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Deferred Adjudication Supervision

According to the Code of Criminal Procedure, Article 42.12, § 5, deferred adjudication community supervision is provided a defendant when, following a plea of guilty or no contest, the judge defers further proceedings without entering an adjudication of guilt and places the defendant on community supervision.

In FY ‘00, district and county courts-at-law judges deferred 262 felony offenders and 782 misdemeanor offenders, for a total of 1,044 individuals placed on deferred adjudication supervision.

Regular Supervision

Article 42,12, § 2, (2) defines Community Supervision as the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period during which (a) criminal proceedings are deferred without an adjudication of guilt or (b) a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part.

Adjudicated defendants placed on community supervision by the courts consisted of 127 felony and 1,036 misdemeanor cases for a total of 1,163 offenders. Overall, courts placed 2,246 offenders on community supervision during fiscal year ’00. Sixteen offenders were placed on supervision after returning from shock incarceration; and 23 were placed after returning from boot camp.

The following tables compare Misdemeanor and Felony Placements from FY '96 - '00:

Misdemeanor Placements
Fiscal Years '96 - '00

 

FY ‘96

FY ‘97

FY ‘98

FY ‘99

FY '00

Deferred Adjudication

594

683

694

813

782

Adjudicated

958

948

1,087

1,006

1,036

Total Placed on Supervision

1,552

1,631

1,781

1,819

1,818

 

Felony Placements
Fiscal Years '96 - '00

  FY '96 FY '97 FY '98 FY '99 FY '00
Deferred Adjudication 176 256 250 295 262
Adjudication 154 158 173 129 127
Return from Shock 5 2 14 14 16
Return from Boot Camp 16 13 25 7 23
Return from State Jail 0 0 0 0 0
Total Placed on Supervision 351 429 462 445 428

Misdemeanor community supervision placements decreased by one individual (less than 1%) and felony placements decreased by 4% (17) from Fiscal Year 1999.

The department supervised an average monthly direct caseload of 1,023 felons and 1,245 misdemeanants, a 1% increase from fiscal year '99; and 1,124 indirect felons and 1,988 indirect misdemeanants, a decrease of 3% from the previous fiscal year.  Indirect status consists of inter- and intrastate transfers, offenders reporting by mail, inactive offenders on indirect status in jail or prison, absconders, and offenders on indirect status serving time in a Substance Abuse Felony Punishment Facility.

The following table outlines felony supervision and caseload size for FY '00:

Felony Supervision

Fiscal Year '00

 

Direct Cases

Indirect Cases

September

1,030 1,071

October

1,047 1,075

November

1,038 1,087

December

1,007 1,126

January

1,011 1,132

February

1,003 1,137

March

1,010 1,140

April

1,011 1,139

May

1,019 1,142

June

1,024 1,143

July

1,032 1,140

August

1,043 1,150

Average Caseload Size

1,023 1,124

 

The Following table outlines misdemeanor supervision and caseload size for fiscal year '00:

 

Misdemeanor Supervision

Fiscal Year '00

  

Direct

Indirect

September

1,231 2,029

October

1,267 2,005

November

1,265 1,991

December

1,241 1,977

January

1,225 1,990

February

1,227 1,987

March

1,228 1,966

April

1,232 1,964

May

1,227 1,969

June

1,254 1,975

July

1,287 1,983

August

1,255 2,016

Average Caseload Size

1,245 1,988

The department terminated 2,622 community supervision cases during fiscal year '00, a 3 person increase from FY '99.  About 53% (1,386) of the terminated cases were successful discharges consisting of early terminations and expired terms of supervision.  This figure represents an 11% increase from fiscal year '99.  Administrative closures (cases returned to their original county of jurisdiction) decreased by 25%.  Revokes to jail increased 8% and revokes to state jail decreased by 1 person from the previous fiscal year, while revokes to TDCJ-ID remained the same, at 100 individuals.

The following table illustrates terminations in detail:

Departmental Terminations

Fiscal Years '96 - '00

 

FY ‘96

FY ‘97

FY ‘98

FY ‘99

FY '00

Successful

947

1,054

1,126

1,254

1,386

Administrative Closure

439

475

433

665

497

Revoked to County Jail

253

347

393

487

527

Revoked to State Jail

17

25

45

94

93

Revoked to TDCJ-ID

137

123

126

100

100

Other Unsuccessful

0

16

8

19

19

Total

1,793

2,040

2,131

2,619

2,622

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