Basic Conditions of Community Supervision
The defendant in the above entitled and numbers cause having being granted community supervision under Article 42.12 of the Texas Code of Criminal Procedure, is hereby ordered to abide by all of the following conditions and terms of community supervision during the period of community supervision.
1. Abide by both the rules and regulation of the Montgomery County Department of Community supervision and Corrections(hereafter referred to as “MCDCSC”) and the following conditions of community supervision during said term:
2. Commit no offense against the laws of this state, or any other state or of the United States;
3. Avoid injurious or vicious habits, and avoid the use of alcoholic beverages and/or prohibited controlled substances; Avoid places where the primary business is the sale and consumption of alcohol on the premises;
4. Avoid persons or places of disreputable or harmful character; avoid contact with known felons; and avoid contact with persons who are known gang members, and places where known gang members congregate.
5. Report to the office of Community Supervision, at least monthly and at all other times as directed by the MCDCSC and obey all rules and regulations of the MCDCSC. Permit the community supervision officer to visit you at your home or place of employment. Should the community supervision of the Defendant be transferred to a supervising department of another state, IT IS ORDERED that the Defendant shall report in person to the supervision officer of that department at least monthly, and at all other times as directed by the supervision officer of that department. In addition, the Defendant is ORDERED to report by mail to the Montgomery County Community Supervision and Corrections Department at least monthly, and at all other times as directed by the Defendant’s Montgomery County community supervision officer; Should the community supervision of the defendant be transferred to a supervising department of another county of this state, IT IS ORDERED that the defendant shall report in person or by mail as directed by the Montgomery County supervising officer to the Montgomery County Community Supervision and Corrections Department at least monthly, until such time as the Montgomery County Community supervision and Corrections Department receives notification of acceptance by the county where the Defendant’s community supervision is being transferred. If the Defendant’s community supervision is accepted by another county, the Defendant is ORDERED to report in person to the supervising officer of that department at least monthly and at all other times as directed by the supervising officer of that department. Should the county not accept transfer of the Defendant’s community supervision, the Defendant isORDERED to report in person to the supervising officer of the Montgomery County Community Supervision and Corrections Department at least monthly, and at all other times as directed by the Defendant’s Montgomery County community supervision officer;
6. Work faithfully at suitable employment and present written verification of employment (including all attempts to secure employment) once each month on the reporting date’ If unemployed, participate in and complete the Offender Employment Program at the direction of your community supervision officer;
7. Remain within the state of Texas unless given written permission to leave the state from the Court or your community supervision officer. Notify the community supervision officer orally and in writing of any change in your home address within 48 hours of the change;
8. Support your dependents as provided by law. Provide you community supervision officer with a certified copy of any and all Court Orders requiring payment of child support;
9. Submit to medical, chemical, or any other test or examination for the purpose of determining whether or not you are using or under the influence of alcohol, narcotic drugs, marijuana, or any other controlled substances and pay all cost associated with such tests and examinations. Detection of any controlled substance or alcohol shall be construed as a violation of your community supervision.
10. If you have not completed high school, participate in and successfully complete a community-based program, G.E.D. Program or complete an Adult Basic Education Course. If needed, complete an English as a Second Language Course in lieu of the above. Written verification upon entrance and completion of the program must be provided to MCDCSC, to be retained in your community supervision file. Enrollment to begin at the direction of the MCDCSC;
11. ALCOHOL/DRUG EVALUATION: Submit to an alcohol/drug evaluation by the MCDCSC OR BY A PROGRAM OR FACILITY APPROVED BY THE Texas Commission on Alcoholism; and if ordered to attend and participate in an approved treatment program by the court or the MCDCSC, you are to attend and participate in such a program and submit written proof thereof to your community supervision officer, to be retained in your community supervision file.
12. SUPERVISORY FEE; Pay $60.00 (or any amount specified on the judgment) between the 1st and the 21st day of each month hereafter to the MCDCSC, beginning the following month from the date the judgment is entered, unless ordered to do otherwise by the Court.
13. CRIME STOPPERS: Pay $15.00 (or any amount specified on the judgment) to Crime Stoppers of Montgomery County through the MCDCSC. Payment to be made within 45 days from the date the judgment is signed.
14. ALL CONDITIONS OF COMMUNITY SUPERVISION ARE TO BE COMPLETED AT YOUR OWN EXPENSE UNLESS OTHERWISE STATED HEREIN.
15. JAIL TIME: Serve a total of 72 Hours (or any amount of time specified on the Community Supervision Judgment) in the Montgomery County Jail as a condition of community supervision beginning on the date and under the terms specified on the judgment and continuing until completion of said time. You will receive credit as specified on the judgment.
16. COMMUNITY SERVICE: Participate in a Community Service Restitution program, administered through the MCDCSC. You shall contribute the total number of hours specified on your Community Supervision Judgment, at the organization designated by the MCDCSC from the list of court approved organizations filed with the County Clerk’s office. Community restitution is to be performed at the rate of at least 16 hours per month beginning no later than one month from the date the Community Supervision Judgment in this case is signed.
17. ALCOHOLIC ANONYMOUS MEETINGS: Participate in the Community-based program, Alcoholic Anonymous, at the direction of the community supervision department and as set forth in your community supervision Judgment. Written verification of each meeting attended must be presented to the MCDCSC, to be retained in your community supervision file.
18. VICTIM IMPACT PANEL: You shall attend and complete a Victim Impact Panel on or before the 180th day after Community Supervision has been granted. A ten dollar ($10.00) fee must be paid before attendance.
19. DOMESTIC VIOLENCE PROGRAM: Participate in the MCDCSC Domestic Violence Program; if instructed by the supervising community supervision officer, you will enroll in and successfully compete the Domestic Violence therapy program (I.E.-Pivot Program) or any other anger management program, as directed.
20. ANGER MANAGEMENT EVALUATION: Submit to an Anger Management Evaluation as directed by the MCDCSC; and if ordered you will participate in and complete counseling for Anger Management, at an approved facility or program to be determined by the MCDCSC.
21. DWI 1ST EDUCATION PROGRAM: Participate and successfully complete, at your own expense, before the 181st day after the day community supervision is granted an educational program jointly approved by the Texas Commission on Alcohol and Drug Abuse, the Department of Public Safety, the Traffic Safety Section of the State Department of Highways and Public Transportation, and the Texas Adult Community Supervision Commission designed to rehabilitate persons who have driven while intoxicated.
22. DWI 2ND EDUCATION PROGRAM: You are to participate and satisfactorily complete a REPEAT OFFENDER EDUCATION PROGRAM at the direction of the MCDCSC AND WHICH IS APPROVED BY THE Texas Commission on Alcohol and Drug Abuse. Said program is to be completed before the 180th day after the day community supervision is granted. Failure to complete the program within the prescribed time may result in revocation of your driver’s license.
23. DRUG OFFENDER EDUCATION PROGRAM: You shall attend and complete, within 180 days following the date of conviction, a certified Drug Offender Education Program is provided in Article 6687b, Section 24, Vernon’s Civil Statutes.
24. THEFT BY CHECK: You are to participate in a Theft by Check Program as administered by the MCDCSC.
25. SEXUAL OFFENDER: Participate in an evaluation and treatment or counseling program through a Sexual Offender Treatment Program at the direction of the MCDCSC, and provide proof thereof to the MCDCSC for your Community Supervision file.
26. D.P.S. COMPLIANCE; Obtain D.P.S. compliance within ninety (90) days.
27. LETTER OF APOLOGY: Write a one page letter of apology to the named individual(s) or organization(s) regarding the offense(s) you have committed, set forth on the Community Supervision Judgment. Submit the letter for review to your supervising MCDCSC officer.
28. IGNITION INTERLOCK; Pursuant to Texas Code of Criminal Procedure Article 17.441, within seven (7) days of entry of this Order, you are ORDERED to install on the motor vehicle owned by the above-named offender or in the vehicle most regularly driven by the above-named offender, a deep-lung breath analysis device (ignition interlock) that makes impractical the operation the of motor vehicle if ethyl alcohol is detected in the breath of the operation. This device shall be calibrated to .03 BAC and shall prevent the vehicle from being driven if the device detects ethyl alcohol on your breath. You are ORDERED to pay all costs, fees and expenses associated with the installation, maintenance and removal of the device. You are PROHIBITED from operating any motor vehicle that is not equipped with an operational deep-lung breath analysis device.
In the alternative , if you do not own a motor vehicle or are prohibited from operating a motor vehicle, within 7 days of this judgment, you are ORDERED to be equipped with a SCRAM ankle monitor, Soberlink monitor or InHom Camera device for the entire period of community supervision or until released by the court. You are ORDERED to pay all costs associated with the monitor and you are Ordered not to tamper with, remove or obstruct the monitor. You are further ORDERED to abide by all rules and requirements under any participation agreement including not missing any communication times set out by the participant agreement. You are further ORDERED to allow for the visual inspection of the monitor at the request of your Supervision Officer.
29. Participate in the DWI Court Program; begin immediate participation at the direction of the Supervision Officer; comply with the rules of the Program, and pay all costs of the Program. Ordered to continue in said Program until successfully completed. If needed, produce written proof of completion to the Supervision Officer.
30. Participate in the Sober Program; begin participation within 30 days of this order; comply with the rules of the Program, and pay all costs of the Program. Ordered to continue in said Program until successfully completed. If needed, require written proof of completion to the Supervision Officer.
31. Participate in the Managed Assigned Counsel Program; begin immediate participation at the direction of the Supervision Officer; comply with the rules of the Program, and pay all costs of the Program. Ordered to continue in said Program until successfully completed. If needed, require written proof of completion to the Supervision Officer.
32. Successfully complete, within 180 days, the Anti-Theft Class, through an agency approved by your Supervision Officer; pay all required fees associated with the Program; provide proof of the successful completion of the program to your Supervision Officer within 10 days of completion of the program.
33. Successfully complete, within 180 days, the Batterers= Intervention Prevention Program, through an agency approved by your Supervision Officer; pay all required fees associated with the Program; provide proof of the successful completion of the program to your Supervision Officer within 10 days of completion of the program.
34. Successfully complete, within 180 days, the Moral Reconation Therapy Class, through an agency approved by your Supervision Officer; pay all required fees associated with the Class; provide proof of the successful completion of the program to your Supervision Officer within 10 days of completion of the program.
35. No contact/offensive contact (circle one) with complaining witness listed in the charging Information in this case.
36. Ordered to furnish a sample of your breath, blood or urine at the request of any peace officer who has probable cause to believe the defendant may have committed any crime under Chapter 49 of the Texas Penal Code (intoxication and Alcoholic Beverage Offenses); Ano breath test refusals@.
37. Complete any other terms or conditions as specified on the community supervision judgment
You are hereby advised that under the laws of this State, the Court shall determine the terms and conditions of community supervision, and may at any time during the period of community supervision, alter or modify the conditions of community supervision.
The Court also has the authority at any time during the period of community supervision to revoke the community supervision when a preponderance of the evidence establishes a violation of one or more of the conditions set forth above.