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TDCJ-CJAD Data Manual - Texas Department of Criminal Justice

TDCJ-CJAD Data Manual - Texas Department of Criminal Justice

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Page 1 <strong>of</strong> 15Monthly Community Supervision and Corrections ReportFrequently Asked QuestionsGENERAL QUESTIONSAn <strong>of</strong>fender has a felony and two companion misdemeanors. He has been revoked on thefelony only and is in the county jail awaiting transfer to ID. He is still being seen on the twomisdemeanors while in county jail. Does he count as a direct or indirect?While he is in county jail, the <strong>of</strong>fender can still be seen on the two misdemeanors, and counted asdirect. Once he transfers to ID, he can no longer be seen and must be counted as an indirect.Does a judge have to <strong>of</strong>ficially sentence an <strong>of</strong>fender to incarceration for them to be counted asIndirect-Incarcerated?Yes, the sentence must be <strong>of</strong>ficial to be counted as incarcerated. If an <strong>of</strong>fender is indirect becausehe/she is awaiting sentence/trial/etc for a new charge, he/she should be counted as Indirect Other(Item II.B.6), not as Indirect Incarcerated (Item I.B.5). If he/she is incarcerated in a County Jailwhile awaiting a hearing for a MTR/MTA, he/she may be counted as Indirect—Incarcerated inCounty Jail (Item II.b.5.a).Is it possible for a person to be reported under indirect status in more than one county at thesame time?Yes. If a person is placed on probation for separate <strong>of</strong>fenses in different counties, each <strong>of</strong> thecounties should count the individual as a probation placement. If supervision <strong>of</strong> the <strong>of</strong>fender istransferred to a third county, each <strong>of</strong> the other counties with jurisdiction over the person shouldreport the individual as a transfer under indirect status.In other instances, it is possible for an individual to be reported as an indirect in more than onecounty, but it should only be allowed for a short period. For example, an individual might be onprobation in a county and transferred to another county, thus becoming an indirect case for thefirst and a direct case for the second. If the person should then abscond, the second county mayelect to carry the person as an absconder (indirect) for a short period (i.e., while attempting tolocate the person, while verifying information, etc.). If it becomes apparent that the individualhas indeed absconded, courtesy supervision should be returned to the county <strong>of</strong> originaljurisdiction. The same principal would apply to departments consisting <strong>of</strong> more than one county.Should <strong>of</strong>fenders with both a Civil and an adjudicated, deferred or pretrial case be countedunder Civil Probation on the MCSCR?An <strong>of</strong>fender can only be counted in ONE category <strong>of</strong> Section I <strong>of</strong> the MCSCR (as per theinstructions). Therefore, such <strong>of</strong>fenders should be counted as Direct (or Pretrial, if appropriate).- 23 ­

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