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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 3 <strong>of</strong> 15GENERAL QUESTIONS (CONT.)An <strong>of</strong>fender is placed on probation in a satellite <strong>of</strong>fice and is put on report by mail status. The<strong>of</strong>ficer that handles the report by mail case is in the chief county <strong>of</strong>fice, because the CSCDcentralizes all report by mail cases to be handled by the chief county (not all CSCDs do it thisway). The <strong>of</strong>fender then gets another case out <strong>of</strong> the chief county. The <strong>of</strong>fender is told toreport by mail for the chief county case also. How should the satellite <strong>of</strong>fice reportsupervision status and how should the chief county report supervision status?The satellite county should place the <strong>of</strong>fender (appropriate category under Item II.A.1) and carryas an "Indirect, Report by Mail" (Item I.B.4.). The chief county should also place the <strong>of</strong>fender(appropriate category under Item II.A.1) and carry as an "Indirect, Report by Mail" (Item I.B.4).The satellite county should not count the person as an Indirect, Transfer within the CSCD.How should we count those <strong>of</strong>fenders originally placed on deferred adjudication but who havesince been adjudicated? Should the case be terminated before reporting the <strong>of</strong>fender underdeferred to adjudicated status?No, the <strong>of</strong>fender should not be counted as a termination on the MCSCR if the change was fromdeferred to adjudicated status. The <strong>of</strong>fender should be counted when originally placed underDeferred Adjudication (Item II.A.1.b.) during the month when they are originally placed andthen once adjudicated Deferred to Adjudicated Status (Item II.A.4.) during the month in whichthey are adjudicated in addition to being counted within the End <strong>of</strong> Month Supervision Statussection under Direct or Indirect (Item I.A. or I.B.).An <strong>of</strong>fender is on probation and a MTR is filed (signed by the prosecutor, not the judge). The<strong>of</strong>fender’s community supervision expires prior to the judge signing the MTR. The <strong>of</strong>fender is<strong>of</strong>f probation and reported as expired term. Following expiration, the judge receives the MTR,signs it, and calls the <strong>of</strong>fender into court.What reporting action should be taken? Should the old termination be deleted and the personput back in the DIRECT or INDIRECT count beginning at the time the <strong>of</strong>fender’s sentencewas expired?The <strong>of</strong>fender is not legally on probation if the term expires before the judge signs the MTR(capias). <strong>CJAD</strong> will not fund <strong>of</strong>fenders who are on probation illegally. Therefore, thetermination as reported at the time <strong>of</strong> sentence expiration is still correct. Do not report <strong>of</strong>fenderson the MCSCR (even as Indirect) when they are illegally on probation.A misdemeanant is placed on probation in November, but never shows up. He is arrested inApril and the judge decides to “forget about the first community supervision” and now begincommunity supervision. How should this be reported?Since the judge, in effect, nullified the first probation (and we do not want to fund this persontwice), the MCSCR should be revised. One misdemeanant should be subtracted each monthfrom November through March and this <strong>of</strong>fender should be newly added in April.- 25 ­

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