TDCJ-CJAD Data Manual - Texas Department of Criminal Justice

Page 7 of 15PRETRIAL CASES (CONT.)If an individual is on pretrial supervision and then receives deferred adjudication or isconvicted and then placed on probation, how should the individual be reported?The individual should be shown as a pretrial termination (Item II.B.1.i) and then be added as anoriginal probation placement (Item II.A.).How should a felony offender on Pretrial Diversion that moved to another jurisdiction thatdoes not have Pretrial Diversion services be reported on the MCSCR? The offender will bereporting by mail to the original CSCD.The MCSCR instructions state that CSCDs should “count persons receiving court-approvedpretrial supervision or diversion services in the county”. Defendants should be counted only ifprovided supervision by or through the CSCD. The offender should not be reported if he/she isnot being supervised (“directly”) by the county. This is consistent with the policy that if anoffender is receiving pretrial diversion by another jurisdiction, the original county does not countthe person.While on pretrial diversion, an offender violated conditions. Motion to proceed is filed. Whilethe motion to proceed is pending, the pretrial probation term expired. How to report onMCSCR?Report this as a pretrial termination (Item II.B.1.i.). As the pretrial diversion term expired, theoffender is a no longer being supervised. Unless he/she is on PR bond and has PR conditions,this individual is a free citizen. He/She has no community supervision status. All that themotion to proceed means (if not on PR bond) is that the case is awaiting trial.An offender is on bond supervision. The bond term expires, but the offender has not seen theattorney or been before the judge. Should the offender continue to be counted on theMCSCR?If the pre-trial term has expired, the offender should not be carried on the MCSCR. If the judgewants to extend the term of supervision, this needs to be a documented court order.TRANSFERSCan an individual who has been transferred in for supervision and is then convicted of asubsequent offense be counted as an original probation placement in the supervising county?In general, an individual who is already being reported under supervision in a county cannot becounted again as a probation placement. An exception to this rule will be made for individualswho have transferred in, commit a crime in the county, and are placed on probation again withthe supervision county now also being the county of jurisdiction. Under these circumstances, theindividual can be counted as an original probation placement. This exception is in order to givethe county credit for the probation placement. However, the individual should only be countedonce under the direct supervision category.- 29 ­