CONDITIONS OF COMMUNITY SUPERVISION

Transcription

1 CASE NUMBER THE STATE OF TEXAS IN THE COUNTY CRIMINAL COURT V AT LAW NUMBER SPN OF HARRIS COUNTY, TEXAS CONDITIONS OF COMMUNITY SUPERVISION On this the day of, 2012, the defendant in the above-styled case was granted two (2) years community supervision for the misdemeanor offense of Driving While Intoxicated in accordance with Section 3 of Article 42.12, Texas Code of Criminal Procedure. It is the order of this Court that you, said defendant, abide by the following Conditions of Community Supervision: 1. PARTICIPATION IN DWI SOBER COURT PROGRAM. You are to participate in the Harris County DWI SOBER Court Program beginning. You will be subject to a system of graduated incentives and sanctions. You will comply with all program rules, requirements, contracts and guidelines of the program, as outlined in the DWI SOBER Court Client Agreement/Contract, until you successfully complete the DWI SOBER Court Program and graduate, or are discharged from the program. 2. CONSUMPTION OF ALCOHOL AND DRUGS PROHIBITED. DWI SOBER Court is an abstinence program requiring you to avoid injurious or vicious habits. You are forbidden to use, possess, or consume any controlled substance, dangerous drug, marijuana, alcohol, alcoholic beverage, synthetic drug or prescription drug not specifically dispensed to you by lawful prescription. Except in emergency situations, do not use any narcotic prescription medication without prior notice and approval by the Court as set forth in the DWI SOBER Court Program Agreement. 3. URINALYSIS. Do not ingest, use or consume any substance that will alter, adulterate, dilute or otherwise falsify any urinalysis results. 4. ALCOHOL AND DRUG ABUSE ASSESSMENT. Submit to an alcohol/drug evaluation as directed by your Case Manager and attend all treatment as recommended. Comply with all program rules, regulations and guidelines until successfully discharged or released by further order of the Court. On each reporting date, submit verification of your enrollment, attendance and/or successful completion of the program to your Case Manager to be retained in the HCCS&CD's file. 5. ALCOHOL OR DRUG TREATMENT. Participate in an Intensive Outpatient alcohol/drug treatment program beginning by, followed by Supportive Outpatient alcohol/drug Page 1 Conditions of Community Supervision Revised: 05/17/2012

2 treatment program and at anytime thereafter as directed by your Case Manager. Attend treatment and aftercare as recommended. Comply with all program rules, regulations and guidelines until successfully discharged or released by further order of the Court. On each reporting date, submit written verification of your enrollment, attendance and/or successful completion of the program to your Community Supervision Officer, to be retained in HCCS&CD's file 6. TRUTHFULNESS AND HONESTY. Do not lie, misrepresent or make false statements to Harris County Community Supervision and Corrections Department (hereinafter referred to as HCCS&CD) personnel or any member of the DWI SOBER Court team. 7. BARS AND NIGHTCLUBS. Avoid persons or places of disreputable or harmful character including, but not limited to: bars, nightclubs, taverns and other establishments deriving more than 51% of their revenue by the sale of alcoholic beverages. 8. REPORTING REQUIREMENTS. Report immediately in person, to the Court Liaison Officer for Harris County Criminal Court at Law # DWI SOBER Court Docket, on the of, 2012 and to the Case Manager on the of each month thereafter, or as directed by the Case Manager, for the remainder of the supervision term, unless otherwise ordered by the Court. 9. APPEAR IN DWI SOBER COURT. Each month you will make periodic appearances in court, as ordered by the Court or directed by your Case Manager, and set forth in your DWI SOBER Court Agreement. 10. ATTEND COURT APPROVED SUPPORT GROUP MEETINGS. Attend 12-Step program meetings (or courtapproved support group meetings) at least twice a week, or as directed by the Court, beginning.maintain a verifiable written record of your attendance at these meetings. Bring this record to your DWI SOBER Court supervising officer on every report date. 11. VISITATION AND SEARCH. Permit a Case Manager to visit you at your home, place of employment or elsewhere, and to search the premises. 12. CRIMINAL ACTS PROHIBITED. Commit no offense against the laws of this or any other State or of the United States. 13. ABIDE BY THE RULES AND REGULATIONS OF THE HARRIS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT (hereinafter referred to as HCCS&CD). Refrain from disorderly conduct, abusive language or disturbing the peace while present at any DWI SOBER Court proceeding; HCCS&CD office or facility and program provider. 14. EMPLOYMENT AND EDUCATION. Work faithfully at suitable employment and present written verification of employment (including all attempts to secure employment) to your Case Manager on each reporting date. You shall notify HCCS&CD within 48 hours of any change in your employment status. Page 2 Conditions of Community Supervision Revised: 05/17/2012

3 15. TRAVEL RESTRICTION. Remain within a specified place, to wit: Harris County, Texas, and its contiguous counties. You may not travel outside of Harris County, Texas and its contiguous counties unless you receive prior written permission from the Court through your Case Manager. You must notify HCCS&CD within 48 hours of any change of residence. 16. SUPPORT YOUR DEPENDENTS. Support your dependents as required by law. Provide your Case Manager with a certified copy of all Court orders requiring payment of child support. 17. RANDOM DRUG AND ALCOHOL TESTING. Submit to random drug/alcohol analysis by authorized personnel of HCCS&CD, including any department having courtesy supervision jurisdiction. Provide proof of any medication legally prescribed to you prior to submitting a specimen. 18. PROHIBITION FROM DRIVING A MOTOR VEHICLE. Do not operate a motor vehicle without a valid Texas driver s license or occupational driver s license. 19. ALCOHOL MONITORING. a. IGNITION INTERLOCK DEVICE. Do not operate a motor vehicle unless it is equipped with a court-approved, camera-equipped deep lung breath analysis mechanism to make impractical the operation of a motor vehicle if alcohol is detected in your breath. b. PORTABLE ALCOHOL TESTING DEVICE. You shall obtain a court approved portable alcoholtesting device no later than. The device shall be a court-approved, camera-equipped, deep lung breath analysis mechanism. Blow into the device at the scheduled times as set forth by the Court or your Case Manager. 20. AUTOMOBILE INSURANCE. Pursuant to the Texas Motor Vehicle Safety Responsibility Act, you must provide proof of financial responsibility to a peace officer or a HCCS&CD employee upon request. 21. MANDATORY BREATH OR BLOOD TEST. Immediately provide a breath specimen upon request of any HCCS&CD employee or law enforcement officer. 22. COOPERATION WITH LAW ENFORCEMENT. Do not act as a confidential informant with any law enforcement agency. 23. DWI EDUCATION PROGRAM. YOU SHALL BEGIN AND SUCCESSFULLY COMPLETE THE APPROPRIATE STATE MANDATED DWI EDUCATION COURSE AS DIRECTED BELOW. a. DWI OFFENDER EDUCATION COURSE. Participate in and complete, within 30 days from the date Community Supervision is granted, an approved alcohol/drug education program as required by V.A.C.C.P. Art , Sec 13(h). Comply with all program rules, regulations, and guidelines until successfully discharged or released by further order of the Court. b. DWI REPEAT OFFENDER COURSE. Participate in and complete, within 180 days from the date Community Supervision is granted, an approved alcohol/drug education program, Texas Page 3 Conditions of Community Supervision Revised: 05/17/2012

4 D.W.I. Intervention Program for Repeat Offenders as required by V.A.C.C.P. Art , Sec 13(j). Comply with all program rules, regulations, and guidelines until successfully discharged or released by further order of the Court. 24. INTEGRATED VOICE RECOGNITION. If you are required to participate in the Integrated Voice Recognition System program, you will follow all rules, regulations and guidelines of the program. 25. You are ordered to serve days in the Harris County Jail, beginning 26. FINES, COURT COSTS AND FEES. Pay the following fees through HCCS&CD as specified herein. All payments MUST be in the form of a money order or cashier's check. Personal checks will not be accepted. A $2.00 transaction fee will be charged each time you make a payment. a. Pay a Fine of $ and Court Costs of at the rate of $ per month beginning to Harris County through HCCS&CD. You are given credit for days. b. Pay $12.50 for an Offender Identification Card by to HCC&CD no later than days from the date of this order. c. Pay a Supervision Fee at the rate of $60.00 per month for the duration of your community supervision beginning to HCCS&CD. d. Pay Laboratory Fees of $5.00 per month for the duration of your community supervision beginning to HCCS&CD. e. Pay $50 to Crime Stoppers of Houston by to HCCS&CD. 27. ABILITY TO READ AND WRITE. Submit to an evaluation of your educational skill level no later than. If it is determined that you have not attained the average skill of students who have completed the sixth grade in public schools in this State, you shall participate in the HCCS&CD program that teaches functionally illiterate persons to read. 28. OFFENDER IDENTIFICATION CARD. Report in person to HCCS&CD by for the purpose of creating and obtaining your offender identification card. You are to carry this identification card on your person at all times. 29. BANKRUPTCY. You must include HCCSCD as a creditor if at any time during the term of your supervision you file for bankruptcy. You must provide verbal notification to HCCSCD of any bankruptcy filing during the term of your supervision, within 72 hours of filing for bankruptcy by contacting your Case Manager by telephone and providing written notification and documentation, including the "Notice of Bankruptcy Filing" to: Harris County Community Supervision Attention: General Counsel 49 San Jacinto, Suite 600 Houston, Texas RESIDENTIAL TREATMENT. You are committed to the residential treatment facility beginning, or when space is available. Remain in this facility under Page 4 Conditions of Community Supervision Revised: 05/17/2012

5 custodial supervision and comply with all program rules, regulations, guidelines, treatment and aftercare as recommended until successfully discharged or released by further order of the Court. 31. PSYCHOLOGICAL/PSYCHIATRIC EVALUATION. Submit yourself to a psychological/psychiatric evaluation by Attend treatment and aftercare as recommended. Comply with all program rules, regulations and guidelines until successfully discharged or released by further order of the Court. On each reporting date, submit written verification of your enrollment, attendance and/or successful completion of the program to your Case Manager, to be retained in HCCS&CD's file. 32. MENTAL HEALTH TREATMENT. You are to participate in the Mental Health and Mental Retardation Authority (MHMRA), beginning and at any time thereafter as directed by your Case Manager. Attend treatment and aftercare as recommended. Comply with all program rules, regulations and guidelines and take all medications prescribed until successfully discharged or released by further order of the Court. On each reporting date, submit written verification of your enrollment, attendance and/or successful completion of the program to your Case Manager, to be retained in HCCS&CD's file. I understand that under the laws of this State, the Court shall determine the terms and conditions of Community Supervision, and may alter or modify said conditions during the period of Community Supervision. I further understand that failure to abide by these Conditions of Community Supervision may result in the revocation of Community Supervision. Community Supervision expires Defendant Presiding Judge Case Manager PLEA: Guilty Defendant's Right Thumbprint Page 5 Conditions of Community Supervision Revised: 05/17/2012