Probation Rules in Texas
Texas calls probation 'community supervision.' Most felony community supervision is 5-10 years; misdemeanor is up to 2 years. You must report to your supervision officer, pass drug tests, complete community service, and pay fines and fees. You cannot leave the county without permission. Deferred adjudication can result in no conviction if completed successfully. Early termination is possible after one-third of the term or 2 years. Violations can lead to revocation and the full original sentence.
Last updated:
Overview
Texas uses the term 'community supervision' rather than probation, governed primarily by Chapter 42A of the Texas Code of Criminal Procedure. Texas has a mixed sentencing system with both statutory guidelines and significant judicial discretion. There are two main tracks: regular community supervision (straight probation, where a conviction is entered but the sentence is suspended) and deferred adjudication community supervision (where the judge defers a finding of guilt, and successful completion can result in dismissal without a conviction). Texas has undergone significant reform in recent years, including HB 2649 which reduced maximum felony probation terms for many offenses. The system emphasizes graduated sanctions and early termination incentives for compliant offenders.
Quick Answer
Texas calls probation 'community supervision.' Most felony community supervision is 5-10 years; misdemeanor is up to 2 years. You must report to your supervision officer, pass drug tests, complete community service, and pay fines and fees. You cannot leave the county without permission. Deferred adjudication can result in no conviction if completed successfully. Early termination is possible after one-third of the term or 2 years. Violations can lead to revocation and the full original sentence.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Regular Community Supervision (Straight Probation) | Imposed after a guilty verdict or plea, with a conviction entered on your record. The judge suspends the prison sentence and places you on community supervision with conditions. If you violate, the court can revoke and impose the original sentence. The conviction remains on your record regardless of completion. | Up to 10 years for first, second, and third degree felonies; up to 5 years for state jail felonies (reduced under HB 2649 for many offenses); up to 2 years for misdemeanors |
| Deferred Adjudication Community Supervision | The judge accepts your guilty or no contest plea but defers a finding of guilt. You are placed on community supervision with conditions. If you successfully complete all terms, the case is dismissed and no conviction is entered. However, the arrest record remains and may be sealed through a petition for nondisclosure. If you violate, the judge can adjudicate guilt and impose any sentence up to the maximum for the offense. | Up to 10 years for felonies; up to 2 years for misdemeanors; no maximum for certain offenses like sex offenses involving children |
| Intensive Supervision Program (ISP) | A more restrictive form of community supervision involving frequent contact with a supervision officer (multiple times per week), electronic monitoring, curfews, and strict conditions. Typically imposed for higher-risk offenders or as a step-up sanction for violations of standard supervision. | Same as underlying community supervision term |
| Specialized Community Supervision (DWI, Drug Courts) | Texas has specialized supervision tracks including DWI courts, drug courts, mental health courts, and veterans courts. These programs provide intensive treatment and supervision tailored to the specific needs of the offender. Drug court typically involves multiple phases with decreasing supervision as the participant progresses. | Varies by program; DWI probation can be up to 2 years for misdemeanor and up to 10 years for felony DWI |
Probation Conditions
- ✓Report to Community Supervision Officer
Report to your assigned community supervision officer as directed, typically monthly in person. Some jurisdictions use telephonic or electronic reporting for low-risk offenders.
- ✓Commit No New Offenses
Do not commit any criminal offense, whether federal, state, or local. Any new arrest, even for a misdemeanor, can trigger a motion to revoke or adjudicate.
- ✓Drug and Alcohol Testing
Submit to random drug and alcohol testing as directed. This may include urinalysis, breath tests, hair follicle tests, or continuous alcohol monitoring devices (SCRAM). DWI probation often includes an interlock device on your vehicle.
- ✓Pay Fines, Fees, Court Costs, and Restitution
Pay all court-ordered fines, supervision fees (typically $25-60/month), court costs, and restitution to victims on the schedule set by the court. Texas also requires a one-time $60 probation fee.
- ✓Community Service
Complete a specified number of community service hours, typically 100-200 hours for felonies and 24-80 hours for misdemeanors, through approved organizations.
- ✓Maintain Employment or Education
Obtain and maintain suitable employment, or be enrolled in an educational or vocational training program. Notify your officer of any changes in employment.
- ✓No Firearms or Weapons
Do not possess firearms, ammunition, or other prohibited weapons during the period of community supervision. Felony offenders face federal prohibitions on firearms possession.
- ✓Treatment and Counseling Programs
Attend and complete court-ordered treatment programs, which may include substance abuse treatment (SAFPF), cognitive-behavioral programs, anger management, domestic violence intervention, or sex offender treatment. DWI offenders must complete a DWI education program.
- ✓Travel Restrictions
Remain within the county of residence unless written permission is obtained from your supervision officer. Out-of-state and international travel require advance approval.
- ○Curfew
Some offenders are ordered to observe a curfew, typically from 10 PM to 6 AM. Curfew is more common for DWI offenses, drug offenses, and younger offenders.
- ○Avoid Certain Persons and Places
Avoid contact with co-defendants, victims, gang members, or other persons with criminal records. Stay away from bars, clubs, or other locations as ordered.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| Technical Violations | Missing a meeting with your supervision officer, failing a drug test, not completing community service on time, failure to pay fines or fees on schedule, missing a treatment appointment, violating curfew, leaving the county without permission, failing to maintain employment | Texas uses graduated sanctions for technical violations. Consequences may include: verbal or written warning, increased reporting frequency, additional community service hours, mandatory treatment or counseling, modification of conditions (more restrictive), short-term jail confinement (up to 180 days as a condition of community supervision under Art. 42A.752), electronic monitoring, or a formal motion to revoke. Judges have broad discretion. For deferred adjudication, the state may file a motion to proceed with adjudication of guilt. |
| Substantive Violations (New Criminal Offense) | Being arrested for or charged with any new criminal offense, including DWI, assault, theft, drug possession, weapons offenses, or any felony or misdemeanor | A new criminal offense typically results in a motion to revoke community supervision (for straight probation) or a motion to adjudicate guilt (for deferred adjudication). At a revocation hearing, the burden of proof is preponderance of the evidence (lower than beyond a reasonable doubt). If revoked, the judge can impose any sentence up to the maximum for the original offense, including the full prison term. For deferred adjudication, the judge can find you guilty and impose any sentence within the statutory range. There is no right to a jury at a revocation hearing. |
| Absconding / Failure to Report | Failing to report for an extended period, leaving the jurisdiction without permission, becoming unreachable by the supervision officer, failing to provide a valid address | A warrant is issued for your arrest (capias). Upon apprehension, you face a revocation hearing. Absconding is treated very seriously and almost always results in revocation with prison time. The time spent absconding does not count toward your supervision term. |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
In Texas, community supervision (probation) and parole are distinct. Community supervision is imposed at sentencing as an alternative to incarceration, supervised by county Community Supervision and Corrections Departments (CSCDs). Parole is post-prison supervision, granted by the Texas Board of Pardons and Paroles after a person serves a portion of a prison sentence, and supervised by the Parole Division of the Texas Department of Criminal Justice (TDCJ). Community supervision conditions are set by the sentencing judge; parole conditions are set by the Board of Pardons and Paroles. Violations of community supervision are handled by the sentencing court; parole violations are handled by the Board. A key difference: community supervision can result in deferred adjudication (no conviction), while parole always follows a conviction and imprisonment.
Frequently Asked Questions
- What is the difference between regular probation and deferred adjudication in Texas?
- Regular community supervision (straight probation) involves a conviction on your record with the sentence suspended. Deferred adjudication means the judge defers a finding of guilt. If you successfully complete deferred adjudication, the case is dismissed and no conviction is entered. However, if you violate deferred adjudication, the judge can find you guilty and impose any sentence up to the maximum, with no credit for time served on supervision.
- How long is probation in Texas?
- Misdemeanor community supervision can be up to 2 years. Felony community supervision can be up to 10 years for first, second, and third degree felonies, and up to 5 years for state jail felonies. Recent reforms under HB 2649 reduced maximums for many felonies to 5 years. Sex offenses and certain other serious crimes may have longer terms.
- Can I get off community supervision early in Texas?
- Yes. Under Article 42A.701, you may petition for early termination after completing one-third of your term or 2 years, whichever is greater. You must have completed all conditions and have no violations. The court is required to consider your request. Your supervision officer's recommendation is the most influential factor.
- What happens if I violate probation in Texas?
- Consequences depend on the type and severity of the violation. Technical violations may result in graduated sanctions (warnings, increased reporting, additional conditions, short jail stays). A new criminal offense will likely result in a motion to revoke. If probation is revoked, the judge can impose any sentence up to the maximum for the original offense, including the full prison term.
- Can I travel out of state on probation in Texas?
- Yes, but you must get advance written permission from your supervision officer. Submit your request at least 2-4 weeks in advance. International travel is rarely approved. Leaving your county or the state without permission is a violation that can result in a warrant and revocation.
- What is SAFPF in Texas?
- SAFPF stands for Substance Abuse Felony Punishment Facility. It is a residential treatment program operated by TDCJ for felony offenders with substance abuse issues. A judge can order SAFPF as a condition of community supervision. The program lasts 6-9 months and is followed by continued community supervision with aftercare treatment.
- Can I seal my record after deferred adjudication in Texas?
- Yes, in many cases. After successful completion of deferred adjudication, you may petition for a nondisclosure order under Texas Government Code 411.0715, which seals the record from public access. Eligibility depends on the offense. Certain offenses, including sex offenses, murder, aggravated kidnapping, family violence, and stalking, are not eligible for nondisclosure. There may be a waiting period of 2-5 years after discharge.
- What is the difference between community supervision and community control in Texas?
- Texas does not use the term 'community control' (that is a Florida term). In Texas, 'community supervision' is the umbrella term for what most states call probation. Within community supervision, there are different levels including standard reporting, intensive supervision, and specialized programs like drug courts and DWI courts.
Take Action — Direct Links
- Texas Code of Criminal Procedure Chapter 42A - Community Supervision
The full text of the Texas statute governing community supervision, including conditions, violations, revocation, and early termination.
- Texas Department of Criminal Justice - Community Justice Assistance Division
The state agency that provides oversight and funding to local Community Supervision and Corrections Departments.
- Texas Government Code 411.0715 - Nondisclosure
The statute governing nondisclosure orders (record sealing) for deferred adjudication cases.
- Interstate Compact for Adult Offender Supervision (ICAOS)
The interstate compact governing transfer of supervision between states for out-of-state travel and relocation.
- Texas Courts - Probation Information
The Texas Courts website with information about court procedures, forms, and resources for probationers.