Parole And Supervision
Gov't Code 508.282 — charges disposed of before the 41st day or the 91st
Conditions. A parole panel may impose as a condition of parole or mandatory supervision any condition a court may impose on a defendant placed on community supervision, including testing for controlled substances or electronic monitoring where the panel determines the inmate would not otherwise be released.
- In a case of parole or mandatory supervision, the director or a designated agent of the director may issue a warrant for the releasee's return.
- Instead of a warrant, the parole division may issue a summons to appear for a hearing, for a releasee who is not on intensive or superintensive supervision, not an absconder and not found to be a threat to public safety.
- A summons is required where the releasee is charged only with an administrative violation alleged to have happened after the first anniversary of release, is not serving a sentence for and has no previous conviction of an offense listed in or described by article 62.001(5), and is not one of the releasees a summons may not be issued to.
- A summons states the time, date, place and purpose of the hearing.
A preliminary hearing. Within a reasonable time, a releasee gets a preliminary hearing on whether probable cause or reasonable grounds exist to believe a violation was committed, unless the releasee waives it, is charged only with an administrative violation, or has been adjudicated guilty of, or pleaded guilty or nolo contendere to, an offense committed after release other than a fine only offense involving the operation of a motor vehicle.
A hearing. A releasee accused of a violation on information and complaint by a peace officer or parole officer is entitled to a hearing before a parole panel or a designated agent of the board, held in time for the charges to be disposed of within the periods below. Parole or mandatory supervision may not be revoked if the only evidence of the violation is the uncorroborated results of a polygraph examination. Where the releasee was convicted of a felony committed while released and sentenced to confinement, that determination is a sufficient hearing, though a hearing on mitigating circumstances is held if the releasee asks.
| Arrested on a warrant for | The charges are disposed of |
|---|---|
| Arrested on a warrant forOnly an administrative violation of a condition | The charges are disposed ofBefore the 41st day after the warrant is executed |
| Arrested on a warrant forAn offense allegedly committed after release, with no indictment, information or complaint filed | The charges are disposed ofBefore the 91st day after the warrant is executed |
| Arrested on a warrant forEither, where a continuance is granted to the releasee | The charges are disposed ofNo later than the 15th day after the date otherwise required |
Those periods do not bind while the person is in custody in another state or a federal correctional institution, and where the sheriff does not provide a place to hold the hearing, the charges are disposed of by the 30th day after the sheriff provides one. Charges are disposed of when release is revoked, or continued or modified and the person is released from the county jail, when the warrant is withdrawn, or when the person is transferred for further proceedings.
What may follow. After the hearing a parole panel may continue, revoke or modify parole or mandatory supervision. On revocation the person may be required to serve the remaining portion of the sentence, and the section sets how much of the time spent on release counts toward it; for a person described in section 508.149(a), none of it does. Where supervision is modified after a violation, the board may require the releasee to remain in a county jail for not less than 60 days or more than 180 days, where the county has a contract with the department.
Community supervision. The judge sets the conditions after a risk and needs assessment, and may impose any reasonable condition designed to protect or restore the community or the victim, or to punish, rehabilitate or reform the defendant, considering the effect on work, education and community service and on the ability to meet financial obligations. They may include committing no offense, reporting to the supervision officer, permitting the officer to visit at home, working at suitable employment, remaining within a specified place, paying the fine and court costs, and supporting dependents.
- The judge may issue a warrant for a violation at any time during community supervision.
- The arrested defendant is taken before the judge who ordered the arrest, or a magistrate if the judge is unavailable, without unnecessary delay and not later than 48 hours after the arrest, and only that judge may authorize release on bail.
- A defendant not released on bail may move for a hearing, and the judge brings the defendant before the court for it within 20 days of the date the motion is filed.
- The hearing is without a jury, and the defendant has a right to counsel, appointed for an indigent defendant.
- Supervision may not be revoked if the only evidence is the uncorroborated results of a polygraph examination, and where the only violation alleged is failing to pay fees or costs, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not.
- In a felony case the state may amend the motion to revoke at any time before the seventh day before the hearing, and after that only for good cause.
If community supervision is revoked. The judge may dispose of the case as if there had been no community supervision, or reduce the term of confinement to any term not less than the minimum for the offense. Time on community supervision does not count toward the sentence, except time in a substance abuse felony punishment facility or another court ordered residential program completed successfully. A defendant whose community supervision is revoked may appeal the revocation.
Intermediate sanction facilities, the board's own hearing rules, supervision in another state, and deferred adjudication, which has its own page, are not on this page. Whether a deadline was met in a particular case is a question for a licensed Texas attorney.
Sources for this section (9)
- Gov't Code 508.281 — Hearing
- Gov't Code 508.282 — Deadlines
- Gov't Code 508.221 — Conditions permitted generally
- Gov't Code 508.251 — Issuance of warrant or summons
- Gov't Code 508.2811 — Preliminary hearing
- Gov't Code 508.283 — Sanctions
- Crim. Proc. art. 42A.301 — Basic discretionary conditions
- Crim. Proc. art. 42A.751 — Violation of conditions of community supervision; detention and hearing
- Crim. Proc. art. 42A.755 — Revocation of community supervision
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.