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Category: Federal Criminal Law. See: United States v. Elkins, F. In the State of Texas community supervision is a privilege, not a right. See: Flores v. State, S. It is a punishment alternative that must either be agreed to between the state and defendant, ordered by a judge or recommended by a jury. In Texas, community supervision can be granted either by the trial judge or assessed by the jury. See: Tex. Code Crim. Flores, S. Similarly, in federal court a district judge may depart from the U.

Toohey, F. On an affirmative finding under this subdivision, the trial court shall enter the finding in the judgment of the court. On an affirmative finding that the deadly weapon was a firearm, the court shall enter that finding in its judgment.

At any time after the defendant has served 60 days in the custody of the institutional division, the sentencing judge, on his own motion or on motion of the defendant, may order the defendant released to community supervision. The institutional division shall release the defendant to community supervision after he has served days. The two revisions under Subsection I reflect the hard line stand taken by the Texas Legislature in against sex offenders.

Increased numbers of high profile cases involving teachers having sex with students, penal staff sexually abusing juvenile inmates, and sexual predators trolling the Internet for young victims created the legislative attitude that incarceration is the only penological way to deal with sex offenders in cases involving young victims. The Legislature also elected to restrict the authority of juries to recommend community supervision. A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict.