EARLY RELEASE

Eligibility for Early Release from Probation

If you are on court-ordered probation, have completed all terms and conditions of your probation, and have not had any violations, you may be eligible for early release from probation. The obvious purpose of early release from probation is to provide an incentive for people on probation to comply with the terms and conditions of probation.  Once community supervision has served its full utility for both the defendant and society it is in the best interest of both the defendant and society for the defendant to be discharged.

Deferred Probation

The Texas Code of Criminal Procedure contemplates situations where a person can be discharged before the expiration of his period of community supervision. For persons placed on community supervision where an adjudication of guilt has been deferred, there is no designated time period, a person must serve before being discharged early. Specifically, Article 42A.111 of the Code of Criminal Procedure, the section which specifically addresses deferred adjudication community supervision, provides that

[t]he judge may dismiss the proceedings and discharge a defendant, other than a defendant charged with an offense requiring the defendant to register as a sex offender under Chapter 62, prior to the expiration of the term of community supervision if in the judge’s opinion the best interest of society and the defendant will be served.

Straight/Regular Probation

If you are on regular or straight probation where an adjudication of guilt has not been deferred, then Article 42A.701 requires you to wait until you have completed 1/3 of probation or 2 years of probation, whichever is less, before the judge may reduce or terminate the period of probation. However, once half of your original probation or 2 years of probation, whichever is more, is complete, the judge shall review your record and consider whether to reduce or terminate the period of probation subject to certain considerations.