I looked for this question on prior posts but couldn't find it.

Anyone know if a person is eligible for shock probation after a direct sentence to state jail?

I read sec. 15 of 42.12 as authorizing 1) state jail as a condition of C/S [sec. (d)] 2) state jail as a sanction after revocation hearing [sec. (e)] and 3) "shock" probation after revocation hearing [sec. (f)(1) & (2)].

Now it could be that sec. (f)(2), just standing alone, would authorize it, but it seems that the "topic" of this sec. is revocations.

Anyone come across this before?

From The Perfect Plea, p. 70:

"For a state jail felony committed after August 31, 1997, a defendant sentenced to state jail is eligible for shock supervision at any time after serving 75 days in a state jail and before completion of the sentence. [fn: CCP art. 42.12, Sec. 15(f)(2)]"

These and other answers can be yours with the purchase of John Bradley's wonderful book, The Perfect Plea; for more details, click here:

TDCAA Publications

I wrote that legal statement before the amendment (last session) to the state jail procedure that allows a jury to consider probation. If a jury rejects probation, can a judge nonetheless give shock? It is clear the judge can't override the jury's decision for a 1st, 2nd or 3rd degree felony.

Thanks for your help. I always get into trouble when I actually read the statutes!