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I know that a sex-offender's probation cannot be terminated early during the original term of probation. However, if the sex-offender's original probation term (ex: 10 years) is modified to include an extension (ex: add 5 years for a total of 15 years), then can his extended term be terminated early (but after the original term has expired - ex: at 12 years)? The probation department has no problem letting this guy terminate early, but we want to make sure that we are not violating any laws. Any thoughts would be appreciated. Thanks.
 
Posts: 15 | Location: Texas | Registered: February 07, 2005Reply With QuoteReport This Post
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Absent a court ruling to the contrary, I would guess no. The provision permitting reduction of the term specifically excludes such cases from those in which the judge can release early. Arguably, if the leg intended for the court to have the authority to release sex offenders early, they would have said so. Since every other provision dealing with such cases prohibits early termination, I wouldn't do it.

The court can, presumably, release the defendant from most of the onus of probation, however, by simply modifying the terms. I.e., the judge can remove the conditions requiring reporting to an officer, paying monthly fees, remain in the county, etc. Unless he commits another crime, he'd essentially be "off" probation in all but name.
 
Posts: 622 | Location: San Marcos | Registered: November 13, 2003Reply With QuoteReport This Post
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