Does anyone know if probationers are given credit for the time that the serve in "modified SAFPF" or other therapeutic communities to which they may be sentenced as a term and condition of felony probation in STATE JAIL cases? I know that normal SAFPF time does not count toward an ultimate sentence upon probation revocation, but I understand that the system at the State Jail is different. From what I understand, probationers are booked into the State Jail facility, then transferred to the treatment unit, but can be moved out if they, for example, violate the rules, thus making it seem more like up-front State Jail time as a term and condition.My guess is that it really doesn't matter, but I get asked a lot

On page 42 of The Perfect Plea (you should have recently received a free copy from TDCAA), there is a chart showing areas of prohibited credit. A defendant gets NO CREDIT for time served in a SAFPF as a condition of supervision, regardless whether the SAFPF is in prison or a state jail. The only way a defendant gets credit spending time in a state jail is if the condition orders the defendant to serve time in a state jail as upfront time.

Check Art. 42.12 Sec 18 - These are community correction facilities and the statute does not allow credit. We had a gap in judges and we had to explain that to two different visiting judges in three weeks.