I feel a little duh for asking this, but is a person on deferred probation for a State Jail Felony eligible for an early termination/discharge under 42.12 Sec. 20 or not? I know the exception in (b) says conviction, but with State Jails being the strange beast that they are anyway, does deferred mean they are still eligible for early termination?

We have someone asking for early termination and if they are eligible, we probably won't oppose, but I wanted to be sure before I set any precedents. Thanks in advance for the help.

Look at 42.12, Sec. 5(c) for deferreds, and 42.12, Sec. 15 for state jail provisions. 42.12, Sec. 20 is for regular probation only, based upon the language used in the various sections. I think State Jail deferreds can be set aside under 42.12, Sec. 5(c)

Let me take a stab at this. Sec. 20 early termination only applies to "convictions." None of these provisions applies to deferred adjudication cases, regardless of whether they are state jail felonies or some other felony level.

Sec. 5(c) appears to apply to all felony levels. Note: "The judge may dismiss the proceedings and discharge the defendant....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."

It thus appears to me that a judge may dismiss a state jail or other deferred case at any time.

Hope this helps and I hope if anybody thinks this is incorrect to please let us both know. Good luck. Judge Larry gist

Thanks for your help, I think it is correct that the State Jail is not the key, but that the deferred is the key. The thing that really threw me was when I looked in Baker's and it had a reference to HB 2145 (c), amending 20(b) effective 9/1/99, when the sex offender language was added;and it reads,
"The change in the law made by this section applies only to a defendant who receives deferred adjudication for an offense or is convicted of an offense on or after the effective date of this Act, regardless of whether the offense for which the defendant receives deferred adjudication or is convicted is committed before, on, or after the effective date of this Act. A defendant receiving deferred adjudication for or convicted of an offense before the effective date of this Act is covered by the law in effect when the defendant received deferred adjudication or was convicted, and the former law is continued in effect for that purpose."

Now, I imagine that this is trying to make reference to the sex offender people and that is why it talks about deferred etc., but it does not specify that and in the language in 20(b) when it talks about excluding Chapter 62 sex offenders, it uses the word, "convicted" also. If it weren't for that, I would be clear on this, but the legislature it seems, believe it or not muddied up the waters on this one. Anyway, the only cases I could find dealt with regular felonies and not State Jail, so I was not sure if this question had been answered. Thanks.