Acting under sec. 22 of art. 42.12, does a court have authority to order the Defendant to submit to a term of confinement in a state jail facility? This would seem "appropriate" to me, but sec. 15(d) seems to say such a condition must be imposed "at the beginning of the period of community supervision"- something which is no longer possible considering the Defendant began his term of supervision several months ago. Anyone had a state jail refuse to "honor" such an order?

In 1997, the Legislature amended the law to provide for a judge to modify the conditions of a SJF probation by imposing a condition of confinement in state jail for not less than 90 or more than 180 days. Tex. Code Crim. Pro. art. 42.12 sec. 15(e); Acts 1997, 75th Leg., ch. 488, sec. 1-2, 6-7. Before then, the SJ time had to be imposed at the front end.

Martin, you should spring for a copy of Texas Sentencing. Available at lexis.com.

Thanks, John. We have a copy of your book. The statute itself is clear enough. You just have to keep reading, and know to look in 15(e) rather than 22. I seem to have the same problem with 42.12 as with the IRC- what I want to know is well hidden and it is always changing.