Texas Court Forms For Juveniles (Page 39 of 39) in pdf

ORDER OF COMMITMENT (CAPIAS PRO FINE): JNA (Art. 45.046, C.C.P.)

CAUSE NUMBER: _______________

STATE OF TEXAS

IN THE MUNICIPAL COURT

VS.

CITY OF __________________

___________________

__________COUNTY, TEXAS

TO THE SHERIFF OF _________________________ COUNTY, TEXAS – GREETINGS:

You are commanded to take into custody and commit to the jail of your County the Defendant, in the above styled case,

who,

the _______ , day

of ______________, 20____, was convicted before the Municipal Court in the City of

______________, ______________ County, Texas of the offense of ________________________________ and was assessed a

fine and court costs totaling $___________, of which $ __________ is unpaid.

At the time of default, Defendant, a child, was at least 10 years of age and younger than 17 years of age. As required by law, the

Court proceeded under Article 45.050, Code of Criminal Procedure, to compel the individual to discharge the judgment. According to

Court records, the Defendant is of this day 17 years of age or older. According to Court records, the amount of $__________ remains

unpaid. The individual named as the Defendant in the judgment of the above styled case is now an adult.

The Court has found the issuance of a capias pro fine justified. In making such a finding, the Court considered:

the sophistication and maturity of the individual;

the criminal record and history of the individual; and

the reasonable likelihood of bringing about the discharge of the judgment the use of procedures and services currently

available to the Court.

The undersigned finds that EITHER

(1) the arrestee is the same person as the Defendant in the cause described above;

(2) the Defendant has intentionally failed to make a good faith effort to pay said fine and costs; and

(3) the Defendant is not indigent and has failed to make a good faith effort to discharge said fine and costs.

(1) the arrestee is the same person as the Defendant in the cause described above;

(2) the Defendant has intentionally failed to make a good faith effort to pay said fine and costs; and

(3) the Defendant is indigent and:

(a) has failed to make a good faith effort to discharge the fine and costs under Article 45.049, Code of Criminal Procedure,

(community service);

(b) could have discharged the fine under Article 45.049, Code of Criminal Procedure (community service) without

experiencing any undue hardship.

Therefore, you are commanded to keep the Defendant in custody until the sum of $ __________ is fully paid or Defendant is

otherwise discharged by law. Unless otherwise specified in the judgment or sentence in said cause, pursuant to Article 45.048(b),

Code of Criminal Procedure, the Court specifies that the Defendant remain in jail a sufficient length of time to satisfy the fine and

costs at the following rate:

_____ hours (not less than 8 or more than 24) to earn

_____ (minimum dollar amount $50) to satisfy the fine and costs.

In the event Defendant is committed for defaulting in more than one judgment, jail credit is to be assessed:



Concurrently (at the same time, per judgment until jail credit exceeds or equals the sum total of fine and costs).



Consecutively (“stacked,” one sentence of confinement is to follow another until jail credit exceeds or equals the sum total of

fine and costs) with the following cause(s): List Cause Number(s), Court(s), date of judgment(s), offense(s), and fine and costs

total(s).

Ordered on this ________ day of ___________________, 20___.

(municipal court seal)

___________________________

Judge, Municipal Court

City of _____________________

_______________ County, Texas

JUVENILES 08/13

TMCEC 2013 FORMS BOOK

231

Texas Court Forms For Juveniles Page 39

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