Judge orders TAP evaluation in custody, denies revocation for Matthew Salazar; court sets April 3 return

Judge Stephanie Boyd of the 187th District Court denied the state's motion to revoke probation for Matthew Salazar and ordered an in-custody therapeutic assessment on March 3, with a return date set for April 3, the court record shows.

The court found violation allegations related to conditions 14(g), 39 and 42 to be true, but, citing a breakdown in communication between Salazar and probation, denied the state's request to revoke and instead ordered a TAP (treatment assessment program) evaluation in custody. "If there's a problem with communicating with probation, you need to let the court know," Judge Boyd told Salazar during the hearing.

The state pressed for incarceration, describing Salazar's ongoing probation failures and arguing those failures showed he had not complied with prior rehabilitative efforts. Defense counsel Robert Porter and the defendant said breakdowns in communication with probation and scheduling difficulties with the batterer intervention program (BIP) and other providers contributed to missed evaluations and appointments. Salazar acknowledged some missed requirements and said he had signed up for veteran-focused and other intervention programs.

Probation staff told the court the TAP evaluation in custody can be completed quickly and that the formal TAP report typically is available about a week after the in-custody evaluation. The court instructed probation to notify the clerk and counsel when the TAP evaluation is completed, to reschedule Salazar's first BIP class if necessary, and to arrange release once TAP is finished. The court also ordered counsel and probation to coordinate about class scheduling and to return the case to court on April 3 for the court to review the TAP findings.

Judge Boyd explicitly told probation to reschedule Salazar's BIP class (which the defense said was scheduled for this week) to April 3 if possible and asked probation to email the BIP provider about the custody evaluation and rescheduling. Salazar will be released after completing the in-custody TAP, and the court will review the TAP and any MIC evaluations at the April 3 hearing.

The court's order preserves the state's ability to seek revocation if TAP or later monitoring shows noncompliance; the judge said she would expect a motion to revoke if positive tests or other evidence indicate renewed substance use after release. The court set no additional special conditions beyond the TAP, a request for an updated MIC evaluation in custody, and the April 3 return date.