The Texas Legislature approved "determinate sentencing" for juvenile offenders in 1987 as an alternative approach to lowering the age at which a juvenile may be certified to stand trial as an adult. Tex. Legislative Appropriations Request (LAR) - a formal request for funding made by each state agency and institution. The child defendant faces suspension of a driver’s license, community supervision (probation) or even jail time. Senate Bill 103 (SB 103) - enacted by the Texas Legislature in 2007 to define and guide major reforms for improving TJJD. If the juvenile is “adjudicated” for delinquent conduct, there are several possible disposition options, or outcomes, as follows: A juvenile who is placed on probation (and not sent to TJJD) must be discharged from the probation by the time he or she turns 18. If the parent or other responsible adult can afford an attorney for the child, the court will order that person to hire an attorney. § 51.10. State law requires a minimum period of confinement in a residential placement. Method of Finance - a descriptor for the sources and amounts authorized for financing certain expenditures or appropriations made in the General Appropriations Act. In Texas: Despite the existence of juvenile courts, many youth are still tried as adults. The age of a youth who comes within the jurisdiction of the state’s juvenile courts is defined by state law. This information can only be accessed by authorized TJJD employees. A juvenile in Texas may waive his or her right to counsel if: Release Review Panel - group of TJJD staff who determine whether release to the community is appropriate based on a youth’s recent behavior, academic achievement, response to treatment and individual risk and protective factors. Code Ann. Conduct Indicating a Need for Supervision (CINS) Probation - defined by the Texas Family Code; covers certain non-criminal or status offenses and less serious law violations, including (1) three or more fineable misdemeanor offenses or ordinance violations, (2) truancy, (3) runaway, (4) the first or second DWI, and (5) violation of any city ordinance or state law prohibiting inhalant abuse. Fam. Code Ann. A rider provides direction, expansion, restriction, legislative intent, or an appropriation. This can happen any time after a youth turns 16, but before his or her 19th birthday. Fam. Felony injury to a child, elderly, or disabled person, Aggravated or first-degree controlled substance felony, Criminal solicitation of a capital or first-degree felony, Second-degree felony indecency with a child, Habitual felony conduct (three consecutive felony adjudications), High for: all capital offenses, all 1st degree felonies, and 2nd degree murder, manslaughter, or sexual assault, Moderate for: all other 2nd degree felonies, all 3rd degree felonies, and all state jail felonies, Low for: 2nd degree felonies, 3rd degree felonies, and state jail felonies. In that case, he or she enters a stipulation, or equivalent guilty plea. Everything that happens to a youth in TJJD custody is reflected in the system, beginning at intake and continuing until discharge after completion of parole, or transfer to Texas Department of Criminal Justice. There’s much less interest in rehabilitating and educating the convicted adult. Ages of Juvenile Court Jurisdiction. Adjudication Hearing - a fact-finding hearing that determines whether or not a youth engaged in delinquent conduct or in conduct indicating a need for supervision. Fam. Code Ann. § 51.09. An experienced juvenile defense lawyer does everything possible to ensure that the child is tried in the Texas juvenile justice system—not when certified as an adult. Part 8, Chapter 174, Subchapter A, Rule § 174.2. Career and Technology Education (CATE) - previously called vocational classes, a CATE class teaches youth skills or trades and offers professional certifications. Code Ann. Sex Offender Treatment Program (SOTP) - specialized treatment for youth who have committed sex offenses and who are in need of intensive services. Code Ann. TJJD manages state-operated secure facilities and halfway houses to provide treatment services to those youth who have chronic delinquency problems and who have exhausted their options in the county. It will be necessary to return to court for adjudication. The board’s duties include designating juvenile judges, appointing the chief juvenile probation officer and setting the policy and budget for the juvenile probation department. Houston criminal defense attorney Matthew D. Sharp dedicates his practice to criminal defense. The term also applies to special provisions at the end of each article and general provisions in the General Appropriations Act. Most youth go to one of TJJD’s secure correctional institutions for most of their time in TJJD. The former is designed to rehabilitate the child to prevent him/her from becoming a criminal, while the latter is meant to punish those who commit criminal offenses. After the child completes the sentence, his or her records are harder to access. Alleged Mistreatment Investigation (AMI) - investigations conducted by the Office of the Inspector General when anyone (parents, youth, staff, volunteers) voices concern that there is reason to believe a youth is being abused, neglected, or exploited. Code Ann. This panel, which is made up of three members, determines whether a youth should be released based on behavior, academic achievement, and his or her response to treatment. Even after youth are discharged from TJJD, the agency’s educational liaisons can help them apply to college or trade school and for educational financial aid. Minimum Length of Stay (MLOS) - minimum period of time an indeterminate sentenced youth must stay in TJJD. Fam. As you can see, it’s typically beneficial for the young defendant to be tried as a child. The ultimate goal is to keep juveniles from entering the adult prison system. Tex. (4) A hearing prior to commitment to the Texas Juvenile Justice Department as a modified disposition; The child defendant faces a two-part hearing at trial. Examples of CINS violations include truancy or running away from home. Some exceptions include youth who have to register as sex offenders and youth who have committed serious offenses requiring them to complete their sentences in the adult system. Code Ann. Other provisions regarding the detention of juveniles can be found in Tex. Fam. In Texas: The youngest age at which a youth can be adjudicated delinquent is 10. If the youth does not complete his or her treatment program and qualify for release to parole supervision by the end of the assigned minimum length of stay, a TJJD Review Panel will examine the youth's progress in treatment to determine if the youth should remain in a residential setting for further rehabilitation. Code Ann. Courts send a smaller number of youth (10 to 18 percent) to TJJD with specific sentences, called determinate sentences because the court determined the time that must be served. Delinquent Conduct - defined by the Juvenile Justice Code as conduct, other than a traffic offense, which violates a penal law of the state of Texas and is punishable by imprisonment or by confinement in jail; or a violation of a reasonable and lawful order which was entered by a juvenile court.

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