A Comprehensive Guide to the Punishment Range for Juveniles in Texas
If your child is facing a juvenile charge, it is essential to understand the punishment range for juveniles in Texas. The Texas Family Code provides a range of disposition options that focus on rehabilitation rather than pure punishment. This comprehensive guide prepared by our Fort Worth Juvenile Lawyer offers a detailed overview of the various punishment ranges and disposition options available in the Texas juvenile justice system.
Overview of the Juvenile Justice System in Texas
In Texas, the juvenile justice system handles cases involving youth between the ages of 10 and 16 who are accused of committing delinquent acts. The system’s primary goal is rehabilitation, aiming to redirect young offenders away from criminal behavior and towards becoming productive members of society.
Types of Juvenile Offenses
Before discussing punishment ranges, it’s important to understand the types of offenses that can bring a juvenile into the system:
- Delinquent Conduct: Acts that would be considered crimes if committed by an adult.
- Conduct Indicating a Need for Supervision (CINS): Less serious offenses, including truancy, running away, and certain misdemeanors.
Punishment Ranges in Juvenile Court
Punishment ranges in juvenile court differ significantly from those in adult court. With the exception of determinate sentences, there is no set minimum or maximum sentence in the juvenile system. This flexibility allows the court to tailor dispositions to the individual needs of each juvenile offender.
For example:
- An adult convicted of Aggravated Robbery might face 5-99 years in prison or life.
- A juvenile offender for the same offense could face:
- Commitment to the Texas Juvenile Justice Department (TJJD) until their 19th birthday
- Probation until their 18th birthday
Disposition Options for Juveniles
When allegations against a juvenile are found to be true, the court has numerous disposition options available. These dispositions can be categorized as determinate and indeterminate sentences. Other terms you may hear in regards to dispositions in regards to juveniles include:
1. Texas Juvenile Justice Department (TJJD)
Formerly known as the Texas Youth Commission (TYC), the TJJD is the state agency responsible for the care, custody, treatment, and rehabilitation of the most serious juvenile offenders. Commitment to TJJD is typically reserved for more severe cases or repeat offenders.
2. Texas Juvenile Probation Commission (TJPC)
The TJPC oversees juvenile probation services in Texas. Through county Juvenile Probation Departments, juveniles can be supervised in several ways:
a. Deferred Prosecution
- A voluntary alternative to adjudication
- Typically involves an agreement between the child, parent, prosecuting attorney, and juvenile probation department
- Reserved for less serious offenses and non-habitual offenders
- Duration: 6-12 months
b. Regular Probation
- Allows juveniles to remain living with their families while completing probation terms
- Can last until the juvenile’s 18th birthday
- May include conditions such as school attendance, curfews, counseling, restitution to victims, community service, and more.
c. Long Term Detention (Post Adjudication Detention/PAD)
- For juveniles unable to succeed on probation at home
- Involves completion of a long-term program in county detention or another court-approved facility
3. Drug Court
Juvenile Drug Courts offer eligible youth an opportunity to receive substance abuse treatment as an alternative to formal probation. These programs aim to help at-risk youth and their families lead drug-free, law-abiding, and productive lives.
4. Determinate Sentences
For more serious felonies, prosecutors may seek a determinate sentence. This option allows for punishment ranges up to 40 years and potential transfer to adult court or prison after the juvenile becomes an adult. A determinate sentence is a permanent blemish on a person’s record.
5. Certification as an Adult
In cases involving serious offenses, prosecutors may seek to have the juvenile certified as an adult. This means the case is transferred to adult criminal court before adjudication.
Post-18 Filings
The court may also waive its jurisdiction and transfer a juvenile court case to adult court in cases involving “post-18” filings. This applies when the accused committed a felony as a juvenile but was not adjudicated before turning 18.
Probation and Transfer to Adult System After 18
Probation
If a juvenile is placed on determinate sentence probation, the State must request a hearing to transfer the probation from juvenile probation to adult probation before the juvenile’s 19th birthday.
Transfer to Adult System
For juveniles committed to TJJD on a determinate sentence, TJJD may request a transfer hearing to move the juvenile to an adult prison before their 19th birthday.
Navigating the juvenile justice system can be complex and overwhelming. If your child is facing charges in the juvenile system, it’s crucial to seek experienced legal representation. At Varghese Summersett, our Board Certified Juvenile Specialist has extensive experience in handling juvenile cases. We are committed to protecting your child’s rights and future.
Talk to Our Juvenile Specialist
The juvenile justice system in Texas aims to balance accountability with rehabilitation, offering a range of disposition options from probation to determinate sentences. The specific punishment a juvenile faces depends on factors such as the severity of the offense, the juvenile’s age and history, and the discretion of the court.
If your child is facing charges in the juvenile system, contact the Board Certified Juvenile Specialist at Varghese Summersett today. We will guide you through this challenging time and fight for your child’s rights and future.
