Are Juveniles Treated Differently
From the State Bar of Texas' online "Citizen's Guide" to the Texas Criminal Justice Process.
Are Juveniles Treated Differently?
There are significant differences in the procedures used to process juvenile and adult offenders. Despite the procedural differences and the considerable discretion asso-ciated with juvenile proceedings, juveniles have many of the rights and protections provided defendants in adult criminal proceedings.Each county's juvenile board (county judge, district judges, and judges of any statutory courts designated as a juvenile court) is required to designate one or more district, criminal district, domestic relations, juvenile, county courts or county courts at law as the juvenile court. The juvenile court has exclusive original jurisdiction over proceedings under the Juvenile Justice Code involving children between the ages of 10 and under 17, and children who are between 17 and under 18, but who committed offenses before becoming 17. Venue is in the county in which the child resides or the county in which the alleged delinquent conduct or conduct indicating a need for supervision occurred.
A law enforcement officer who takes a child into custody may dispose of the case without referral to juvenile court, if: (1) guidelines for such disposition have been issued by the officer’s law enforcement agency; (2) the guidelines have been approved by the juvenile board of the county in which the disposition is made; (3) the disposition is authorized by the guidelines; and (4) the officer makes a written report of this disposition to the law enforcement agency, identifying the child and specifying the grounds for believing that the taking into custody was authorized.
If the case or child is referred to juvenile court, a person authorized by the court (usually someone from the juvenile probation department) is required to conduct a preliminary investigation to determine whether the person referred to juvenile court is a child under the Juvenile Justice Code and there is probable cause to believe the person engaged in delinquent conduct or conduct indicating a need for supervision. If it is determined that the person is not a child or there is no probable cause, the person shall immediately be released.
Each county is required to provide a suitable place of detention for children, separated by sight and sound from any adults detained in the same building. When a child is taken into custody, if the child is not released a detention hearing without a jury shall be held within two working days after the child is taken into custody; the next working day if the child is detained on a Friday or Saturday. The juvenile court must release the child from detention unless it finds that:
1. the child is likely to abscond or be removed from the jurisdiction of the court;
2. suitable supervision, care, or protection for the child is not being provided by a parent, guardian, custodian, or other person;
3. the child has no parent, guardian, custodian, or other person able to return him/her to the court when required;
4. the child may be dangerous to himself/herself or he/she may threaten the safety of the public if released; or
5. the child has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released.The court must make a finding whether there is probable cause to believe that a child taken into custody without an arrest warrant or a directive to apprehend has engaged in delinquent conduct or conduct indicating a need for supervision. The finding must be made within 48 hours of the time the child was taken into custody.
If a preliminary investigation results in a determination that further proceedings in the case are authorized, the designated officer of the court may, subject to the direction of the juvenile court, advise the parties for a reasonable period of time not to exceed six months concerning deferred prosecution and rehabilitation of the child if: (1) deferred prosecution would be in the interest of the public and the child; (2) the child and his parent, guardian, or custodian consent with knowledge that consent is not obligatory; and (3) the child and his parent, guardian, or custodian are informed that they may terminate the deferred prosecution at any point and petition the court for a court hearing in the case.
A juvenile court may, on petition filed by the prosecuting attorney, waive its exclusive original jurisdiction and transfer a child to the appropriate district court or criminal district court for criminal proceedings if:
1. the child is alleged to have committed a felony;
2. the child was:
1. 14 years of age or older at the time he/she is alleged to have committed the offense, if the offense is a capital felony, an aggravated controlled substance felony, or a felony of the first degree, and no adjudication hearing has been conducted concerning that offense; or
2. 15 years of age or older at the time he/she is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony, and no adjudication hearing has been conducted concerning that offense; and
3. after a full investigation and a hearing, the juvenile court determines that there is probable cause to believe that the child committed the offense alleged and that because of the seriousness of the offense alleged or the background of the child the welfare of the community requires criminal proceedings.If the juvenile court waives jurisdiction and transfers the child for criminal proceedings, he/she shall be dealt with as an adult and in accordance with the Code of Criminal Procedure. However, no person may be punished by death for an offense committed while younger than 17 years.
If the juvenile court does not transfer the child for adult criminal proceedings, the juvenile court may, on peti-tion of the prosecuting attorney, conduct an adjudication hearing. Trial shall be by jury unless waived by the child and his/her attorney. If the judge or jury does not find beyond a reasonable doubt that the child engaged in delinquent con-duct or conduct indicating a need for supervision, the court shall dismiss the case. If the finding is that the child did engage in delinquent conduct or conduct indicating a need for supervision, the court shall conduct a disposition hearing.
At the disposition hearing, if the judge or jury does not find that the child is in need of rehabilitation or the protection of the public or the child requires that disposition be made, the court shall dismiss the child and enter a final judgment without any disposition. If the judge or jury finds that the child is in need of rehabilitation or the protection of the public or the child requires that disposition be made:
1. the judge or jury may place the child on community supervision for any period, except that the probation may not extend to or after the child's 18th birthday;
2. if the judge or jury finds at the adjudication hearing that the child engaged in delinquent conduct and if the petition was not approved by the grand jury under section 53.045, Family Code, the court may commit the child to the Texas Youth Commission (TYC) without a determinate sentence;
3. if the judge or jury found at the conclusion of the adjudication hearing that the child engaged in delinquent conduct that included a violent offense listed under section 53.045(a), Family Code, and if the petition was approved by the grand jury under section 53.045, Family Code, the judge or jury may sentence the child to commitment in the Texas Youth Commission with a possible transfer to adult prison for a term of confinement of not more than:
1. 40 years for a capital felony, first degree felony or an aggravated controlled substance felony;
2. 20 years for a second degree felony; or
3. 10 years for a third degree felony;
4. the judge may assign the child appropriate sanctions under section 59.003, Family Code; or
5. if applicable, the judge or jury may make a disposition for habitual felony conduct under section 54.04(m) of the Family Code.A court may issue an order against a child to protect a victim of the child’s conduct who, because of the victim’s participation in the juvenile justice process, risks further harm by the child. In the order, the court may prohibit the child from doing specified acts or require the child to do specified acts necessary or appropriate to prevent or reduce the likelihood of further harm to the victim by the child.
An appeal from an order of a juvenile court is to a court of appeals, and the case may be carried to the Texas Supreme Court (unlike adult criminal appeals which may be carried to the Court of Criminal Appeals).
