Sentenced Offenders
Background
"Determinate
sentencing" for juvenile offenders was approved by the Texas legislature
in 1987 as an alternative approach to lowering the age at which a juvenile
may be certified to stand trial as an adult.
The original law provided
that juveniles adjudicated for certain serious, violent offenses may receive
a determinate sentence of as long as 30 years. The legislature cautiously
selected only those Penal Code offenses against persons that would constitute
capital or first degree felony offenses.
As the law originally
was written, the first portion of the sentence was to be served in a Texas Juvenile Justice Department (TJJD) facility. Prior to the youth's 18th birthday, a
hearing would be held before the committing court to determine what would
happen next for the youth.
There were three options. The first option was to be released on parole
and continue under TJJD's custody until age 21. The second option was for
the youth to be discharged from TJJD's jurisdiction. The third option was
transfer to the Institutional Division of the Texas Department of Criminal
Justice (TDCJ) for the balance of the sentence.
Subsequent Revisions
In 1995, the legislature
added 11 offenses or categories of offenses eligible for a determinate
sentence. Other amendments also specified that sentences could now range
from a maximum of 10 years (for third-degree felonies) to a maximum of
40 years (for capital and first-degree felonies). Court hearings were
eliminated for sentenced offenders unless TJJD asked for:
- Transfer of a youth
to prison (between age 16 and 21); or
- Release on parole
before completion of the minimum length of confinement (which is ten
years for a capital felony, three years for a first-degree felony, two
years for a second-degree felony, and one year for a third-degree felony).
In 2001, two other offenses were added to those eligible for a determinate sentence. The
list of offenses currently includes:
- Murder
- Attempted murder
- Capital murder
- Attempted capital murder
- Manslaughter
- Intoxication manslaughter
- Aggravated kidnapping
- Attempted aggravated kidnapping
- Aggravated sexual assault
- Sexual assault
- Attempted sexual
assault
- Aggravated assault
- Aggravated robbery
- Attempted aggravated
robbery
- Felony injury to
a child, elderly, or disabled person
- Felony deadly conduct
- Aggravated or first-degree
controlled substance felony
- Criminal solicitation
of a capital or first-degree felony
- Second-degree felony
indecency with a child
- Criminal solicitation
of a minor
- First degree felony
arson
- Habitual felony
conduct (three consecutive felony adjudications)
In 2007, the law was changed again and sentenced offenders must be discharged from TJJD supervision by their 19th birthday. If they have not completed their sentence prior to their 19th birthday or have not been transferred to TDCJ –ID by their 19th birthday, they are transferred to adult parole supervision to complete the remainder of their sentence.
Summary
The increase in the number of offenses for which youth can receive a determinate sentence
resulted in an increase in the number of sentenced offenders that are
committed to the Texas Juvenile Justice Department. Approximately seven percent of
all youth committed to TJJD have received a determinate sentence.
Their sentences are usually longer than those of youth with indeterminate sentences. These
sentenced offenders occupy approximately 20% of the agency's beds in high
restriction facilities.
To ensure that these cases receive the oversight and attention required, TJJD established the
Department of Sentenced Offender Disposition in July 1999. The Department
represents TJJD at transfer hearings, approves release proceedings, and
coordinates youth movement between TJJD and the TDCJ.