1. Determinate Petitions
Hans Nielsen
Attorney at Law

2. It’s the Offense, Not the Age
Texas Family Code
Age is not a consideration
Enumerated offenses and Habitual Conduct

3. Habitual Juvenile Offenders
Underlying offense must be third degree or higher
Prior adjudications must be consecutive, third degree felonies or higher and may be prior probated adjudications - does not have to be TJJD adjudications
Sentencing range - underlying offense determines the range

4. Petition Filing Requirements
Petition must be filed before age 18
Indeterminate petition filed before 18 and amended by filing determinate relates back
Once juvenile turns 18 State must exercise due diligence
Personal service on original indeterminate petition is sufficient
Except if offense is changed or substantial change to the underlying petition

5. Jurisdiction - Age Issues
Indeterminate - court jurisdiction ends age 18
Determinate - ends at age 19
Probation or TJJD transfer

6. Grand Jury Approval Probable cause finding
Grants approval - not an indictment
Vote of 9 members is required
Waiving grand jury approval is allowed

7. Sentencing Ranges First degree felony - up to 40 year sentence
Second degree felony - up to 20 year sentence
Third degree felony - up to 10 year sentence
Habitual Juvenile Offender - based on the underlying offense
No minimum sentence - Capital Murder could be one day TDCJ sentence

8. Parole Eligibility Capital murder - 10 years
1st degree offenses - three years
Second degree offenses - two years
Third degree offenses - one year
Credit for time served in detention facility

9. TJJD Parole Issues
TJJD may not parole before minimum sentence has been served
District court judge may parole before minimum sentence if requested by TJJD
Indeterminate TJJD sentence parole determined by TJJD and no credit for time served

10. TJJD Transfer Hearings
Only TJJD may request a transfer hearing
Must be held before age 19 - no incomplete proceedings exception
If transferred juvenile serves remainder of sentence in adult prison and is subject to adult parole release requirements
If Judge does not transfer - juvenile is paroled at age 19 to adult parole

11. Factors the Court may consider before transfer from TJJD to TDC or TDC Parole
Juvenile’s experiences before and after confinement in TJJD
Facts of the underlying offense
Ability of the juvenile to contribute to society.
Protection of victims and society
Recommendation of TJJD
Best interests of the juvenile
Any other relevant factors

12. Determinate Probations
All offenses are probation eligible
Prior history does not make a juvenile ineligible
Sentence must be 10 years or less

13. Determinate probation ends at age 19 unless transferred by Juvenile District Court Judge
Judicial hearing before age 19 - incomplete proceeding statute may be used if state shows due diligence
Cannot appeal judges decision (New case 1st COA)
Adult district court judge then determines conditions of probation in adult system
Revocation by adult district judge - sentence may be less than the adult minimum but it may not be greater than the length of probation

14. Jury Trials
Juvenile has right to jury on guilt innocence and disposition (sentencing) - State has no right to jury trial
Must request jury disposition in writing before voir dire begins
Jury of 12 and 10 peremptory strikes
Trial must be heard by elected district court judge

15. Juveniles over 18
No over 18 determinate petitions - unless filed as indeterminate prior to age 18
Commit offense at age 13 and no determinate petition is filed and juvenile is now 18 state cannot prosecute.
Only exception is capital murder and murder - state may only seek certification and cannot file a determinate petition.

16. Unique Legal Issues
Sexual offenses - if consensual and within three years State cannot seek determinate
Cannot seal a determinate adjudication
Can seal if not true verdict or nonsuit
Determinate TJJD adjudication can only be used for enhancement paragraph in adult case - does not make one ineligible for probation or a convicted felon for certain adult offenses

17. That’s all Folks