2. Juvenile Sentencing Options in Texas
Juvenile Indeterminate Sentencing
sentenced by juvenile judge
available for all offenses
can stay in TYC up until age 19 and then must be released
Determinate (Blended) Sentencing
available only for the most serious and violent offenses
sentences up to 40 years
start sentence in TYC, then possible transfer to adult prison at age 19 if not rehabilitated
Adult Certification
transferred by juvenile judge to adult criminal court
available for any felony offense, including state jail felonies and non-violent crimes
sentences up to 99 years
start sentence in adult prison as early as age 14

3. Adult Certifications in Texas vs
Adult Certifications in Texas vs. Determinate Sentences with TYC Placement FY 2005 – 10
Currently, there are about 229 juveniles between the ages of 14 – 17 who were certified as adults last year. A figure that has had some variation, especially in 2008 following the problems in TYC, but is generally fairly stable.
The chart shows that juvenile judges have been certifying more juveniles than they place in TYC on DS. Lately, it is almost 100 % more.
Source: Texas Juvenile Probation Commission Data, 2010

4. Comparing Certified Juveniles and Determinate Sentence Juveniles
Demographic Factors
Similar in age (mostly 16 year-olds in each population)
Similar in gender breakdown (overwhelmingly male)
Similar in ethnicity (disproportionately African-American in both populations (40%))
Main difference is county of conviction

5. Number of Certifications and Determinate Sentences with TYC Placement by County, FY 2006 - 09
Chart looks at the 10 counties responsible for the most certifications in the state
Harris County has certified more than twice as many cases over a 4-year period than any other county, and more than the next 6 counties combined
Note that Travis County (the 5th largest county) and El Paso (the 7th largest county) do not appear in the chart, telling us that the decision to transfer kids to adult court is a policy decision at the county or judicial level and not inevitable based on the size of the county.
Also note the extremely large discrepancy between use of DS and certification in 6 counties (Harris, Jefferson, Hidalgo, Nueces, Lubbock, and Potter), suggesting possible disproportionate efforts to try juveniles as adults in these counties.
Source: Texas Juvenile Probation Commission Data, 2010

6. DETERMINATE SENTENCES WITH TYC PLACEMENT Offense
Comparing Certified Juvenile and Determinate Sentence Populations by Top 5 Offenses, FY
CERTIFICATIONS
DETERMINATE SENTENCES WITH TYC PLACEMENT
Offense
% of Total Certifications
% of Total Determinate Sentences
Aggravated Robbery
35.2%
40.7%
Sexual Assault
19.0%
16.5%
Homicide*
17.0%
Aggravated Assault
10.3%
Violation of Probation for Sexual Assault
6.3%
Burglary
5.6%
4.8%
Other
13.0%
15.2%
TOTAL
100%
Next, we compared the two groups
Source: Texas Juvenile Probation Commission Data, 2010
* “Homicide” includes Capital Murder, Murder, Felony Murder, Manslaughter, Involuntary Manslaughter, and Criminally Negligent Homicide.

7. Comparing Criminal Offenses
Agg. Robbery cases dominate both populations, and together with sexual assault, accounts for more than 55% of cases in each category
Homicide only accounts for 17% of certification cases (contrary to popular perception)
Determinate Sentence cases include almost exclusively violent crimes, including homicide
Non-violent offenses, including state jail felonies, account for 10-15% of certification cases
Certified juveniles and Determinate Sentence juveniles are relatively comparable when it comes to criminal offenses. Certified youth are not demonstrably more violent than youth retained in juvenile court.

8. Determinate Sentence Juveniles FY 2005-09
Prior Referrals
Determinate Sentence Juveniles FY
Prior Referrals for Certified Juveniles FY
Source: Texas Juvenile Probation Commission Data, 2010

9. Comparing Criminal History
Certified youth and Determinate Sentence youth have similar numbers of prior referrals to juvenile court
Referrals can be for any offense, including truancy and curfew violations
Roughly a quarter of each population have never been in trouble before
Almost 45% have had either no prior referrals or only one
Dispels myth that certified youth are chronic, repeat offenders

10. Prior Violent Referral for Certified Juveniles, FY 2005 -09
for Determinate Sentence Juveniles FY
Prior Violent Referral for Certified Juveniles, FY
No Prior Violent Referral
65%
Source: Texas Juvenile Probation Commission Data, 2010

11. Prior Violent Criminal History?
Overwhelming majority of both Certified juveniles and Determinate Sentence juveniles do NOT have a prior history of violence
Only 28% of the certified juveniles and 35% of the DS juveniles had a prior referral for a violent offense
“Violent” includes felony-level offenses such as homicide, attempted homicide, sexual assault, aggravated assault, aggravated robbery, robbery, aggravated kidnapping, kidnapping, weapons offenses, arson with injury or death, and terroristic threat.

12. Prior TYC Commitment for Certified Juveniles FY 2005 – 09
Source: Texas Juvenile Probation Commission Data, 2010

13. Beyond the Help of the Juvenile Justice System?
9 out of 10 certified juveniles have not exhausted the most serious options offered by the juvenile system
Certified youth miss out on successful rehabilitative programs in TYC, such as the Capital and Serious Violent Offenders Program (95% success rate)
Majority have relatively minor and non-violent criminal histories, and many are first-time offenders

14. Length of sentences for Determinate Sentence youth in TYC
FY 2010
Length of sentences for current youth age 19 and under at TDCJ who were received prior to age 17 FY 2010
Sentence length #
Youthful Offenders
% Youthful Offenders
Less than 4 years 6
6.4%
4-10 yrs 49
52.1%
11-30 yrs 25
26.6%
31-40 yrs 5
5.3%
41 - Life 9
9.6%
TOTAL 94
100%
Sentence length
# Juveniles
% Juveniles
Less than 4 years
115
15.4%
4-10 yrs
461
61.8%
11-30 yrs
156
20.9%
31-40 yrs 14
1.9%
TOTAL
746
100%
Source: Texas Youth Commission Data, 2010
Source: Texas Department of Criminal Justice Data, 2010

15. Most Certified juveniles will get out of prison while still young
58% of certified juveniles in prison received sentences of less than 10 years
Only 9 juveniles in recent years received sentences longer than the 40 years available under determinate sentencing
Similar sentence lengths for certified juveniles and determinate sentence juveniles
But certified juveniles do not have access to the rehabilitative programs they need for re-entry

16. Juveniles in Adult Jails and Prisons
In Texas, Certified juveniles ages are required to be confined in:
Adult county jails, while awaiting trial, usually in isolation for a year or more
Adult prisons, after conviction
In adult prisons and jails, juveniles face vastly higher risks of:
suicide
sexual assault
physical assault
mental illness
Limited access to effective therapeutic interventions, education, specialized staff, and age-appropriate services

17. Public Safety Concerns
Center for Disease Control: “transferring juveniles to the adult system is counter-productive as a strategy for preventing or reducing violence”
one study found that transferred juveniles who served at least a year in adult prison had a 100% greater risk of violent recidivism

19. TDCJ Youthful Offender Program (YOP)
Designed to keep juveniles separate from adults
Provides some limited therapeutic programming
Minimal opportunities for females
Inadequate educational, vocational, and recreational opportunities for youth
Only 68% of the 14 – 17 year olds are in the YOP
32% of 14 – 17 year olds in TDCJ are in:
--state jails
--transfer facilities
--administrative segregation
--medical and mental health facilities
where they receive NO specialized programming and can be co-mingled with adult offenders

20. Compare to Programs at TYC
Determinate Sentence youth can participate in
Capital and Serious Violent Offenders Program (95% success rate)
Sex Offender Treatment Program (94% success rate)
Educational classes (96% participation rate, compared to 38% in YOP)
Special education
Basic treatment services for all youth
Other advantages of juvenile facilities
Specialized staff and age-appropriate services
No co-mingling with adult offenders
No long-term isolation

21. Conclusions
Data breaks down the common myths about which juveniles get transferred to the adult system
Not the “worst of the worst”—many are first-time offenders, are charged with non-violent offenses, and have no prior violent criminal history
Certified youth are almost identical to those retained in the juvenile system in terms of criminality
Vast majority of certified juveniles have never been through the toughest options in the juvenile system
Not a case of “nothing works”; rather “nothing has been tried”
Certified youth miss out on effective rehabilitative programs and school in juvenile system
Determinate sentencing option is flexible—holds youth accountable while protecting public safety with potentially long sentences
Adult jails and prisons are a poor fit for juveniles
Increases violent recidivism
Puts youth at extreme risk

22. Policy Recommendations
Limit certification to the most serious and violent offenses, so that it is truly for the “worst of the worst”
Confine certified juveniles in juvenile detention facilities instead of adult jails while they await trial
Confine certified juveniles in TYC instead of adult prison until age 19, then transfer to prison to complete sentence
Protect public safety by allowing a juvenile judge to order a 19-year old to complete rehabilitative programming in TYC prior to release
Seek ways to keep more youth in the juvenile system

23. Relevant Legislation HB 3351 (Turner) and HB 3698 (Gallego)
Limits certification to serious and violent offenses
HB 3350 (Turner)
Allows a juvenile judge to order a 19 y/o determinate sentence youth to complete rehabilitative programming in TYC prior to release
SB 1209 (Whitmire) and
CSHB 3303 (Marquez)
At county option, certified juveniles can be held in juvenile detention center rather than adult jail while awaiting trial
SB 1208 (Whitmire)
Extends term for determinate sentence probation to age 19 to keep lower-risk youth in juvenile system

24. For More Information: Michele Deitch, J.D., M.Sc.
Senior Lecturer, LBJ School of Public Affairs
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