|
A child who breaks the law in Texas may enter a complex world of
procedures, places and people called the juvenile justice system. In
Texas the ages of juvenile justice jurisdiction are 10 through 16.
The handling of juveniles is strictly regulated by state law, but
juvenile probation is locally administered at the county level.
This year, more than 130,000 Texas children picked up by law
enforcement officers will enter the juvenile justice system. Liberty
County has a juvenile population of approximately 6,500 and Juvenile
Probation will receive approximately 300 juvenile referrals from
Liberty County Police agencies for the year.
For minor violations the police may simply warn the child and
parents. However, when further action is needed to protect the
public or the child, or to prevent future offenses, the case is
forwarded to the Liberty County Juvenile Probation Department.
All juveniles with alleged delinquent offenses, which are crimes
punishable by a jail sentence if committed by an adult, are
fingerprinted and entered into a statewide central criminal justice
information system. Their criminal history record may then be
accessed by law enforcement and juvenile justice agencies throughout
Texas.
Intake
Children are referred to Juvenile
Probation by law enforcement 24 hours a day, seven days a week. If
charges are to be filed the Juvenile Probation Officer must make the
decision about where the child will stay pending judicial
proceedings. Many are safely released to parents or guardians but
others must be held in secure detention.
Who are these children?
Children who break the
law come from all social, racial and economic groups. Nearly half
are between 14 and 15 years of age, and about three-fourths are
male. Many are charged with minor offenses or "status offenses" such
as truancy or running away from home. However, one-third or more are
serious offenders who may have committed crimes such as burglary,
assault or murder. Substance abuse, family violence and school
problems are common.
Detention
Detention centers are designed to
protect the community and the child, and to assure the child's
appearance in court. Detention must not be used for punitive
purposes and the law does not allow a status offender to be placed
in detention. A child must be taken before a judge within 48 hours
of being placed in detention. If a child is detained at the initial
hearing they must be represented by an attorney and have another
hearing within 10 working days.
Intake
When charges are filed against a
child, a probation officer initiates an investigation into the
background of the child and the child's family. The case is
discussed with the County Attorney and a decision is made to proceed
with a formal court hearing or to place the child on Deferred
Prosecution.
Deferred Prosecution
A child can be placed on
Deferred Prosecution for six months. They are required to follow the
same probation rules as a child placed on formal probation but they
avoid the adjudication process.
Court Procedures
In the Adjudication Hearing,
the child, family and the child's attorney appear before a judge or
jury that will decide if the child committed a violation of the law.
If the child is adjudicated for the offense, the Judge will order a
Disposition Hearing to determine the best method to protect the
public and to redirect the child toward a law-abiding future.
Dispositions are based on "progressive sanctions" guidelines,
mandated by the state and developed to provide appropriate
consequences and outcomes for juvenile offenders. The guidelines
provide a continuum of progressive steps designed to balance public
protection, offender accountability and rehabilitation.
What can the Judge decide?
The Juvenile Judge
has many options from dismissal to long-term confinement in a
correctional facility. For certain felony offenses, a youth 14 or
older can be certified to stand trial in the adult criminal court
system. For other serious offenders, the Determinate Sentencing Law
allows a juvenile to be confined up to 40 years, first in a Texas
Youth Commission facility, followed by an optional court transfer to
the prison system. For other less serious offenders who require
confinement, the judge may order an Indeterminate Sentence to the
Texas Youth Commission where the child may be held until his/her
21st birthday or placement in a private or a state residential
treatment facility. In most cases the child is placed on probation
to remain in their own home or placed with a relative. The
court-ordered rules of probation demand school attendance, good
conduct, drug testing, curfews and participation in specified
programs, including community service and financial restitution.
Probation Officers enforce these rules while they help the child and
family achieve positive change. Parents are expected to participate
in their child's probation program. As the source of social,
emotional and financial support, the family is essential to a
successful probation. The child who succeeds on probation, either at
home or in an institution, gets a fresh start. The Texas juvenile
justice system treats children with confidentiality and concern.
Juvenile case records are not made public. The Liberty County
Attorney, Juvenile Judge and Juvenile Probation Department work hard
to see that children leaving their care and custody are better
equipped to build productive, law-abiding futures. Because all
children have the potential for good, they deserve our best efforts
in their
behalf. | 
