Disposition Hearing Juvenile Law Cle Oct 17, 2014

Family Code (a) The disposition hearing shall be separate, distinct, and subsequent to the adjudication hearing. There is no right to a jury at the disposition hearing unless the child is in jeopardy of determinate sentence under Subsection(d)(3) or (m), in which case a child is entitled to a jury of 12 persons to determine sentence, but only if child elects in writing before commencement of voir dire.

Family Code The Juvenile Court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. Probation will prepare a Pre-Disposition Report for the Court. The report will be available to all parties and in the probation file 2 days before the court date.

Preparation for Disposition Read the file Talk to Respondent and their family Talk to the Probation Officer Talk to the State Gather any letters of recommendation or school letters Gather any mental health records or school records Talk to the Probation Officer Again!

Deferred Prosecution Family code section The Probation department may authorize deferred prosecution on some cases without referring the case to the District Attorney’s office, i.e., POM, Criminal Mischief, etc. The Probation department must refer all felony cases, any misdemeanor case involving violence to a person or the use or possession of a firearm, illegal knife, club, or any prohibited weapon.

Deferred Prosecution Cannot exceed a 6 month term unless the Court has authorized an extension longer than 6 months. If the Court authorizes an extension, it may be for an additional 6 months and may not exceed 12 months total. The Court may order deferred prosecution on any type of indeterminate case.

Deferred Prosecution If you are going to request deferred prosecution from the Court, it needs to be done before the disposition phase. A Respondent is not “entitled” to deferred prosecution just because it is their first appearance before the court. Use your common sense when requesting deferred from the Court.

Special Deferred Prosecution Programs Crossroads Program- Girls Mental Health Specialty Court run by Judge Parker for girls between the ages of Family Enrichment Court- Domestic Violence Court run by Judge Jarrett for both males and females. Crossover Model – supervised by Judge Jarrett and is a joint program with CPS for children in their custody FEDI Program/ ICS- Deferred Program run with CHCS Pre-Adjudication Drug Court- in all 3 courts and supervised by the Associate Judges

Probation At Home Can be for any term up to age 18 Can be ordered for any type of case/offense Can include any conditions or programs the Court feels are necessary to the rehabilitation of the Respondent. May also include more restrictive conditions such as GPS monitor and Intensive Supervision.

Probation with Placement Respondent is placed in the custody of the Chief Juvenile Probation Officer for the purposes of residential placement. Probation can be for any term up until age 18 Court may order the STEP program prior to final disposition. May be ordered in misdemeanor or felony cases.

Indeterminate TJJD Court may order indeterminate commitment to TJJD Only for felony offenses Commitment can be until age 19

Court Findings The Court will make the following findings if placing the Respondent outside the home in a placement facility or TJJD: – It is in the child’s best interest to be placed outside the child’s home; – Reasonable efforts were made to prevent or eliminate the need for the child’s removal from the home and to make it possible for the child to return to the child’s home; and – The child, in the child’s home, cannot be provided the quality of care and the level of support and supervision that the child needs to meet the conditions of probation.

Determinate Sentencing Some of the Eligible offenses: – Capital Murder – Murder – Manslaughter – Aggravated Kidnapping – Aggravated Sexual Assault – Sexual Assault – Aggravated Assault – Aggravated Robbery – Injury to a child, elderly or disabled person – Felony Deadly Conduct – 1 st degree felony or aggravated controlled substance offenses – Criminal Solicitation – Solicitation of a Minor – Intoxication Manslaughter Remainder of list under Family Code Sec

Determinate Sentencing 1 st degree offenses – up to a 40 year term of confinement 2 nd degree offenses – up to a 20 year term of confinement 3 rd degree offenses- up to a 10 year term of confinement Confinement would start at TJJD with a possible transfer to TDCJ for remainder of term

Determinate Sentencing Determinate Sentencing offenses are also eligible for probation in the home or probation with placement. Probation cannot exceed a term of 10 years. Probation would start with Juvenile Probation and would transfer to adult probation before the Respondent’s 19 th birthday.

Probation for Sex Offenses Probation given for Sex Offenses must be for a minimum of 2 years or until age 18, whichever is longer. Sec delineates specific requirements when a Respondent is placed on probation for sex offenses – Counseling with a Licensed Sex offender therapist – Polygraph examinations – DNA sample – Parenting classes

Post- Adjudication Specialty Courts 386 th Post-Adjudication Drug Court- 18 month long program to aid in recovery of drug and alcohol abuse Restore Court- Program designed specifically for males and females identified as victims of Domestic Minor Sex Trafficking and Sexual Exploitation Crossover- Program run in conjunction with CPS for Respondents who are under conservatorship

Motions to Modify Motions to Modify are filed when violations of probation occur. If violations are found true and probation is given again, probation may be extended for any length up to the age of 18 on Indeterminate probation. If violations are found true, then the Respondent may also be removed from the home to a placement facility or TJJD (if a felony case).

No Disposition No disposition may be made if the child is NOT in need of rehabilitation and there is no need to protect the public. The Court or the Jury can make a finding of No Disposition Available on any offense

Final Reminders Be Prepared – Make sure to read all reports – Talk to the Respondent and their family – Talk to the Probation officer about their file, report, and final recommendation – If you are asking for a an alternative disposition, have it fully thought out and ready to go if the Judge were to order it