“This title shall be construed to effectuate the following public purposes: to provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions and to protect the welfare of the community and to control the commission of unlawful acts by children.”

65 th District Court Judge Yahara Lisa Gutierrez Juvenile Court #1 Referee Richard Ainsa Juvenile Court #2 Referee Maria Teresa Leyva-Ligon

Ralph Girvin Juvenile Unit Chief JPD Prosecutors: Amy Monsivais Linda Perez Jose Castillo Courthouse Prosecutors/ Criminal Unit: Mark Burtner Michael Gomez Patsy Lopez

Trial Voir Dire Delinq./Not Delinq. Disposition (Voir Dire) (Guilty/Not Guilty) ( Punishment )

 Adult (17 yrs +) 1. Defendant 2. State = D.A. 3. Bond Hearing 4. Indictment 5. Guilty/Not Guilty 6. Conviction 7. Punishment 8. Revocation 9. Beyond Reasonable Doubt  Adult (17 yrs +) 1. Defendant 2. State = D.A. 3. Bond Hearing 4. Indictment 5. Guilty/Not Guilty 6. Conviction 7. Punishment 8. Revocation 9. Beyond Reasonable Doubt  Juvenile (10yrs-16yrs) 1. Juvenile 2. State = C.A. 3. Detention Hearing 4. Petition 5. Delinquent/Not Del. 6. Adjudication 7. Disposition 8. Modification 9. Beyond Reasonable Doubt  Juvenile (10yrs-16yrs) 1. Juvenile 2. State = C.A. 3. Detention Hearing 4. Petition 5. Delinquent/Not Del. 6. Adjudication 7. Disposition 8. Modification 9. Beyond Reasonable Doubt

Detention Hearing

 Judge must release the juvenile, unless…  Prior adjudication  Danger to self  Danger to community  Likely to abscond/be removed from the jurisdiction  No suitable supervision  NOTE: Cannot pay to be released!  Judge must release the juvenile, unless…  Prior adjudication  Danger to self  Danger to community  Likely to abscond/be removed from the jurisdiction  No suitable supervision  NOTE: Cannot pay to be released!

Law Enforcement Agency Juvenile Probation Department El Paso County Attorney’s Office Decline/DPP Case Petition as Indeterminate Determinate Request Certification as a Adult Deferred Prosecution Program (DPP)(some misdemeanor cases)

By Petition Up to TYC until the age of 19 Determinate Sentence 3 rd Degree Felony: up to 10 years 2 nd Degree Felony: up to 20 years 1 st Degree Felony: up to 40 years Certification Same punishment as an adult

Negotiation ! Charge only (like federal court) Punishment determine d later Three choices for juvenile Stipulate (Adjudica tion) Set case for motion hearing Set case for jury/non- jury trial

Either by judge or jury Jury Trials Juvenile may elect either; State does not need to agree Just like an adult trial Beyond a reasonable doubt Criminal rules of evidence Number of jurors Except… No “guilty or not guilty” & number of misdemeanor peremptory strikes Adjudicated “committed a delinquent act” or “did not commit a delinquent act”

Punishment: Disposition Hearing

Home study Pre Disposition Report (PDR) Adversarial

Judge can only sentence a juvenile if… “the child is in need of rehabilitation” OR “the protection of the public OR the child requires that a disposition be made.”

 Judge can only remove a juvenile from his home if…  “The child, in the child’s home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation.”  Judge can only remove a juvenile from his home if…  “The child, in the child’s home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation.”

Indeterminate Misdemeanor Felony Determinate Family Code Certification/Transfer to Criminal Court Family Code 54.02

IN-HOMEOUT-OF-HOME Curfew (usually 5pm)Treatment facility No curfewIndependent Living Skills Electronic MonitorRTC Drug Court/Special NeedsChallenge Intensive Supervised Probation/Serious Habitual Offender Comprehensive Action Program (SHOCAP) Texas Juvenile Justice Division (TJJD)

 § 54.05, Hearing to Modify Disposition  Can modify if child is still under 18 and violated  Can remove child from his home if… ▪ It is in the child’s best interest, and ▪ Reasonable efforts were made to prevent/eliminate the need to remove the child, and ▪ The child, in the child’s home, cannot be provided the quality of care and level of support/supervision that child needs to meet the conditions of probation  § 54.05, Hearing to Modify Disposition  Can modify if child is still under 18 and violated  Can remove child from his home if… ▪ It is in the child’s best interest, and ▪ Reasonable efforts were made to prevent/eliminate the need to remove the child, and ▪ The child, in the child’s home, cannot be provided the quality of care and level of support/supervision that child needs to meet the conditions of probation

 Completion of Sex Offender Treatment (SOT)  Request the Court Defer Registration until SOT is completed by juvenile (CCP Sec )  Upon Successful Completion juvenile is exempt from registration unless the prosecutor requests a hearing & the Court finds interest of the public requires registration. (CCP Sec )

 New Jersey v. T.L.O., 469 U.S. 325 (1985)  Juveniles have a lesser expectation of privacy at school  NOTE: This only applies to school officials (not officers) who conduct searches!  SRO’s are considered to be police officers

Facts Juvenile is less culpable than an adult because… Lack maturity More likely to succumb to outsides pressure(s) Character not fully formed Holding NO execution for those under 18 years of age because of the 8 th Amendment

From the Juvenile System To Success