Juvenile Probation:

The intake officer is the investigative agent in the juvenile probation system. It is the person who receives the referral and determines, with the Assistant District Attorney, what course of action will be taken on any charge. To make this determination the officer has to consider the nature of the referral, the juvenile's past history, school performance and their family situation. The most noted courses of action are:

1. Attend the First Offender Program

A 2 hour program during which the juvenile takes a tour of detention and the juvenile and family learn how the system works and what various crime are.

2. Supervisory Caution

This is an office appointment with the juvenile, the parent or guardian and the probation officer. The probation officer will provide similar information to that in the first offender program, as well as discussing the specific issues related to the juvenile's individual case.

3. Deferred Prosecution

This is a six month probation with rules for the juvenile to follow. This requires an office interview during which the probation officer asks numerous questions about the juvenile's family, school and criminal history. From this interview a report is generated which is submitted to the Juvenile Board for approval of the agreement. Once the board has approved the deferred prosecution, the six month supervision begins. Failure to comply with the rules of this agreement will result in the juvenile going to Juvenile Court for the original charge.

4. Formal Court Action

If the charge is serious enough, or the juvenile is in need of supervision beyond what their parents can provide, the intake officer will take the juvenile to court. This requires the same interview and reports to be prepared as in the Deferred Prosecution. However, this action requires that the juvenile appear before a Juvenile Court Judge. Any time a juvenile appears in court they must be represented by an attorney. All fees for the attorney are the responsibility of the parents. However, it should be noted that if the family cannot afford an attorney, the judge may appoint one for the juvenile. If the juvenile is adjudicated, or found to be guilty of the charge, then one of the following dispositions may be made:

Probation

This is a period of following court ordered rules such as a curfew, drug testing, going to school and not associating with gang members and other people on probation. A probation officer is assigned to supervise the juvenile to be sure they follow the rules. Failure to follow the rules of probation could mean spending extended time in detention, modifying the condition to a stricter level of supervision, placement outside the home, or being sent to the Texas Youth Commission.

Intensive Supervision Probation

This is handled the same way as regular probation. The difference is that the rules for supervision are more strict. The probation officer has more contact with the juvenile and the curfew is 6p.m. every night.

Placement

Placement outside the home is obtained when the juvenile does not respond to supervision in the home or displays behaviors that need to be addressed in a therapeutic environment.

Texas Youth Commission

If the charge is serious enough, or the juvenile's history indicates it, the juvenile can be sent to the Texas Youth Commission. It is best known as State School for juveniles. Once a juvenile is sent to TYC, it is TYC officials and the juvenile's behavior that will determine how long the juvenile will stay.

Determinate Sentencing

If a juvenile as young as 10 years of age is found to have engaged in habitual felony conduct or if the juvenile commits murder, capital murder, aggravated kidnapping, sexual assault, aggravated sexual assault, aggravated robbery, aggravated assault, injury to a child, elderly or disabled individual, deadly conduct, criminal solicitation, indecency with a child, criminal solicitation of a minor and criminal attempt, the juvenile may be sentenced to commitment in the Texas Youth Commission with a possible transfer to the Texas Department of Criminal Justice for a maximum term of 40 years.

Certification

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