Disposition Hearing
Juvenile Law Cle
Oct 17, 2014
Family Code 54.04
• (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 54.04
• 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
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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 53.03
• 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
12-16
• 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:
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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
1st degree felony or aggravated controlled substance offenses
Criminal Solicitation
Solicitation of a Minor
Intoxication Manslaughter
• Remainder of list under Family Code Sec. 53.045
Determinate Sentencing
• 1st degree offenses – up to a 40 year term of
confinement
• 2nd degree offenses – up to a 20 year term of
confinement
• 3rd 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 19th 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. 54.0405 delineates specific requirements
when a Respondent is placed on probation for
sex offenses
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Counseling with a Licensed Sex offender therapist
Polygraph examinations
DNA sample
Parenting classes
Post- Adjudication Specialty Courts
• 386th 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