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| JUVENILE PROBATION | ||||
JUVENILE PROBATION DEPARTMENT
RON COOK, CHIEF PROBATION
OFFICER
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100 EAST WINKLER
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P.O. BOX 882
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THIRD FLOOR COURT HOUSE
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JUVENILE PROBATION OFFICE
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KERMIT, TX 79745
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KERMIT, TX 79745
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(432) 586-3088
FAX
(432) 586-3535
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A child who breaks the law 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 Juvenile Department will provide services through the use of the least restrictive environment for rehabilitation of the child and public safety
INFORMATION
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GETTING CAUGHT
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For minor violations, the police may
simply warn the child and parents. However, when
further action is needed to protect the public, or to prevent
further offenses, the case is forwarded to the Juvenile
Probation Department.
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INTAKE
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Intake is the process where juvenile probation officials review the facts of the case and determine the appropriate action to take based on the law. Juvenile probation officials have several options when handling a juvenile referral. A juvenile case may be resolved through a supervisory caution, deferred prosecution, or by formal juvenile court action. When a juvenile is taken into custody, the juvenile officials decide where the juvenile will stay pending juvenile court proceedings. If juveniles are not released to the custody of parents or guardians, they are detained in a secure juvenile detention center. All cases involving a felony or a misdemeanor offense involving violence to a person or use or possession of a weapon are immediately sent to the prosecutor's office. The prosecutor's office either handles the case, or refers it back to juvenile probation. |
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DETENTION
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If a juvenile is placed in a detention facility, the juvenile court must hold a hearing on the matter within two working days. If the juvenile is detained on a Friday or Saturday, the detention hearing must be held on the first working day after the detention. At this initial hearing, and subsequent hearings held every ten working days, the judge must determine if there are sufficient grounds or good causes for continued detention. Victims have the right to have their safety taken into consideration before a juvenile is released. However, detention hearings may take place before the victim has been contacted. You may call the crime victim assistance coordinator for the status of the case and information about victim's rights. |
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DEFERRED PROSECUTION
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Some of the youngest, least serious
(Class A and Class B Misdemeanor) offenders get a second
chance to prove that no further action is needed to prevent
future illegal activity. Those who succeed Deferred
Prosecution program avoid a formal court hearing and continued
involvement with authorities. During that time, the Juvenile
must meet certain terms or the case could be referred to the
prosecutor's office for subsequent court action. Making
restitution to the victim or performing community service may
be included in the juvenile's deferred prosecution program.
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Source: Texas Juvenile
Probation Statistical Report, 1998
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Adjudicated Probation:
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After
going to court for an adjudication hearing
on the facts, a judge may order this form of community-based
supervision for a specified period of time, based on such
reasonable and lawful terms as the court may determine. While
on adjudicated probation, the offender
may be required to participate in any program deemed
appropriate, such as an intensive supervision
program or residential placement.
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Adjudication Hearing:
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Hearing held after the announcement hearingwhere
it is determined whether the child
committed the offense named in the petition;
the juvenile equivalent of a criminal trial.
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Announcement Hearing:
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The
first hearing in the Juvenile Court
process at which time the judge determines if the Court needs to
appoint an attorney, or if the family can retain their own.
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Appeal:
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A
complaint to a higher Court urging that it overturn the decision
of a lower Court.
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Certification Hearing:
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Hearing held to determine whether the juvenile court
will waive its jurisdiction so that an accused juvenile felony
offender can be prosecuted as an adult. Certification is
permissive and not mandatory under Texas law. Depending upon
the type of felony committed, a juvenile as young as either 14
or 15 years of age can be certified to stand trial as an adult.
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Child:
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In Texas, a
person who is 10 years of age or older and under 17 years of age
or a person who is 17 years of age or older and under 18 years
of age who is alleged or found to have engaged in delinquent
conduct or Conduct in need of supervision as a result of acts committed before becoming 17
years of age.
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Commitment:
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A
child committed to the care, control and
custody of the Texas Youth Commission (TYC). All
commitments to TYC, except under the determinate
sentencing act, are for an indeterminate term not to extend
beyond the child's 21st birthday.
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Commitment Performance Target:
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The
target number of juveniles a probation department should
recommend annually to the juvenile courts
for commitment to the Texas Youth
Commission.
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Conduct Indicating a Need for Supervision (CINS):
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Public
intoxication, truancy, running away from home, fineable-only
offenses that have been transferred to a juvenile
court from a municipal or justice court, inhalant
abuse, expulsion for violating a school disciplinary code, or a
violation of a court order under the Services to At Risk Youth
Programs.
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Deferred Prosecution:
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A
voluntary alternative to adjudication where the
child, parent(s), prosecutor and the juvenile
probation department agree upon probation conditions. Deferred
prosecution can last up to six months. If the child
violates any of the probation conditions, the state may elect to
proceed with formal court adjudication.
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Delinquent Conduct:
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Violation of any law punishable by incarceration (except traffic
laws), violation of juvenile court
order entered under Section 54.04 or 54.05 of the Texas Family
Code (except by truancy, running away, or fineable only
offenses), contempt of magistrate orders, DWI and other related
offenses and third offense driving under the influence of
alcohol by a minor.
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Department:
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A
juvenile probation department organized in one or more counties
and supervised by one or more juvenile boards.
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Detention Hearing:
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Hearing held to determine if a child will be held in detention pending future disposition of the case. A child shall be detained only upon an Order of the Juvenile Court or an alternative magistrate. |
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Determinate Sentence:
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Sentence imposed on a juvenile offender for up to 40 years. The
juvenile will first serve time in TYC but may later be
transferred to adult prison and become subject to adult parole
laws. A determinate sentence is only available for certain
types of felony offenses.
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Directive to Apprehend:
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An
order issued by a juvenile court judge
upon recommendation by a peace officer or juvenile probation
officer to have a child apprehended
and detained. A directive to apprehend must be based on
probable cause.
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Disposition Hearing:
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Hearing held after adjudication where the judge decides what
probation conditions will be imposed upon the child
(and the child's family) or whether to
commit the child to the Texas Youth
Commission.
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Diversionary Placement:
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Residential placement program for
juvenile referrals using the state
Community Correction Assistance Fund. This placement is
intended to be the last alternative to sending the offender to
the Texas Youth Commission.
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Guardian Ad Litem:
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An
adult appointed by the Court to represent a child's
interest in a judicial proceeding. A guardian ad litem is
appointed when the child's parent is
either not present or is incapable of making decisions in the
child's best interest.
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Ideal Commitment:
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A
commitment to TYC of a child whose
Progressive Sanctions Guideline Level is a six or a seven.
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Intensive Supervision Program:
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Type
of probation that is a cost-effective means of diverting
juvenile offenders from committal to the Texas Youth
Commission. Services provided vary from department to
department, but common elements include reduced caseloads by
specially trained probation officers and more frequent contacts
between the juvenile and his or her probation officer.
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Juvenile Board:
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A body
established by law to provide juvenile probation services to a
county or counties.
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Juvenile Court:
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A
court designated under Section 51.04 of the Texas Family Code,
or by the other law, to exercise jurisdiction over proceedings
under Title 3 of the Texas Family Code.
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Modification Hearing:
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Hearing held when a child has been
placed on court ordered probation and due to a change in
circumstances, the original disposition requires amending. The
disposition order is modified to reflect the change.
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Petition:
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Document filed by the District Attorney containing the
child's name, date of birth, address,
parent's name, and alleged offense.
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Progressive Sanctions Guidelines:
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Statutory guidelines for juvenile dispositions designed to give
uniformity and predictability to juvenile punishments. There
are seven progressively more restrictive sanction levels under
the guidelines. An offender's sanction level will be based on
the severity of the offense, the offender's prior history,
individual circumstances and needs as well as the effectiveness
of prior intervention.
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Referral (also called formal referral):
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Any
occasion when a child is brought to a
juvenile probation department's attention for alleged delinquent
conduct or conduct indicating a need for supervision (CINS) and
some contact by visit or interview occurs between the department
and the juvenile or parents.
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Residential Placement:
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Child is placed in a non-secure facility (i.e., foster homes, alcohol and drug treatment facilities, halfway houses, MHMR facilities, etc.) or a secure facility (i.e., boot camps, secure county, state, or private facilities, etc.) either with or without a court proceeding.
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Respondent:
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The
juvenile who is the subject of a petition.
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Revocation Hearing:
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Hearing held to revoke a probation order and give a new
disposition when a child has violated
the condition of his/her probation.
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Sealing:
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The
closure of juvenile records from inspection made upon
petition to the court, or upon the court's
own motion.
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Status Offenses:
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Juvenile offenses that are not criminal when committed by
adults; e.g. runaway or truancy.
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Summons:
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Advises the child's
parents/guardian/custodian of when and where the
child's court hearing is to take place (date, time
and location). Summons is served to
both the child and the parents(s) with
copies of the petition attached.
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Supervisory Caution:
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Descriptive term for a wide variety of summary, nonjudicial
dispositions that intake may make of a case. This may include
referral of the child
to a social agency or a community based first offender program
run by law enforcement, contacting parents to inform them of the
child's activities, or simply warning
the child about his or her activities.
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Writ:
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An
order issued by a Court commanding that a certain act or acts be
done or not done.
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Writ of Habeas Corpus:
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An
extraordinary writ ordering a public
officer holding a person in confinement to bring the person
before the Court. This is used to secure the release from
custody of minors or adults being held illegally.
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| EMAIL WEBMASTER 2009 Charlene Beauchamp | Winkler County logo designing Samantha Morrison |
