Texas: Not Just Death Row

1. Texas: Not Just Death Row The Juvenile Justice System By: Avery Moore, Nick Rubino, Calyn Jones, and Nick Hogan

2. Why Texas? • Texas has a very large population, therefore there are more crimes yearly, as compared to Massachusetts. • For crimes committed by juveniles (under 18 years of age) we found the following statistics…

3. Why Texas? (Cont’d) • In 2007, Massachusetts had a total of 18,407 reported crimes for people under age 18. • Of these, 1,897 were classified as “violent crimes” • Compared to Massachusetts, Texas had a total of 166,976 crimes for people under age 18. • Of these, 4,881 were classified as “violent crimes”

4. State – Level Component • There are two state-level agencies that are devoted to the juvenile justice functions. • These are known as the Texas Juvenile Probation Commission and the Texas Youth Commission

5. Texas Juvenile Probation Commission • The purposes of the TJPC are: • to make probation services available to juveniles throughout the state • to improve the effectiveness of juvenile probation services • provide alternatives to the commitment of juveniles by helping with financial aid • help establish standards for the community-based juvenile justice system • improve communications among state and local entities • promote delinquency prevention.

6. The Texas Youth Commission • The TYC provides care, custody, rehabilitation and the reestablishment in society of juveniles who are committed by the courts for have engaged in delinquent behavior. • It provides programs for juveniles that help supervise them once they are released. • It was established for the control and rehabilitation for Texas’s most violent and chronic juvenile offenders • The Texas Youth Commission provides treatment programs which consist of: re-socialization, capital offender program, sex offender treatment and chemical dependency treatment

7. Local – Level Component • County Juvenile Board which performs oversight functions for the juvenile justice system at the local level • This means that it oversees everything that is happening. • The Juvenile Court Judges and County Juvenile Probation Department which deals with 97% of the juveniles who commit crimes in the community (Texas Juvenile Justice)

8. Local – Level Cont’d • Juvenile Prosecutors, Justice and Municipal Court Judges that help deal with the most Class C misdemeanors and violations of juveniles • Class C misdemeanors are the least serious, compared to Classes A and B.

9. CINS • If a juvenile is not able to be cared for by their parents, they are sent to the Conduct Indicating a Need for Supervision (CINS), which is equivalent to Massachusetts’ CHINS program (Child In Need of Supervision). • This is used for status offenses such as truancy, running away, curfew violations, etc.

10. Arrested Youth • Once a juvenile is taken into custody, it is decided whether or not to consider them an adult, or child (typically aged 10-18). • Depending on the offense, the child’s parent could be charged as well. • If the youth is detained by intake, the judge will have to find probable cause within a forty eight hour period and hold a detention hearing within one or two working days.

11. Juvenile Waiver • The rate of juveniles being waived to adult court has risen over recent years. • This is due in part to a new bill, S.B. 103, which has decreased the maximum age that the TYC can hold juveniles. • Before, juveniles had to be released when they became 21 years of age. Now, they must be released when they are 19.

12. What does this mean? • Due to the passing of the S.B. 103 bill, lowering the age of release, juveniles are more likely to be waived to adult court, since they are not able to stay in the TYC, long enough for them to be considered rehabilitated. • This is an issue, because juveniles have an increased chance of being victimized in an adult facility, and suffer emotional trauma. • Younger juveniles in adult facilities are eight times more likely to commit suicide.

13. What does this mean? (Cont’d) • Statistics have also shown that the recidivism rates (how likely one is to be rearrested upon release from prison) are higher for juveniles whom have been transferred to adult court. • This means an increase in the number of prisoners, as this creates a repeating cycle.

14. Example! • In 2007, a sixteen year-old boy set fire to Needleville High School, causing between six and seven million dollars worth of damage. • Prosecutors pushed for him to receive the maximum incarceration sentence of 40 years. • Unfortunately, it was not considered a “capital crime” as there was no death or bodily injury, so the 40 year incarceration sentence was not applicable.

15. Example Cont’d! • In the end, the youth received 10 years of probation. • His attorney called him a “model citizen” because he was compliant with all of the judges orders and plead guilty to his charge of arson.(ha haha…) • Under Texas law, a youth cannot be placed under probation that exceeds his/her 18th birthday. • Though this article does not mention it, we believe that there was an arrangement worked out between the prosecutor and the defendant, because he was so compliant.

16. Works Cited "Office of the Independent Ombudsman for the Texas Youth Commission." Google. 9 Apr. 2009 <http://74.125.93.104/search?q=cache:Bdk4zoRS8ngJ:www.tyc.state.tx.us/ombudsman/SB103_AdultCert_Summary.pdf+texas+juvenile+transfer+rate&cd=3&hl=en&ct=clnk&gl=us&client=firefox-a>. "The Texas Juvenile Justice System". Texas Juvenile Probation Commission. April 5, 2009 <http://www.tjpc.state.tx.us/about_us/juv_justice_overview.htm>. Hanson, E. "Fort Bend Teen Gets Probation in School Arson Case". April 6, 2009 <www.chron.com/disp/story.mpl/moms/5598042.html>. "Who are TYC Offenders?". Texas Youth Commission. April 7, 2009 <http://www.tyc.state.tx.us/research/youth_stats.html>.