Page 56 - Juvenile Practice is not Child's Play

• High for: all capital offenses, all first-degree felonies, and 2nd degree murder, manslaughter, or sexual assault

• Moderate for: all other second-degree felonies, all third-degree felonies, and all state jail felonies

If the youth did not use a weapon, commit a felony sex offense, or commit a felony against a person, the rating is:

• Moderate for: first-degree felonies
• Low for: second-degree felonies, third-degree felonies, and state jail felonies

The second part of calculating the minimum length of stay is determining the risk the youth poses to the community
based on their prior history in the juvenile justice system. This will result in an assessment rating of high, medium, or
low.

Severity Rating

Assessment Rating High Medium Low

High 24 months 15 months 9 months
Medium 18 months 12 months 9 months

Low 15 months 12 months 9 months

Determinate Sentence with the Texas Juvenile Justice Department

This is the highest sanction available in juvenile court. Unlike an indeterminate sentence to TJJD, this sentence is for a
set number of years. For this disposition to be available, the prosecutor must get the petition approved by a grand jury.

Because of the more serious nature of this sanction, the child has the right to a jury determination of sentence. If the
child does not waive this right to jury sentencing prior to the examination of the jury panel, then a jury will sentence
the youth. The jury may grant probation if the sentence is 10 years or less. If probation is granted, the judge controls

the terms of probation.

If the offense is a capital felony, a first-degree felony, or an aggravated controlled substance felony, the sentence may
be no more than 40 years. The sentence for a second-degree felony may be no more than 20 years. For an offense that

is a third-degree felony, the sentence can be no more than 10 years.

The sentence begins at TJJD and will finish at the Texas Department of Criminal Justice, Institutional Division (TDCJ).

The youth can be transferred from TJJD to TDCJ at any point after their 16th birthday. The transfer is accomplished
through a hearing. TFC § 54.11. TJJD may seek a hearing at any time after the youth’s 16th birthday, or if the youth is
on parole after the age of 16 and parole is revoked, or if the youth is on adult parole and parole is revoked.