Texas Family Code - Section 54.051. Transfer Of Determinate Sentence Probation To Appropriate District Court

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§ 54.051. TRANSFER OF DETERMINATE SENTENCE PROBATION TO 
APPROPRIATE DISTRICT COURT.  (a) On motion of the state concerning 
a child who is placed on probation under Section 54.04(q) for a 
period, including any extension ordered under Section 54.05, that 
will continue after the child's 18th birthday, the juvenile court 
shall hold a hearing to determine whether to transfer the child to 
an appropriate district court or discharge the child from the 
sentence of probation.
	(b)  The hearing must be conducted before the child's 18th 
birthday and in the same manner as a hearing to modify disposition 
under Section 54.05.
	(c)  If, after a hearing, the court determines to discharge 
the child, the court shall specify a date on or before the child's 
18th birthday to discharge the child from the sentence of 
probation.
	(d)  If, after a hearing, the court determines to transfer 
the child, the court shall transfer the child to an appropriate 
district court on the child's 18th birthday.
	(e)  A district court that exercises jurisdiction over a 
child transferred under Subsection (d) shall place the child on 
community supervision under Article 42.12, Code of Criminal 
Procedure, for the remainder of the child's probationary period and 
under conditions consistent with those ordered by the juvenile 
court.
	(e-1)  The restrictions on a judge placing a defendant on 
community supervision imposed by Section 3g, Article 42.12, Code of 
Criminal Procedure, do not apply to a case transferred from the 
juvenile court.  The minimum period of community supervision 
imposed by Section 3(b), Article 42.12, Code of Criminal Procedure, 
does not apply to a case transferred from the juvenile court.
	(e-2)  If a child who is placed on community supervision 
under this section violates a condition of that supervision or if 
the child violated a condition of probation ordered under Section 
54.04(q) and that probation violation was not discovered by the 
state before the child's 18th birthday, the district court shall 
dispose of the violation of community supervision or probation, as 
appropriate, in the same manner as if the court had originally 
exercised jurisdiction over the case.  If the judge revokes 
community supervision, the judge may reduce the prison sentence to 
any length without regard to the minimum term imposed by Section 
23(a), Article 42.12, Code of Criminal Procedure.
	(e-3)  The time that a child serves on probation ordered 
under Section 54.04(q) is the same as time served on community 
supervision ordered under this section for purposes of determining 
the child's eligibility for early discharge from community 
supervision under Section 20, Article 42.12, Code of Criminal 
Procedure.
	(f)  The juvenile court may transfer a child to an 
appropriate district court as provided by this section without a 
showing that the child violated a condition of probation ordered 
under Section 54.04(q).
	(g)  If the juvenile court places the child on probation for 
an offense for which registration as a sex offender is required by 
Chapter 62, Code of Criminal Procedure, and defers the registration 
requirement until completion of treatment for the sex offense under 
Subchapter H, Chapter 62, Code of Criminal Procedure, the authority 
under that article to reexamine the need for registration on 
completion of treatment is transferred to the court to which 
probation is transferred.
	(h)  If the juvenile court places the child on probation for 
an offense for which registration as a sex offender is required by 
Chapter 62, Code of Criminal Procedure, and the child registers, 
the authority of the court to excuse further compliance with the 
registration requirement under Subchapter H, Chapter 62, Code of 
Criminal Procedure, is transferred to the court to which probation 
is transferred.
	(i)  If the juvenile court exercises jurisdiction over a 
person who is 18 years of age or older under Section 51.041 or 
51.0412, the court or jury may, if the person is otherwise eligible, 
place the person on probation under Section 54.04(q).  The juvenile 
court shall set the conditions of probation and immediately 
transfer supervision of the person to the appropriate court 
exercising criminal jurisdiction under Subsection (e).

Added by Acts 1999, 76th Leg., ch. 1477, § 12, eff. Sept. 1, 
1999.  Amended by Acts 2003, 78th Leg., ch. 283, § 22, eff. Sept. 
1, 2003;  Acts 2005, 79th Leg., ch. 1008, § 2.07, eff. Sept. 1, 
2005.

Last modified: August 10, 2007