Texas Family Code - Section 54.11. Release Or Transfer Hearing
Legal Research Home >
Texas Lawyer > Family Code > Texas Family Code - Section 54.11. Release Or Transfer Hearing
§ 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of a
referral under Section 61.079(a), Human Resources Code, for the
transfer to the institutional division of the Texas Department of
Criminal Justice of a person committed to the Texas Youth
Commission under Section 54.04(d)(3), 54.04(m), or 54.05(f), or on
receipt of a request by the commission under Section 61.081(g),
Human Resources Code, for approval of the release under supervision
of a person committed to the commission under Section 54.04(d)(3),
54.04(m), or 54.05(f), the court shall set a time and place for a
hearing on the release of the person.
(b) The court shall notify the following of the time and
place of the hearing:
(1) the person to be transferred or released under
supervision;
(2) the parents of the person;
(3) any legal custodian of the person, including the
Texas Youth Commission;
(4) the office of the prosecuting attorney that
represented the state in the juvenile delinquency proceedings;
(5) the victim of the offense that was included in the
delinquent conduct that was a ground for the disposition, or a
member of the victim's family; and
(6) any other person who has filed a written request
with the court to be notified of a release hearing with respect to
the person to be transferred or released under supervision.
(c) Except for the person to be transferred or released
under supervision and the prosecuting attorney, the failure to
notify a person listed in Subsection (b) of this section does not
affect the validity of a hearing conducted or determination made
under this section if the record in the case reflects that the
whereabouts of the persons who did not receive notice were unknown
to the court and a reasonable effort was made by the court to locate
those persons.
(d) At a hearing under this section the court may consider
written reports from probation officers, professional court
employees, professional consultants, or employees of the Texas
Youth Commission, in addition to the testimony of witnesses. At
least one day before the hearing, the court shall provide the
attorney for the person to be transferred or released under
supervision with access to all written matter to be considered by
the court.
(e) At the hearing, the person to be transferred or released
under supervision is entitled to an attorney, to examine all
witnesses against him, to present evidence and oral argument, and
to previous examination of all reports on and evaluations and
examinations of or relating to him that may be used in the hearing.
(f) A hearing under this section is open to the public
unless the person to be transferred or released under supervision
waives a public hearing with the consent of his attorney and the
court.
(g) A hearing under this section must be recorded by a court
reporter or by audio or video tape recording, and the record of the
hearing must be retained by the court for at least two years after
the date of the final determination on the transfer or release of
the person by the court.
(h) The hearing on a person who is referred for transfer
under Section 61.079(a), Human Resources Code, shall be held not
later than the 60th day after the date the court receives the
referral.
(i) On conclusion of the hearing on a person who is referred
for transfer under Section 61.079(a), Human Resources Code, the
court may order:
(1) the return of the person to the Texas Youth
Commission; or
(2) the transfer of the person to the custody of the
institutional division of the Texas Department of Criminal Justice
for the completion of the person's sentence.
(j) On conclusion of the hearing on a person who is referred
for release under supervision under Section 61.081(f), Human
Resources Code, the court may order the return of the person to the
Texas Youth Commission:
(1) with approval for the release of the person under
supervision; or
(2) without approval for the release of the person
under supervision.
(k) In making a determination under this section, the court
may consider the experiences and character of the person before and
after commitment to the youth commission, the nature of the penal
offense that the person was found to have committed and the manner
in which the offense was committed, the abilities of the person to
contribute to society, the protection of the victim of the offense
or any member of the victim's family, the recommendations of the
youth commission and prosecuting attorney, the best interests of
the person, and any other factor relevant to the issue to be
decided.
(l) Pending the conclusion of a transfer hearing, the
juvenile court shall order that the person who is referred for
transfer be detained in a certified juvenile detention facility as
provided by Subsection (m). If the person is at least 17 years of
age, the juvenile court may order that the person be detained
without bond in an appropriate county facility for the detention of
adults accused of criminal offenses.
(m) The detention of a person in a certified juvenile
detention facility must comply with the detention requirements
under this title, except that, to the extent practicable, the
person must be kept separate from children detained in the same
facility.
(n) If the juvenile court orders that a person who is
referred for transfer be detained in a county facility under
Subsection (l), the county sheriff shall take custody of the person
under the juvenile court's order.
Added by Acts 1987, 70th Leg., ch. 385, § 13, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 574, § 3, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 262, § 46, eff. Jan. 1, 1996;
Acts 2001, 77th Leg., ch. 1297, § 29, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 283, § 24, eff. Sept. 1, 2003.
Section: 54.051 54.06 54.061 54.07 54.08 54.09 54.10 54.11 55.01 55.02 55.03 55.11 55.12 55.13 55.14
Last modified: August 11, 2007
|
