Tex.
Fam. Code Section 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 (Disposition Hearing)(q) for a period, including any extension ordered under Section 54.05 (Hearing to Modify Disposition), that will continue after the child’s 19th 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 person’s 19th birthday, or before the person’s 18th birthday if the offense for which the person was placed on probation occurred before September 1, 2011, and must be conducted in the same manner as a hearing to modify disposition under Section 54.05 (Hearing to Modify Disposition).(c)
If, after a hearing, the court determines to discharge the child, the court shall specify a date on or before the child’s 19th 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 19th birthday.(d-1)
After a transfer to district court under Subsection (d), only the petition, the grand jury approval, the judgment concerning the conduct for which the person was placed on determinate sentence probation, and the transfer order are a part of the district clerk’s public record.(e)
A district court that exercises jurisdiction over a person transferred under Subsection (d) shall place the person on community supervision under Chapter 42A (Community Supervision), Code of Criminal Procedure, for the remainder of the person’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 Article 42A.054 (Limitation on Judge-ordered Community Supervision), Code of Criminal Procedure, do not apply to a case transferred from the juvenile court. The minimum period of community supervision imposed by Article 42A.053(d), Code of Criminal Procedure, does not apply to a case transferred from the juvenile court.(e-2)
If a person who is placed on community supervision under this section violates a condition of that supervision or if the person violated a condition of probation ordered under Section 54.04 (Disposition Hearing)(q) and that probation violation was not discovered by the state before the person’s 19th 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 Article 42A.755 (Revocation of Community Supervision)(a), Code of Criminal Procedure.(e-3)
The time that a person serves on probation ordered under Section 54.04 (Disposition Hearing)(q) is the same as time served on community supervision ordered under this section for purposes of determining the person’s eligibility for early discharge from community supervision under Article 42A.701 (Reduction or Termination of Community Supervision Period), 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 (Disposition Hearing)(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 (Sex Offender Registration Program), Code of Criminal Procedure, and defers the registration requirement until completion of treatment for the sex offense under Subchapter H (Motion and Hearing Generally), Chapter 62 (Sex Offender Registration Program), 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 (Sex Offender Registration Program), Code of Criminal Procedure, and the child registers, the authority of the court to excuse further compliance with the registration requirement under Subchapter H (Motion and Hearing Generally), Chapter 62 (Sex Offender Registration Program), 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 or 19 years of age or older, as applicable, under Section 51.041 (Jurisdiction After Appeal) or 51.0412 (Jurisdiction over Incomplete Proceedings), the court or jury may, if the person is otherwise eligible, place the person on probation under Section 54.04 (Disposition Hearing)(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).
Source:
Section 54.051 — Transfer of Determinate Sentence Probation to Appropriate District Court, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.54.htm#54.051 (accessed Apr. 20, 2024).
