CHAPTER 59. PROGRESSIVE SANCTIONS MODEL
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 59. PROGRESSIVE SANCTIONS MODEL
Sec. 59.001. PURPOSES. The purposes of the progressive
sanctions model are to:
(1) ensure that juvenile offenders face uniform and consistent
consequences and punishments that correspond to the seriousness
of each offender's current offense, prior delinquent history,
special treatment or training needs, and effectiveness of prior
interventions;
(2) balance public protection and rehabilitation while holding
juvenile offenders accountable;
(3) permit flexibility in the decisions made in relation to the
juvenile offender to the extent allowed by law;
(4) consider the juvenile offender's circumstances;
(5) recognize that departure of a disposition from this model is
not necessarily undesirable and in some cases is highly
desirable; and
(6) improve juvenile justice planning and resource allocation by
ensuring uniform and consistent reporting of disposition
decisions at all levels.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 2003, 78th Leg., ch. 479, Sec. 3, eff.
Sept. 1, 2003.
Sec. 59.002. SANCTION LEVEL ASSIGNMENT BY PROBATION DEPARTMENT.
(a) The probation department may assign a sanction level of one
to a child referred to the probation department under Section
53.012.
(b) The probation department may assign a sanction level of two
to a child for whom deferred prosecution is authorized under
Section 53.03.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 59.003. SANCTION LEVEL ASSIGNMENT MODEL. (a) Subject to
Subsection (e), after a child's first commission of delinquent
conduct or conduct indicating a need for supervision, the
probation department or prosecuting attorney may, or the juvenile
court may, in a disposition hearing under Section 54.04 or a
modification hearing under Section 54.05, assign a child one of
the following sanction levels according to the child's conduct:
(1) for conduct indicating a need for supervision, other than
conduct described in Section 51.03(b)(4) or (5) or a Class A or B
misdemeanor, the sanction level is one;
(2) for conduct indicating a need for supervision under Section
51.03(b)(4) or (5) or a Class A or B misdemeanor, other than a
misdemeanor involving the use or possession of a firearm, or for
delinquent conduct under Section 51.03(a)(2), the sanction level
is two;
(3) for a misdemeanor involving the use or possession of a
firearm or for a state jail felony or a felony of the third
degree, the sanction level is three;
(4) for a felony of the second degree, the sanction level is
four;
(5) for a felony of the first degree, other than a felony
involving the use of a deadly weapon or causing serious bodily
injury, the sanction level is five;
(6) for a felony of the first degree involving the use of a
deadly weapon or causing serious bodily injury, for an aggravated
controlled substance felony, or for a capital felony, the
sanction level is six; or
(7) for a felony of the first degree involving the use of a
deadly weapon or causing serious bodily injury, for an aggravated
controlled substance felony, or for a capital felony, if the
petition has been approved by a grand jury under Section 53.045,
or if a petition to transfer the child to criminal court has been
filed under Section 54.02, the sanction level is seven.
(b) Subject to Subsection (e), if the child subsequently is
found to have engaged in delinquent conduct in an adjudication
hearing under Section 54.03 or a hearing to modify a disposition
under Section 54.05 on two separate occasions and each involves a
violation of a penal law of a classification that is less than
the classification of the child's previous conduct, the juvenile
court may assign the child a sanction level that is one level
higher than the previously assigned sanction level, unless the
child's previously assigned sanction level is six.
(c) Subject to Subsection (e), if the child's subsequent
commission of delinquent conduct or conduct indicating a need for
supervision involves a violation of a penal law of a
classification that is the same as or greater than the
classification of the child's previous conduct, the juvenile
court may assign the child a sanction level authorized by law
that is one level higher than the previously assigned sanction
level.
(d) Subject to Subsection (e), if the child's previously
assigned sanction level is four or five and the child's
subsequent commission of delinquent conduct is of the grade of
felony, the juvenile court may assign the child a sanction level
that is one level higher than the previously assigned sanction
level.
(e) The probation department may, in accordance with Section
54.05, request the extension of a period of probation specified
under sanction levels one through five if the circumstances of
the child warrant the extension.
(f) Before the court assigns the child a sanction level that
involves the revocation of the child's probation and the
commitment of the child to the Texas Youth Commission, the court
shall hold a hearing to modify the disposition as required by
Section 54.05.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 19, eff.
June 19, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 22, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 20, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 42, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 479, Sec. 4, 5, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 28, eff. September 1, 2007.
Sec. 59.004. SANCTION LEVEL ONE. (a) For a child at sanction
level one, the juvenile court or probation department may:
(1) require counseling for the child regarding the child's
conduct;
(2) inform the child of the progressive sanctions that may be
imposed on the child if the child continues to engage in
delinquent conduct or conduct indicating a need for supervision;
(3) inform the child's parents or guardians of the parents' or
guardians' responsibility to impose reasonable restrictions on
the child to prevent the conduct from recurring;
(4) provide information or other assistance to the child or the
child's parents or guardians in securing needed social services;
(5) require the child or the child's parents or guardians to
participate in a program for services under Section 264.302, if a
program under Section 264.302 is available to the child or the
child's parents or guardians;
(6) refer the child to a community-based citizen intervention
program approved by the juvenile court; and
(7) release the child to the child's parents or guardians.
(b) The probation department shall discharge the child from the
custody of the probation department after the provisions of this
section are met.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 23, eff.
Sept. 1, 1997.
Sec. 59.005. SANCTION LEVEL TWO. (a) For a child at sanction
level two, the juvenile court, the prosecuting attorney, or the
probation department may, as provided by Section 53.03:
(1) place the child on deferred prosecution for not less than
three months or more than six months;
(2) require the child to make restitution to the victim of the
child's conduct or perform community service restitution
appropriate to the nature and degree of harm caused and according
to the child's ability;
(3) require the child's parents or guardians to identify
restrictions the parents or guardians will impose on the child's
activities and requirements the parents or guardians will set for
the child's behavior;
(4) provide the information required under Sections 59.004(a)(2)
and (4);
(5) require the child or the child's parents or guardians to
participate in a program for services under Section 264.302, if a
program under Section 264.302 is available to the child or the
child's parents or guardians;
(6) refer the child to a community-based citizen intervention
program approved by the juvenile court; and
(7) if appropriate, impose additional conditions of probation.
(b) The juvenile court or the probation department shall
discharge the child from the custody of the probation department
on the date the provisions of this section are met or on the
child's 18th birthday, whichever is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 24, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 21, eff.
Sept. 1, 1999.
Sec. 59.006. SANCTION LEVEL THREE. (a) For a child at sanction
level three, the juvenile court may:
(1) place the child on probation for not less than six months;
(2) require the child to make restitution to the victim of the
child's conduct or perform community service restitution
appropriate to the nature and degree of harm caused and according
to the child's ability;
(3) impose specific restrictions on the child's activities and
requirements for the child's behavior as conditions of probation;
(4) require a probation officer to closely monitor the child's
activities and behavior;
(5) require the child or the child's parents or guardians to
participate in programs or services designated by the court or
probation officer; and
(6) if appropriate, impose additional conditions of probation.
(b) The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 18th birthday, whichever
is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 25, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 479, Sec. 6, eff. Sept.
1, 2003.
Sec. 59.007. SANCTION LEVEL FOUR. (a) For a child at sanction
level four, the juvenile court may:
(1) require the child to participate as a condition of probation
for not less than three months or more than 12 months in an
intensive services probation program that emphasizes frequent
contact and reporting with a probation officer, discipline,
intensive supervision services, social responsibility, and
productive work;
(2) after release from the program described by Subdivision (1),
continue the child on probation supervision;
(3) require the child to make restitution to the victim of the
child's conduct or perform community service restitution
appropriate to the nature and degree of harm caused and according
to the child's ability;
(4) impose highly structured restrictions on the child's
activities and requirements for behavior of the child as
conditions of probation;
(5) require a probation officer to closely monitor the child;
(6) require the child or the child's parents or guardians to
participate in programs or services designed to address their
particular needs and circumstances; and
(7) if appropriate, impose additional sanctions.
(b) The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 18th birthday, whichever
is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 26, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 43, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 479, Sec. 7, eff. Sept.
1, 2003.
Sec. 59.008. SANCTION LEVEL FIVE. (a) For a child at sanction
level five, the juvenile court may:
(1) as a condition of probation, place the child for not less
than six months or more than 12 months in a post-adjudication
secure correctional facility;
(2) after release from the program described by Subdivision (1),
continue the child on probation supervision;
(3) require the child to make restitution to the victim of the
child's conduct or perform community service restitution
appropriate to the nature and degree of harm caused and according
to the child's ability;
(4) impose highly structured restrictions on the child's
activities and requirements for behavior of the child as
conditions of probation;
(5) require a probation officer to closely monitor the child;
(6) require the child or the child's parents or guardians to
participate in programs or services designed to address their
particular needs and circumstances; and
(7) if appropriate, impose additional sanctions.
(b) The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 18th birthday, whichever
is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 27, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 479, Sec. 8, eff. Sept.
1, 2003.
Sec. 59.009. SANCTION LEVEL SIX. (a) For a child at sanction
level six, the juvenile court may commit the child to the custody
of the Texas Youth Commission. The commission may:
(1) require the child to participate in a highly structured
residential program that emphasizes discipline, accountability,
fitness, training, and productive work for not less than nine
months or more than 24 months unless the commission extends the
period and the reason for an extension is documented;
(2) require the child to make restitution to the victim of the
child's conduct or perform community service restitution
appropriate to the nature and degree of the harm caused and
according to the child's ability, if there is a victim of the
child's conduct;
(3) require the child and the child's parents or guardians to
participate in programs and services for their particular needs
and circumstances; and
(4) if appropriate, impose additional sanctions.
(b) On release of the child under supervision, the Texas Youth
Commission parole programs may:
(1) impose highly structured restrictions on the child's
activities and requirements for behavior of the child as
conditions of release under supervision;
(2) require a parole officer to closely monitor the child for
not less than six months; and
(3) if appropriate, impose any other conditions of supervision.
(c) The Texas Youth Commission may discharge the child from the
commission's custody on the date the provisions of this section
are met or on the child's 19th birthday, whichever is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 28, eff.
Sept. 1, 1997.
Sec. 59.010. SANCTION LEVEL SEVEN. (a) For a child at sanction
level seven, the juvenile court may certify and transfer the
child under Section 54.02 or sentence the child to commitment to
the Texas Youth Commission under Section 54.04(d)(3), 54.04(m),
or 54.05(f). The commission may:
(1) require the child to participate in a highly structured
residential program that emphasizes discipline, accountability,
fitness, training, and productive work for not less than 12
months or more than 10 years unless the commission extends the
period and the reason for the extension is documented;
(2) require the child to make restitution to the victim of the
child's conduct or perform community service restitution
appropriate to the nature and degree of harm caused and according
to the child's ability, if there is a victim of the child's
conduct;
(3) require the child and the child's parents or guardians to
participate in programs and services for their particular needs
and circumstances; and
(4) impose any other appropriate sanction.
(b) On release of the child under supervision, the Texas Youth
Commission parole programs may:
(1) impose highly structured restrictions on the child's
activities and requirements for behavior of the child as
conditions of release under supervision;
(2) require a parole officer to monitor the child closely for
not less than 12 months; and
(3) impose any other appropriate condition of supervision.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 29, eff.
Sept. 1, 1997.
Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
require the juvenile probation department to report progressive
sanction data electronically to the Texas Juvenile Probation
Commission in the format and time frames specified by the
commission.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 44, eff.
Sept. 1, 2001.
Sec. 59.012. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL. (a)
The Criminal Justice Policy Council shall analyze trends related
to juvenile referrals and the impact of reforms on recidivism
rates using standard scientific sampling or appropriate
scientific methodologies to represent statewide patterns. The
council shall compile other policy studies as determined by the
executive director of the council or as requested by the
governor, lieutenant governor, or speaker of the house of
representatives to assist in policy development.
(b) The Criminal Justice Policy Council shall report its
findings and related recommendations to improve juvenile justice
policies to the governor and the members of the legislature on or
before January 15 of each odd-numbered year.
(c) The Criminal Justice Policy Council may incorporate its
findings and recommendations under this section into its report
required under Section 413.013, Government Code.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 45, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 479, Sec. 9, eff. Sept.
1, 2003.
Sec. 59.013. LIABILITY. The Texas Youth Commission, a juvenile
board, a court, a person appointed by a court, an attorney for
the state, a peace officer, or a law enforcement agency is not
liable for a failure or inability to provide a service listed
under Sections 59.004-59.010.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 59.014. APPEAL. A child may not bring an appeal or a
postconviction writ of habeas corpus based on:
(1) the failure or inability of any person to provide a service
listed under Sections 59.004-59.010;
(2) the failure of a court or of any person to make a sanction
level assignment as provided in Section 59.002 or 59.003;
(3) a departure from the sanction level assignment model
provided by this chapter; or
(4) the failure of a juvenile court or probation department to
report a departure from the model.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1999, 76th Leg., ch. 1011, Sec. 1, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 22, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 479, Sec. 10, eff. Sept.
1, 2003.
Sec. 59.015. WAIVER OF SANCTIONS ON PARENTS OR GUARDIANS. On a
finding by the juvenile court or probation department that a
child's parents or guardians have made a reasonable good faith
effort to prevent the child from engaging in delinquent conduct
or engaging in conduct indicating a need for supervision and
that, despite the parents' or guardians' efforts, the child
continues to engage in such conduct, the court or probation
department shall waive any sanction that may be imposed on the
parents or guardians at any sanction level.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.