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.