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Is a finding of true to a probation violation that would be a registerable offense constitute a "reportable conviction or adjudication"?

Here's our fact scenario: In 1997 juvenile defendant is adjudicated and placed on probation for a non-sex crime. In 1999 state files a motion to modify his probation alleging a sexual assault as a probation violation. His probation is "revoked" and he is committed to TYC. With regard to any finding of a sexual offense,the court order modifying his disposition to TYC merely states that the juv is ". . .found to have violated his terms and conditions of probation . . ." by committing the sex offense. In 2004 juv, now adult, is discharged from TYC parole and told he is required to register (by TYC, I assume). I'm now looking at an offense report for his failure to report a change of address in November 2007.

There is no adjudication order or other court document that states that the juv is found to have committed delinquent conduct by committing the offense of sexual assault.

It doesn't look like an 62.001 (5) adjudication of delinquent conduct to me, but was hoping you all might have some authority to the contrary.
 
Posts: 89 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
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62.001 does say that an adjudication is reportable if it is "for or based on" the type of charge you suggest your adjudication was based on, I think that's not the type of adjudication they intended. Also, the burden of proof to obtain the finding of a probation violation is less than to convict (or adjudicate in the case of a juvenile), and it seems unlikely to me, that they intended to subject a person to registration when the defendant has probably committed a sex offense but been convicted only of a non-sex offense. I find no authority either way, but I just think it would be reaching to require registration solely on the basis of a finding in support of a probation violation.
 
Posts: 622 | Location: San Marcos | Registered: November 13, 2003Reply With QuoteReport This Post
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