Defendant was on civil commitment (as a juvenile) in local TYC facility. At facility he assaulted a public servant and was indicted six months ago. He has remained in TYC on his civil commitment. We have reached a plea deal and defense counsel is wanting credit for time served in TYC facility. We have never allowed credit in the past under the theory that they are in TYC under a civil commitment and are NOT being held under our charge. (If they are released from TYC while under indictment they are shipped to the county jail and have to bond out.)

Are there any other TYC prosecutors out there that deal with this issue? I am not inclined to give credit unless it is required.

Not sure what you mean by a "civil" commitment to TYC ? Are you thinking that the commitment is "civil" just because its juvenile, or are you talking about a mental commitment of some type ?

Regardless, the only TYC related statute that I am familiar with regarding backtime is section 499.053 of the Government Code, which does give credit for time served in Determinate Cases.

My guess would be that there is some "adult" statute that should define parole eligibility. I doubt if you are going to find your answer in the juvi world.

The most famous case (by that I mean that every inmate knows about it, but does not know what it says) about time credit is

Bynum 772 s.w.2d 113

Take a look and see if it applies to your case.

Hope this helps.

p

Staley, you might also make the observation that the academy is not the "jail" spoken of in 42.03 sec. 2(a). The question does not usually arise here in Gainesville because we go and pick up the "student" from the school and keep them in our jail. Hope this doesn't bust your deal.

Thanks all. Turns out that the defendant is a Mexican national and in the process of being deported. That should take care of his charges here!

I was thinking that since juvenile proceedings are civil in nature that his "incarceration" in the TYC facility would not be the same as criminal incarceration. I like Martin's reasoning re: Art 42.03 Sec. 2(a). The TYC facility is not a jail.

I am thinking that from now on we will have our TYC defendant's picked up and taken to the county jail to avoid this problem. I am sure that the Sheriff won't mind the extra work.