54.05(k) of the Family Code allows the Court to send a juvi to TYC based on a modification of a current misdemeanor probation if that juvi has a previous misdemeanor adjudication (so long as the sequence fits the statutory requirements). Are there any constraints on how old the prior adjudication can be? I know that this section was amended in 2003 to clear up prior confusion. Are adjudications prior to 2003 satisfactory as the prior adjudication necessary for TYC eligibility? I can find no reason why they would not be.
I never thought about it but I've never seen/heard of/had a problem using "old" priors, ie no appeals on that issue and TYC has never questioned one of my kid's commitments using old priors.
The above case sheds some light on this issue. It's unpublished out of El Paso and was ruled on in July. The court said that it was not ex post facto to commit a juvi to TYC based on the two misdemeanor and a modification provision of 54.05(k) even when one of the adjudications occurred prior to the 2003 changes. Their reasoning was that the "conduct" being punished more severely under the 2003 changes is the violation (which occurred after 2003) that led to the modification, not the prior adjudication. Their opinion is much more coherent and readable than this post. Check it out if this topic is of any interest.
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