April 03, 2009, 14:55Jim Tirey
Some more certification questions
Juvenile was certified as an adult back in October, 2008. A diagnostic evaluation was completed at that time.
We are about to file another petition for discretionary transfer and I need to figure out if we have to have a complete new evaluation performed, or if we can use an update of the prior one.
April 03, 2009, 15:21Stacey L. Brownlee
I've never done one so someone please correct me if I am wrong but I don't think you need a full diagnostic study if you are doing a second transfer on the same "juvenile" under 54.02(m). My understanding was that all you had to prove was prior transfer (and indictment)and that new offense was a felony.
To answer your question directly, I've always been told by the psychologist that an eval that is less than 12 months old only needs an update.
April 13, 2009, 11:43Kris Moore
I agree with Stacy. I have done some of them. If you look at 54.02(n) I think it allows the second hearing without the "study" required for the first certification hearing. When I have done second certifications I have shown probable cause on the new offense, that they had previously been certified and the new offense is a felony.