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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.
 
Posts: 362 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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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.
 
Posts: 640 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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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.
 
Posts: 113 | Location: Houston, Texas,USA | Registered: October 30, 2001Reply With QuoteReport This Post
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