For those of you who use the statutory outline for intake, and your juvenile probation office sends you only the cases required by statute--felonies and cases involving violence--do you receive deadly conduct cases? My probation office says this is not included in the cases that are referred to the prosecutor...I think it is...any tie breakers??
I have always been amazed at why any JPD would want to hold on to cases when they could pass them on !!!
53.01 would require that any Deadly Conduct offense under subsection(b) be sent to you as it is a felony; likewise, if the offense involved Chap. 46 weapon, it is required to be sent to you. Only thing that leaves is DC misd. offenses w/o a listed weapon and since any DC requires an act where imminent serious bodily injury is the result, I'd really like to hear an argument from them as to how that act would NOT fall into the "violent" category, if SBI was a likely result.
My advice to your probation department would be to call TJPC and get their opinion.
MHO: they should.
I agree--the seriousness of possible injury makes it violent. Incidentally, a kid cut another kid's brake lines on his truck--just a funny prank, right?
Thanks, I think I will call TJPC also and see if this has come up....
We are having the exact same issue but with "terroristic threat"
Our probation department will not forward us terroristic threat cases because they do not believe they are required to under the statute.
I haven't really been able to find anything defining "violence" as it would pertain to a juvenile case.
We settled this with an Alternative Referral Plan, where we tracked the language of the statute but also set out different procedures for case referrals from juvenile probation. We also put in there a requirement that juvenile probation notify us of any offenses, such as POM, so that we may comply with our school notification requirement under CCP 15.27 for such offenses. Deadly Conduct is one of those offense that require notification. Suzanne, I know you are familiar with how our juvenile office works in Kendall County. Feel free to call or email me and I'll send you a copy of our referral plan. email@example.com
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