I have a defendant who, as a juvenile, was placed on a determinate sentence probation and transferred to adult court this year when he turned 18. That's when I got him. He was on probation for aggravated sexual assault. He quickly violated his probation after just a few months on adult probation and was revoked and sentenced to 3 years TDCJ. (It was only a 6 year probation!) My question is, does he get credit for either a) time spent in juvi detention center or b) the residential sex offender treatment facility he was sent to as a juvenile? I know he gets credit for adult jail time awaiting his revocation.

Yes, under SB 103 from last session the juvenile is given credit for the time served in detention pre-adjudication and TYC time counts toward TDCJ eligibility for parole.

He never went to TYC, though. Since he wasn't sentenced to TYC, I don't see how that applies. Seems like even if the legislature meant to include TDCJ time in that rule, they made a drafting error.

What's so terrible about giving him credit for time spent in juvenile detention, since he eventually was sentenced on that charge?

My sense it that he gets credit for time served in detention. If he had been in custody at TYC - it would be clear. See Sec. 499.053 of the Govt. Code. That and the new law merely codified some caselaw. The name on the case was "Green", but I made a quick search and I can't find a cite. I remember talking to Dawson about it, though, and it is necessary that the time spent in custody be reflected in the committment order.

Its Ex Parte Green, 688 SW2d 555, CCA, 1985

Case is talking about a certification but I think the reasoning behind the holding applies to DS revocations too. However, I LOVE LOVE LOVE the dissent!!