TDCAA Community
Detention Time

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November 09, 2001, 21:28
DeCluitt
Detention Time
My judge asked me yesterday if he could impose time in detention as part of a disposition. For example....probation in the home with 30 days in detention. Also, he asked if we could take stipulations (pleas) "en masse." (I don't think we can due to privacy issues, but I'm not sure.) Let me know!
November 27, 2001, 15:59
Lisa Peterson
I think your judge might need to remember that the goal of juvenile justice is to rehab the little darlin's, not punish them. As a result, their rights, especially their privacy, is highly protected. There could also be an issue raised later that a child did not actually understand the admonishments from the bench, but did not raise his voice because of the presence of the other kids. This could jinx the whole case. One at a time, even if co-defendants, is the safe way to go.

On the detention as a condition of probation, I think there are several challenges. The only detention that I am aware of that can be ordered is "short term" or a period not to exceed 10 (or 15 if you're little) days. Absent statutory authority, I would not try it!

You might consider suggesting that the Judge attend the Juvenile Law seminar in Austin in January. I find it helpful.

Lisa L. Peterson
Nolan County Attorney

November 28, 2001, 13:29
Stacey L. Brownlee
We often do pleas "en masse" without problem. Hard to believe there would be a privacy issue when the court is now open to the public (see 51.08 TFC)and as far as the sweet little darlings not speaking up during admonishments, their limited appellate rights should take care of that problem.

Way back when, part of the code seemed to allow for sentences to include detention time as a condition of probation, but that part of the code is long gone. I think there is still a way to do it, call me if you want to discuss it. 281-341-4471 or sbrownle@co.fort-bend.tx.us