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Is there juvenile shock probation?

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June 19, 2008, 08:31
Jim Tirey
Is there juvenile shock probation?
I think the answer to this question is no, but if I have missed something in the Family Code, I know someone here will let me know.

I have a defense attorney who is going to ask the court to do something like shock probation. The juvenile was committed to TYC for an indeterminate sentence last month and will have been in TYC for a few weeks when this gets set for a hearing.

[This message was edited by Jim Tirey on 06-19-08 at .]
June 20, 2008, 15:12
Kris Moore
I don't think there is any provision allowing shock probation. If the disposition was anything but TYC, the attorney would be allowed to file a Motion to Modify, but Sec. 54.05 says "Any
disposition, except a commitment to the Texas Youth Commission, may be modified by the juvenile court as provided in this section..." and allows a hearing on a Motion to Modify on the petition of the child, parents, attorney, state, probation officer, or the court. THE EXCEPTION IS TYC. I think once they are at TYC, then they are out of luck.

I would be arguing that the court lacks jurisdiction to hear such a motion.
June 20, 2008, 15:14
Kris Moore
There might be an exception if the order is not "final" - if 30 days have not passed since the court's order. Within that time the court could change their own order.