Indeterminate and Determinate Sentences- There are two possible punishment outcomes within the Juvenile Law system. Which type of punishment path is used for all practical purposes is determined by the District Attorney's Office, the type of criminal offense charged, and the age of the juvenile.

Indeterminate Sentences are sentences which no time is set on an adjudication (conviction). A juvenile can be sentences to probation up until his or her 18th birthday and for a felony offense a sentence of incarceration (prison) to Texas Juvenile Justice Department until their 19th birthday. A third option also exists which is a placement in a facility such as a boys or girls ranch or drug treatment facility.

Determinate Sentences are often used for older juveniles with serious charges or repeat offenders. A Determinate Sentence can only be used for certain felony level offenses. Determinate Sentences are a combination juvenile/adult punishment. Determinate Sentences are split into three levels depending on the degree of the felony offense alleged.

First degree felony offenses are called D-40 offenses, second degree felonies are D-20 offenses and third degree felony offenses are listed as D- 10 offenses. The significance of the number is it is the number of years in detention/prison a juvenile can receive on an adjudication for that level of offense.

A Determinate juvenile sentence, be it probation or incarceration, will start in the juvenile court system with the possibility of transfer to the adult court system.

Two major factors will determine if the juvenile case will be transferred to the adult court system.

1. The seriousness of the case
2. The conduct of the juvenile while on probation or in TJJD custody.

This hybrid system works as an incentive to the juvenile to be successful on probation or while being incarcerated. If successful, a juvenile who was placed on probation can be released on their 19” birthday without the necessity of being transferred to the adult system to complete the remaining probationary time. A juvenile who was placed in TJJD can be placed on juvenile parole and not be required to complete the remainder their total incarceration sentence in the adult prison system.