Sec. 244.014. REFERRAL OF DETERMINATE SENTENCE OFFENDERS FOR TRANSFER. (a) After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the department may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if:
(1) the child has not completed the sentence; and
(2) the child's conduct, regardless of whether the child was released under supervision under Section 245.051, indicates that the welfare of the community requires the transfer.
(a-1) After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the department shall refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if:
(1) the child has not completed the sentence;
(2) while the child was committed to the custody of the department, the child was subsequently adjudicated or convicted for conduct constituting a felony of the first or second degree or an offense punishable under Section 22.01(b)(1), Penal Code; and
(3) the child was at least 16 years of age at the time the conduct occurred.
(b) The department shall cooperate with the court on any proceeding on the transfer of the child.
(c) If a child is released under supervision, a juvenile court adjudication that the child engaged in delinquent conduct constituting a felony offense, a criminal court conviction of the child for a felony offense, or a determination under Section 244.005(4) revoking the child's release under supervision is required before referral of the child to the juvenile court under Subsection (a).
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 39, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 44, eff. September 1, 2023.
Notes of Decisions
Cited in
24
cases (
15 in the last 5 years), 2012–2026 · leading case:
In re N.K.M., 387 S.W.3d 859 (Tex. App.—San Antonio 2012).
In re N.K.M., 387 S.W.3d 859 (Tex. App.—San Antonio 2012).
“438 (West) (codified as amended at Tex. Hum. Res. Code Ann. § 244.014 (West Supp.”
In re D.B., 457 S.W.3d 536 (Tex. App.—Texarkana 2015).
“11 (West 2014); Tex. Hum. Res. Code Ann. § 244.014 (West Supp.”
Moon, Cameron, 451 S.W.3d 28 (Tex. Crim. App. 2014).
“1 l(i)(2) and Tex. Hum. Res.Code § 244.014(a), the juvenile court determines that "the child’s conduct” while under State supervision "indicates that the welfare of the community requires the transfer”).”
in the Matter of N. G.-D., No. 03-14-00437-CV (Tex. App.—Austin Jan. 8, 2016).
· cites it 2× “11 (governing juvenile court’s decision to parole or transfer juvenile offender); Tex. Hum. Res. Code § 244.014 (authorizing TJJD to refer juvenile offender between age 16 and 19 for transfer to TDCJ); Tex.”
in the Matter of K.P., No. 14-21-00709-CV (Tex. App.—Houston [14th Dist.] Jan. 10, 2023).
· cites it 2× “See Tex. Hum. Res. Code §§ 244.014, 245.051; Tex.”
In the Matter of J.R. v. the State of Texas, No. 02-23-00149-CV (Tex. App.—Fort Worth Oct. 12, 2023).
· cites it 2× “” See Tex. Hum. Res. Code Ann. § 244.014 (establishing requirements to refer determinate-sentence offenders for transfer to Criminal Department), § 245.”
In the Matter of K.Y.G. v. the State of Texas, No. 09-23-00124-CV (Tex. App.—Beaumont June 6, 2024).
· cites it 2× “See Tex. Hum. Res. Code Ann. § 244.014 (a).1 In April 2023, the trial court held a hearing regarding the order to transfer and at its conclusion ordered K.”
In the Matter of J. C. M. v. the State of Texas, No. 01-23-00584-CV (Tex. App.—Houston [1st Dist.] June 12, 2025).
· cites it 2× “11; TEX. HUM. RES. CODE §§ 244.014, 245.051. At the hearing, Bennett, a TJJD court liaison, recounted J.”
in the Matter of C. B., No. 03-14-00028-CV (Tex. App.—Austin July 15, 2015).
· cites it 2× “See Tex. Hum. Res. Code § 244.014 (referral of violent and habitual offenders for transfer).”
in the Matter of T.C., a Juv., No. 02-17-00007-CV (Tex. App.—Fort Worth Jan. 4, 2018).
“2017) (governing juvenile court’s decision to transfer juvenile offender); Tex. Hum. Res. Code Ann. § 244.014 (West Supp.”
Tex. Hum. Res. Code § 244.014(a): 7 cases
Moon, Cameron, 451 S.W.3d 28 (Tex. Crim. App. 2014).
“1 l(i)(2) and Tex. Hum. Res.Code § 244.014(a), the juvenile court determines that "the child’s conduct” while under State supervision "indicates that the welfare of the community requires the transfer”).”
in the Matter of K.P., No. 14-21-00709-CV (Tex. App.—Houston [14th Dist.] Jan. 10, 2023).
“See Tex. Hum. Res. Code §§ 244.014, 245.051; Tex.”
Tex. Hum. Res. Code § 244.014(a)(2): 1 case
in the Matter of C. B., No. 03-14-00028-CV (Tex. App.—Austin July 15, 2015).
“See Tex. Hum. Res. Code § 244.014 (referral of violent and habitual offenders for transfer).”
Tex. Hum. Res. Code § 244.014(b): 1 case
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