Sec. 245.151. TERMINATION OF CONTROL. (a) Except as provided by Subsections (b) and (c), if a person is committed to the department under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the department may not discharge the person from its custody.
(b) The department shall discharge without a court hearing a person committed to the department for a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, who has not been transferred to the Texas Department of Criminal Justice under a court order on the date that the time spent by the person in detention in connection with the committing case plus the time spent at the department under the order of commitment equals the period of the sentence.
(c) The department shall transfer to the Texas Department of Criminal Justice a person who is the subject of an order under Section 54.11(i)(2), Family Code, transferring the person to the custody of the Texas Department of Criminal Justice for the completion of the person's sentence.
(d) Except as provided by Subsection (e), the department shall discharge from its custody a person not already discharged on the person's 19th birthday.
(e) The department shall transfer a person who has been sentenced under a determinate sentence to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been returned to the department under Section 54.11(i)(1), Family Code, to the custody of the Texas Department of Criminal Justice on the person's 19th birthday, if the person has not already been discharged or transferred, to serve the remainder of the person's sentence on parole as provided by Section 508.156, Government Code.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Notes of Decisions
Cited in
19
cases (
12 in the last 5 years), 2014–2024 · leading case:
In re D.B., 457 S.W.3d 536 (Tex. App. 2015).
In re D.B., 457 S.W.3d 536 (Tex. App. 2015).
“See Tex. Hum. Res. Code Ann. § 245.151 (d), (e) (West 2013).”
Moon, Cameron, 451 S.W.3d 28 (Tex. Crim. App. 2014).
“151(c) (the Texas Juvenile Justice Department "shall transfer” an adjudicated juvenile offender "to the custody of the Texas Department of Criminal Justice for the completion of the person’s sentence” when, pursuant to court order under Tex.”
Ex Parte Sulia Lawrence Brown (Tex. App. 2019).
· cites it 4× “See Tex. Hum. Res. Code Ann. § 245.151 (d). But to get a determinate sentence for a juvenile, the State must petition the grand jury and obtain its approval.”
In the Matter of J.R. v. the State of Texas (Tex. App. 2023).
· cites it 3× “See Tex. Hum. Res. Code Ann. § 245.151 (c). If the juvenile court ordered the juvenile returned to the Juvenile Department, it could do so with or without approval to release him under supervision.”
in the Matter of T.R. (Tex. App. 2018).
“” and 3 replacing it with “Texas Human Resources Code Section 245.”
in the Matter of J.A.A., Jr. v. State (Tex. App. 2021).
“See Tex. Hum. Res. Code § 245.151. To be eligible for a determinate sentence, the juvenile offender must have committed a particular offense that is enumerated by statute, or he must have engaged in habitual felony conduct.”
in the Matter of J. T. D., a Juv. (Tex. App. 2021).
“had served approximately twenty two months, plus approximately four months of predetention credit, 1 See TEX. HUM. RES. CODE ANN. § 245.151(d), (e) (West 2013).”
in the Matter of R.C. (Tex. App. 2021).
“See Tex. Hum. Res. Code Ann. § 245.151 (d). To get a determinate sentence for a juvenile, the State must petition the grand jury and obtain its approval.”
in the Matter of Z.T. (Tex. App. 2021).
“See TEX. HUM. RES. CODE ANN. § 245.151. In its order, the juvenile court specifically found Z.”
in the Matter of K.T., a Juv. (Tex. App. 2022).
“3d at 855 ) (citing TEX. HUM. RES. CODE ANN. § 245.151(e))). As of the date of the transfer order, K.”
in the Matter of B.C. (Tex. App. 2022).
“See Tex. Hum. Res. Code Ann. § 245.151 (d). With the certification, B.”
— Tex. Hum. Res. Code § 245.151(c) — 1 case
Moon, Cameron, 451 S.W.3d 28 (Tex. Crim. App. 2014).
“151(c) (the Texas Juvenile Justice Department "shall transfer” an adjudicated juvenile offender "to the custody of the Texas Department of Criminal Justice for the completion of the person’s sentence” when, pursuant to court order under Tex.”
— Tex. Hum. Res. Code § 245.151(d) — 5 cases
in the Matter of J. T. D., a Juv. (Tex. App. 2021).
“had served approximately twenty two months, plus approximately four months of predetention credit, 1 See TEX. HUM. RES. CODE ANN. § 245.151(d), (e) (West 2013).”
— Tex. Hum. Res. Code § 245.151(e) — 2 cases
in the Matter of K.T., a Juv. (Tex. App. 2022).
“3d at 855 ) (citing TEX. HUM. RES. CODE ANN. § 245.151(e))). As of the date of the transfer order, K.”
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