Why are 19 and 20 year-old sentenced offenders still incarcerated now that SB 103 has taken effect requiring TYC to release youth before they turn 19?
While Senate Bill 103 was enacted with the intent to reduce the age of the TYC population to those offenders under the age of 19 years, it was not made retroactive. TYC continues to serve youth committed to TYC prior to the effective date of SB 103. TYC and representatives from the Attorney General’s Office are reviewing these cases to make determinations whether the youth will be transferred to parole or whether the agency will make recommendations to the court requesting these youth be placed in adult prison. Since these youth, under Texas juvenile laws, have legally not been convicted of crimes, rather they have been adjudicated delinquent of offenses, any request made by TYC to have a youth transferred to prison must go before a judge for a decision in order to preserve the youth’s due process rights.
