Texas Family Code 52.031 – First Offender Program
(a) A juvenile board may establish a first offender program under this section for the referral and disposition of children taken into custody, or accused prior to the filing of a criminal charge, of:
(1) conduct indicating a need for supervision;
(2) a Class C misdemeanor, other than a traffic offense; or
(3) delinquent conduct other than conduct that constitutes:
(A) a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or
(B) a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, location-restricted knife, or club, as those terms are defined by § 46.01, Penal Code, or a prohibited weapon, as described by § 46.05, Penal Code.
(a-1) A child accused of a Class C misdemeanor, other than a traffic offense, may be referred to a first offender program established under this section prior to the filing of a complaint with a criminal court.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Capital felony | up to life | up to $ |
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Family Code 52.031
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(b) Each juvenile board in the county in which a first offender program is established shall designate one or more law enforcement officers and agencies, which may be law enforcement agencies, to process a child under the first offender program.
(c) The disposition of a child under the first offender program may not take place until guidelines for the disposition have been adopted by the juvenile board of the county in which the disposition is made as required by § 52.032.