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Juvenile Probation
Pursuant to Chapter 152 of the Texas Human
Resources Code Annotated, every county has a local Juvenile Board that
administers local juvenile probation departments. While these boards operate
locally, they operate according to standards set by the Texas Juvenile
Probation Commission. These local Boards are typically made up of all district
court judges, county court judges, and some non-judicial members in some
instances, but it varies depending on the specific statute for each county.
Juvenile Boards administer probation services, secure detention,
post-adjudication, and some aftercare services.
Juvenile probation officers do
not carry a firearm. They are not classified as peace officers; but can take a
juvenile into custody for a probation violation.
There is a statute that
prohibits juvenile probation officers from carrying a firearm. At the time of the survey,
bills had been filed in the last three legislative sessions that would have
authorized juvenile probation offices to carry firearms in the course of their
duties if authorized to do so by their Juvenile Board. This would replace the
blanket prohibition that currently exists in statute. To be eligible to carry
firearms under the bills the probation officer would also have to complete a
firearms proficiency course approved by another state agency, the Texas
Commission on Law Enforcement Standards and Education. The bills have failed
passage each time.
There are no private companies providing juvenile
probation supervision services.
Juvenile Parole
The Texas Youth Commission (TYC), within the
Executive Branch of state government, operates a parole system for youth
released from residential programs. TYC employs parole officers and contracts
with other governmental entities for supervision of youth in the community.
Juvenile parole officers do not carry a firearm. They
are not classified as peace officers and do not have the power to arrest. TYC
has three escape apprehension specialists who are peace officers and can
arrest, but do not supervise parolees.
There is a state law that prohibits a weapon on state
property.
At the time of the survey, it was not under
consideration to allow juvenile parole officers to carry a firearm.
TYC
contracts with local county juvenile probation departments for supervision of
paroled youth in rural counties, which are too costly for agency, parole
officers to serve. TYC parole officers focus on the 14 major metropolitan and
city areas. Two private contracts currently exist in rural counties that the
juvenile probation department elects not to serve.
Adult Probation
In Texas, 121 local probation
departments, known as Community Supervision and Corrections Departments
(CSCDs), deliver adult felony and misdemeanor probation services in the 254
counties. Some departments serve only one county, while others serve multiple
counties. All departments are considered local and judicial. The Chief
Probation Officer (CPO) in these departments is responsible to the
administrative judge of the judicial district(s) served by the department.
Fifteen of these CSCDs manage both adult and juvenile probation. In the
remaining jurisdictions of the state, separate local juvenile probation
departments operate under the local judiciary.
Local jurisdictions determine if
an officer carries a firearm. In some of the counties, the officers carry a
firearm. They are not classified as peace officers. Under the direction of the
court, officers have limited powers of arrest. Texas firearm policy was
instituted in 1997.
The Texas Commission on Law Enforcement Officer
Standards and Education (TCLEOS) provides firearm training. Only those officers
who carry are required to complete the training. Prior to being allowed to
carry a firearm, an officer must have completed a firearms training program and
have been issued
a certificate of firearms proficiency by TCLEOS. A periodic proficiency test,
and documentation of training shall be done on a yearly basis in addition to
the required TCLEOS certificate.
An officer must be examined by a
licensed psychologist or psychiatrist and be declared in writing by the
psychologist or psychiatrist to be in satisfactory psychological and emotional
health to be the type of officer for which a certificate of firearms
proficiency is sought.
The officers are required to
carry double action revolvers or semi-automatic pistols. Barrel length must be
between 2 to 5. Approved calibers are: 9mm, .38 caliber, .357 caliber, .40
caliber, 10mm, and .45 caliber. The officer provides the firearm.
At the time of the survey, there
were no private companies providing adult probation supervision services.
Adult Parole
Within the Executive Branch of
government, the Department of Criminal Justice, Parole Division manages adult
parole supervision.
Adult parole officers do carry a
firearm although it is not mandatory. They are not classified as peace officers
and do not have the power to arrest. Texas firearm policy was instituted in
1997.
The Texas Commission on Law
Enforcement Officer Standards & Education provides firearm education and
training. Officers undergo psychological testing prior to being allowed to
carry a firearm. All officers are required to take the 24-hour training, which
familiarizes the officers with firearms. For officers who want
to carry a firearm and become certified, they must proficiently complete the
40-hour firearms training. Officers are required to be certified every two
years and receive annual range firing re-qualification.
They are required to carry a
variety of calibers, such as, .357 caliber, .38 caliber, .380 caliber, 9mm,
10mm, .40 caliber, and .45 caliber. The officer provides the firearm.
There are no private companies
that provide adult parole supervision.
For updates or corrections to the information on this page, please
contact:
Diane Kincaid
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