DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention
Texas lawmakers took steps in opposite directions toward solving a crisis in state juvenile detention centers, after all five lockups operated by the state Juvenile Justice Department (TJJD) were found to be violating the civil rights of youthful offenders by the federal Department of Justice (DOJ). In response, state Sen. Charles Perry (R-Lubbock) introduced legislation on February 27, 2025, which would lower the age at which teens may be sent to an adult state prison. Five days later, during a hearing on March 4, 2025, state Rep. Gene Wu (D-Houston), vice-chair of the House Criminal Jurisprudence Committee, dressed down TJJD officials for “treat[ing] this report like it’s nothing.”
The DOJ report, released on August 1, 2024, summarized the results of an investigation that began in October 2021. It found that the 720 or so youth offenders incarcerated by the TJJD were subject to excessive force, sexual predation and overlong periods of isolation. Investigators documented excessive pepper sprayings and a “dysfunctional grievance system,” along with a dearth of programming. “Children in TJJD’s secure facilities are exposed to conditions that cause serious and lasting physical, mental, and emotional harm,” the report stated. See: Investigation of the Texas Juv. Justice Dep’t, DOJ (Aug. 2024).
At their hearing the following March, TJJD Deputy Director Sean Grove told Criminal Jurisprudence Committee members that he disputed whether any finding rose to the level of a constitutional violation. “That really is the crux of the disagreement,” he said. Responded state Rep. Jolanda Jones (D-Houston), “If people are giving you constructive criticism, maybe you should listen and not be defensive.”
TJJD Ombudsman Sean McCleskey agreed that there was a rise in violence at the agency’s detention centers, but he attributed it to youth offenders assaulting guards and other staff. To that Jones replied: “If somebody knocks me in my head a lot, and the grown ups won’t protect me, eventually I’m going to knock them out.”
“Let’s be clear,” she continued, “that’s human behavior. If adults don’t protect kids, kids are going to act out.”
Supporters of SB 1727 weren’t buying that, though. The proposed law would let 15-year-olds be sent to adult prisons operated by the state Department of Criminal Justice (TDCJ). It was filed after several assaults on TJJD staff by youth offenders; the agency counted 143 between September 1 and November 30, 2024. It would create something similar to the state’s “three-strikes” sentencing enhancement for adult prisoners. It would also increase the number of TDCJ prisoners under 18, of which there were 29 on May 1, 2025.
Perry’s bill died during the legislative session that ended in June 2025. But it could be brought back at the next regular session in 2026, or at a special session called by Gov. Greg Abbott (R) which was slated to begin in July 2025.
Additional sources: KERA, Texas Tribune
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