A bill that just passed the Texas Senate is drawing fierce criticism from youth justice advocates, who warn it would worsen conditions for incarcerated children and increase the number of minors sent to adult prisons.
Senate Bill 1727 (SB 1727), the Senate companion to House Bill 3360, would give the Texas Juvenile Justice Department (TJJD) expanded authority to transfer youth to the adult prison system and lengthen sentences for juveniles.
The Texas Civil Rights Project (TCRP) condemned the legislation in a statement this week, calling it “dangerous and misguided” and urging House lawmakers to reject it. “This bill doubles down on cruelty by funneling more kids into the adult prison system,” said Alycia Castillo, TCRP’s Associate Director of Policy. “Instead of addressing the ongoing abuses in the system … lawmakers are treating youth as disposable rather than recognizing their capacity for change.”
Among the concerns highlighted by TCRP are provisions in SB 1727 that would allow for more determinate sentencing, lower the threshold for classifying children as habitual felony offenders, and limit judges’ discretion to assign rehabilitative rather than punitive consequences.
Recent reporting by The Texas Tribune provides context for the growing debate. The Tribune detailed how TJJD, overwhelmed by staffing shortages and a rising number of violent incidents, has increasingly sought to move what it describes as its “most troubled” youth into the adult prison system. In 2022, TJJD transferred 51 youth into Texas Department of Criminal Justice (TDCJ) facilities, up from 29 the year before. A dozen of those transferred were under 18 years old.
The transfers are meant, according to TJJD officials, to separate the most violent or disruptive youth from others who may still benefit from rehabilitation programs.
“The thought was how can we get these 10% of kids out of population, so the kids who are doing well and are being rehabilitated aren’t being swept in with the kids who are assaulting staff, assaulting kids,” Jack Choate, executive director of Texas’ Special Prosecution Unit, told The Texas Tribune.
But critics argue the transfers often include vulnerable children—such as those with severe mental illness or histories of trauma—who are least equipped to survive adult prison conditions.
One such case, was that of Joshua Keith Beasley Jr., who entered the juvenile system at age 11 and died by suicide at 17 after being transferred to an adult facility. Beasley, who had a history of mental illness and self-harm, was hospitalized at least 12 times in TJJD custody before his transfer. Seven TDCJ employees are facing termination for allegedly failing to properly monitor him in his final hours.
“For kids that are experiencing such a level of destabilization that they are incredibly violent, they should be in the most intensive services,” Castillo, who prior to joining TCRP was the Policy Director at Texas Center for Justice and Equity, toldThe Texas Tribune. “But instead you see kids like Joshua.”
The TCRP represents Beasley’s family in an ongoing lawsuit against the state.
Meanwhile, facilities within TJJD have been plagued with severe understaffing, reports of abuse, and widespread incidents of youth being confined in cells for up to 23 hours a day, sometimes without access to toilets. These conditions, TCRP says, are “unconstitutional” and underscore why the solution should be reform, not expansion of punitive powers.
“As we fight to ensure no children have to endure the conditions of TJJD, we know that for many children the conditions of TDCJ would be even worse,” said Castillo.
As SB 1727 moves to the Texas House for consideration, the Texas Civil Rights Project and other advocacy organizations are urging lawmakers to reject the legislation and instead invest in true rehabilitative programs.
One such case, extensively reported by The Texas Tribune, was that of Joshua Keith Beasley Jr., who entered the juvenile system at age 11 and died by suicide at 17 after being transferred to an adult facility. Beasley, who had a history of mental illness and self-harm, was hospitalized at least 12 times in TJJD custody before his transfer. Seven TDCJ employees are facing termination for allegedly failing to properly monitor him in his final hours.
“For kids that are experiencing such a level of destabilization that they are incredibly violent, they should be in the most intensive services,” Castillo, who was also the prior Policy Director at Texas Center for Justice and Equity, told The Texas Tribune. “But instead you see kids like Joshua.”
As SB 1727 moves to the Texas House for consideration, the Texas Civil Rights Project and other advocacy organizations are urging lawmakers to reject the legislation and instead invest in true rehabilitative programs.
