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A BILL TO BE ENTITLED
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AN ACT
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relating to the commitment of juveniles in post-adjudication secure |
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correctional facilities operated by the Texas Juvenile Justice |
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Department and by local probation departments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.04(d), Family Code, is amended to |
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read as follows: |
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(d) If the court or jury makes the finding specified in |
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Subsection (c) allowing the court to make a disposition in the case: |
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(1) the court or jury may, in addition to any order |
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required or authorized under Section 54.041 or 54.042, place the |
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child on probation on such reasonable and lawful terms as the court |
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may determine: |
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(A) in the child's own home or in the custody of a |
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relative or other fit person; or |
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(B) subject to the finding under Subsection (c) |
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on the placement of the child outside the child's home, in: |
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(i) a suitable foster home; |
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(ii) a suitable public or private |
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residential treatment facility licensed by a state governmental |
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entity or exempted from licensure by state law, except a facility |
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operated by the Texas Juvenile Justice Department; or |
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(iii) a suitable public or private |
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post-adjudication secure correctional facility that meets the |
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requirements of Section 51.125, except a facility operated by the |
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Texas Juvenile Justice Department; |
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(2) if the court or jury found at the conclusion of the |
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adjudication hearing that the child engaged in delinquent conduct |
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that violates a penal law of this state or the United States of the |
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grade of felony, the court or jury made a special commitment finding |
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under Section 54.04013, and [if] the petition was not approved by |
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the grand jury under Section 53.045, the court may commit the child |
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to the Texas Juvenile Justice Department under Section 54.04013, or |
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a post-adjudication secure correctional facility under Section |
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54.04011(c)(1), as applicable, without a determinate sentence; |
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(3) if the court or jury found at the conclusion of the |
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adjudication hearing that the child engaged in delinquent conduct |
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that included a violation of a penal law listed in Section 53.045(a) |
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and if the petition was approved by the grand jury under Section |
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53.045, the court or jury may sentence the child to commitment in |
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the Texas Juvenile Justice Department or a post-adjudication secure |
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correctional facility under Section 54.04011(c)(2) with a possible |
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transfer to the Texas Department of Criminal Justice for a term of: |
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(A) not more than 40 years if the conduct |
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constitutes: |
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(i) a capital felony; |
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(ii) a felony of the first degree; or |
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(iii) an aggravated controlled substance |
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felony; |
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(B) not more than 20 years if the conduct |
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constitutes a felony of the second degree; or |
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(C) not more than 10 years if the conduct |
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constitutes a felony of the third degree; |
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(4) the court may assign the child an appropriate |
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sanction level and sanctions as provided by the assignment |
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guidelines in Section 59.003; |
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(5) the court may place the child in a suitable |
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nonsecure correctional facility that is registered and meets the |
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applicable standards for the facility as provided by Section |
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51.126; or |
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(6) if applicable, the court or jury may make a |
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disposition under Subsection (m) or Section 54.04011(c)(2)(A). |
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SECTION 2. Chapter 54, Family Code, is amended by adding |
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Section 54.04013 to read as follows: |
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Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE |
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DEPARTMENT. Notwithstanding any other provision of this code, |
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after a disposition hearing held in accordance with Section 54.04, |
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the juvenile court may commit a child who is found to have engaged |
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in delinquent conduct that constitutes a felony offense to the |
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Texas Juvenile Justice Department without a determinate sentence if |
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the court makes a special commitment finding that the child has |
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behavioral health or other special needs that cannot be met with the |
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resources available in the community, as documented in a validated |
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needs assessment conducted by the juvenile probation department |
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serving the court. |
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SECTION 3. Chapter 203, Human Resources Code, is amended by |
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adding Sections 203.017 and 203.018 to read as follows: |
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Sec. 203.017. REGIONALIZATION PLAN. (a) The department |
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shall develop and the board shall adopt a regionalization plan for |
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keeping children closer to home in lieu of commitment to the secure |
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facilities operated by the department under Subtitle C. |
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(b) The department shall consult with juvenile probation |
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departments to identify post-adjudication facility capacity that |
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may be dedicated to support the regionalization plan. |
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(c) The regionalization plan must define regions of the |
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state to be served by facilities operated by juvenile probation |
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departments, counties, or private operators, based on the |
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post-adjudication facilities identified as being available for the |
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purpose of the plan. |
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(d) The department shall ensure that each region has |
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defined, appropriate, research-based programs for the target |
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populations under the regionalization plan. |
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(e) The regionalization plan must: |
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(1) include a budget review, redirection of staff, and |
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funding mechanisms necessary to support the plan; and |
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(2) create a new division of the department |
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responsible for administering the regionalization plan and |
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monitoring program quality and accountability. |
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(f) The division created under Subsection (e)(2) shall: |
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(1) approve plans and related protocols to administer |
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the developed regional model; |
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(2) provide training on best practices for all local |
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probation departments affected by the regionalization plan; |
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(3) assist in research-based program development; |
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(4) monitor contract and program measures for the |
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developed regional model; |
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(5) analyze department data to provide clear guidance |
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to local probation departments on outcome measures; and |
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(6) report on performance of specific programs and |
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placements to assist in implementing best practices and maximize |
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the impact of state funds. |
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(g) A region is eligible for funding to support |
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evidence-based, intensive in-home services only if the region meets |
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the performance standards established by the department and adopted |
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in contracts for placement and services. |
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(h) The department shall adopt rules to allow the local |
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probation departments implementing the regionalization plan to |
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access the data submitted by those departments in the state |
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juvenile case management system for planning and research purposes. |
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Sec. 203.018. SPECIALIZED PROGRAMS AND SPECIAL PROJECTS. |
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(a) The department shall develop specialized programs for |
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children with a determinate sentence and children committed under |
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Section 54.04013, Family Code. The programs must ensure safety and |
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security for committed children and provide developmentally |
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appropriate program strategies. |
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(b) The department shall establish performance-based goals |
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related to improved outcomes that: |
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(1) must include measures to reduce recidivism; and |
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(2) may include other well-being outcome measures. |
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(c) The department shall use case review strategies to |
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identify children in department facilities who can safely and |
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appropriately be transferred to alternative local placements or |
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halfway houses, placed on probation or parole, or otherwise |
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released under supervision. |
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(d) The department shall study and report to the board on |
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the potential for repurposing existing secure facilities for the |
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confinement of children with a determinate sentence or children |
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committed under Section 54.04013, Family Code, or for other |
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purposes. |
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SECTION 4. Section 223.001, Human Resources Code, is |
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amended to read as follows: |
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Sec. 223.001. DETERMINATION OF AMOUNT OF STATE AID. |
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(a) The department shall annually allocate funds for financial |
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assistance to juvenile boards to provide juvenile services |
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according to current estimates of the number of juveniles in each |
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county, a basic probation funding formula for departments that |
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clearly defines what basic probation entails and which services are |
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provided, and other factors the department determines are |
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appropriate. |
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(b) The legislature may appropriate the amount of state aid |
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necessary to supplement local funds to maintain and improve |
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statewide juvenile services that comply with department standards |
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and to initiate the regionalization plan under Section 203.017 so |
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that savings are generated by decreases in the population of |
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department facilities operated under Subtitle C. |
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(c) The department shall [may] set aside a portion of the |
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funds appropriated to the department for discretionary state aid to |
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fund programs designed to address special needs or projects of |
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local juvenile boards, including projects dedicated to specific |
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target populations based on risk and needs, and with established |
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recidivism reduction goals. The department shall develop |
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discretionary grant funding protocols based on documented, |
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data-driven, and research-based practices. |
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(d) The department shall reimburse counties for the |
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placement of children in the regional specialized program at a rate |
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that offers a savings to the state in relation to the average cost |
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per day for confining a child in a department facility operated |
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under Subtitle C. |
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SECTION 5. Section 261.101(e), Human Resources Code, is |
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amended to read as follows: |
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(e) Notwithstanding any other provision of this chapter, |
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the powers of the office are limited to: |
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(1) facilities operated and services provided by the |
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department under Subtitle C; |
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(2) post-adjudication correctional facilities under |
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Section 51.125, Family Code; and |
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(3) the investigation of complaints alleging a |
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violation of the rights of the children committed to a facility |
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described by Subdivision (2). |
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SECTION 6. The changes in law made by Section 54.04(d), |
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Family Code, as amended by this Act, and Section 54.04013, Family |
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Code, as added by this Act, apply only to conduct that occurs on or |
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after September 1, 2017. Conduct that occurs before September 1, |
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2017, is governed by the law in effect when the conduct occurred, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, conduct occurs before September 1, 2017, |
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if any element of the conduct occurs before that date. |
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SECTION 7. This Act takes effect September 1, 2015. |
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* * * * * |