S.B. No. 1630

	AN ACT
	relating to the commitment of juveniles in post-adjudication secure
	correctional facilities operated by the Texas Juvenile Justice
	Department and by local probation departments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 54.04(d), Family Code, is amended to
	read as follows:
	(d)  If the court or jury makes the finding specified in
	Subsection (c) allowing the court to make a disposition in the case:
	(1)  the court or jury may, in addition to any order
	required or authorized under Section 54.041 or 54.042, place the
	child on probation on such reasonable and lawful terms as the court
	may determine:
	(A)  in the child's own home or in the custody of a
	relative or other fit person; or
	(B)  subject to the finding under Subsection (c)
	on the placement of the child outside the child's home, in:
	(i)  a suitable foster home;
	(ii)  a suitable public or private
	residential treatment facility licensed by a state governmental
	entity or exempted from licensure by state law, except a facility
	operated by the Texas Juvenile Justice Department; or
	(iii)  a suitable public or private
	post-adjudication secure correctional facility that meets the
	requirements of Section 51.125, except a facility operated by the
	Texas Juvenile Justice Department;
	(2)  if the court or jury found at the conclusion of the
	adjudication hearing that the child engaged in delinquent conduct
	that violates a penal law of this state or the United States of the
	grade of felony, the court or jury made a special commitment finding
	under Section 54.04013, and [if] the petition was not approved by
	the grand jury under Section 53.045, the court may commit the child
	to the Texas Juvenile Justice Department under Section 54.04013, or
	a post-adjudication secure correctional facility under Section
	54.04011(c)(1), as applicable, without a determinate sentence;
	(3)  if the court or jury found at the conclusion of the
	adjudication hearing that the child engaged in delinquent conduct
	that included a violation of a penal law listed in Section 53.045(a)
	and if the petition was approved by the grand jury under Section
	53.045, the court or jury may sentence the child to commitment in
	the Texas Juvenile Justice Department or a post-adjudication secure
	correctional facility under Section 54.04011(c)(2) with a possible
	transfer to the Texas Department of Criminal Justice for a term of:
	(A)  not more than 40 years if the conduct
	constitutes:
	(i)  a capital felony;
	(ii)  a felony of the first degree; or
	(iii)  an aggravated controlled substance
	felony;
	(B)  not more than 20 years if the conduct
	constitutes a felony of the second degree; or
	(C)  not more than 10 years if the conduct
	constitutes a felony of the third degree;
	(4)  the court may assign the child an appropriate
	sanction level and sanctions as provided by the assignment
	guidelines in Section 59.003;
	(5)  the court may place the child in a suitable
	nonsecure correctional facility that is registered and meets the
	applicable standards for the facility as provided by Section
	51.126; or
	(6)  if applicable, the court or jury may make a
	disposition under Subsection (m) or Section 54.04011(c)(2)(A).
	SECTION 2.  Chapter 54, Family Code, is amended by adding
	Section 54.04013 to read as follows:
	Sec. 54.04013.  SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
	DEPARTMENT. Notwithstanding any other provision of this code,
	after a disposition hearing held in accordance with Section 54.04,
	the juvenile court may commit a child who is found to have engaged
	in delinquent conduct that constitutes a felony offense to the
	Texas Juvenile Justice Department without a determinate sentence if
	the court makes a special commitment finding that the child has
	behavioral health or other special needs that cannot be met with the
	resources available in the community.  The court should consider
	the findings of a validated risk and needs assessment and the
	findings of any other appropriate professional assessment
	available to the court.
	SECTION 3.  Section 202.010, Human Resources Code, is
	amended to read as follows:
	Sec. 202.010.  SUNSET PROVISION.  The Texas Juvenile
	Justice Board and the Texas Juvenile Justice Department are subject
	to Chapter 325, Government Code (Texas Sunset Act).  Unless
	continued in existence as provided by that chapter, the board and
	the department are abolished September 1, 2021 [2017].
	SECTION 4.  Chapter 203, Human Resources Code, is amended by
	adding Sections 203.017 and 203.018 to read as follows:
	Sec. 203.017.  REGIONALIZATION PLAN. (a)  The department
	shall develop and the board shall adopt a regionalization plan for
	keeping children closer to home in lieu of commitment to the secure
	facilities operated by the department under Subtitle C.
	(b)  The department shall consult with juvenile probation
	departments in developing a regionalization plan, including the
	identification of:
	(1)  post-adjudication facility capacity that may be
	dedicated to support the plan; and
	(2)  resources needed to implement the plan.
	(c)  The regionalization plan must define regions of the
	state to be served by facilities operated by juvenile probation
	departments, counties, halfway houses, or private operators, based
	on the post-adjudication facilities identified as being available
	for the purpose of the plan.
	(d)  The department shall ensure that each region has
	defined, appropriate, research-based programs for the target
	populations under the regionalization plan.
	(e)  The regionalization plan must:
	(1)  include a budget review, redirection of staff, and
	funding mechanisms necessary to support the plan;
	(2)  create a new division of the department
	responsible for administering the regionalization plan and
	monitoring program quality and accountability;
	(3)  include sufficient mechanisms to divert at least:
	(A)  30 juveniles from commitment to secure
	facilities operated by the department for the state fiscal year
	beginning September 1, 2015; and
	(B)  150 juveniles from commitment to secure
	facilities operated by the department for the state fiscal year
	beginning September 1, 2016; and
	(4)  for the state fiscal year beginning September 1,
	2017, and each subsequent state fiscal year, include any savings
	that are generated by the decreases in the population of the secure
	facilities operated by the department under Subtitle C that exceed
	the cost of implementing the plan.
	(f)  The division created under Subsection (e)(2) shall:
	(1)  approve plans and related protocols to administer
	the developed regional model;
	(2)  provide training on best practices for all local
	probation departments affected by the regionalization plan;
	(3)  assist in research-based program development;
	(4)  monitor contract and program measures for the
	regionalization plan;
	(5)  analyze department data to provide clear guidance
	to local probation departments on outcome measures; and
	(6)  report on performance of specific programs and
	placements to assist in implementing best practices and maximize
	the impact of state funds.
	(g)  A region is eligible for funding to support
	evidence-based, intensive in-home services only if the region meets
	the performance standards established by the department and adopted
	in contracts for placement and services.
	(h)  The department shall adopt rules to allow the local
	probation departments implementing the regionalization plan to
	access the data submitted by those departments in the state
	juvenile case management system for planning and research purposes.
	(i)  The regionalization plan developed under this section
	must be finalized not later than August 31, 2016.
	(j)  For the state fiscal years beginning September 1, 2015,
	and September 1, 2016, the legislature shall appropriate funds
	necessary to develop and initiate the implementation of the
	regionalization plan.  Funds appropriated for this purpose may not
	be offset by projected savings generated by the decreases in the
	population of the secure facilities operated by the department
	under Subtitle C.  This subsection and Subsection (i) expire
	September 1, 2017.
	Sec. 203.018.  SPECIALIZED PROGRAMS AND SPECIAL PROJECTS.
	(a)  The department shall develop specialized programs for
	children with a determinate sentence and children committed under
	Section 54.04013, Family Code.  The programs must ensure safety and
	security for committed children and provide developmentally
	appropriate program strategies.
	(b)  The department shall establish performance-based goals
	related to improved outcomes that:
	(1)  must include measures to reduce recidivism; and
	(2)  shall include other well-being outcome measures.
	(c)  The department shall use case review strategies to
	identify children in department facilities who can safely and
	appropriately be transferred to alternative local placements or
	halfway houses, placed on parole, or discharged from the
	department.
	(d)  The department shall study and report to the board on
	the potential for repurposing existing secure facilities for the
	confinement of children with a determinate sentence or children
	committed under Section 54.04013, Family Code, or for other
	purposes.
	(e)  The department or any local probation department may not
	use or contract with a facility that was constructed or previously
	used for the confinement of adult offenders.
	SECTION 5.  Section 221.003, Human Resources Code, is
	amended by adding Subsection (b-1) to read as follows:
	(b-1)  Any risk and needs assessment instrument or process
	that is provided or approved by the department for a juvenile
	probation department to use under Subsection (b) must be a
	validated instrument or process.
	SECTION 6.  Section 223.001, Human Resources Code, is
	amended to read as follows:
	Sec. 223.001.  DETERMINATION OF AMOUNT OF STATE AID.
	(a)  The department shall annually allocate funds for financial
	assistance to juvenile boards to provide juvenile services
	according to current estimates of the number of juveniles in each
	county, a basic probation funding formula for departments that
	clearly defines what basic probation entails and which services are
	provided, and other factors the department determines are
	appropriate.
	(b)  The legislature may appropriate the amount of state aid
	necessary to supplement local funds to maintain and improve
	statewide juvenile services that comply with department standards
	and to initiate and support the regionalization plan under Section
	203.017 so that savings are generated by decreases in the
	population of department facilities operated under Subtitle C.
	(c)  The department shall [may] set aside a portion of the
	funds appropriated to the department for discretionary state aid to
	fund programs designed to address special needs or projects of
	local juvenile boards, including projects dedicated to specific
	target populations based on risk and needs, and with established
	recidivism reduction goals.  The department shall develop
	discretionary grant funding protocols based on documented,
	data-driven, and research-based practices.
	(d)  The department shall reimburse counties for the
	placement of children in the regional specialized program at a rate
	that offers a savings to the state in relation to the average cost
	per day for confining a child in a department facility operated
	under Subtitle C.
	(e)  The department may not adversely impact the state aid
	for a juvenile board or a juvenile probation department that does
	not enter into a contract to serve youth from other counties, or
	does not act as a regional facility.
	(f)  A juvenile board or juvenile probation department may
	not be required to accept a child for placement in a
	post-adjudication correctional facility, unless the child is
	subject to an order issued by a juvenile court served by that board
	or department.
	SECTION 7.  Sections 261.101(a) and (e), Human Resources
	Code, are amended to read as follows:
	(a)  The independent ombudsman shall:
	(1)  review the procedures established by the board and
	evaluate the delivery of services to children to ensure that the
	rights of children are fully observed;
	(2)  review complaints filed with the independent
	ombudsman concerning the actions of the department and investigate
	each complaint in which it appears that a child may be in need of
	assistance from the independent ombudsman;
	(3)  conduct investigations of complaints, other than
	complaints alleging criminal behavior, if the office determines
	that:
	(A)  a child committed to the department or the
	child's family may be in need of assistance from the office; or
	(B)  a systemic issue in the department's
	provision of services is raised by a complaint;
	(4)  review or inspect periodically the facilities and
	procedures of any institution or residence in which a child has been
	placed by the department, whether public or private, to ensure that
	the rights of children are fully observed;
	(5)  provide assistance to a child or family who the
	independent ombudsman determines is in need of assistance,
	including advocating with an agency, provider, or other person in
	the best interests of the child;
	(6)  review court orders as necessary to fulfill its
	duties;
	(7)  recommend changes in any procedure relating to the
	treatment of children committed to the department;
	(8)  make appropriate referrals under any of the duties
	and powers listed in this subsection;
	(9)  supervise assistants who are serving as advocates
	in their representation of children committed to the department in
	internal administrative and disciplinary hearings;
	(10)  review reports received by the department
	relating to complaints regarding juvenile probation programs,
	services, or facilities and analyze the data contained in the
	reports to identify trends in complaints; [and]
	(11)  report a possible standards violation by a local
	juvenile probation department to the appropriate division of the
	department; and
	(12)  immediately report the findings of any
	investigation related to the operation of a post-adjudication
	correctional facility in a county to the chief juvenile probation
	officer and the juvenile board of the county.
	(e)  Notwithstanding any other provision of this chapter,
	the powers of the office include:
	(1)  [are limited to] facilities operated and services
	provided by the department under Subtitle C;
	(2)  post-adjudication correctional facilities under
	Section 51.125, Family Code;
	(3)  any other residential facility in which a child
	adjudicated as having engaged in conduct indicating a need for
	supervision or delinquent conduct is placed by court order; and
	(4)  the investigation of complaints alleging a
	violation of the rights of the children placed in a facility
	described by Subdivision (2) or (3).
	SECTION 8.  The changes in law made by Section 54.04(d),
	Family Code, as amended by this Act, and Section 54.04013, Family
	Code, as added by this Act, apply only to conduct that occurs on or
	after September 1, 2017.  Conduct that occurs before September 1,
	2017, is governed by the law in effect when the conduct occurred,
	and the former law is continued in effect for that purpose. For
	purposes of this section, conduct occurs before September 1, 2017,
	if any element of the conduct occurs before that date.
	SECTION 9.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1630 passed the Senate on
	April 14, 2015, by the following vote:  Yeas 31, Nays 0;
	May 28, 2015, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 29, 2015, House
	granted request of the Senate; May 31, 2015, Senate adopted
	Conference Committee Report by the following vote:  Yeas 31,
	Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1630 passed the House, with
	amendments, on May 26, 2015, by the following vote:  Yeas 134,
	Nays 11, two present not voting; May 29, 2015, House granted
	request of the Senate for appointment of Conference Committee;
	May 31, 2015, House adopted Conference Committee Report by the
	following vote:  Yeas 137, Nays 7, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor