Bill Text: TX HB1144 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to establishing a task force to examine the adjudication, disposition, and registration of juvenile sex offenders.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-06-17 - Effective immediately [HB1144 Detail]

Download: Texas-2015-HB1144-Enrolled.html

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H.B. No. 1144

AN ACT
relating to establishing a task force to examine the adjudication,
disposition, and registration of juvenile sex offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. TASK FORCE ON IMPROVING OUTCOMES FOR JUVENILES
ADJUDICATED OF SEXUAL OFFENSES. (a) In this Act:
(1) "Juvenile sex offender" means a person subject to
the jurisdiction of a juvenile court for conduct that constitutes
an offense for which registration as a sex offender is required
under Chapter 62, Code of Criminal Procedure.
(2) "Task force" means the Task Force on Improving
Outcomes for Juveniles Adjudicated of Sexual Offenses.
(b) The Task Force on Improving Outcomes for Juveniles
Adjudicated of Sexual Offenses is established. The purpose of the
task force is to make policy recommendations to improve the
outcomes for juvenile sex offenders after studying:
(1) the adjudication and disposition processes and
programs for juvenile sex offenders;
(2) counseling, mental health, or other services
provided by the state or local juvenile probation departments to
juvenile sex offenders;
(3) the sex offender registration process for
juveniles; and
(4) any other issue related to improving the outcomes
for juvenile sex offenders.
(c) The task force is composed of the following members:
(1) the executive director of the Texas Juvenile
Justice Department or the executive director's designee;
(2) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(3) one representative designated by the Crime Records
Service of the Department of Public Safety who has experience with
the department's sex offender registry;
(4) one representative designated by the Council on
Sex Offender Treatment;
(5) one representative designated by Children's
Advocacy Centers of Texas;
(6) one representative designated by the Texas
Association for the Protection of Children;
(7) one representative designated by Texans Care for
Children;
(8) one private provider of juvenile sex offender
treatment from a rural county and one private provider of juvenile
sex offender treatment from an urban county, appointed by the
governor;
(9) one judge from a rural county and one judge from an
urban county, appointed by the governor;
(10) one law enforcement official from a rural county
and one law enforcement official from an urban county, appointed by
the governor;
(11) one prosecutor from a rural county and one
prosecutor from an urban county, appointed by the governor;
(12) one juvenile probation officer from a rural
county and one juvenile probation officer from an urban county,
appointed by the governor;
(13) one juvenile public defender from a rural county
and one juvenile public defender from an urban county, appointed by
the governor; and
(14) one academic researcher from an accredited
university who specializes in juvenile justice, appointed by the
governor.
(d) The governor shall designate a member of the task force
to serve as presiding officer.
(e) The presiding officer may designate additional experts
to serve as advisors to the task force.
(f) A person designated to make an appointment of a member
of the task force shall make the appointment not later than the 60th
day after the effective date of this Act. The designated person
shall fill a vacancy in the task force or a vacancy in the position
of presiding officer of the task force by the appointment of another
person with the same qualifications as the original appointee.
(g) The presiding officer shall call the initial meeting of
the task force on or before December 1, 2015. The task force shall
meet at the times and places that the presiding officer determines
are appropriate.
(h) A member of the task force is not entitled to
compensation but may receive reimbursement for the member's actual
and necessary expenses incurred in attending meetings of the task
force and performing other official duties authorized by the
presiding officer of the task force, if funding is available.
(i) The task force may request meeting facilities, data,
clerical assistance, and other assistance from any department,
agency, institution, office, or political subdivision of this
state.
(j) The task force may consult with any relevant experts and
stakeholders, including:
(1) juvenile sex offenders;
(2) family members of juvenile sex offenders;
(3) mental health experts;
(4) public school district administrators; and
(5) higher education administrators.
(k) State funds may not be appropriated for purposes of the
task force. The task force may apply for, receive, and accept
grants of funds or other contributions as appropriate to assist in
the performance of its duties. The task force may contract for
consultants or technical assistance.
(l) The task force is not subject to Chapter 2110,
Government Code.
SECTION 2. DUTIES OF TASK FORCE. (a) The task force shall:
(1) solicit and review information and hear testimony
relevant to the purposes of the task force from individuals, state
and local agencies, community-based organizations, and other
public and private organizations;
(2) review the adjudication and disposition processes
and programs for juvenile sex offenders, including:
(A) the consistency in adjudication and
disposition processes across the state;
(B) the training provided to judges, law
enforcement officers, parole and probation officers, and other
juvenile service providers on the differences between juvenile and
adult sex offenders regarding the potential for rehabilitation
through treatment; and
(C) training provided to judges, law enforcement
officers, parole and probation officers, and other juvenile service
providers regarding the most effective way to protect the community
by reducing recidivism rates among juvenile sex offenders;
(3) review juvenile sex offender registration,
including:
(A) the effectiveness of juvenile sex offender
registration in reducing recidivism rates;
(B) statistical information regarding juveniles
required to register as sex offenders;
(C) the impact of juvenile sex offender
registration on a juvenile, including a juvenile's ability to
access education, obtain housing, and gain employment; and
(D) the impact of labeling a juvenile as a
juvenile sex offender on the family of the juvenile;
(4) review counseling, mental health, or other
services provided to juvenile sex offenders, including:
(A) the effectiveness of the services in the
rehabilitation of juvenile sex offenders and the reduction of
recidivism rates; and
(B) the current shortage of juvenile sex offender
service providers; and
(5) review statistical information regarding the
frequency of juvenile sex offenders being victims of abuse or
neglect or witnesses to family violence.
(b) The task force shall adopt rules necessary to fulfill
the task force's duties under this Act.
SECTION 3. REPORT. (a) The task force shall prepare a
report that includes:
(1) a description of the activities of the task force;
(2) the findings and recommendations of the task
force, including proposed policy recommendations related to:
(A) the provision of coordinated support
services to juvenile sex offenders; and
(B) the most effective strategy to reduce
recidivism rates and improve outcomes for juvenile sex offenders;
and
(3) any related proposals for legislation or other
matters the task force considers appropriate.
(b) Not later than December 1, 2016, the task force shall
deliver the report of the task force's findings and recommendations
to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the standing committees of each house of the
legislature with primary jurisdiction over criminal justice
matters;
(5) the executive director of the Texas Department of
Criminal Justice;
(6) the executive director of the Texas Juvenile
Justice Department;
(7) each state agency and nonprofit organization
represented on the task force; and
(8) any other appropriate agency of this state.
SECTION 4. EXPIRATION. The task force is abolished and this
Act expires September 1, 2017.
SECTION 5. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1144 was passed by the House on May
15, 2015, by the following vote: Yeas 119, Nays 20, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1144 was passed by the Senate on May
25, 2015, by the following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor