Bill Text: TX HB3176 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the creation of a youthful offender pilot court program.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-04-19 - Committee report sent to Calendars [HB3176 Detail]
Download: Texas-2023-HB3176-Comm_Sub.html
88R13519 SHH-D | ||
By: Wu, Reynolds, Thompson of Harris, Moody | H.B. No. 3176 |
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relating to the creation of a youthful offender pilot court | ||
program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle K, Title 2, Government Code, is amended | ||
by adding Chapter 127 to read as follows: | ||
CHAPTER 127. YOUTHFUL OFFENDER PILOT COURT PROGRAM | ||
Sec. 127.001. YOUTHFUL OFFENDER PILOT COURT PROGRAM; | ||
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youthful | ||
offender pilot court program" means a program that has the | ||
following essential characteristics: | ||
(1) the integration of services in the processing of | ||
cases in the judicial system; | ||
(2) the use of a nonadversarial approach involving | ||
prosecutors and defense attorneys to promote public safety and to | ||
protect the due process rights of program participants; | ||
(3) early identification and prompt placement of | ||
eligible participants in the program; | ||
(4) access to a continuum of counseling, mental | ||
health, alcohol, controlled substance, and other related treatment | ||
and rehabilitative services; | ||
(5) careful monitoring of treatment and services | ||
provided to program participants; | ||
(6) a coordinated strategy to govern program responses | ||
to participants' compliance; | ||
(7) ongoing judicial interaction with program | ||
participants; | ||
(8) monitoring and evaluation of program goals and | ||
effectiveness; | ||
(9) continuing interdisciplinary education to promote | ||
effective program planning, implementation, and operations; | ||
(10) development of partnerships with public agencies | ||
and community organizations; and | ||
(11) inclusion of a participant's family members who | ||
agree to be involved in the treatment and services provided to the | ||
participant under the program. | ||
(b) If a defendant successfully completes a youthful | ||
offender pilot court program, after notice to the attorney | ||
representing the state and a hearing in the youthful offender pilot | ||
court at which that court determines that a dismissal is in the best | ||
interest of justice, the court in which the criminal case is pending | ||
shall dismiss the case against the defendant. | ||
Sec. 127.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. | ||
(a) The commissioners court of a county may establish a youthful | ||
offender pilot court program for persons arrested for or charged | ||
with an offense that is punishable as a felony, other than an | ||
offense listed in Article 42A.054(a), Code of Criminal Procedure. | ||
(b) A defendant is eligible to participate in the youthful | ||
offender pilot court program established under this chapter only if | ||
the defendant was at least 17 years of age but younger than 22 years | ||
of age at the time of the offense. | ||
(c) The court in which the criminal case is pending shall | ||
allow an eligible defendant to choose whether to proceed through | ||
the youthful offender pilot court program or otherwise through the | ||
criminal justice system. | ||
Sec. 127.003. DUTIES OF YOUTHFUL OFFENDER PILOT COURT | ||
PROGRAM. (a) A youthful offender pilot court program established | ||
under this chapter must: | ||
(1) ensure that a defendant eligible for participation | ||
in the program is provided legal counsel before electing to proceed | ||
through the program and while participating in the program; | ||
(2) allow a participant to withdraw from the program | ||
at any time before a trial on the merits has been initiated; and | ||
(3) provide a participant with a court-ordered | ||
individualized plan indicating the services that will be provided | ||
to the participant. | ||
(b) A youthful offender pilot court program established | ||
under this chapter shall make, establish, and publish local | ||
procedures to ensure maximum participation of eligible defendants | ||
in the program. | ||
(c) A youthful offender pilot court program may allow a | ||
participant to comply with the participant's court-ordered | ||
individualized plan or to fulfill certain other court obligations | ||
through the use of videoconferencing software or other | ||
Internet-based communications. | ||
Sec. 127.004. REPORT. Not later than December 1, 2024, the | ||
commissioners court of a county that establishes a youthful | ||
offender pilot court program under this chapter shall submit a | ||
report to the governor, the lieutenant governor, the speaker of the | ||
house of representatives, and the standing committees of the | ||
legislature with primary jurisdiction over criminal justice | ||
matters, regarding the effectiveness of the program at enhancing | ||
judicial compliance and decreasing recidivism of youthful | ||
offenders. The report must include the commissioners court's | ||
recommendation on whether the program should be continued. | ||
Sec. 127.005. EXPIRATION. This chapter expires September | ||
1, 2025. | ||
SECTION 2. This Act takes effect September 1, 2023. |