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. | ||
