Bill Text: TX SB1149 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the commitment of certain juveniles to local post-adjudication secure correctional facilities in certain counties and to the release under supervision of those juveniles.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - See remarks for effective date [SB1149 Detail]
Download: Texas-2015-SB1149-Comm_Sub.html
Bill Title: Relating to the commitment of certain juveniles to local post-adjudication secure correctional facilities in certain counties and to the release under supervision of those juveniles.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - See remarks for effective date [SB1149 Detail]
Download: Texas-2015-SB1149-Comm_Sub.html
By: Watson | S.B. No. 1149 | |
(In the Senate - Filed March 10, 2015; March 17, 2015, read | ||
first time and referred to Committee on Criminal Justice; | ||
April 20, 2015, reported favorably by the following vote: Yeas 6, | ||
Nays 0; April 20, 2015, sent to printer.) | ||
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relating to the commitment of certain juveniles to local | ||
post-adjudication secure correctional facilities in certain | ||
counties and to the release under supervision of those juveniles. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 51.13(c) and (d), Family Code, are | ||
amended to read as follows: | ||
(c) A child may not be committed or transferred to a penal | ||
institution or other facility used primarily for the execution of | ||
sentences of persons convicted of crime, except: | ||
(1) for temporary detention in a jail or lockup | ||
pending juvenile court hearing or disposition under conditions | ||
meeting the requirements of Section 51.12; | ||
(2) after transfer for prosecution in criminal court | ||
under Section 54.02, unless the juvenile court orders the detention | ||
of the child in a certified juvenile detention facility under | ||
Section 54.02(h); [ |
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(3) after transfer from the Texas Juvenile Justice | ||
Department under Section 245.151(c), Human Resources Code; or | ||
(4) after transfer from a post-adjudication secure | ||
correctional facility under Section 152.00161(c), Human Resources | ||
Code. | ||
(d) An adjudication under Section 54.03 that a child engaged | ||
in conduct that occurred on or after January 1, 1996, and that | ||
constitutes a felony offense resulting in commitment to the Texas | ||
Juvenile Justice Department under Section 54.04(d)(2), (d)(3), or | ||
(m) or 54.05(f) or commitment to a post-adjudication secure | ||
correctional facility under Section 54.04011 for conduct that | ||
occurred on or after December 1, 2013, is a final felony conviction | ||
only for the purposes of Sections 12.42(a), (b), and (c)(1) or | ||
Section 12.425, Penal Code. | ||
SECTION 2. Section 53.045(d), Family Code, is amended to | ||
read as follows: | ||
(d) If the grand jury approves of the petition, the fact of | ||
approval shall be certified to the juvenile court, and the | ||
certification shall be entered in the record of the case. For the | ||
purpose of the transfer of a child to the Texas Department of | ||
Criminal Justice as provided by Section 245.151(c) or 152.00161(c), | ||
Human Resources Code, a juvenile court petition approved by a grand | ||
jury under this section is an indictment presented by the grand | ||
jury. | ||
SECTION 3. Sections 54.11(a), (b), and (d), Family Code, | ||
are amended to read as follows: | ||
(a) On receipt of a referral under Section 244.014(a), Human | ||
Resources Code, for the transfer to the Texas Department of | ||
Criminal Justice of a person committed to the Texas Juvenile | ||
Justice Department under Section 54.04(d)(3), 54.04(m), or | ||
54.05(f), on receipt of a request by the Texas Juvenile Justice | ||
Department under Section 245.051(d), Human Resources Code, for | ||
approval of the release under supervision of a person committed to | ||
the Texas Juvenile Justice Department under Section 54.04(d)(3), | ||
54.04(m), or 54.05(f), or on receipt of a referral under Sections | ||
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set a time and place for a hearing on the possible transfer or | ||
release of the person, as applicable. | ||
(b) The court shall notify the following of the time and | ||
place of the hearing: | ||
(1) the person to be transferred or released under | ||
supervision; | ||
(2) the parents of the person; | ||
(3) any legal custodian of the person, including, as | ||
applicable, the Texas Juvenile Justice Department or a juvenile | ||
probation department under Section 152.0016, Human Resources Code; | ||
(4) the office of the prosecuting attorney that | ||
represented the state in the juvenile delinquency proceedings; | ||
(5) the victim of the offense that was included in the | ||
delinquent conduct that was a ground for the disposition, or a | ||
member of the victim's family; and | ||
(6) any other person who has filed a written request | ||
with the court to be notified of a release hearing with respect to | ||
the person to be transferred or released under supervision. | ||
(d) At a hearing under this section, the court may consider | ||
written reports and supporting documents from probation officers, | ||
professional court employees, professional consultants, [ |
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employees of the Texas Juvenile Justice Department, or employees of | ||
a facility operated under Section 152.0016, Human Resources Code, | ||
in addition to the testimony of witnesses. On or before the fifth | ||
day before the date of the hearing, the court shall provide the | ||
attorney for the person to be transferred or released under | ||
supervision with access to all written matter to be considered by | ||
the court. All written matter is admissible in evidence at the | ||
hearing. | ||
SECTION 4. Section 58.352(a), Family Code, is amended to | ||
read as follows: | ||
(a) A juvenile court judge in a county to which this | ||
subchapter applies shall post a report on the Internet website of | ||
the county in which the court is located. The report must include: | ||
(1) the total number of children committed by the | ||
judge to a correctional facility operated by the Texas Juvenile | ||
Justice Department [ |
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(2) the total number of children committed by the | ||
judge to a facility operated under Section 152.0016, Human | ||
Resources Code, if applicable; and | ||
(3) for each child committed to a facility described | ||
by Subdivision (1) or (2): | ||
(A) a general description of the offense | ||
committed by the child or the conduct of the child that led to the | ||
child's commitment to the facility; | ||
(B) the year the child was committed to the | ||
facility; and | ||
(C) the age range, race, and gender of the child. | ||
SECTION 5. Section 499.053, Government Code, is amended to | ||
read as follows: | ||
Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE | ||
DEPARTMENT OR A POST-ADJUDICATION SECURE CORRECTIONAL FACILITY. | ||
(a) The department shall accept persons transferred to the | ||
department from the Texas Juvenile Justice Department under Section | ||
245.151, Human Resources Code, or a post-adjudication secure | ||
correctional facility under Section 152.00161, Human Resources | ||
Code. | ||
(b) A person transferred to the department from the Texas | ||
Juvenile Justice Department or a post-adjudication secure | ||
correctional facility is entitled to credit on the person's | ||
sentence for the time served in the custody of the Texas Juvenile | ||
Justice Department or the juvenile probation department, as | ||
applicable. | ||
(c) All laws relating to good conduct time and eligibility | ||
for release on parole or mandatory supervision apply to a person | ||
transferred to the department by the Texas Juvenile Justice | ||
Department or a post-adjudication secure correctional facility as | ||
if the time the person was detained in a detention facility and the | ||
time the person served in the custody of the Texas Juvenile Justice | ||
Department or the juvenile probation department was time served in | ||
the custody of the department. | ||
(d) A person transferred from the Texas Juvenile Justice | ||
Department or a post-adjudication secure correctional facility for | ||
the offense of capital murder shall become eligible for parole as | ||
provided in Section 508.145(d) for an offense listed in Section 3g, | ||
Article 42.12, Code of Criminal Procedure, or an offense for which a | ||
deadly weapon finding has been made. | ||
SECTION 6. Section 508.003(c), Government Code, is amended | ||
to read as follows: | ||
(c) The provisions of this chapter not in conflict with | ||
Section 508.156 apply to parole of a person from the Texas Juvenile | ||
Justice Department or a post-adjudication secure correctional | ||
facility [ |
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SECTION 7. Sections 508.156(a), (d), (e), and (f), | ||
Government Code, are amended to read as follows: | ||
(a) Before the release of a person who is transferred under | ||
Section 245.051(c), [ |
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Human Resources Code, to the department for release on parole, a | ||
parole panel shall review the person's records and may interview | ||
the person or any other person the panel considers necessary to | ||
determine the conditions of parole. The panel may impose any | ||
reasonable condition of parole on the person that the panel may | ||
impose on an adult inmate under this chapter. | ||
(d) The period of parole for a person released on parole | ||
under this section is the term for which the person was sentenced | ||
less calendar time served at the Texas Juvenile Justice Department | ||
or in the custody of a juvenile probation department as a result of | ||
a commitment under Section 54.04011(c)(2), Family Code, [ |
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the conduct for which the person was adjudicated. | ||
(e) If a parole panel revokes the person's parole, the panel | ||
may require the person to serve the remaining portion of the | ||
person's sentence in the institutional division. The remaining | ||
portion of the person's sentence is computed without credit for the | ||
time from the date of the person's release to the date of | ||
revocation. The panel may not recommit the person to the Texas | ||
Juvenile Justice Department or to a local juvenile probation | ||
department [ |
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(f) For purposes of this chapter, a person released from the | ||
Texas Juvenile Justice Department or from a local juvenile | ||
probation department [ |
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section is considered to have been convicted of the offense for | ||
which the person has been adjudicated. | ||
SECTION 8. Section 152.0016, Human Resources Code, is | ||
amended to add Subsections (f-1), (f-2), and (g-1) to read as | ||
follows: | ||
(f-1) After a child has completed the established minimum | ||
length of stay, the juvenile board or local juvenile probation | ||
department shall: | ||
(1) discharge the child from the custody of the | ||
juvenile board or local juvenile probation department; | ||
(2) release the child under supervision as provided by | ||
Subsection (c)(2); or | ||
(3) extend the child's length of stay in the custody of | ||
the juvenile board or local juvenile probation department. | ||
(f-2) A child's length of stay may only be extended under | ||
Subsection (f-1)(3) on the basis of clear and convincing evidence | ||
that: | ||
(1) the child is in need of additional rehabilitation | ||
from the local juvenile probation department; and | ||
(2) the post-adjudication secure correctional | ||
facility will provide the most suitable environment for that | ||
rehabilitation. | ||
(g-1) The local juvenile probation department may request | ||
the approval of the court under Subsection (g) at any time. | ||
SECTION 9. Sections 152.0016(h) and (i), Human Resources | ||
Code, are amended to read as follows: | ||
(h) The juvenile board or local juvenile probation | ||
department may release a child who has been committed to a | ||
post-adjudication secure correctional facility with a determinate | ||
sentence under Section 54.04011(c)(2), Family Code, under | ||
supervision without approval of the juvenile court that entered the | ||
order of commitment if not more than nine months remain before the | ||
child's discharge under Section 152.00161(b) [ |
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(i) The juvenile board or local juvenile probation | ||
department may resume the care and custody of any child released | ||
under supervision at any time before the final discharge of the | ||
child in accordance with the rules governing the Texas Juvenile | ||
Justice Department regarding resumption of care. Sections 243.051 | ||
and 245.051(f) are applicable to a child who has been committed to a | ||
post-adjudication secure correctional facility under Section | ||
54.04011(c), Family Code, and who has escaped or broken the | ||
conditions of release under supervision, as applicable. A hearing | ||
examiner who conducts a revocation under this subsection has the | ||
same subpoena authority as provided to a hearing officer at the | ||
Texas Juvenile Justice Department under Section 203.008. | ||
SECTION 10. Subchapter A, Chapter 152, Human Resources | ||
Code, is amended by adding Section 152.00161 to read as follows: | ||
Sec. 152.00161. TERMINATION OF CONTROL. (a) Except as | ||
provided by Subsections (b) and (c), if a person is committed to a | ||
post-adjudication secure correctional facility under a determinate | ||
sentence as provided by Section 54.04011(c)(2), Family Code, the | ||
juvenile board or juvenile probation department may not discharge | ||
the person from its custody. | ||
(b) The juvenile board or juvenile probation department | ||
shall discharge without a court hearing a person committed to the | ||
department for a determinate sentence under Section | ||
54.04011(c)(2), Family Code, who has not been transferred to the | ||
Texas Department of Criminal Justice under a court order on the date | ||
the time spent by the person in detention in connection with the | ||
committing offense plus the time spent in the custody of the | ||
juvenile probation department under the order of commitment equals | ||
the period of the sentence. | ||
(c) The juvenile board or juvenile probation department | ||
shall transfer to the Texas Department of Criminal Justice a person | ||
who is the subject of an order under Section 152.0016(j) | ||
transferring the person to the custody of the Texas Department of | ||
Criminal Justice for the completion of the person's sentence. | ||
(d) Except as provided by Subsection (e), the juvenile board | ||
or juvenile probation department shall discharge from its custody a | ||
person not already discharged on the person's 19th birthday. | ||
(e) The juvenile board or juvenile probation department | ||
shall transfer a person who has been sentenced under a determinate | ||
sentence to commitment as provided by Section 54.04011(c)(2), | ||
Family Code, or who has been returned to the juvenile probation | ||
department under Section 54.11(i)(1), Family Code, to the custody | ||
of the Texas Department of Criminal Justice on the person's 19th | ||
birthday, if the person has not already been discharged or | ||
transferred, to serve the remainder of the person's sentence on | ||
parole as provided by Section 508.156, Government Code. | ||
SECTION 11. Subchapter A, Chapter 152, Human Resources | ||
Code, is amended by adding Section 152.00162 to read as follows: | ||
Sec. 152.00162. DETERMINATE SENTENCE PAROLE. (a) Not | ||
later than the 90th day before the date the juvenile probation | ||
department transfers a person to the custody of the Texas | ||
Department of Criminal Justice for release on parole supervision | ||
under Section 152.0016(g) or 152.00161(e), the juvenile probation | ||
department shall submit to the Texas Department of Criminal Justice | ||
all pertinent information relating to the person, including: | ||
(1) the juvenile court judgment; | ||
(2) the circumstances of the person's offense; | ||
(3) the person's previous social history and juvenile | ||
court records; | ||
(4) the person's physical and mental health record; | ||
(5) a record of the person's conduct, employment | ||
history, and attitude while committed to the juvenile probation | ||
department; | ||
(6) a record of the sentence time served by the person | ||
at the juvenile probation department as a result of a commitment | ||
under Section 54.04011(c)(2), Family Code, and in a juvenile | ||
detention facility in connection with the conduct for which the | ||
person was committed; and | ||
(7) any written comments or information provided by | ||
the juvenile probation department, local officials, family members | ||
of the person, victims of the offense, or the general public. | ||
(b) The juvenile probation department shall provide | ||
instruction for parole officers of the Texas Department of Criminal | ||
Justice relating to juvenile programs at the juvenile probation | ||
department. The juvenile probation department and the Texas | ||
Department of Criminal Justice shall enter into a memorandum of | ||
understanding relating to the administration of this subsection. | ||
(c) The Texas Department of Criminal Justice shall grant | ||
credit for sentence time served by a person at the juvenile | ||
probation department and in a juvenile detention facility, as | ||
recorded by the department under Subsection (a)(6), in computing | ||
the person's eligibility for parole and discharge from the Texas | ||
Department of Criminal Justice. | ||
SECTION 12. Subchapter A, Chapter 152, Human Resources | ||
Code, is amended by adding Section 152.00163 to read as follows: | ||
Sec. 152.00163. CHILD WITH MENTAL ILLNESS OR INTELLECTUAL | ||
DISABILITY. (a) The juvenile probation department shall accept a | ||
child with a mental illness or intellectual disability who is | ||
committed to its custody. | ||
(b) Unless a child is committed to the juvenile probation | ||
department under a determinate sentence under Section 54.04(d)(3), | ||
54.04(m), or 54.05(f), Family Code, the department shall discharge | ||
a child with a mental illness or intellectual disability from its | ||
custody if: | ||
(1) the child has completed the minimum length of stay | ||
for the child's committing offense; and | ||
(2) the juvenile probation department determines that | ||
the child is unable to progress in its rehabilitation programs | ||
because of the child's mental illness or intellectual disability. | ||
(c) If a child who is discharged from the juvenile probation | ||
department under Subsection (b) as a result of mental illness is not | ||
receiving court-ordered mental health services, the child's | ||
discharge is effective on the earlier of: | ||
(1) the date the court enters an order regarding an | ||
application for mental health services filed under Section | ||
152.001631(b); or | ||
(2) the 30th day after the date the application is | ||
filed. | ||
(d) If a child who is discharged from the juvenile probation | ||
department under Subsection (b) as a result of mental illness is | ||
receiving court-ordered mental health services, the child's | ||
discharge is effective immediately. If the child is receiving | ||
mental health services outside the child's home county, the | ||
juvenile probation department shall notify the mental health | ||
authority located in that county of the discharge not later than the | ||
30th day after the date that the child's discharge is effective. | ||
(e) If a child who is discharged from the juvenile probation | ||
department under Subsection (b) as a result of an intellectual | ||
disability is not receiving intellectual disability services, the | ||
child's discharge is effective on the earlier of: | ||
(1) the date the court enters an order regarding an | ||
application for intellectual disability services filed under | ||
Section 152.001631(b); or | ||
(2) the 30th day after the date that the application is | ||
filed. | ||
(f) If a child who is discharged from the juvenile probation | ||
department under Subsection (b) as a result of intellectual | ||
disability is receiving intellectual disability services, the | ||
child's discharge from the department's custody is effective | ||
immediately. | ||
(g) If a child with a mental illness or intellectual | ||
disability is discharged from the juvenile probation department | ||
under Subsection (b), the child is eligible to receive continuity | ||
of care services from the Texas Correctional Office on Offenders | ||
with Medical or Mental Impairments under Chapter 614, Health and | ||
Safety Code. | ||
SECTION 13. Subchapter A, Chapter 152, Human Resources | ||
Code, is amended by adding Section 152.001631 to read as follows: | ||
Sec. 152.001631. EXAMINATION BEFORE DISCHARGE. (a) The | ||
juvenile probation department shall establish a system that | ||
identifies children with mental illnesses or intellectual | ||
disabilities who are in the department's custody. | ||
(b) Before a child with a mental illness is discharged from | ||
the juvenile probation department's custody under Section | ||
152.00163(b), the department shall have a psychiatrist examine the | ||
child. The juvenile probation department shall refer a child | ||
requiring outpatient psychiatric treatment to the appropriate | ||
mental health authority. For a child requiring inpatient | ||
psychiatric treatment, the juvenile probation department shall | ||
file a sworn application for court-ordered mental health services, | ||
as provided in Subchapter C, Chapter 574, Health and Safety Code, | ||
if: | ||
(1) the child is not receiving court-ordered mental | ||
health services; and | ||
(2) the psychiatrist who examined the child determines | ||
that the child has a mental illness and the child meets at least one | ||
of the criteria listed in Section 574.034, Health and Safety Code. | ||
(c) Before a child who is identified as having an | ||
intellectual disability under Chapter 593, Health and Safety Code, | ||
is discharged from the juvenile probation department's custody | ||
under Section 152.00163(b), the department shall refer the child | ||
for intellectual disability services if the child is not receiving | ||
mental health services. | ||
SECTION 14. Subchapter A, Chapter 152, Human Resources | ||
Code, is amended by adding Section 152.001632 to read as follows: | ||
Sec. 152.001632. TRANSFER OF CERTAIN CHILDREN SERVING | ||
DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) The | ||
juvenile probation department may petition the juvenile court that | ||
entered the order of commitment for a child for the initiation of | ||
mental health commitment proceedings if the child is committed to | ||
the department under a determinate sentence under Section | ||
54.04(d)(3), 54.04(m), or 54.05(f), Family Code. | ||
(b) A petition made by the juvenile probation department | ||
shall be treated as a motion under Section 55.11, Family Code, and | ||
the juvenile court shall proceed in accordance with Subchapter B, | ||
Chapter 55, Family Code. | ||
(c) The juvenile probation department shall cooperate with | ||
the juvenile court in any proceeding under this section. | ||
(d) The juvenile court shall credit to the term of the | ||
child's commitment to the juvenile probation department any time | ||
the child is committed to an inpatient mental health facility. | ||
(e) A child committed to an inpatient mental health facility | ||
as a result of a petition filed under this section may not be | ||
released from the facility on a pass or furlough. | ||
(f) If the term of an order committing a child to an | ||
inpatient mental health facility is scheduled to expire before the | ||
end of the child's sentence and another order committing the child | ||
to an inpatient mental health facility is not scheduled to be | ||
entered, the inpatient mental health facility shall notify the | ||
juvenile court that entered the order of commitment committing the | ||
child to the juvenile probation department. The juvenile court may | ||
transfer the child to the custody of the juvenile probation | ||
department, transfer the child to the Texas Department of Criminal | ||
Justice, or release the child under supervision, as appropriate. | ||
SECTION 15. This Act takes effect September 1, 2015. | ||
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