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A BILL TO BE ENTITLED
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AN ACT
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relating to the commitment of certain juveniles to local |
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post-adjudication secure correctional facilities in certain |
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counties and to the release under supervision of those juveniles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.13(c) and (d), Family Code, are |
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amended to read as follows: |
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(c) A child may not be committed or transferred to a penal |
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institution or other facility used primarily for the execution of |
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sentences of persons convicted of crime, except: |
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(1) for temporary detention in a jail or lockup |
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pending juvenile court hearing or disposition under conditions |
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meeting the requirements of Section 51.12; |
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(2) after transfer for prosecution in criminal court |
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under Section 54.02, unless the juvenile court orders the detention |
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of the child in a certified juvenile detention facility under |
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Section 54.02(h); [or] |
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(3) after transfer from the Texas Juvenile Justice |
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Department under Section 245.151(c), Human Resources Code; or |
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(4) after transfer from a post-adjudication secure |
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correctional facility, as that term is defined by Section 54.04011. |
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(d) An adjudication under Section 54.03 that a child engaged |
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in conduct that occurred on or after January 1, 1996, and that |
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constitutes a felony offense resulting in commitment to the Texas |
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Juvenile Justice Department under Section 54.04(d)(2), (d)(3), or |
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(m) or 54.05(f) or commitment to a post-adjudication secure |
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correctional facility under Section 54.04011 for conduct that |
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occurred on or after December 1, 2013, is a final felony conviction |
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only for the purposes of Sections 12.42(a), (b), and (c)(1) or |
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Section 12.425, Penal Code. |
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SECTION 2. Section 53.045(d), Family Code, is amended to |
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read as follows: |
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(d) If the grand jury approves of the petition, the fact of |
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approval shall be certified to the juvenile court, and the |
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certification shall be entered in the record of the case. For the |
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purpose of the transfer of a child to the Texas Department of |
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Criminal Justice as provided by Section 152.00161(c) or 245.151(c), |
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Human Resources Code, as applicable, a juvenile court petition |
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approved by a grand jury under this section is an indictment |
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presented by the grand jury. |
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SECTION 3. Section 54.11, Family Code, is amended by |
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amending Subsections (a), (b), and (d) and adding Subsection (o) to |
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read as follows: |
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(a) On receipt of a referral under Section 244.014(a), Human |
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Resources Code, for the transfer to the Texas Department of |
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Criminal Justice of a person committed to the Texas Juvenile |
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Justice Department under Section 54.04(d)(3), 54.04(m), or |
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54.05(f), on receipt of a request by the Texas Juvenile Justice |
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Department under Section 245.051(d), Human Resources Code, for |
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approval of the release under supervision of a person committed to |
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the Texas Juvenile Justice Department under Section 54.04(d)(3), |
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54.04(m), or 54.05(f), or on receipt of a referral under Section |
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152.0016(g) or (j), Human Resources Code, the court shall set a time |
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and place for a hearing on the possible transfer or release of the |
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person, as applicable. |
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(b) The court shall notify the following of the time and |
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place of the hearing: |
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(1) the person to be transferred or released under |
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supervision; |
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(2) the parents of the person; |
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(3) any legal custodian of the person, including the |
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Texas Juvenile Justice Department or a juvenile board or local |
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juvenile probation department if the child is committed to a |
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post-adjudication secure correctional facility; |
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(4) the office of the prosecuting attorney that |
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represented the state in the juvenile delinquency proceedings; |
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(5) the victim of the offense that was included in the |
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delinquent conduct that was a ground for the disposition, or a |
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member of the victim's family; and |
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(6) any other person who has filed a written request |
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with the court to be notified of a release hearing with respect to |
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the person to be transferred or released under supervision. |
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(d) At a hearing under this section the court may consider |
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written reports and supporting documents from probation officers, |
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professional court employees, professional consultants, [or] |
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employees of the Texas Juvenile Justice Department, or employees of |
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a post-adjudication secure correctional facility in addition to the |
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testimony of witnesses. On or before the fifth day before the date |
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of the hearing, the court shall provide the attorney for the person |
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to be transferred or released under supervision with access to all |
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written matter to be considered by the court. All written matter is |
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admissible in evidence at the hearing. |
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(o) In this section, "post-adjudication secure correctional |
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facility" has the meaning assigned by Section 54.04011. |
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SECTION 4. Section 58.352(a), Family Code, is amended to |
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read as follows: |
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(a) A juvenile court judge in a county to which this |
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subchapter applies shall post a report on the Internet website of |
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the county in which the court is located. The report must include: |
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(1) the total number of children committed by the |
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judge to: |
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(A) a correctional facility operated by the Texas |
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Juvenile Justice Department [Youth Commission]; or |
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(B) a post-adjudication secure correctional |
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facility as that term is defined by Section 54.04011; and |
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(2) for each child committed to a facility described |
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by Subdivision (1): |
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(A) a general description of the offense |
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committed by the child or the conduct of the child that led to the |
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child's commitment to the facility; |
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(B) the year the child was committed to the |
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facility; and |
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(C) the age range, race, and gender of the child. |
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SECTION 5. Section 499.053, Government Code, is amended to |
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read as follows: |
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Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE |
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DEPARTMENT OR POST-ADJUDICATION SECURE CORRECTIONAL FACILITY. |
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(a) In this section, "post-adjudication secure correctional |
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facility" has the meaning assigned by Section 152.00011, Human |
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Resources Code. |
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(a-1) The department shall accept persons transferred to |
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the department from: |
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(1) the Texas Juvenile Justice Department under |
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Section 245.151, Human Resources Code; or |
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(2) a post-adjudication secure correctional facility |
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under Section 152.00161, Human Resources Code. |
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(b) A person transferred to the department from the Texas |
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Juvenile Justice Department or from a post-adjudication secure |
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correctional facility is entitled to credit on the person's |
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sentence for the time served in the custody of the Texas Juvenile |
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Justice Department or the juvenile board or local juvenile |
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probation department, as applicable. |
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(c) All laws relating to good conduct time and eligibility |
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for release on parole or mandatory supervision apply to a person |
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transferred to the department by the Texas Juvenile Justice |
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Department or by a juvenile board or local juvenile probation |
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department that operates the post-adjudication secure correctional |
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facility as if the time the person was detained in a detention |
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facility and the time the person served in the custody of the Texas |
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Juvenile Justice Department or the juvenile board or local juvenile |
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probation department was time served in the custody of the |
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department. |
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(d) A person transferred from the Texas Juvenile Justice |
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Department or a post-adjudication secure correctional facility for |
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the offense of capital murder shall become eligible for parole as |
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provided in Section 508.145(d) for an offense listed in Section 3g, |
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Article 42.12, Code of Criminal Procedure, or an offense for which a |
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deadly weapon finding has been made. |
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SECTION 6. Section 508.003(c), Government Code, is amended |
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to read as follows: |
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(c) The provisions of this chapter not in conflict with |
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Section 508.156 apply to parole of a person from the Texas Juvenile |
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Justice Department or from a post-adjudication secure correctional |
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facility operated by or under contract with a juvenile board or |
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local juvenile probation department [Youth Commission] under that |
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section. |
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SECTION 7. Sections 508.156(a), (d), (e), and (f), |
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Government Code, are amended to read as follows: |
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(a) Before the release of a person who is transferred under |
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Section 152.0016(g), 152.00161(e), 245.051(c), or 245.151(e), |
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Human Resources Code, to the department for release on parole, a |
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parole panel shall review the person's records and may interview |
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the person or any other person the panel considers necessary to |
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determine the conditions of parole. The panel may impose any |
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reasonable condition of parole on the person that the panel may |
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impose on an adult inmate under this chapter. |
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(d) The period of parole for a person released on parole |
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under this section is the term for which the person was sentenced |
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less calendar time served at the Texas Juvenile Justice Department |
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or in the custody of a juvenile board or local juvenile probation |
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department following a commitment under Section 54.04011(c)(2), |
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Family Code, [Youth Commission] and in a juvenile detention |
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facility in connection with the conduct for which the person was |
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adjudicated. |
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(e) If a parole panel revokes the person's parole, the panel |
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may require the person to serve the remaining portion of the |
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person's sentence in the institutional division. The remaining |
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portion of the person's sentence is computed without credit for the |
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time from the date of the person's release to the date of |
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revocation. The panel may not recommit the person to the Texas |
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Juvenile Justice Department or to the custody of a juvenile board or |
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local juvenile probation department [Youth Commission]. |
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(f) For purposes of this chapter, a person released from the |
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Texas Juvenile Justice Department or the custody of a juvenile |
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board or local juvenile probation department [Youth Commission] on |
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parole under this section is considered to have been convicted of |
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the offense for which the person has been adjudicated. |
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SECTION 8. Subchapter A, Chapter 152, Human Resources Code, |
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is amended by adding Section 152.00011 to read as follows: |
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Sec. 152.00011. DEFINITION. In this chapter, |
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"post-adjudication secure correctional facility" means a facility |
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operated by or under contract with a juvenile board or local |
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juvenile probation department under Section 152.0016. |
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SECTION 9. Section 152.0016, Human Resources Code, as added |
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by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, Regular |
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Session, 2013, is amended by adding Subsections (f-1), (f-2), and |
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(g-1) and amending Subsections (h) and (i) to read as follows: |
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(f-1) After a child has completed the minimum length of stay |
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established under Subsection (f), the juvenile board or local |
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juvenile probation department shall: |
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(1) discharge the child from the custody of the |
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juvenile board or local juvenile probation department; |
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(2) release the child under supervision as provided by |
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Subsection (c)(2); or |
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(3) extend the child's length of stay in the custody of |
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the juvenile board or local juvenile probation department. |
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(f-2) A child's length of stay may only be extended under |
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Subsection (f-1)(3) on the basis of clear and convincing evidence |
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that: |
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(1) the child is in need of additional rehabilitation |
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from the juvenile board or local juvenile probation department; and |
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(2) the post-adjudication secure correctional |
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facility will provide the most suitable environment for that |
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rehabilitation. |
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(g-1) The juvenile board or local juvenile probation |
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department may request the approval of the court under Subsection |
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(g) at any time. |
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(h) The juvenile board or local juvenile probation |
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department may release a child who has been committed to a |
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post-adjudication secure correctional facility with a determinate |
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sentence under Section 54.04011(c)(2), Family Code, under |
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supervision without approval of the juvenile court that entered the |
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order of commitment if not more than nine months remain before the |
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child's discharge as provided by Section 152.00161(b) |
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[245.051(g)]. |
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(i) The juvenile board or local juvenile probation |
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department may resume the care and custody of any child released |
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under supervision at any time before the final discharge of the |
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child in accordance with the rules governing the Texas Juvenile |
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Justice Department regarding resumption of care. Sections 243.051 |
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and 245.051(f) apply only to a child who has been committed to a |
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post-adjudication secure correctional facility under Section |
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54.04011(c), Family Code, and who has either escaped or violated |
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the conditions of release under supervision. A hearing examiner |
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who conducts a revocation under this subsection has the same |
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subpoena authority as a hearing officer at the Texas Juvenile |
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Justice Department, as provided under Section 203.008. |
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SECTION 10. Subchapter A, Chapter 152, Human Resources |
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Code, is amended by adding Sections 152.00161, 152.00162, |
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152.00163, 152.00164, and 152.00165 to read as follows: |
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Sec. 152.00161. TERMINATION OF CONTROL. (a) Except as |
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provided by Subsections (b) and (c), if a person is committed to a |
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post-adjudication secure correctional facility under a determinate |
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sentence under Section 54.04011(c)(2), Family Code, the juvenile |
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board or local juvenile probation department may not discharge the |
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person from custody. |
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(b) The juvenile board or local juvenile probation |
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department shall discharge without a court hearing a person |
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committed to the department for a determinate sentence under |
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Section 54.04011(c)(2), Family Code, who has not been transferred |
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to the Texas Department of Criminal Justice under a court order on |
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the date that the time spent by the person in detention in |
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connection with the committing case plus the time spent in the |
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custody of the juvenile board or local juvenile probation |
|
department under the order of commitment equals the period of the |
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sentence. |
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(c) The juvenile board or local juvenile probation |
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department shall transfer to the Texas Department of Criminal |
|
Justice a person who is the subject of an order under Section |
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152.0016(j) transferring the person to the custody of the Texas |
|
Department of Criminal Justice for the completion of the person's |
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sentence. |
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(d) Except as provided by Subsection (e), the juvenile board |
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or local juvenile probation department shall discharge from its |
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custody a person not already discharged on the person's 19th |
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birthday. |
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(e) The juvenile board or local juvenile probation |
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department shall transfer a person who has been sentenced under a |
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determinate sentence to commitment under Section 54.04011(c)(2), |
|
Family Code, or who has been returned to the juvenile board or local |
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juvenile probation department under Section 54.11(i)(1), Family |
|
Code, to the custody of the Texas Department of Criminal Justice on |
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the person's 19th birthday, if the person has not already been |
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discharged or transferred, to serve the remainder of the person's |
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sentence on parole as provided by Section 508.156, Government Code. |
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Sec. 152.00162. DETERMINATE SENTENCE PAROLE. (a) Not |
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later than the 90th day before the date the juvenile board or local |
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juvenile probation department transfers a person to the custody of |
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the Texas Department of Criminal Justice for release on parole |
|
supervision under Section 152.0016(g) or 152.00161(e), the |
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juvenile board or local juvenile probation department shall submit |
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to the Texas Department of Criminal Justice all pertinent |
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information relating to the person, including: |
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(1) the juvenile court judgment; |
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(2) the circumstances of the person's offense; |
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(3) the person's previous social history and juvenile |
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court records; |
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(4) the person's physical and mental health record; |
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(5) a record of the person's conduct, employment |
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history, and attitude while committed to the department; |
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(6) a record of the sentence time served by the person |
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at the juvenile board or local juvenile probation department as a |
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result of a commitment under Section 54.04011(c)(2), Family Code, |
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and in a juvenile detention facility in connection with the conduct |
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for which the person was adjudicated; and |
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(7) any written comments or information provided by |
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the juvenile board or local juvenile probation department, local |
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officials, family members of the person, victims of the offense, or |
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the general public. |
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(b) The juvenile board or local juvenile probation |
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department shall provide instruction for parole officers of the |
|
Texas Department of Criminal Justice relating to juvenile programs |
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provided by the juvenile board or local juvenile probation |
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department. The juvenile boards and local juvenile probation |
|
departments and the Texas Department of Criminal Justice shall |
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enter into a memorandum of understanding relating to the |
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administration of this subsection. |
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(c) The Texas Department of Criminal Justice shall grant |
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credit for sentence time served by a person in the custody of a |
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juvenile board or local juvenile probation department and in a |
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juvenile detention facility, as recorded by the board or department |
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under Subsection (a)(6), in computing the person's eligibility for |
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parole and discharge from the Texas Department of Criminal Justice. |
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Sec. 152.00163. CHILD WITH MENTAL ILLNESS OR INTELLECTUAL |
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DISABILITY. (a) A juvenile board or local juvenile probation |
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department shall accept a child with a mental illness or an |
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intellectual disability who is committed to the custody of the |
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board or department. |
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(b) Unless a child is committed to the custody of a juvenile |
|
board or local juvenile probation department under a determinate |
|
sentence under Section 54.04011(c)(2), Family Code, the juvenile |
|
board or local juvenile probation department shall discharge a |
|
child with a mental illness or an intellectual disability from its |
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custody if: |
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(1) the child has completed the minimum length of stay |
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for the child's committing offense; and |
|
(2) the juvenile board or local juvenile probation |
|
department determines that the child is unable to progress in the |
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rehabilitation programs provided by the juvenile board or local |
|
juvenile probation department because of the child's mental illness |
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or intellectual disability. |
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(c) If a child who is discharged from the custody of a |
|
juvenile board or local 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 |
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effective on the earlier of: |
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(1) the date the court enters an order regarding an |
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application for mental health services filed under Section |
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152.00164(b); or |
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(2) the 30th day after the date the application is |
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filed. |
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(d) If a child who is discharged from the custody of a |
|
juvenile board or local 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 board or |
|
local juvenile probation department shall notify the mental health |
|
authority located in that county of the discharge not later than the |
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30th day after the date that the child's discharge is effective. |
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(e) If a child who is discharged from the custody of a |
|
juvenile board or local 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 30th day after the date that the referral is |
|
made under Section 152.00164(c). |
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(f) If a child who is discharged from the custody of a |
|
juvenile board or local juvenile probation department under |
|
Subsection (b) as a result of an intellectual disability is |
|
receiving intellectual disability services, the child's discharge |
|
is effective immediately. |
|
(g) If a child with a mental illness or an intellectual |
|
disability is discharged from the custody of a juvenile board or |
|
local juvenile probation department under Subsection (b), the child |
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is eligible to receive continuity of care services from the Texas |
|
Correctional Office on Offenders with Medical or Mental Impairments |
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under Chapter 614, Health and Safety Code. |
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Sec. 152.00164. EXAMINATION BEFORE DISCHARGE. (a) A |
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juvenile board or local juvenile probation department shall |
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establish a system that identifies children with mental illnesses |
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or intellectual disabilities who are in the custody of the juvenile |
|
board or local juvenile probation department. |
|
(b) Before a child who is identified as having a mental |
|
illness is discharged from the custody of the juvenile board or |
|
local juvenile probation department under Section 152.00163(b), |
|
the juvenile board or local juvenile probation department shall |
|
arrange for a psychiatrist to examine the child. The juvenile board |
|
or local 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 board or local 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 custody of a juvenile board or local juvenile |
|
probation department under Section 152.00163(b), the department |
|
shall refer the child for intellectual disability services if the |
|
child is not receiving intellectual disability services. |
|
Sec. 152.00165. TRANSFER OF CERTAIN CHILDREN SERVING |
|
DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) A juvenile |
|
board or local 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 custody of the juvenile board or local juvenile |
|
probation department under a determinate sentence under Section |
|
54.04011(c)(2), Family Code. |
|
(b) A petition made by a juvenile board or local 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) A juvenile board or local 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 a juvenile board or local 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 a juvenile board or local juvenile probation department. |
|
The juvenile court may transfer the child to the custody of the |
|
juvenile board or local juvenile probation department, transfer the |
|
child to the Texas Department of Criminal Justice, or release the |
|
child under supervision, as appropriate. |
|
SECTION 11. (a) Section 261.101, Human Resources Code, is |
|
amended by adding Subsections (a-1) and (f) and amending Subsection |
|
(e) to read as follows: |
|
(a-1) The independent ombudsman shall perform the duties |
|
required under Subsection (a) with respect to children committed to |
|
the department and children committed to a post-adjudication secure |
|
correctional facility under Section 54.04011, Family Code. |
|
(e) Notwithstanding any other provision of this chapter, |
|
the powers of the office are limited to: |
|
(1) facilities operated and services provided by the |
|
department under Subtitle C; and |
|
(2) post-adjudication correctional facilities under |
|
Section 152.0016. |
|
(f) This subsection and Subsections (a-1) and (e) expire |
|
December 31, 2018. |
|
(b) Effective January 1, 2019, Section 261.101, Human |
|
Resources Code, is amended by adding Subsection (e) to read as |
|
follows: |
|
(e) Notwithstanding any other provision of this chapter, |
|
the powers of the office are limited to facilities operated and |
|
services provided by the department under Subtitle C. |
|
SECTION 12. Section 152.0016(b), Human Resources Code, as |
|
added by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is repealed. |
|
SECTION 13. The change in law made by this Act applies to a |
|
person committed to or serving a sentence in a post-adjudication |
|
secure correctional facility on or after the effective date of this |
|
Act, regardless of whether the underlying conduct giving rise to |
|
the commitment and sentence occurred before, on, or after that |
|
date. |
|
SECTION 14. This Act takes effect September 1, 2015. |