Bill Text: TX SB1149 | 2015-2016 | 84th Legislature | Enrolled
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-Enrolled.html
S.B. No. 1149 |
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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, as that term is defined by Section 54.04011. | ||
(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 152.00161(c) or 245.151(c), | ||
Human Resources Code, as applicable, a juvenile court petition | ||
approved by a grand jury under this section is an indictment | ||
presented by the grand jury. | ||
SECTION 3. Section 54.11, Family Code, is amended by | ||
amending Subsections (a), (b), and (d) and adding Subsection (o) 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 Section | ||
152.0016(g) or (j), Human Resources Code, the court shall 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 the | ||
Texas Juvenile Justice Department or a juvenile board or local | ||
juvenile probation department if the child is committed to a | ||
post-adjudication secure correctional facility; | ||
(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 post-adjudication secure correctional facility 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. | ||
(o) In this section, "post-adjudication secure correctional | ||
facility" has the meaning assigned by Section 54.04011. | ||
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) a correctional facility operated by the Texas | ||
Juvenile Justice Department [ |
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(B) a post-adjudication secure correctional | ||
facility as that term is defined by Section 54.04011; and | ||
(2) for each child committed to a facility described | ||
by Subdivision (1): | ||
(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 POST-ADJUDICATION SECURE CORRECTIONAL FACILITY. | ||
(a) In this section, "post-adjudication secure correctional | ||
facility" has the meaning assigned by Section 152.00011, Human | ||
Resources Code. | ||
(a-1) The department shall accept persons transferred to | ||
the department from: | ||
(1) the Texas Juvenile Justice Department under | ||
Section 245.151, Human Resources Code; or | ||
(2) 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 from 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 board or local 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 by a juvenile board or local juvenile probation | ||
department that operates the 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 board or local 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 from a post-adjudication secure correctional | ||
facility operated by or under contract with a juvenile board or | ||
local juvenile probation department [ |
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section. | ||
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 152.0016(g), 152.00161(e), 245.051(c), or 245.151(e), | ||
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 board or local juvenile probation | ||
department following a commitment under Section 54.04011(c)(2), | ||
Family Code, [ |
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facility in connection with 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 the custody of a juvenile board or | ||
local juvenile probation department [ |
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(f) For purposes of this chapter, a person released from the | ||
Texas Juvenile Justice Department or the custody of a juvenile | ||
board or local juvenile probation department [ |
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parole under this section is considered to have been convicted of | ||
the offense for which the person has been adjudicated. | ||
SECTION 8. Subchapter A, Chapter 152, Human Resources Code, | ||
is amended by adding Section 152.00011 to read as follows: | ||
Sec. 152.00011. DEFINITION. In this chapter, | ||
"post-adjudication secure correctional facility" means a facility | ||
operated by or under contract with a juvenile board or local | ||
juvenile probation department under Section 152.0016. | ||
SECTION 9. Section 152.0016, Human Resources Code, as added | ||
by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, Regular | ||
Session, 2013, is amended by adding Subsections (f-1), (f-2), and | ||
(g-1) and amending Subsections (h) and (i) to read as follows: | ||
(f-1) After a child has completed the minimum length of stay | ||
established under Subsection (f), 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 juvenile board or local juvenile probation department; and | ||
(2) the post-adjudication secure correctional | ||
facility will provide the most suitable environment for that | ||
rehabilitation. | ||
(g-1) The juvenile board or local juvenile probation | ||
department may request the approval of the court under Subsection | ||
(g) at any time. | ||
(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 as provided by 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) apply only to a child who has been committed to a | ||
post-adjudication secure correctional facility under Section | ||
54.04011(c), Family Code, and who has either escaped or violated | ||
the conditions of release under supervision. A hearing examiner | ||
who conducts a revocation under this subsection has the same | ||
subpoena authority as a hearing officer at the Texas Juvenile | ||
Justice Department, as provided under Section 203.008. | ||
SECTION 10. Subchapter A, Chapter 152, Human Resources | ||
Code, is amended by adding Sections 152.00161, 152.00162, | ||
152.00163, 152.00164, and 152.00165 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 under Section 54.04011(c)(2), Family Code, the juvenile | ||
board or local juvenile probation department may not discharge the | ||
person from custody. | ||
(b) The juvenile board or local 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 that the time spent by the person in detention in | ||
connection with the committing case plus the time spent in the | ||
custody of the juvenile board or local juvenile probation | ||
department under the order of commitment equals the period of the | ||
sentence. | ||
(c) The juvenile board or local 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 local juvenile probation department shall discharge from its | ||
custody a person not already discharged on the person's 19th | ||
birthday. | ||
(e) The juvenile board or local juvenile probation | ||
department shall transfer a person who has been sentenced under a | ||
determinate sentence to commitment under Section 54.04011(c)(2), | ||
Family Code, or who has been returned to the juvenile board or local | ||
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. | ||
Sec. 152.00162. DETERMINATE SENTENCE PAROLE. (a) Not | ||
later than the 90th day before the date the juvenile board or local | ||
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 board or local 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 department; | ||
(6) a record of the sentence time served by the person | ||
at the juvenile board or local 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 adjudicated; and | ||
(7) any written comments or information provided by | ||
the juvenile board or local juvenile probation department, local | ||
officials, family members of the person, victims of the offense, or | ||
the general public. | ||
(b) The juvenile board or local juvenile probation | ||
department shall provide instruction for parole officers of the | ||
Texas Department of Criminal Justice relating to juvenile programs | ||
provided by the juvenile board or local juvenile probation | ||
department. The juvenile boards and local juvenile probation | ||
departments 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 in the custody of a | ||
juvenile board or local juvenile probation department and in a | ||
juvenile detention facility, as recorded by the board or department | ||
under Subsection (a)(6), in computing the person's eligibility for | ||
parole and discharge from the Texas Department of Criminal Justice. | ||
Sec. 152.00163. CHILD WITH MENTAL ILLNESS OR INTELLECTUAL | ||
DISABILITY. (a) A juvenile board or local juvenile probation | ||
department shall accept a child with a mental illness or an | ||
intellectual disability who is committed to the custody of the | ||
board or department. | ||
(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 | ||
custody if: | ||
(1) the child has completed the minimum length of stay | ||
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 | ||
rehabilitation programs provided by the juvenile board or local | ||
juvenile probation department because of the child's mental illness | ||
or intellectual disability. | ||
(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 | ||
effective on the earlier of: | ||
(1) the date the court enters an order regarding an | ||
application for mental health services filed under Section | ||
152.00164(b); or | ||
(2) the 30th day after the date the application is | ||
filed. | ||
(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 | ||
30th day after the date that the child's discharge is effective. | ||
(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). | ||
(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 | ||
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. | ||
Sec. 152.00164. EXAMINATION BEFORE DISCHARGE. (a) A | ||
juvenile board or local juvenile probation department shall | ||
establish a system that identifies children with mental illnesses | ||
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1149 passed the Senate on | ||
April 23, 2015, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1149 passed the House on | ||
May 22, 2015, by the following vote: Yeas 140, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |