Bill Text: TX SB1630 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to the commitment of juveniles in post-adjudication secure correctional facilities operated by the Texas Juvenile Justice Department and by local probation departments.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2015-06-18 - Effective on 9/1/15 [SB1630 Detail]

Download: Texas-2015-SB1630-Enrolled.html
 
 
  S.B. No. 1630
 
 
 
 
AN ACT
  relating to the commitment of juveniles in post-adjudication secure
  correctional facilities operated by the Texas Juvenile Justice
  Department and by local probation departments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.04(d), Family Code, is amended to
  read as follows:
         (d)  If the court or jury makes the finding specified in
  Subsection (c) allowing the court to make a disposition in the case:
               (1)  the court or jury may, in addition to any order
  required or authorized under Section 54.041 or 54.042, place the
  child on probation on such reasonable and lawful terms as the court
  may determine:
                     (A)  in the child's own home or in the custody of a
  relative or other fit person; or
                     (B)  subject to the finding under Subsection (c)
  on the placement of the child outside the child's home, in:
                           (i)  a suitable foster home;
                           (ii)  a suitable public or private
  residential treatment facility licensed by a state governmental
  entity or exempted from licensure by state law, except a facility
  operated by the Texas Juvenile Justice Department; or
                           (iii)  a suitable public or private
  post-adjudication secure correctional facility that meets the
  requirements of Section 51.125, except a facility operated by the
  Texas Juvenile Justice Department;
               (2)  if the court or jury found at the conclusion of the
  adjudication hearing that the child engaged in delinquent conduct
  that violates a penal law of this state or the United States of the
  grade of felony, the court or jury made a special commitment finding
  under Section 54.04013, and [if] the petition was not approved by
  the grand jury under Section 53.045, the court may commit the child
  to the Texas Juvenile Justice Department under Section 54.04013, or
  a post-adjudication secure correctional facility under Section
  54.04011(c)(1), as applicable, without a determinate sentence;
               (3)  if the court or jury found at the conclusion of the
  adjudication hearing that the child engaged in delinquent conduct
  that included a violation of a penal law listed in Section 53.045(a)
  and if the petition was approved by the grand jury under Section
  53.045, the court or jury may sentence the child to commitment in
  the Texas Juvenile Justice Department or a post-adjudication secure
  correctional facility under Section 54.04011(c)(2) with a possible
  transfer to the Texas Department of Criminal Justice for a term of:
                     (A)  not more than 40 years if the conduct
  constitutes:
                           (i)  a capital felony;
                           (ii)  a felony of the first degree; or
                           (iii)  an aggravated controlled substance
  felony;
                     (B)  not more than 20 years if the conduct
  constitutes a felony of the second degree; or
                     (C)  not more than 10 years if the conduct
  constitutes a felony of the third degree;
               (4)  the court may assign the child an appropriate
  sanction level and sanctions as provided by the assignment
  guidelines in Section 59.003;
               (5)  the court may place the child in a suitable
  nonsecure correctional facility that is registered and meets the
  applicable standards for the facility as provided by Section
  51.126; or
               (6)  if applicable, the court or jury may make a
  disposition under Subsection (m) or Section 54.04011(c)(2)(A).
         SECTION 2.  Chapter 54, Family Code, is amended by adding
  Section 54.04013 to read as follows:
         Sec. 54.04013.  SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
  DEPARTMENT. Notwithstanding any other provision of this code,
  after a disposition hearing held in accordance with Section 54.04,
  the juvenile court may commit a child who is found to have engaged
  in delinquent conduct that constitutes a felony offense to the
  Texas Juvenile Justice Department without a determinate sentence if
  the court makes a special commitment finding that the child has
  behavioral health or other special needs that cannot be met with the
  resources available in the community.  The court should consider
  the findings of a validated risk and needs assessment and the
  findings of any other appropriate professional assessment
  available to the court.
         SECTION 3.  Section 202.010, Human Resources Code, is
  amended to read as follows:
         Sec. 202.010.  SUNSET PROVISION.  The Texas Juvenile
  Justice Board and the Texas Juvenile Justice Department are subject
  to Chapter 325, Government Code (Texas Sunset Act).  Unless
  continued in existence as provided by that chapter, the board and
  the department are abolished September 1, 2021 [2017].
         SECTION 4.  Chapter 203, Human Resources Code, is amended by
  adding Sections 203.017 and 203.018 to read as follows:
         Sec. 203.017.  REGIONALIZATION PLAN. (a)  The department
  shall develop and the board shall adopt a regionalization plan for
  keeping children closer to home in lieu of commitment to the secure
  facilities operated by the department under Subtitle C.
         (b)  The department shall consult with juvenile probation
  departments in developing a regionalization plan, including the
  identification of:
               (1)  post-adjudication facility capacity that may be
  dedicated to support the plan; and
               (2)  resources needed to implement the plan.
         (c)  The regionalization plan must define regions of the
  state to be served by facilities operated by juvenile probation
  departments, counties, halfway houses, or private operators, based
  on the post-adjudication facilities identified as being available
  for the purpose of the plan.
         (d)  The department shall ensure that each region has
  defined, appropriate, research-based programs for the target
  populations under the regionalization plan.
         (e)  The regionalization plan must:
               (1)  include a budget review, redirection of staff, and
  funding mechanisms necessary to support the plan;
               (2)  create a new division of the department
  responsible for administering the regionalization plan and
  monitoring program quality and accountability;
               (3)  include sufficient mechanisms to divert at least:
                     (A)  30 juveniles from commitment to secure
  facilities operated by the department for the state fiscal year
  beginning September 1, 2015; and
                     (B)  150 juveniles from commitment to secure
  facilities operated by the department for the state fiscal year
  beginning September 1, 2016; and
               (4)  for the state fiscal year beginning September 1,
  2017, and each subsequent state fiscal year, include any savings
  that are generated by the decreases in the population of the secure
  facilities operated by the department under Subtitle C that exceed
  the cost of implementing the plan.
         (f)  The division created under Subsection (e)(2) shall:
               (1)  approve plans and related protocols to administer
  the developed regional model;
               (2)  provide training on best practices for all local
  probation departments affected by the regionalization plan;
               (3)  assist in research-based program development;
               (4)  monitor contract and program measures for the
  regionalization plan;
               (5)  analyze department data to provide clear guidance
  to local probation departments on outcome measures; and
               (6)  report on performance of specific programs and
  placements to assist in implementing best practices and maximize
  the impact of state funds.
         (g)  A region is eligible for funding to support
  evidence-based, intensive in-home services only if the region meets
  the performance standards established by the department and adopted
  in contracts for placement and services.
         (h)  The department shall adopt rules to allow the local
  probation departments implementing the regionalization plan to
  access the data submitted by those departments in the state
  juvenile case management system for planning and research purposes.
         (i)  The regionalization plan developed under this section
  must be finalized not later than August 31, 2016.
         (j)  For the state fiscal years beginning September 1, 2015,
  and September 1, 2016, the legislature shall appropriate funds
  necessary to develop and initiate the implementation of the
  regionalization plan.  Funds appropriated for this purpose may not
  be offset by projected savings generated by the decreases in the
  population of the secure facilities operated by the department
  under Subtitle C.  This subsection and Subsection (i) expire
  September 1, 2017.
         Sec. 203.018.  SPECIALIZED PROGRAMS AND SPECIAL PROJECTS.
  (a)  The department shall develop specialized programs for
  children with a determinate sentence and children committed under
  Section 54.04013, Family Code.  The programs must ensure safety and
  security for committed children and provide developmentally
  appropriate program strategies.
         (b)  The department shall establish performance-based goals
  related to improved outcomes that:
               (1)  must include measures to reduce recidivism; and
               (2)  shall include other well-being outcome measures.
         (c)  The department shall use case review strategies to
  identify children in department facilities who can safely and
  appropriately be transferred to alternative local placements or
  halfway houses, placed on parole, or discharged from the
  department.
         (d)  The department shall study and report to the board on
  the potential for repurposing existing secure facilities for the
  confinement of children with a determinate sentence or children
  committed under Section 54.04013, Family Code, or for other
  purposes.
         (e)  The department or any local probation department may not
  use or contract with a facility that was constructed or previously
  used for the confinement of adult offenders.
         SECTION 5.  Section 221.003, Human Resources Code, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  Any risk and needs assessment instrument or process
  that is provided or approved by the department for a juvenile
  probation department to use under Subsection (b) must be a
  validated instrument or process.
         SECTION 6.  Section 223.001, Human Resources Code, is
  amended to read as follows:
         Sec. 223.001.  DETERMINATION OF AMOUNT OF STATE AID.
  (a)  The department shall annually allocate funds for financial
  assistance to juvenile boards to provide juvenile services
  according to current estimates of the number of juveniles in each
  county, a basic probation funding formula for departments that
  clearly defines what basic probation entails and which services are
  provided, and other factors the department determines are
  appropriate.
         (b)  The legislature may appropriate the amount of state aid
  necessary to supplement local funds to maintain and improve
  statewide juvenile services that comply with department standards
  and to initiate and support the regionalization plan under Section
  203.017 so that savings are generated by decreases in the
  population of department facilities operated under Subtitle C.
         (c)  The department shall [may] set aside a portion of the
  funds appropriated to the department for discretionary state aid to
  fund programs designed to address special needs or projects of
  local juvenile boards, including projects dedicated to specific
  target populations based on risk and needs, and with established
  recidivism reduction goals.  The department shall develop
  discretionary grant funding protocols based on documented,
  data-driven, and research-based practices.
         (d)  The department shall reimburse counties for the
  placement of children in the regional specialized program at a rate
  that offers a savings to the state in relation to the average cost
  per day for confining a child in a department facility operated
  under Subtitle C.
         (e)  The department may not adversely impact the state aid
  for a juvenile board or a juvenile probation department that does
  not enter into a contract to serve youth from other counties, or
  does not act as a regional facility.
         (f)  A juvenile board or juvenile probation department may
  not be required to accept a child for placement in a
  post-adjudication correctional facility, unless the child is
  subject to an order issued by a juvenile court served by that board
  or department.
         SECTION 7.  Sections 261.101(a) and (e), Human Resources
  Code, are amended to read as follows:
         (a)  The independent ombudsman shall:
               (1)  review the procedures established by the board and
  evaluate the delivery of services to children to ensure that the
  rights of children are fully observed;
               (2)  review complaints filed with the independent
  ombudsman concerning the actions of the department and investigate
  each complaint in which it appears that a child may be in need of
  assistance from the independent ombudsman;
               (3)  conduct investigations of complaints, other than
  complaints alleging criminal behavior, if the office determines
  that:
                     (A)  a child committed to the department or the
  child's family may be in need of assistance from the office; or
                     (B)  a systemic issue in the department's
  provision of services is raised by a complaint;
               (4)  review or inspect periodically the facilities and
  procedures of any institution or residence in which a child has been
  placed by the department, whether public or private, to ensure that
  the rights of children are fully observed;
               (5)  provide assistance to a child or family who the
  independent ombudsman determines is in need of assistance,
  including advocating with an agency, provider, or other person in
  the best interests of the child;
               (6)  review court orders as necessary to fulfill its
  duties;
               (7)  recommend changes in any procedure relating to the
  treatment of children committed to the department;
               (8)  make appropriate referrals under any of the duties
  and powers listed in this subsection;
               (9)  supervise assistants who are serving as advocates
  in their representation of children committed to the department in
  internal administrative and disciplinary hearings;
               (10)  review reports received by the department
  relating to complaints regarding juvenile probation programs,
  services, or facilities and analyze the data contained in the
  reports to identify trends in complaints; [and]
               (11)  report a possible standards violation by a local
  juvenile probation department to the appropriate division of the
  department; and
               (12)  immediately report the findings of any
  investigation related to the operation of a post-adjudication
  correctional facility in a county to the chief juvenile probation
  officer and the juvenile board of the county.
         (e)  Notwithstanding any other provision of this chapter,
  the powers of the office include:
               (1)  [are limited to] facilities operated and services
  provided by the department under Subtitle C;
               (2)  post-adjudication correctional facilities under
  Section 51.125, Family Code;
               (3)  any other residential facility in which a child
  adjudicated as having engaged in conduct indicating a need for
  supervision or delinquent conduct is placed by court order; and
               (4)  the investigation of complaints alleging a
  violation of the rights of the children placed in a facility
  described by Subdivision (2) or (3).
         SECTION 8.  The changes in law made by Section 54.04(d),
  Family Code, as amended by this Act, and Section 54.04013, Family
  Code, as added by this Act, apply only to conduct that occurs on or
  after September 1, 2017.  Conduct that occurs before September 1,
  2017, is governed by the law in effect when the conduct occurred,
  and the former law is continued in effect for that purpose. For
  purposes of this section, conduct occurs before September 1, 2017,
  if any element of the conduct occurs before that date.
         SECTION 9.  This Act takes effect September 1, 2015.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1630 passed the Senate on
  April 14, 2015, by the following vote:  Yeas 31, Nays 0;
  May 28, 2015, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 29, 2015, House
  granted request of the Senate; May 31, 2015, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1630 passed the House, with
  amendments, on May 26, 2015, by the following vote:  Yeas 134,
  Nays 11, two present not voting; May 29, 2015, House granted
  request of the Senate for appointment of Conference Committee;
  May 31, 2015, House adopted Conference Committee Report by the
  following vote:  Yeas 137, Nays 7, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor
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