Bill Text: TX SB1630 | 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 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-Comm_Sub.html
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-Comm_Sub.html
By: Whitmire | S.B. No. 1630 | |
(Turner of Harris) | ||
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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 [ |
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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, as documented in a validated | ||
needs assessment conducted by the juvenile probation department | ||
serving the court. | ||
SECTION 3. 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 to identify post-adjudication facility capacity that | ||
may be dedicated to support the regionalization plan. | ||
(c) The regionalization plan must define regions of the | ||
state to be served by facilities operated by juvenile probation | ||
departments, counties, 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; and | ||
(2) create a new division of the department | ||
responsible for administering the regionalization plan and | ||
monitoring program quality and accountability. | ||
(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 | ||
developed regional model; | ||
(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. | ||
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) may 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 probation or parole, or otherwise | ||
released under supervision. | ||
(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. | ||
SECTION 4. 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 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 [ |
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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. | ||
SECTION 5. Section 261.101(e), Human Resources Code, is | ||
amended to read as follows: | ||
(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; | ||
(2) post-adjudication correctional facilities under | ||
Section 51.125, Family Code; and | ||
(3) the investigation of complaints alleging a | ||
violation of the rights of the children committed to a facility | ||
described by Subdivision (2). | ||
SECTION 6. 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 7. This Act takes effect September 1, 2015. |