Bill Text: TX SB1727 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the continuation and functions of the Texas Juvenile Justice Department, the functions of the office of independent ombudsman for the Texas Juvenile Justice Department, and the powers and duties of the office of inspector general of the Texas Juvenile Justice Department.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1727 Detail]

Download: Texas-2023-SB1727-Comm_Sub.html

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88R26036 CJD-D
By: Schwertner, et al. S.B. No. 1727
(Canales, Dutton)
Substitute the following for S.B. No. 1727: No.

A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Juvenile
Justice Department, the functions of the office of independent
ombudsman for the Texas Juvenile Justice Department, and the powers
and duties of the office of inspector general of the Texas Juvenile
Justice Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers, officers, and members of the reserve
officer corps commissioned by the Public Safety Commission and the
Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) officers commissioned under Chapter 23,
Transportation Code;
(12) municipal park and recreational patrolmen and
security officers;
(13) security officers and investigators commissioned
as peace officers by the comptroller;
(14) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) investigators commissioned by the Texas Medical
Board;
(17) officers commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; and
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) investigators employed by the Texas Racing
Commission;
(20) officers commissioned under Chapter 554,
Occupations Code;
(21) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(22) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(23) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(24) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) officers appointed by the inspector general of
[apprehension specialists and inspectors general commissioned by]
the Texas Juvenile Justice Department [as officers] under Section
[Sections] 242.102 [and 243.052], Human Resources Code;
(28) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) investigators commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061, Occupations
Code;
(31) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; and
(33) [investigators commissioned by the Texas
Juvenile Justice Department as officers under Section 221.011,
Human Resources Code; and
[(34)] the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code.
SECTION 2. Articles 18B.001(1) and (4), Code of Criminal
Procedure, are amended to read as follows:
(1) "Authorized peace officer" means:
(A) a sheriff or deputy sheriff;
(B) a constable or deputy constable;
(C) a marshal or police officer of a
municipality;
(D) a ranger or officer commissioned by the
Public Safety Commission or the director of the department;
(E) an investigator of a prosecutor's office;
(F) a law enforcement agent of the Texas
Alcoholic Beverage Commission;
(G) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(H) an enforcement officer appointed by the
inspector general of the Texas Department of Criminal Justice under
Section 493.019, Government Code;
(I) a law enforcement officer appointed by the
inspector general of the Texas Juvenile Justice Department under
Section 242.102, Human Resources Code;
(J) an investigator commissioned by the attorney
general under Section 402.009, Government Code; or
(K) [(J)] a member of an arson investigating unit
commissioned by a municipality, a county, or the state.
(4) "Designated law enforcement office or agency"
means:
(A) the sheriff's department of a county with a
population of 3.3 million or more;
(B) a police department in a municipality with a
population of 200,000 or more; [or]
(C) the office of inspector general of the Texas
Department of Criminal Justice; or
(D) the office of inspector general of the Texas
Juvenile Justice Department.
SECTION 3. Article 18B.252(b), Code of Criminal Procedure,
is amended to read as follows:
(b) If the director of the department or the director's
designee approves the policy submitted under Article 18B.251, the
inspector general of the Texas Department of Criminal Justice or
the inspector general's designee, the inspector general of the
Texas Juvenile Justice Department or the inspector general's
designee, or the sheriff or chief of a designated law enforcement
agency or the sheriff's or chief's designee, as applicable, shall
submit to the director a written list of all peace officers in the
designated law enforcement office or agency who are authorized to
possess, install, operate, or monitor pen registers, ESN readers,
or similar equipment.
SECTION 4. Article 18B.302(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The inspector general of the Texas Department of
Criminal Justice, the inspector general of the Texas Juvenile
Justice Department or the inspector general's designee, or the
sheriff or chief of a designated law enforcement agency, as
applicable, shall submit to the director of the department a
written report of expenditures made by the designated law
enforcement office or agency to purchase and maintain a pen
register, ESN reader, or similar equipment authorized under this
chapter.
SECTION 5. Article 18B.451, Code of Criminal Procedure, is
amended to read as follows:
Art. 18B.451. SUBPOENA AUTHORITY. The director of the
department or the director's designee, the inspector general of the
Texas Department of Criminal Justice or the inspector general's
designee, the inspector general of the Texas Juvenile Justice
Department or the inspector general's designee, or the sheriff or
chief of a designated law enforcement agency or the sheriff's or
chief's designee may issue an administrative subpoena to a
communication common carrier or a provider of an electronic
communications service to compel the production of any carrier's or
service provider's business records that:
(1) disclose information about:
(A) the carrier's or service provider's
customers; or
(B) users of the services offered by the carrier
or service provider; and
(2) are material to a criminal investigation.
SECTION 6. Article 18B.452, Code of Criminal Procedure, is
amended to read as follows:
Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later
than the 30th day after the date on which an administrative subpoena
is issued under Article 18B.451, the inspector general of the Texas
Department of Criminal Justice, the inspector general of the Texas
Juvenile Justice Department or the inspector general's designee, or
the sheriff or chief of a designated law enforcement agency, as
applicable, shall report to the department the issuance of the
subpoena.
SECTION 7. Section 51.12(c-1), Family Code, is amended to
read as follows:
(c-1) The Texas Juvenile Justice Department shall
[annually] inspect each public or private juvenile
pre-adjudication secure detention facility. The department shall
provide a report to each juvenile court judge presiding in the same
county as an inspected facility indicating whether the facility is
suitable or unsuitable for the detention of children in accordance
with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication secure confinement promulgated by
the department or, at the election of the juvenile board of the
county in which the facility is located, the current standards
promulgated by the American Correctional Association.
SECTION 8. Section 51.125(c), Family Code, is amended to
read as follows:
(c) The Texas Juvenile Justice Department shall [annually]
inspect each public or private juvenile post-adjudication secure
correctional facility that is not operated by the department. The
department shall provide a report to each juvenile court judge
presiding in the same county as an inspected facility indicating
whether the facility is suitable or unsuitable for the confinement
of children in accordance with minimum professional standards for
the confinement of children in post-adjudication secure
confinement promulgated by the department or, at the election of
the juvenile board of the county in which the facility is located,
the current standards promulgated by the American Correctional
Association.
SECTION 9. Section 51.126(c), Family Code, is amended to
read as follows:
(c) The Texas Juvenile Justice Department shall [annually]
inspect each nonsecure correctional facility. The Texas Juvenile
Justice Department shall provide a report to each juvenile court
judge presiding in the same county as an inspected facility
indicating whether the facility is suitable or unsuitable for the
confinement of children in accordance with minimum professional
standards for the confinement of children in nonsecure confinement
promulgated by the Texas Juvenile Justice Department or, at the
election of the juvenile board of the county in which the facility
is located, the current standards promulgated by the American
Correctional Association.
SECTION 10. Sections 51.20(a), (b), (c), and (d), Family
Code, are amended to read as follows:
(a) At any stage of the proceedings under this title,
including when a child is initially detained in a pre-adjudication
secure detention facility or a post-adjudication secure
correctional facility, the juvenile court may, at its discretion or
at the request of the child's parent or guardian, order a child who
is referred to the juvenile court or who is alleged by a petition or
found to have engaged in delinquent conduct or conduct indicating a
need for supervision to be examined by a disinterested expert,
including a physician, psychiatrist, or psychologist, qualified by
education and clinical training in mental health or intellectual
disability [mental retardation] and experienced in forensic
evaluation, to determine whether the child has a mental illness, as
defined by Section 571.003, Health and Safety Code, is a person with
an intellectual disability, [mental retardation] as defined by
Section 591.003, Health and Safety Code, or suffers from chemical
dependency, as defined by Section 464.001, Health and Safety Code.
If the examination is to include a determination of the child's
fitness to proceed, an expert may be appointed to conduct the
examination only if the expert is qualified under Subchapter B,
Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
criminal case, and the examination and the report resulting from an
examination under this subsection must comply with the requirements
under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
the examination and resulting report of a defendant in a criminal
case.
(b) If, after conducting an examination of a child ordered
under Subsection (a) and reviewing any other relevant information,
there is reason to believe that the child has a mental illness or
intellectual disability [mental retardation] or suffers from
chemical dependency, the probation department shall refer the child
to the local mental health [or mental retardation] authority, to
the local intellectual and developmental disability authority, or
to another appropriate and legally authorized agency or provider
for evaluation and services, unless the prosecuting attorney has
filed a petition under Section 53.04.
(c) If, while a child is under deferred prosecution
supervision or court-ordered probation, a qualified professional
determines that the child has a mental illness or intellectual
disability [mental retardation] or suffers from chemical
dependency and the child is not currently receiving treatment
services for the mental illness, intellectual disability [mental
retardation], or chemical dependency, the probation department
shall refer the child to the local mental health [or mental
retardation] authority, to the local intellectual and
developmental disability authority, or to another appropriate and
legally authorized agency or provider for evaluation and services.
(d) A probation department shall report each referral of a
child to a local mental health [or mental retardation] authority,
to a local intellectual and developmental disability authority, or
to another agency or provider made under Subsection (b) or (c) to
the Texas Juvenile Justice Department in a format specified by the
department.
SECTION 11. Section 56.01(c), Family Code, is amended to
read as follows:
(c) An appeal may be taken:
(1) except as provided by Subsection (n), by or on
behalf of a child from an order entered under:
(A) Section 54.02 respecting transfer of the
child for prosecution as an adult;
(B) Section 54.03 with regard to delinquent
conduct or conduct indicating a need for supervision;
(C) Section 54.04 disposing of the case;
(D) Section 54.05 respecting modification of a
previous juvenile court disposition; or
(E) Chapter 55 by a juvenile court committing a
child to a facility for persons with mental illness [the mentally
ill] or intellectual disabilities [intellectually disabled]; or
(2) by a person from an order entered under Section
54.11(i)(2) transferring the person to the custody of the Texas
Department of Criminal Justice.
SECTION 12. Section 58.009, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsections (a-1) and
(c-1) to read as follows:
(a) For purposes of this section, information is
identifiable if the information contains a juvenile offender's name
or other personal identifiers or can, by virtue of sample size or
other factors, be reasonably interpreted as referring to a
particular juvenile offender.
(a-1) Except as provided by this section, identifiable
juvenile justice information collected and maintained by the Texas
Juvenile Justice Department for statistical and research purposes
is confidential information for the use of the department and may
not be disseminated by the department.
(c) The Texas Juvenile Justice Department may grant [the
following entities] access to identifiable juvenile justice
information:
(1) for research and statistical purposes or for any
other purpose approved by the department to:
(A) [(1)] criminal justice agencies as defined
by Section 411.082, Government Code;
(B) [(2)] the Texas Education Agency, as
authorized under Section 37.084, Education Code;
(C) [(3)] any agency under the authority of the
Health and Human Services Commission; or
(D) [(4)] the Department of Family and
Protective Services; or
(2) for a purpose beneficial to and approved by the
department to an individual or entity that:
(A) is working on a research or statistical
project that meets the requirements of and is approved by the
department; and
(B) has a specific agreement with the department
that:
(i) specifically authorizes access to
identifiable juvenile justice information;
(ii) limits the use of the information to
the purposes for which the information is given;
(iii) ensures the security and
confidentiality of the information; and
(iv) provides for sanctions if a
requirement imposed under Subparagraph (i), (ii), or (iii) is
violated [(5) a public or private university].
(c-1) The Texas Juvenile Justice Department shall grant
access to juvenile justice information that is not identifiable
information for research or statistical purposes or for any other
purpose approved by the department to:
(1) criminal justice agencies as defined by Section
411.082, Government Code;
(2) the Texas Education Agency, as authorized under
Section 37.084, Education Code;
(3) any agency under the authority of the Health and
Human Services Commission;
(4) the Department of Family and Protective Services;
(5) a public or private university; or
(6) an individual or entity working on a research or
statistical project.
SECTION 13. Section 59.009(a), Family Code, is amended to
read as follows:
(a) For a child at sanction level six, the juvenile court
may commit the child to the custody of the Texas Juvenile Justice
Department [or a post-adjudication secure correctional facility
under Section 54.04011(c)(1)]. The department [, juvenile board,
or local juvenile probation department, as applicable,] may:
(1) require the child to participate in a highly
structured residential program that emphasizes discipline,
accountability, fitness, training, and productive work for not less
than nine months or more than 24 months unless the department,
board, or probation department reduces or extends the period and
the reason for the reduction or [an] extension is documented;
(2) require the child to make restitution to the
victim of the child's conduct or perform community service
restitution appropriate to the nature and degree of the harm caused
and according to the child's ability, if there is a victim of the
child's conduct;
(3) require the child and the child's parents or
guardians to participate in programs and services for their
particular needs and circumstances; and
(4) if appropriate, impose additional sanctions.
SECTION 14. Section 661.918(a), Government Code, is amended
to read as follows:
(a) This section applies to a peace officer under Article
2.12, Code of Criminal Procedure, who is commissioned or appointed,
as applicable, as a law enforcement officer or agent, including a
ranger, by:
(1) the Public Safety Commission and the director of
the Department of Public Safety;
(2) the Parks and Wildlife Commission;
(3) the Texas Alcoholic Beverage Commission;
(4) the attorney general; [or]
(5) the insurance fraud unit of the Texas Department
of Insurance; or
(6) the office of inspector general of the Texas
Juvenile Justice Department.
SECTION 15. Section 662.005(b), Government Code, is amended
to read as follows:
(b) Except as provided by Section 662.010, and
notwithstanding Section 659.015 or another law, a state employee
who is a peace officer commissioned or appointed, as applicable, by
a state officer or state agency listed under Article 2.12, Code of
Criminal Procedure, or who is employed by the Department of Public
Safety either to perform communications or dispatch services
related to traffic law enforcement or as a public security officer,
as that term is defined by Section 1701.001, Occupations Code, or
who is employed by the Parks and Wildlife Department to perform
communications and dispatch services to assist law enforcement
officers commissioned by the Parks and Wildlife Commission in
performing law enforcement duties, or who is employed by the Texas
Juvenile Justice Department to perform communication service
duties for the incident reporting center and to assist law
enforcement officers appointed by the office of inspector general
of the Texas Juvenile Justice Department in performing
investigative duties, or who is employed as a security officer
providing security and entry searches for secure correctional
facilities operated by the Texas Juvenile Justice Department, and
who is required to work on a national or state holiday that falls on
a Saturday or Sunday is entitled to compensatory time off at the
rate of one hour for each hour worked on the holiday.
SECTION 16. Sections 202.001(a) and (b), Human Resources
Code, are amended to read as follows:
(a) The board is composed of the following 11 [13] members
appointed by the governor with the advice and consent of the senate:
(1) one member who is a district court judge of a court
designated as a juvenile court;
(2) two [three] members who are members of a county
commissioners court with juvenile justice experience;
(3) one prosecutor in juvenile court;
(4) one chief juvenile probation officer of a juvenile
probation department serving a county with a population that
includes fewer than 7,500 persons younger than 18 years of age;
(5) one chief juvenile probation officer of a juvenile
probation department serving a county with a population that
includes at least 7,500 but fewer than 80,000 persons younger than
18 years of age;
(6) one chief juvenile probation officer of a juvenile
probation department serving a county with a population that
includes 80,000 or more persons younger than 18 years of age;
(7) one adolescent mental health treatment
professional licensed under Subtitle B or I, Title 3, Occupations
Code, or a representative from a local mental health authority
designated under Chapter 533, Health and Safety Code, who has
experience working with children;
(8) one member who is:
(A) an educator, as that term is defined by
Section 5.001, Education Code, with juvenile justice experience; or
(B) a juvenile justice professional with
experience managing a secure juvenile justice facility operated by
the department or a county; and
(9) two [three] members of the general public.
(b) Members serve staggered six-year terms, with the terms
of three or four [or five] members expiring on February 1 of each
odd-numbered year.
SECTION 17. Section 202.005, Human Resources Code, is
amended to read as follows:
Sec. 202.005. BOARD MEMBER RECUSAL. (a) A chief juvenile
probation officer who is a board member shall avoid the appearance
of a conflict of interest by not voting or participating in any
decision by the board that solely benefits or penalizes or
otherwise solely impacts the juvenile probation department over
which the chief juvenile probation officer has authority. The
chief juvenile probation officer may not vote or render any
decisions regarding matters of officer discipline [abuse and
neglect] presented to the board regarding the chief juvenile
probation officer's department.
(a-1) If a juvenile justice professional is appointed as a
board member under Section 202.001(a)(8), the member shall avoid
the appearance of a conflict of interest by not voting or
participating in any decision by the board that solely benefits or
penalizes or otherwise solely impacts any juvenile probation
department or facility the professional is employed by or works for
under a contract. The professional may not vote or render any
decisions regarding matters of officer discipline presented to the
board regarding any juvenile probation department or facility the
professional is employed by or works for under a contract.
(b) The board may adopt recusal requirements in addition to
those described by Subsections [Subsection] (a) and (a-1),
including requirements that are more restrictive than those
described by those subsections [Subsection (a)].
SECTION 18. Section 202.006, Human Resources Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing department operations [the
legislation that created the department];
(2) the programs, functions, rules, and budget of the
department;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the results of the most recent formal audit of the
department;
(5) [(4)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of a state
policymaking body in performing their duties; and
(6) [(5)] any applicable ethics policies adopted by
the department or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each member of the board. Each member of the board shall
sign and submit to the executive director a statement acknowledging
that the member received and has reviewed the training manual.
SECTION 19. 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, 2029 [2023].
SECTION 20. Section 203.001, Human Resources Code, is
amended by adding Subsections (b-1), (b-2), (b-3), and (b-4) to
read as follows:
(b-1) The board may delegate to the executive director the
board's responsibilities as the board determines appropriate.
(b-2) In making a delegation under Subsection (b-1), the
board shall provide, as appropriate:
(1) to the executive director with respect to each
delegation:
(A) clear direction;
(B) performance measures; and
(C) reporting requirements; and
(2) to the department, sufficient oversight to ensure
that delegated responsibilities are performed according to the
mission and funding priorities described by Subsection (c).
(b-3) The executive director is a full-time employee of the
board and shall:
(1) perform the regular administrative functions of
the board and any other duty as the board directs; and
(2) under the direction of the board, perform the
duties required by this subtitle or designated by the board.
(b-4) The executive director may not perform a
discretionary or decision-making function for which the board is
solely responsible.
SECTION 21. Section 203.002, Human Resources Code, is
amended to read as follows:
Sec. 203.002. EXECUTIVE DIRECTOR. (a) The board shall:
(1) employ an executive director to administer the
department; and
(2) supervise the director's administration of the
department.
(b) The executive director must possess the following
minimum qualifications:
(1) five years of experience in the field of juvenile
corrections or congregate care in an administrative capacity;
(2) three years of experience in the field of juvenile
corrections or congregate care in an administrative capacity and a
graduate degree from an institution of higher education in a
relevant field, including penology, adolescent development,
behavior management, or rehabilitative services; or
(3) seven years of experience in management and
administration of a government agency, institution of higher
education, or business enterprise of a size comparable to the
department.
(c) The department shall track the frequency with which the
executive director takes the following actions as defined by
department rule:
(1) selects a child for a conditional placement;
(2) selects a child for a home placement;
(3) waives the requirement for a child with a
determinate sentence to spend the child's entire minimum period of
confinement in a high-restriction facility;
(4) waives the requirement for a child to be on
intensive supervision when initially released on parole;
(5) authorizes early discharges for a child on parole;
or
(6) finalizes an appeal brought by an advocacy group
or social service provider who was denied certain access to
department facilities.
(d) The executive director shall provide the board and the
Sunset Advisory Commission at the beginning of each calendar
quarter aggregated data on the number of times each action
described by Subsection (c) was taken during the previous calendar
quarter.
SECTION 22. Section 203.0081, Human Resources Code, is
amended by amending Subsections (a) and (e) and adding Subsection
(c-1) to read as follows:
(a) The advisory council on juvenile services consists of:
(1) the executive director of the department or the
executive director's designee;
(2) the director of probation services of the
department or the director's designee;
(3) the director of state programs and facilities of
the department or the director's designee;
(4) the executive commissioner of the Health and Human
Services Commission or the commissioner's designee;
(5) one representative of the county commissioners
courts appointed by the board;
(6) two juvenile court judges appointed by the board;
[and]
(7) seven chief juvenile probation officers appointed
by the board as provided by Subsection (b); and
(8) the commissioner of the Department of Family and
Protective Services or the commissioner's designee.
(c-1) The board shall adopt rules regarding:
(1) the purpose, role, responsibility, goals, and
duration of the advisory council;
(2) the quorum requirement for the advisory council;
(3) training requirements for advisory council
members;
(4) policies to avoid conflicts of interest by
advisory council members;
(5) a periodic review process to evaluate the
continuing need for the advisory council;
(6) policies to ensure the advisory council does not
violate any provision of Chapter 551, Government Code, applicable
to the board or the advisory council;
(7) the appropriate level of participation from ex
officio advisory council members designated under Subsections
(a)(1)-(4) and (8); and
(8) reporting requirements and other communication
procedures between the board and the advisory council.
(e) The advisory council shall assist the department in:
(1) determining the needs and problems of county
juvenile boards and probation departments;
(2) conducting long-range strategic planning;
(3) reviewing and proposing revisions to existing or
newly proposed standards affecting juvenile probation programs,
services, or facilities;
(4) analyzing the potential cost impact on juvenile
probation departments of new standards proposed by the board; [and]
(5) assessing and developing recommendations to
improve the sharing of information between agencies that serve
children, including agencies serving children in both the juvenile
justice and child welfare systems; and
(6) advising the board on any other matter on the
request of the board.
SECTION 23. Chapter 203, Human Resources Code, is amended
by adding Sections 203.0083, 203.0084, and 203.0085 to read as
follows:
Sec. 203.0083. AUTHORITY TO ESTABLISH ADVISORY COMMITTEES.
(a) The board by rule may establish advisory committees to make
recommendations to the board on programs, rules, and policies
administered by the board.
(b) In establishing an advisory committee under this
section, the board shall adopt rules, including rules regarding:
(1) the purpose, role, responsibility, goals, and
duration of the committee;
(2) the size of and quorum requirement for the
committee;
(3) qualifications for committee membership;
(4) appointment procedures for members;
(5) terms of service for members;
(6) training requirements for members;
(7) policies to avoid conflicts of interest by
members;
(8) a periodic review process to evaluate the
continuing need for the committee; and
(9) policies to ensure the committee does not violate
any provision of Chapter 551, Government Code, applicable to the
board or the committee.
(c) The board shall establish a youth career and technical
education advisory committee and adopt rules required by Subsection
(b) for the committee. The advisory committee shall assist the
department with overseeing and coordinating vocational training
for youth in the custody of the department, including training
provided by community colleges and other local entities with which
the department may partner.
Sec. 203.0084. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)
The department shall develop a comprehensive set of risk factors to
use in assessing the overall risk level of the facilities and
entities inspected by the department under:
(1) Chapter 51, Family Code;
(2) Section 221.008 of this code; and
(3) Subtitle C, Title 12, of this code.
(b) The risk factors described by Subsection (a) may
include:
(1) the entity type;
(2) available programming;
(3) past and repeat standards violations;
(4) the volume and types of complaints received by the
department;
(5) recent leadership changes;
(6) high staff turnover;
(7) relevant findings from the office of independent
ombudsman and the office of inspector general;
(8) negative media attention; and
(9) the number of months since the date of the
department's last inspection of the entity.
(c) The department shall use the risk factors developed
under this section to guide the inspections process for facilities
and entities described by Subsection (a) by developing risk
assessment tools with clear, objective standards to use in
assessing the overall risk level of each entity.
(d) The department may develop distinct assessment tools
under Subsection (c) for different entity types, as appropriate.
(e) The department shall periodically review the assessment
tools developed under this section to ensure that the tools remain
up to date and meaningful, as determined by the department.
Sec. 203.0085. RISK-BASED INSPECTIONS. (a) The department
shall adopt a policy prioritizing inspections conducted by the
department under:
(1) Chapter 51, Family Code;
(2) Section 221.008 of this code; and
(3) Subtitle C, Title 12, of this code.
(b) The policy under Subsection (a) must require the
department to:
(1) prioritize the inspection of entities based on the
relative risk level of each entity; and
(2) use the risk assessment tools established under
Section 203.0084 to determine how frequently and intensively the
department conducts risk-based inspections.
(c) The policy under Subsection (a) may provide for the
department to use alternative inspection methods for entities
determined to be low risk, including the following methods:
(1) desk audits of key documentation;
(2) abbreviated inspection procedures;
(3) videoconference technology; and
(4) other methods that are an alternative to
conducting an in-person inspection.
(d) On request by the department, a juvenile probation
department or a private facility under the department's
jurisdiction shall provide information on a routine basis, as
determined by the department, to assist the department in
implementing a risk-based inspection schedule.
SECTION 24. Section 203.010(c), Human Resources Code, is
amended to read as follows:
(c) Criminal complaints initially referred to the office of
[the] inspector general relating to juvenile probation programs,
services, or facilities shall be sent to the appropriate local law
enforcement agency. The office of inspector general has concurrent
jurisdiction on agreement with the local law enforcement agency to
conduct a criminal investigation under Section 242.102. Any other
complaint shall be referred to the appropriate division of the
department. The board by rule shall establish policies for the
referral of noncriminal complaints.
SECTION 25. Chapter 203, Human Resources Code, is amended
by adding Section 203.0101 to read as follows:
Sec. 203.0101. STATISTICAL ANALYSIS OF COMPLAINTS. (a)
The department shall make available on the department's Internet
website a statistical analysis of the complaints received against
certified officers by the department.
(b) The complaint analysis under this section must include
aggregate information on the number, source, type, and disposition
of complaints received against certified officers during the
preceding fiscal year and include the following information:
(1) the number of certified officers by certification
type;
(2) the number of complaints against certified
officers by certification type;
(3) the number of complaints resolved and the manner
of resolution, including:
(A) the total number of agreed, default, and
board orders entered;
(B) the total number of cases referred for
contested case hearings by the State Office of Administrative
Hearings;
(C) the total number of contested cases heard by
the State Office of Administrative Hearings; and
(D) the total number of contested cases that were
appealed to a district court;
(4) the average number of days required to resolve a
complaint;
(5) a detailed analysis of the resolution for each
closed complaint, by the nature of the alleged violation; and
(6) a detailed analysis of each closed complaint, by
source.
SECTION 26. Section 203.013, Human Resources Code, is
amended by adding Subsection (c) to read as follows:
(c) The executive director shall acknowledge receipt of and
discuss the results of internal audits with the board.
SECTION 27. Section 203.014(c), Human Resources Code, is
amended to read as follows:
(c) The office of inspector general shall operate the
toll-free number required by Subsection (a) and the 24-hour
incident reporting center and [department] shall share the
complaints received with the appropriate department entity [on the
toll-free number with the office of inspector general and the
office of the independent ombudsman].
SECTION 28. Section 203.017, Human Resources Code, is
amended by adding Subsections (a-1), (a-2), (b-1), and (e-1) and
amending Subsection (e) to read as follows:
(a-1) The department shall update and submit the
regionalization plan developed under Subsection (a) to the Sunset
Advisory Commission and standing legislative committees with
primary jurisdiction over juvenile justice matters by December 1 of
each even-numbered year. Before submitting the plan, the
department must present an updated draft of the regionalization
plan to the board for public comment and board approval.
(a-2) The department may incorporate relevant suggestions,
needs, or recommendations from the regionalization plan into
subsequent strategic plans, legislative appropriation requests,
and any other necessary document to support the plan's
implementation.
(b-1) In addition to the requirements of Subsection (b), in
developing the regionalization plan, the department shall consult
with:
(1) the advisory council on juvenile services;
(2) juvenile probation departments;
(3) regional juvenile probation associations;
(4) advocacy groups;
(5) parents and guardians of children under the
jurisdiction of the department;
(6) individuals formerly involved in the juvenile
justice system; and
(7) any other stakeholder the department determines
may be helpful.
(e) The regionalization plan must, as applicable:
(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;
(4) include:
(A) information on the department's compliance
with statutory regionalization requirements;
(B) information on internal goals for diverting
children from commitment to the department; and
(C) an analysis of rates of commitment to the
custody of the department, broken down by region and county, and any
relevant recommendations regarding trends in these rates; and
(5) include specific, actionable steps regarding how
the department will enhance regional capacity, coordination, and
collaboration among juvenile probation departments to keep
children closer to home as an alternative to commitment to the
department's facilities while ensuring access to programs and the
supervision necessary to maintain public safety.
(e-1) In developing the steps under Subsection (e)(5), the
department shall consider:
(1) options to target or expand funding for juvenile
probation departments to enhance community-based programs and
maximize the use of existing juvenile justice beds;
(2) opportunities to use financial and other
incentives to encourage diversion, facilitate cooperation within
and across the regions established under Subsection (c), and
emphasize the benefits of sharing available resources among
counties;
(3) plans for creating additional capacity to minimize
gaps in juvenile justice beds and services at the local level,
including the expansion or development of beds and facilities
designated specifically for regional use; and
(4) processes for downsizing, closing, or repurposing
large state secure facilities to shift toward a more regionally
based juvenile justice system.
SECTION 29. Section 203.018(e), Human Resources Code, is
amended to read as follows:
(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 if the
department determines that the facility is appropriately
retrofitted to accommodate youth-specific requirements and needs.
SECTION 30. Chapter 203, Human Resources Code, is amended
by adding Section 203.0185 to read as follows:
Sec. 203.0185. RESOURCE MAPPING. (a) The department shall
partner with one or more public or private institutions of higher
education to inventory and map resources available for children in
the juvenile justice system. To determine the types of information
the department requires to timely identify and address resource,
program, and service gaps in probation regions that result in
commitments to department secure facilities, the department shall
consult with:
(1) institutions of higher education;
(2) the advisory council on juvenile services; and
(3) other relevant stakeholders.
(b) The board shall adopt rules requiring juvenile
probation departments, at useful and reasonable intervals, to
report to the department relevant information on resource, program,
and service gaps identified under Subsection (a), including
information on:
(1) the needs of children committed to the department
that are not being met with community resources; and
(2) the types of resources, programs, and services
that, if available in the community, may allow juvenile probation
departments to keep children closer to home as an alternative to
commitment to the department.
SECTION 31. Section 221.002, Human Resources Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) In adopting rules under Subsection (a)(4), the board
shall authorize a juvenile probation department to house a child
committed to the department in a pre-adjudication secure detention
facility or a post-adjudication secure correctional facility as the
child awaits transfer to the department.
SECTION 32. Section 221.056(a), Human Resources Code, is
amended to read as follows:
(a) The department may contract with a local mental health
[and mental retardation] authority for the establishment of a
residential treatment facility for juveniles with mental illness or
emotional injury who, as a condition of juvenile probation, are
ordered by a court to reside at the facility and receive education
services at the facility. The department may work in cooperation
with the local mental health [and mental retardation] authority to
provide mental health residential treatment services for juveniles
residing at a facility established under this section.
SECTION 33. Section 222.001, Human Resources Code, is
amended by amending Subsection (a) and adding Subsection (b-1) to
read as follows:
(a) To be eligible for appointment as a probation officer, a
person who was not employed as a probation officer before September
1, 1981, must:
(1) [be of good moral character;
[(2) have acquired a bachelor's degree conferred by a
college or university accredited by an accrediting organization
recognized by the Texas Higher Education Coordinating Board;
[(3) have either:
[(A) one year of graduate study in criminology,
corrections, counseling, law, social work, psychology, sociology,
or other field of instruction approved by the department; or
[(B) one year of experience in full-time case
work, counseling, or community or group work:
[(i) in a social service, community,
corrections, or juvenile agency that deals with offenders or
disadvantaged persons; and
[(ii) that the department determines
provides the kind of experience necessary to meet this requirement;
[(4)] have satisfactorily completed the course of
preservice training or instruction and any continuing education
required by the department;
(2) [(5)] have passed the tests or examinations
required by the department; and
(3) [(6)] possess the level of certification required
by the department.
(b-1) The department by rule shall establish, with input
from the advisory council on juvenile services and other relevant
stakeholders, the minimum education and experience requirements a
person must meet to be eligible for a juvenile probation officer
certification. Rules adopted by the department under this
subsection must be the least restrictive rules possible to ensure
certified juvenile probation officers are qualified to protect
children and public safety without creating barriers to entry into
the profession.
SECTION 34. Section 222.002, Human Resources Code, is
amended to read as follows:
Sec. 222.002. MINIMUM STANDARDS FOR DETENTION OFFICERS. To
be eligible for appointment as a detention officer, a person who was
not employed as a detention officer before September 1, 2005, must:
(1) [be of good moral character;
[(2)] be at least 21 years of age;
(2) [(3)] have acquired a high school diploma or its
equivalent;
(3) [(4)] have satisfactorily completed the course of
preservice training or instruction required by the department;
(4) [(5)] have passed the tests or examinations
required by the department; and
(5) [(6)] possess the level of certification required
by the department.
SECTION 35. Subchapter B, Chapter 222, Human Resources
Code, is amended by adding Sections 222.0521 and 222.0522 to read as
follows:
Sec. 222.0521. APPLICATION OF CERTAIN LAW. Chapter 53,
Occupations Code, applies to the issuance of a certification issued
by the department.
Sec. 222.0522. PROVISIONAL CERTIFICATION. (a) The
department may issue a provisional certification to an employee of
a juvenile probation department or a private facility that houses
youth on probation until the employee is certified under Section
222.001, 222.002, or 222.003, as applicable.
(b) The department shall adopt rules to implement
Subsection (a), including rules regarding eligibility for
provisional certification and application procedures.
SECTION 36. Section 223.001, Human Resources Code, is
amended by adding Subsections (a-1), (a-2), and (d-1) and amending
Subsection (c) to read as follows:
(a-1) The department may incorporate as factors in the basic
probation funding formula under Subsection (a) measures that create
incentives for diverting children from the juvenile justice system.
The department may prioritize factors for which the department
collects relevant information. The board may adopt rules
establishing and defining the factors under this subsection.
(a-2) When revising the basic probation funding formula
under Subsection (a), the department shall consult and coordinate
with relevant stakeholders, including:
(1) the advisory council on juvenile services; and
(2) the Legislative Budget Board.
(c) The department shall 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. The department may
incorporate incentives into the discretionary grant funding
protocols that encourage collaboration between juvenile probation
departments.
(d-1) The board, in consultation with the advisory council
on juvenile services, shall adopt rules requiring a juvenile
probation department to apply for the placement of a child in a
regional specialized program before a juvenile court commits the
child to the department's custody under Chapter 54, Family Code.
The board by rule may establish exceptions to this requirement for
offenses or circumstances the department considers inappropriate
for diversion from commitment to state custody.
SECTION 37. Chapter 241, Human Resources Code, is amended
by adding Section 241.009 to read as follows:
Sec. 241.009. COMMITMENT INFORMATION. (a) Not later than
October 1 of each year, the department shall publish on the
department's Internet website aggregated information on the number
of children committed to the department during the previous fiscal
year, categorized by:
(1) committing offense level;
(2) sentence type;
(3) age; and
(4) sex.
(b) The department shall publish quarterly on the
department's Internet website end-of-month data described by
Subsection (a), aggregated for all children committed to the
department and for children placed in each secure facility and
halfway house.
(c) The department shall ensure that information regarding
an individual child cannot be identified in any of the aggregated
information published under this section.
SECTION 38. The heading to Section 242.002, Human Resources
Code, is amended to read as follows:
Sec. 242.002. [EVALUATION OF] TREATMENT PROGRAMS;
AVAILABILITY.
SECTION 39. Sections 242.002(c) and (d), Human Resources
Code, are amended to read as follows:
(c) The department shall offer or make available programs
for the rehabilitation and reestablishment in society of children
committed to the department, including programs for females and for
sex offenders, capital offenders, children who are chemically
dependent, and children with mental illness, [described by
Subsection (a)] in an adequate manner so that a child in the custody
of the department receives appropriate rehabilitation services
recommended for the child by the court committing the child to the
department.
(d) If the department is unable to offer or make available
programs described by [Subsection (a) in the manner provided by]
Subsection (c), the department shall, not later than December 31 of
each even-numbered year, provide the standing committees of the
senate and house of representatives with primary jurisdiction over
matters concerning correctional facilities with a report
explaining:
(1) which programs are not offered or are unavailable;
and
(2) the reason the programs are not offered or are
unavailable.
SECTION 40. Section 242.056(a), Human Resources Code, is
amended to read as follows:
(a) The department shall allow advocacy and support groups
whose primary functions are to benefit children, inmates, girls and
women, persons with mental illness [the mentally ill], or victims
of sexual assault to provide on-site information, support, and
other services for children confined in department facilities.
SECTION 41. Section 242.102, Human Resources Code, is
amended by amending Subsections (a), (b), (c), (d), (e), (g), and
(h) and adding Subsections (a-1), (a-2), (b-1), (c-1), and (j) to
read as follows:
(a) The office of inspector general is established at the
department under the direction of the board as a law enforcement
agency for the purpose of:
(1) preventing, detecting, and investigating:
(A) crimes committed by department employees,
including parole officers employed by or under a contract with the
department; and
(B) crimes and delinquent conduct committed at a
facility operated by the department, a residential facility
operated by another entity under a contract with the department, or
any facility in which a child committed to the custody of the
department is housed or receives medical or mental health
treatment, including:
(i) unauthorized or illegal entry into a
department facility;
(ii) the introduction of contraband into a
department facility;
(iii) escape from a secure facility; and
(iv) organized criminal activity; [and]
(2) investigating complaints received under Section
203.010 involving allegations of abuse, neglect, or exploitation of
children in juvenile justice programs or facilities under Section
261.405, Family Code;
(3) investigating complaints of abuse, neglect, or
exploitation of:
(A) juveniles housed in a pre-adjudication or
post-adjudication public or private secure or nonsecure facility
regardless of licensing entity; and
(B) juveniles committed to the department;
(4) apprehending juveniles after escape or violation
of release conditions as described by Section 243.051;
(5) investigating gang-related activity within the
juvenile justice system; and
(6) performing entry security and exterior perimeter
security searches for a department-operated secure correctional
facility, as defined by Section 51.02, Family Code.
(a-1) The office of inspector general has concurrent
jurisdiction on agreement with the local law enforcement agency to
conduct a criminal investigation under Subsection (a)(3).
(a-2) The office of inspector general shall operate the
incident reporting center for the department under Section 203.014.
(b) The office of inspector general shall prepare an
investigative [and deliver a] report concerning the results of
investigations [any investigation] conducted under this section
and may deliver the report to any of the following:
(1) the department [board];
(2) the appropriate district or county attorney
[executive director];
(3) any applicable advisory board;
(4) the governor;
(5) the lieutenant governor;
(6) the speaker of the house of representatives;
(7) the standing committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities;
(8) the special prosecution unit;
(9) the state auditor; or [and]
(10) any other appropriate state agency responsible
for licensing or certifying department employees or facilities.
(b-1) An individual or entity that receives a report under
Subsection (b) may not disclose the information unless otherwise
authorized by law.
(c) The report prepared under Subsection (b) must include a
summary of the actions performed by the office of inspector general
in conducting the investigation, a statement of whether the
investigation resulted in a determination [finding] that abuse,
neglect, or exploitation, a criminal offense, or delinquent conduct
occurred, and a description of the determination [finding]. The
report is public information under Chapter 552, Government Code,
only to the extent authorized under that chapter and other law.
(c-1) The board by rule shall require any findings related
to an administrative investigation under Subsection (a)(2) to be
reviewed for legal sufficiency before being made public.
(d) The office of inspector general may employ
investigators and security officers and employ and appoint
[commission] inspectors general as peace officers for the purpose
of carrying out the duties described by this section. An inspector
general shall have all of the powers and duties given to peace
officers under Article 2.13, Code of Criminal Procedure.
(e) Peace officers employed and appointed [commissioned]
under Subsection (d) must:
(1) be certified by the Texas Commission on Law
Enforcement under Chapter 1701, Occupations Code; and
(2) complete advanced courses relating to the duties
of peace officers employed and appointed [commissioned] under
Subsection (d) as part of any continuing education requirements for
the peace officers.
(g) The chief inspector general shall on a quarterly basis
prepare and deliver a report concerning the operations of the
office of inspector general to:
(1) the board;
(2) the executive director;
(3) any applicable advisory board;
(4) the governor;
(5) the lieutenant governor;
(6) the speaker of the house of representatives;
(7) the standing committees of the senate and house of
representatives with primary jurisdiction over correctional
facilities;
(8) the state auditor; [and]
(9) the comptroller; and
(10) the special prosecution unit.
(h) A report prepared under Subsection (g) is public
information under Chapter 552, Government Code, to the extent
authorized under that chapter and other law, and the department
shall publish the report on the department's Internet website. A
report must be both aggregated and disaggregated by individual
facility and include information relating to:
(1) the types of investigations conducted by the
office of inspector general, such as whether an investigation
concerned narcotics or an alleged incident of sexual abuse;
(2) the relationship of a victim to a perpetrator, if
applicable; [and]
(3) the number of investigations conducted concerning
suicides, deaths, and hospitalizations of children in the custody
of the department at secure facilities, on parole, or at other
placement locations; and
(4) the final disposition of any complaint received
under Section 203.010 related to juvenile probation departments and
Section 261.405, Family Code, that concerns the abuse, neglect, or
exploitation of a juvenile.
(j) The department shall ensure that a peace officer
appointed under Subsection (d) is compensated according to Schedule
C of the position classification salary schedule prescribed by the
General Appropriations Act.
SECTION 42. Section 243.001, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) The department shall place a child in the most
restrictive setting appropriate as the child awaits an adjudication
or prosecution for conduct constituting a felony of the first or
second degree while in the department's custody. The board by rule
shall establish placement procedures that guide the department in
determining the most appropriate setting for the child based on
rehabilitative needs while preserving due process rights.
SECTION 43. The heading to Section 244.011, Human Resources
Code, is amended to read as follows:
Sec. 244.011. CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL
DISABILITIES [MENTAL RETARDATION].
SECTION 44. Sections 244.011(a), (b), (e), (f), and (g),
Human Resources Code, are amended to read as follows:
(a) The department shall accept a child with mental illness
or intellectual disabilities who is committed to the department
[who is mentally ill or mentally retarded].
(b) Unless the [a] child is committed to the department
under a determinate sentence under Section 54.04(d)(3), 54.04(m),
or 54.05(f), Family Code, the department shall discharge a child
with mental illness or intellectual disabilities [who is mentally
ill or mentally retarded] from its custody if:
(1) the child has completed the minimum length of stay
for the child's committing offense; and
(2) the department determines that the child is unable
to progress in the department's rehabilitation programs because of
the child's mental illness or intellectual disabilities [mental
retardation].
(e) If a child who is discharged from the department under
Subsection (b) as a result of an intellectual disability [mental
retardation] is not receiving intellectual disability [mental
retardation] services, the child's discharge is effective on the
earlier of:
(1) the date the court enters an order regarding an
application for intellectual disability [mental retardation]
services filed under Section 244.012(b); or
(2) the 30th day after the date that the application is
filed.
(f) If a child who is discharged from the department under
Subsection (b) as a result of an intellectual disability [mental
retardation] is receiving intellectual disability [mental
retardation] services, the child's discharge from the department
is effective immediately.
(g) If a child with mental illness or intellectual
disabilities [who is mentally ill or mentally retarded] is
discharged from the department under Subsection (b), the child is
eligible to receive continuity of care services from the Texas
Correctional Office on Offenders with Medical or Mental Impairments
under Chapter 614, Health and Safety Code.
SECTION 45. Section 244.012, Human Resources Code, is
amended to read as follows:
Sec. 244.012. EXAMINATION BEFORE DISCHARGE. (a) The
department shall establish a system that identifies children with
mental illness or intellectual disabilities in the department's
custody [who are mentally ill or mentally retarded].
(b) Before a child with mental illness [who is identified as
mentally ill] is discharged from the department's custody under
Section 244.011(b), a department psychiatrist shall examine the
child. The department shall refer a child requiring outpatient
psychiatric treatment to the appropriate mental health authority.
For a child requiring inpatient psychiatric treatment, the
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 is a child with mental illness [mentally ill] and the
child meets at least one of the criteria listed in Section 574.034
or 574.0345, Health and Safety Code.
(c) Before a child who is identified as having an
intellectual disability [mentally retarded] under Chapter 593,
Health and Safety Code, is discharged from the department's custody
under Section 244.011(b), the department shall refer the child for
intellectual disability [mental retardation] services if the child
is not receiving intellectual disability [mental retardation]
services.
SECTION 46. Sections 245.0535(h) and (i), Human Resources
Code, are amended to read as follows:
(h) The department shall conduct and coordinate research:
(1) to determine whether the comprehensive reentry and
reintegration plan developed under this section reduces recidivism
rates; and
(2) to review the effectiveness of the department's
programs for the rehabilitation and reestablishment in society of
children committed to the department, including programs for
females and for sex offenders, capital offenders, children who are
chemically dependent, and children with mental illness.
(i) Not later than December 31 of each even-numbered year,
the department shall deliver a report of the results of research
conducted or coordinated under Subsection (h) to the lieutenant
governor, the speaker of the house of representatives, the
Legislative Budget Board, and the standing committees of each house
of the legislature with primary jurisdiction over juvenile justice
and corrections.
SECTION 47. Section 261.002, Human Resources Code, is
amended to read as follows:
Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of
independent ombudsman is a state agency established for the purpose
of investigating, evaluating, and securing the rights of [the]
children:
(1) committed to the department, including a child
released under supervision before final discharge; and
(2) adjudicated for conduct that constitutes an
offense and placed in a facility operated by or contracted with a
juvenile probation department or juvenile board.
SECTION 48. Section 261.056(a), Human Resources Code, is
amended to read as follows:
(a) The department shall allow any child committed to the
department or adjudicated for conduct that constitutes an offense
and placed in a facility operated by or contracted with a juvenile
probation department or juvenile board to communicate with the
independent ombudsman or an assistant to the ombudsman. The
communication:
(1) may be in person, by mail, or by any other means;
and
(2) is confidential and privileged.
SECTION 49. Section 261.057, Human Resources Code, is
amended to read as follows:
Sec. 261.057. PROMOTION OF AWARENESS OF OFFICE. The
independent ombudsman shall promote awareness among the public and
the children committed to the department or adjudicated for conduct
that constitutes an offense and placed in a facility operated by or
contracted with a juvenile probation department or juvenile board
of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
SECTION 50. Section 261.061(c), Human Resources Code, is
amended to read as follows:
(c) The office shall periodically notify the complaint
parties of the status of the complaint until final disposition
unless the notice would jeopardize an investigation.
SECTION 51. Section 261.101, Human Resources Code, is
amended by amending Subsection (a) and adding Subsection (g) 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, juvenile
probation departments, or other entities operating facilities in
which children adjudicated for conduct that constitutes an offense
are placed 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, a child
adjudicated for conduct that constitutes an offense and placed in a
facility operated by or contracted with a juvenile probation
department or juvenile board, or the child's family may be in need
of assistance from the office; or
(B) a systemic issue raised in a complaint about
the [department's] provision of services to children by the
department, juvenile probation departments, or other entities
operating facilities in which children adjudicated for conduct that
constitutes an offense are placed [is raised by a complaint];
(4) review or inspect periodically the facilities and
procedures of any institution or residence in which a child
adjudicated for conduct that constitutes an offense has been placed
by the department or a juvenile probation 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 or adjudicated
for conduct that constitutes an offense and placed in a facility
operated by or contracted with a juvenile probation department or
juvenile board;
(8) make appropriate referrals under any of the duties
and powers listed in this subsection;
(9) supervise assistants who are serving as advocates
in internal administrative and disciplinary hearings by
representing [in their representation of] children committed to the
department or adjudicated for conduct that constitutes an offense
and placed in a facility operated by or contracted with a juvenile
probation department or juvenile board [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;
(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.
(g) The department and juvenile probation departments shall
notify the office regarding any private facility described by
Subsection (f)(1) with which the department or the juvenile
probation department contracts to place children adjudicated as
having engaged in conduct indicating a need for supervision or
delinquent conduct. The report under this subsection must be made
annually and updated at the time a new contract is entered into with
a facility described by this subsection. The office shall adopt
rules to implement the reporting requirements under this
subsection, including the specific times the report must be made.
SECTION 52. Section 261.102, Human Resources Code, is
amended to read as follows:
Sec. 261.102. TREATMENT OF [DEPARTMENT] EMPLOYEES WHO
COOPERATE WITH INDEPENDENT OMBUDSMAN. The department, a juvenile
probation department, or another entity operating a facility in
which children adjudicated for conduct that constitutes an offense
are placed may not discharge or in any manner discriminate or
retaliate against an employee who in good faith makes a complaint to
the office of independent ombudsman or cooperates with the office
in an investigation.
SECTION 53. Subchapter C, Chapter 261, Human Resources
Code, is amended by adding Sections 261.105 and 261.106 to read as
follows:
Sec. 261.105. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)
The office shall develop a comprehensive set of risk factors to use
in assessing the overall risk level of facilities and entities
described by Section 261.101(f) and of department parole offices.
The risk factors may include:
(1) the entity type;
(2) past and repeat children's rights violations;
(3) the volume and types of complaints received by the
office;
(4) recent changes in a facility or parole office
leadership;
(5) high staff turnover;
(6) relevant investigations by the office of the
inspector general of the department;
(7) negative media attention; and
(8) the number of months since the date of the office's
last inspection of the entity.
(b) The office shall use the risk factors developed under
this section to guide the inspections of facilities and entities
described by Section 261.101(f), and of department parole offices,
by developing risk assessment tools with clear, objective standards
to use in assessing the overall risk level of each facility, entity,
or parole office.
(c) The office may develop distinct assessment tools under
Subsection (b) for different entity types, as appropriate.
(d) The office shall periodically review the assessment
tools developed under this section to ensure that the tools remain
up to date and meaningful, as determined by the office.
Sec. 261.106. RISK-BASED INSPECTIONS. (a) The office
shall adopt a policy prioritizing the inspection of facilities
conducted under Section 261.101(f) and of department parole offices
based on the relative risk level of each entity.
(b) The policy under Subsection (a) must require the office
to use the risk assessment tools established under Section 261.105
to determine how frequently and intensively the office conducts
risk-based inspections.
(c) The policy under Subsection (a) may provide for the
office to use alternative inspection methods for entities
determined to be low risk, including the following methods:
(1) desk audits of key documentation;
(2) abbreviated inspection procedures;
(3) videoconference technology; and
(4) other methods that are an alternative to
conducting an in-person inspection.
(d) On request by the office, the department, a juvenile
probation department, or a private facility under the office's
jurisdiction shall provide information on a routine basis, as
determined by the office, to assist the office in implementing a
risk-based inspection schedule.
SECTION 54. Section 261.151(c), Human Resources Code, is
amended to read as follows:
(c) A local law enforcement agency shall allow the
independent ombudsman access to its records relating to any child
in the care or custody of the department or any child adjudicated
for conduct that constitutes an offense and placed in a facility
operated by or contracted with a juvenile probation department or
juvenile board.
SECTION 55. Section 261.152, Human Resources Code, is
amended to read as follows:
Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
The independent ombudsman shall have access to the records of a
private entity that relate to a child committed to the department or
a child adjudicated for conduct that constitutes an offense and
placed in a private facility contracted with a juvenile probation
department or juvenile board.
SECTION 56. Subchapter D, Chapter 261, Human Resources
Code, is amended by adding Section 261.153 to read as follows:
Sec. 261.153. ACCESS TO INFORMATION OF JUVENILE PROBATION
DEPARTMENTS. The independent ombudsman shall have access to the
records of a juvenile probation department that relate to a child
adjudicated for conduct that constitutes an offense and placed in a
facility operated by or contracted with a juvenile probation
department or juvenile board.
SECTION 57. The following provisions are repealed:
(1) Sections 58.009(d), (f), and (g), Family Code;
(2) Section 221.011, Human Resources Code;
(3) Section 221.055, Human Resources Code;
(4) Sections 222.001(b) and (f), Human Resources Code;
(5) Sections 242.002(a) and (b), Human Resources Code;
(6) Section 243.052, Human Resources Code; and
(7) Section 246.002, Human Resources Code.
SECTION 58. (a) Not later than January 1, 2024, the Texas
Juvenile Justice Department shall repeal any rule requiring that an
individual must be of good moral character to qualify for a
department certification.
(b) Not later than December 1, 2024, the Texas Juvenile
Justice Department shall submit the first updated regionalization
plan required by Section 203.017(a-1), Human Resources Code, as
added by this Act.
SECTION 59. (a) Notwithstanding Section 202.001(b), Human
Resources Code, as amended by this Act, and except as otherwise
provided by this subsection, the term for a member of the Texas
Juvenile Justice Board serving on September 1, 2023, expires on
that date. A board member serving on that date may continue to
serve as a member of the board until a majority of appointments to
the board are made under Subsection (b) of this section. A member
of the board described by this subsection is eligible for
reappointment under Subsection (b) of this section.
(b) In making the initial appointments to the board
according to the changes in law made by this Act to Section 202.001,
Human Resources Code, the governor shall designate:
(1) three members to serve terms expiring February 1,
2025;
(2) four members to serve terms expiring February 1,
2027; and
(3) four members to serve terms expiring February 1,
2029.
SECTION 60. (a) Except as provided by Subsection (b) of
this section, Section 202.006, Human Resources Code, as amended by
this Act, applies to a member of the Texas Juvenile Justice Board
appointed before, on, or after the effective date of this Act.
(b) A member of the Texas Juvenile Justice Board who before
the effective date of this Act completed the training program
required by Section 202.006, Human Resources Code, as that law
existed before the effective date of this Act, is only required to
complete additional training on the subjects added by this Act to
the training program required by Section 202.006, Human Resources
Code. A board member described by this subsection may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board held on or after December 1, 2023, until the member
completes the additional training.
SECTION 61. (a) The classification officer in the office
of the state auditor shall classify the position of appointed peace
officer employed by the office of inspector general of the Texas
Juvenile Justice Department as a Schedule C position under the
Texas Position Classification Plan.
(b) The change made by the classification officer as
required by this section applies beginning with the state fiscal
biennium beginning September 1, 2023.
(c) This section expires September 1, 2025.
SECTION 62. Section 661.918(a), Government Code, as amended
by this Act, applies only to an injury that occurs on or after the
effective date of this Act.
SECTION 63. This Act takes effect September 1, 2023.