Bill Text: TX HB1520 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the continuation and functions of the Texas Juvenile Justice Department and the functions of the office of independent ombudsman for the Texas Juvenile Justice Department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB1520 Detail]

Download: Texas-2023-HB1520-Introduced.html

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88R6713 CJD-D
By: Canales H.B. No. 1520

A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Juvenile
Justice Department and the functions of the office of independent
ombudsman for the Texas Juvenile Justice Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.054, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) Article 42A.053 does not apply to a defendant if it is
shown that the defendant committed an offense punishable as a
felony when the defendant was:
(1) at least 17 years of age;
(2) committed to the Texas Juvenile Justice
Department; and
(3) confined in a secure facility operated under
Subtitle C, Title 12, Human Resources Code.
SECTION 2. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section 21.11,
22.011, or 22.021, Penal Code, if the victim of the offense was
younger than 14 years of age at the time the offense was committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code;
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections; [or]
(8) is convicted of an offense under Section 481.1123,
Health and Safety Code, if the offense is punishable under
Subsection (d), (e), or (f) of that section; or
(9) is convicted of an offense punishable as a felony
when the defendant was:
(A) at least 17 years of age;
(B) committed to the Texas Juvenile Justice
Department; and
(C) confined in a secure facility operated under
Subtitle C, Title 12, Human Resources Code.
SECTION 3. 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 4. 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 5. 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 6. Section 53.045(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), the prosecuting
attorney may refer the petition to the grand jury of the county in
which the court in which the petition is filed presides if the
petition alleges that the child engaged in delinquent conduct that:
(1) constitutes habitual felony conduct as described
by Section 51.031;
(2) [or that] included the violation of any of the
following provisions:
(A) [(1)] Section 19.02, Penal Code (murder);
(B) [(2)] Section 19.03, Penal Code (capital
murder);
(C) [(3)] Section 19.04, Penal Code
(manslaughter);
(D) [(4)] Section 20.04, Penal Code (aggravated
kidnapping);
(E) [(5)] Section 22.011, Penal Code (sexual
assault) or Section 22.021, Penal Code (aggravated sexual assault);
(F) [(6)] Section 22.02, Penal Code (aggravated
assault);
(G) [(7)] Section 29.03, Penal Code (aggravated
robbery);
(H) [(8)] Section 22.04, Penal Code (injury to a
child, elderly individual, or disabled individual), if the offense
is punishable as a felony, other than a state jail felony;
(I) [(9)] Section 22.05(b), Penal Code (felony
deadly conduct involving discharging a firearm);
(J) [(10)] Subchapter D, Chapter 481, Health and
Safety Code, if the conduct constitutes a felony of the first degree
or an aggravated controlled substance felony (certain offenses
involving controlled substances);
(K) [(11)] Section 15.03, Penal Code (criminal
solicitation);
(L) [(12)] Section 21.11(a)(1), Penal Code
(indecency with a child);
(M) [(13)] Section 15.031, Penal Code (criminal
solicitation of a minor);
(N) [(14)] Section 15.01, Penal Code (criminal
attempt), if the offense attempted was an offense under Section
19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
murder), or an offense listed by Article 42A.054(a), Code of
Criminal Procedure;
(O) [(15)] Section 28.02, Penal Code (arson), if
bodily injury or death is suffered by any person by reason of the
commission of the conduct;
(P) [(16)] Section 49.08, Penal Code
(intoxication manslaughter); or
(Q) [(17)] Section 15.02, Penal Code (criminal
conspiracy), if the offense made the subject of the criminal
conspiracy includes a violation of any of the provisions referenced
in Paragraphs (A) through (P); or
(3) constitutes a felony of the first, second, or
third degree committed while the child was committed to the Texas
Juvenile Justice Department [Subdivisions (1) through (16)].
SECTION 7. Sections 54.02(a) and (j), Family Code, are
amended to read as follows:
(a) The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the appropriate district court
or criminal district court for criminal proceedings if:
(1) the child is alleged to have violated a penal law
of the grade of felony;
(2) the child was:
(A) 14 years of age or older at the time the child
[he] is alleged to have committed the offense, if the offense is a
capital felony, an aggravated controlled substance felony, or a
felony of the first degree, and no adjudication hearing has been
conducted concerning that offense; or
(B) 15 years of age or older at the time the child
is alleged to have committed the offense, if the offense is a felony
of the second or third degree [or a state jail felony], and no
adjudication hearing has been conducted concerning that offense;
and
(3) after a full investigation and a hearing, the
juvenile court determines that there is probable cause to believe
that the child before the court committed the offense alleged and
that because of the seriousness of the offense alleged or the
background of the child the welfare of the community requires
criminal proceedings.
(j) The juvenile court may waive its exclusive original
jurisdiction and transfer a person to the appropriate district
court or criminal district court for criminal proceedings if:
(1) the person is 18 years of age or older;
(2) the person was:
(A) 10 years of age or older and under 17 years of
age at the time the person is alleged to have committed a capital
felony or an offense under Section 19.02, Penal Code;
(B) 14 years of age or older and under 17 years of
age at the time the person is alleged to have committed an
aggravated controlled substance felony or a felony of the first
degree other than an offense under Section 19.02, Penal Code; or
(C) 15 years of age or older and under 17 years of
age at the time the person is alleged to have committed a felony of
the second or third degree [or a state jail felony];
(3) no adjudication concerning the alleged offense has
been made or no adjudication hearing concerning the offense has
been conducted;
(4) the juvenile court finds from a preponderance of
the evidence that:
(A) for a reason beyond the control of the state
it was not practicable to proceed in juvenile court before the 18th
birthday of the person; or
(B) after due diligence of the state it was not
practicable to proceed in juvenile court before the 18th birthday
of the person because:
(i) the state did not have probable cause to
proceed in juvenile court and new evidence has been found since the
18th birthday of the person;
(ii) the person could not be found; or
(iii) a previous transfer order was
reversed by an appellate court or set aside by a district court; and
(5) the juvenile court determines that there is
probable cause to believe that the child before the court committed
the offense alleged.
SECTION 8. 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 9. Sections 202.001(a) and (b), Human Resources
Code, are amended to read as follows:
(a) The board is composed of the following nine [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) one member who is a member [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 or behavioral health
authority 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) one member [three members] of the general public.
(b) Members serve staggered six-year terms, with the terms
of three [four or five] members expiring on February 1 of each
odd-numbered year.
SECTION 10. Section 202.005, Human Resources Code, is
amended by adding Subsection (a-1) and amending Subsection (b) to
read as follows:
(a-1) If a juvenile justice professional is appointed as a
board member under Section 202.001(a)(8), the member shall:
(1) 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; and
(2) refrain from voting or rendering any decision
regarding a matter of abuse and neglect presented to the board with
respect to 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 11. 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 12. 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, 2025 [2023].
SECTION 13. Section 203.001, Human Resources Code, is
amended by adding Subsections (b-1) and (b-2) 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:
(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).
SECTION 14. 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:
(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 four times each year aggregated data on
the number of times each action described by Subsection (c) was
taken during the previous calendar quarter.
SECTION 15. 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, and goals of the advisory
council;
(2) the meeting procedures and quorum requirement for
the advisory council;
(3) the appropriate level of participation from the ex
officio advisory council members designated under Subsections
(a)(1)-(4);
(4) appointment or election procedures for the chair
and vice chair of the advisory council;
(5) reporting requirements and other communication
procedures between the board and the advisory council;
(6) policies to avoid conflicts of interest by members
of the advisory council; and
(7) policies to ensure the advisory council does not
violate any provision of Chapter 551, Government Code, applicable
to 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 16. Chapter 203, Human Resources Code, is amended
by adding Sections 203.0083, 203.0084, 203.0085, and 203.0101 to
read as follows:
Sec. 203.0083. AUTHORITY TO ESTABLISH ADVISORY COMMITTEES.
(a) Subject to the requirements of Chapter 2110, Government Code,
the board by rule may establish advisory committees to assist the
board with rulemaking, policy development, and other activities as
determined by the board.
(b) In establishing an advisory committee under this
section, the board shall adopt rules regarding:
(1) the purpose, role, and goals of the advisory
committee;
(2) the composition of and quorum requirement for the
committee;
(3) the qualifications for committee membership,
including:
(A) experience requirements, including any
specific expertise;
(B) representation of diverse stakeholders; and
(C) geographic diversity of committee members;
(4) appointment procedures and terms of service for
committee members;
(5) policies to avoid conflicts of interest by
committee members; and
(6) policies to ensure the committee does not violate
any provision of Chapter 551, Government Code, applicable to the
committee.
Sec. 203.0084. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)
As part of the department's duty to inspect facilities and other
entities under the department's jurisdiction, the department shall
develop a comprehensive set of risk factors to use in assessing the
overall risk level of the facilities and entities. The risk factors
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.
(b) The department shall use the risk factors developed
under this section to guide the inspections process for all
facilities and entities under the department's jurisdiction by
developing risk assessment tools with clear, objective standards to
use in assessing the overall risk level of each entity.
(c) The department may develop distinct assessment tools
under Subsection (b) for different entity types, as appropriate.
(d) 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) The department may request necessary information from a
juvenile probation department or a private facility under the
department's jurisdiction to assist the department in implementing
a risk-based inspection schedule.
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 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 17. 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 18. 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) Not later than December 1, 2024, 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. Before submitting the plan, the department must
present an updated draft of the regionalization plan to the board
for public comment and board approval. This subsection expires
September 1, 2025.
(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) regional juvenile probation associations;
(3) advocacy groups;
(4) parents and guardians of children under the
jurisdiction of the department;
(5) individuals formerly involved in the juvenile
justice system; and
(6) any other stakeholder the department determines
may be helpful.
(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;
(4) include information on:
(A) the department's compliance with statutory
regionalization requirements; and
(B) internal goals for diverting children from
commitment to the department; 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 19. 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
facility is appropriately retrofitted to accommodate
youth-specific requirements and needs.
SECTION 20. Chapter 203, Human Resources Code, is amended
by adding Section 203.0185 to read as follows:
Sec. 203.0185. INFORMATION GATHERING. (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 21. 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 22. 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:
(1) 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; and
(2) may not require that a person have a degree higher
than an associate degree from a college or university accredited by
an accrediting organization recognized by the Texas Higher
Education Coordinating Board to be eligible for certification.
SECTION 23. 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 24. 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 25. 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
currently 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 26. 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 current information described by
Subsection (a), aggregated for all children committed to the
department and individually for 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 27. The heading to Section 242.002, Human Resources
Code, is amended to read as follows:
Sec. 242.002. [EVALUATION OF] TREATMENT PROGRAMS;
AVAILABILITY.
SECTION 28. 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 29. 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 30. Section 242.102, Human Resources Code, is
amended by adding Subsection (c-1) to read as follows:
(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.
SECTION 31. 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 32. Sections 244.011(a), (b), 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].
(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 33. 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 34. Section 244.014, Human Resources Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) After a child sentenced to commitment under Section
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
of age but before the child becomes 19 years of age, the department
shall refer the child to the juvenile court that entered the order
of commitment for approval of the child's transfer to the Texas
Department of Criminal Justice for confinement if:
(1) the child has not completed the sentence;
(2) while the child was committed to the custody of the
department, the child was subsequently adjudicated or convicted for
conduct constituting a felony of the first or second degree or an
offense punishable under Section 22.01(b)(1), Penal Code; and
(3) the child was at least 16 years of age at the time
the conduct occurred.
SECTION 35. 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 36. 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.
SECTION 37. 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 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 38. 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 of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
SECTION 39. 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 40. 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 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;
(8) make appropriate referrals under any of the duties
and powers listed in this subsection;
(9) supervise assistants who are serving in internal
administrative and disciplinary hearings positions as advocates 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 [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 41. 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 42. 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 the
office has the duty to inspect. 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;
(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 process for all facilities
and entities the office inspects by developing risk assessment
tools with clear, objective standards to use in assessing the
overall risk level of each facility or entity.
(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) The office may request necessary information from
facilities inspected by the office to assist the office in
implementing a risk-based inspection schedule.
SECTION 43. 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 private
facility contracted with a juvenile probation department.
SECTION 44. 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.
SECTION 45. 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.
SECTION 46. The following provisions of the Human Resources
Code are repealed:
(1) Sections 222.001(b), (c), and (f);
(2) Sections 242.002(a) and (b); and
(3) Section 246.002.
SECTION 47. (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 regionalization plan required
by Section 203.017(a-1), Human Resources Code, as added by this
Act.
SECTION 48. (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) three members to serve terms expiring February 1,
2027; and
(3) three members to serve terms expiring February 1,
2029.
SECTION 49. (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 50. (a) For purposes of Section 202.010, Human
Resources Code, as amended by this Act, the Sunset Advisory
Commission shall conduct a limited-scope review of the Texas
Juvenile Justice Department for the 89th Legislature.
(b) In conducting the limited-scope review under this
section, the Sunset Advisory Commission staff evaluation and report
must:
(1) review the implementation of the Sunset Advisory
Commission's recommendations adopted by the commission and
statutory recommendations for the Texas Juvenile Justice
Department made to the 88th Legislature;
(2) identify the barriers to implementing the
recommendations under Subdivision (1) of this subsection;
(3) identify any changes needed to improve
coordination between the Texas Juvenile Justice Department and the
Texas Department of Criminal Justice, particularly for children
transferred from the custody of the Texas Juvenile Justice
Department to the custody of the Texas Department of Criminal
Justice; and
(4) review the decision-making processes involving
the Texas Juvenile Justice Board and executive director to evaluate
any needed changes in board engagement, delegation of duties, staff
discretion, and transparency.
(c) The Sunset Advisory Commission's recommendations to the
89th Legislature may include any recommendation the commission
considers appropriate based on the limited-scope review conducted
under this section.
SECTION 51. The Texas Juvenile Justice Board shall
establish a Youth Career and Technical Education Advisory
Committee. The advisory committee shall assist the Texas Juvenile
Justice Department with overseeing and coordinating ongoing and
future 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.
SECTION 52. The changes in law made by this Act to Articles
42A.054 and 42A.056, Code of Criminal Procedure, and Sections
53.045 and 54.02, Family Code, apply only to an offense committed or
conduct that occurs on or after the effective date of this Act. An
offense committed or conduct that occurred before that date is
governed by the law in effect on the date the offense was committed
or the conduct occurred, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed or conduct occurred before the effective date of this Act
if any element of the offense or conduct occurred before that date.
SECTION 53. This Act takes effect September 1, 2023.