S.B. No. 511

	AN ACT
	relating to the commitment of certain juveniles to local
	post-adjudication secure correctional facilities in certain
	counties and to the release under supervision of those juveniles.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (d), Section 51.13, Family Code, is
	amended to read as follows:
	(d)  An adjudication under Section 54.03 that a child engaged
	in conduct that occurred on or after January 1, 1996, and that
	constitutes a felony offense resulting in commitment to the Texas
	Juvenile Justice Department [Youth Commission] under Section
	54.04(d)(2), (d)(3), or (m) or 54.05(f) or commitment to a
	post-adjudication secure correctional facility under Section
	54.04011 is a final felony conviction only for the purposes of
	Sections 12.42(a), (b), and (c)(1) or Section 12.425[, and (e)],
	Penal Code.
	SECTION 2.  Section 54.04, Family Code, is amended by
	amending Subsections (d) and (q) and adding Subsection (z) to read
	as follows:
	(d)  If the court or jury makes the finding specified in
	Subsection (c) allowing the court to make a disposition in the case:
	(1)  the court or jury may, in addition to any order
	required or authorized under Section 54.041 or 54.042, place the
	child on probation on such reasonable and lawful terms as the court
	may determine:
	(A)  in the child's own home or in the custody of a
	relative or other fit person; or
	(B)  subject to the finding under Subsection (c)
	on the placement of the child outside the child's home, in:
	(i)  a suitable foster home;
	(ii)  a suitable public or private
	residential treatment facility licensed by a state governmental
	entity or exempted from licensure by state law, except a facility
	operated by the Texas Juvenile Justice Department [Youth
	Commission]; or
	(iii)  a suitable public or private
	post-adjudication secure correctional facility that meets the
	requirements of Section 51.125, except a facility operated by the
	Texas Juvenile Justice Department [Youth Commission];
	(2)  if the court or jury found at the conclusion of the
	adjudication hearing that the child engaged in delinquent conduct
	that violates a penal law of this state or the United States of the
	grade of felony and if the petition was not approved by the grand
	jury under Section 53.045, the court may commit the child to the
	Texas Juvenile Justice Department or a post-adjudication secure
	correctional facility under Section 54.04011(c)(1) [Youth
	Commission] without a determinate sentence;
	(3)  if the court or jury found at the conclusion of the
	adjudication hearing that the child engaged in delinquent conduct
	that included a violation of a penal law listed in Section 53.045(a)
	and if the petition was approved by the grand jury under Section
	53.045, the court or jury may sentence the child to commitment in
	the Texas Juvenile Justice Department or a post-adjudication secure
	correctional facility under Section 54.04011(c)(2) [Youth
	Commission] with a possible transfer to the Texas Department of
	Criminal Justice for a term of:
	(A)  not more than 40 years if the conduct
	constitutes:
	(i)  a capital felony;
	(ii)  a felony of the first degree; or
	(iii)  an aggravated controlled substance
	felony;
	(B)  not more than 20 years if the conduct
	constitutes a felony of the second degree; or
	(C)  not more than 10 years if the conduct
	constitutes a felony of the third degree;
	(4)  the court may assign the child an appropriate
	sanction level and sanctions as provided by the assignment
	guidelines in Section 59.003; or
	(5)  if applicable, the court or jury may make a
	disposition under Subsection (m) or Section 54.04011(c)(2)(A).
	(q)  If a court or jury sentences a child to commitment in the
	Texas Juvenile Justice Department or a post-adjudication secure
	correctional facility [Youth Commission] under Subsection (d)(3)
	for a term of not more than 10 years, the court or jury may place the
	child on probation under Subsection (d)(1) as an alternative to
	making the disposition under Subsection (d)(3).  The court shall
	prescribe the period of probation ordered under this subsection for
	a term of not more than 10 years.  The court may, before the sentence
	of probation expires, extend the probationary period under Section
	54.05, except that the sentence of probation and any extension may
	not exceed 10 years.  The court may, before the child's 19th
	birthday, discharge the child from the sentence of probation.  If a
	sentence of probation ordered under this subsection and any
	extension of probation ordered under Section 54.05 will continue
	after the child's 19th birthday, the court shall discharge the
	child from the sentence of probation on the child's 19th birthday
	unless the court transfers the child to an appropriate district
	court under Section 54.051.
	(z)  Nothing in this section may be construed to prohibit a
	juvenile court or jury in a county to which Section 54.04011 applies
	from committing a child to a post-adjudication secure correctional
	facility in accordance with that section after a disposition
	hearing held in accordance with this section.
	SECTION 3.  Chapter 54, Family Code, is amended by adding
	Section 54.04011 to read as follows:
	Sec. 54.04011.  COMMITMENT TO POST-ADJUDICATION SECURE
	CORRECTIONAL FACILITY. (a)  In this section, "post-adjudication
	secure correctional facility" means a facility operated by or under
	contract with a juvenile board or local juvenile probation
	department under Section 152.0016, Human Resources Code.
	(b)  This section applies only to a county in which the
	juvenile board or local juvenile probation department operates or
	contracts for the operation of a post-adjudication secure
	correctional facility.
	(c)  After a disposition hearing held in accordance with
	Section 54.04, the juvenile court of a county to which this section
	applies may commit a child who is found to have engaged in
	delinquent conduct that constitutes a felony to a post-adjudication
	secure correctional facility:
	(1)  without a determinate sentence, if:
	(A)  the child is found to have engaged in conduct
	that violates a penal law of the grade of felony and the petition
	was not approved by the grand jury under Section 53.045;
	(B)  the child is found to have engaged in conduct
	that violates a penal law of the grade of felony and the petition
	was approved by the grand jury under Section 53.045 but the court or
	jury does not make the finding described by Section 54.04(m)(2); or
	(C)  the disposition is modified under Section
	54.05(f); or
	(2)  with a determinate sentence, if:
	(A)  the child is found to have engaged in conduct
	that included a violation of a penal law listed in Section 53.045 or
	that is considered habitual felony conduct as described by Section
	51.031, the petition was approved by the grand jury under Section
	53.045, and, if applicable, the court or jury makes the finding
	described by Section 54.04(m)(2); or
	(B)  the disposition is modified under Section
	54.05(f).
	(d)  Nothing in this section may be construed to prohibit:
	(1)  a juvenile court or jury from making a disposition
	under Section 54.04, including:
	(A)  placing a child on probation on such
	reasonable and lawful terms as the court may determine, including
	placement in a public or private post-adjudication secure
	correctional facility under Section 54.04(d)(1)(B)(iii); or
	(B)  placing a child adjudicated under Section
	54.04(d)(3) or (m) on probation for a term of not more than 10
	years, as provided in Section 54.04(q); or
	(2)  the attorney representing the state from filing a
	motion concerning a child who has been placed on probation under
	Section 54.04(q) or the juvenile court from holding a hearing under
	Section 54.051(a).
	(e)  The provisions of 37 T.A.C. Section 343.610 do not apply
	to this section.
	(f)  This section expires on December 31, 2018.
	SECTION 4.  Subsections (b), (f), (j), and (m), Section
	54.05, Family Code, are amended to read as follows:
	(b)  Except for a commitment to the Texas Juvenile Justice
	Department or to a post-adjudication secure correctional facility
	under Section 54.04011, [Youth Commission or] a disposition under
	Section 54.0402, or a placement on determinate sentence probation
	under Section 54.04(q), all dispositions automatically terminate
	when the child reaches the child's 18th birthday.
	(f)  Except as provided by Subsection (j), a disposition
	based on a finding that the child engaged in delinquent conduct that
	violates a penal law of this state or the United States of the grade
	of felony may be modified so as to commit the child to the Texas
	Juvenile Justice Department or, if applicable, a post-adjudication
	secure correctional facility operated under Section 152.0016,
	Human Resources Code, [Youth Commission] if the court after a
	hearing to modify disposition finds by a preponderance of the
	evidence that the child violated a reasonable and lawful order of
	the court.  A disposition based on a finding that the child engaged
	in habitual felony conduct as described by Section 51.031 or in
	delinquent conduct that included a violation of a penal law listed
	in Section 53.045(a) may be modified to commit the child to the
	Texas Juvenile Justice Department or, if applicable, a
	post-adjudication secure correctional facility operated under
	Section 152.0016, Human Resources Code, [Youth Commission] with a
	possible transfer to the Texas Department of Criminal Justice for a
	definite term prescribed by, as applicable, Section 54.04(d)(3) or
	Section 152.0016(g), Human Resources Code, if the original petition
	was approved by the grand jury under Section 53.045 and if after a
	hearing to modify the disposition the court finds that the child
	violated a reasonable and lawful order of the court.
	(j)  If, after conducting a hearing to modify disposition
	without a jury, the court finds by a preponderance of the evidence
	that a child violated a reasonable and lawful condition of
	probation ordered under Section 54.04(q), the court may modify the
	disposition to commit the child to the Texas Juvenile Justice
	Department [Youth Commission] under Section 54.04(d)(3) or, if
	applicable, a post-adjudication secure correctional facility
	operated under Section 152.0016, Human Resources Code, for a term
	that does not exceed the original sentence assessed by the court or
	jury.
	(m)  If the court places the child on probation outside the
	child's home or commits the child to the Texas Juvenile Justice
	Department or to a post-adjudication secure correctional facility
	operated under Section 152.0016, Human Resources Code [Youth
	Commission], the court:
	(1)  shall include in the court's order a determination
	that:
	(A)  it is in the child's best interests to be
	placed outside the child's home;
	(B)  reasonable efforts were made to prevent or
	eliminate the need for the child's removal from the child's home and
	to make it possible for the child to return home; and
	(C)  the child, in the child's home, cannot be
	provided the quality of care and level of support and supervision
	that the child needs to meet the conditions of probation; and
	(2)  may approve an administrative body to conduct a
	permanency hearing pursuant to 42 U.S.C. Section 675 if required
	during the placement or commitment of the child.
	SECTION 5.  Subsections (a), (b), and (d), Section 54.052,
	Family Code, are amended to read as follows:
	(a)  This section applies only to a child who is committed
	to:
	(1)  the Texas Juvenile Justice Department [Youth
	Commission] under a determinate sentence under Section 54.04(d)(3)
	or (m) or Section 54.05(f); or
	(2)  a post-adjudication secure correctional facility
	under a determinate sentence under Section 54.04011(c)(2).
	(b)  The judge of the court in which a child is adjudicated
	shall give the child credit on the child's sentence for the time
	spent by the child, in connection with the conduct for which the
	child was adjudicated, in a secure detention facility before the
	child's transfer to a Texas Juvenile Justice Department [Youth
	Commission] facility or a post-adjudication secure correctional
	facility, as applicable.
	(d)  The Texas Juvenile Justice Department or the juvenile
	board or local juvenile probation department operating or
	contracting for the operation of the post-adjudication secure
	correctional facility under Section 152.0016, Human Resources
	Code, as applicable, [Youth Commission] shall grant any credit
	under this section in computing the child's eligibility for parole
	and discharge.
	SECTION 6.  Subsections (a), (h), (i), (j), and (k), Section
	54.11, Family Code, are amended to read as follows:
	(a)  On receipt of a referral under Section 244.014(a), Human
	Resources Code, for the transfer to the Texas Department of
	Criminal Justice of a person committed to the Texas Juvenile
	Justice Department under Section 54.04(d)(3), 54.04(m), or
	54.05(f), [or] on receipt of a request by the Texas Juvenile Justice
	Department under Section 245.051(d), Human Resources Code, for
	approval of the release under supervision of a person committed to
	the Texas Juvenile Justice Department under Section 54.04(d)(3),
	54.04(m), or 54.05(f), or on receipt of a referral under Section
	152.0016(g), Human Resources Code, the court shall set a time and
	place for a hearing on the release of the person.
	(h)  The hearing on a person who is referred for transfer
	under Section 152.0016(j) or 244.014(a), Human Resources Code,
	shall be held not later than the 60th day after the date the court
	receives the referral.
	(i)  On conclusion of the hearing on a person who is referred
	for transfer under Section 152.0016(j) or 244.014(a), Human
	Resources Code, the court may, as applicable, order:
	(1)  the return of the person to the Texas Juvenile
	Justice Department or post-adjudication secure correctional
	facility; or
	(2)  the transfer of the person to the custody of the
	Texas Department of Criminal Justice for the completion of the
	person's sentence.
	(j)  On conclusion of the hearing on a person who is referred
	for release under supervision under Section 152.0016(g) or
	245.051(c), Human Resources Code, the court may, as applicable,
	order the return of the person to the Texas Juvenile Justice
	Department or post-adjudication secure correctional facility:
	(1)  with approval for the release of the person under
	supervision; or
	(2)  without approval for the release of the person
	under supervision.
	(k)  In making a determination under this section, the court
	may consider the experiences and character of the person before and
	after commitment to the Texas Juvenile Justice Department or
	post-adjudication secure correctional facility [youth commission],
	the nature of the penal offense that the person was found to have
	committed and the manner in which the offense was committed, the
	abilities of the person to contribute to society, the protection of
	the victim of the offense or any member of the victim's family, the
	recommendations of the Texas Juvenile Justice Department, county
	juvenile board, local juvenile probation department, [youth
	commission] and prosecuting attorney, the best interests of the
	person, and any other factor relevant to the issue to be decided.
	SECTION 7.  Section 59.009, Family Code, is amended to read
	as follows:
	Sec. 59.009.  SANCTION LEVEL SIX. (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) [Youth Commission]. The department, juvenile
	board, or local juvenile probation department, as applicable,
	[commission] 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 [commission] extends the period and
	the reason for 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.
	(b)  On release of the child under supervision, the Texas
	Juvenile Justice Department [Youth Commission] parole programs or
	the juvenile board or local juvenile probation department operating
	parole programs under Section 152.0016(c)(2), Human Resources
	Code, may:
	(1)  impose highly structured restrictions on the
	child's activities and requirements for behavior of the child as
	conditions of release under supervision;
	(2)  require a parole officer to closely monitor the
	child for not less than six months; and
	(3)  if appropriate, impose any other conditions of
	supervision.
	(c)  The Texas Juvenile Justice Department, juvenile board,
	or local juvenile probation department [Youth Commission] may
	discharge the child from the [commission's] custody of the
	department, board, or probation department, as applicable, on the
	date the provisions of this section are met or on the child's 19th
	birthday, whichever is earlier.
	SECTION 8.  Section 59.010, Family Code, is amended to read
	as follows:
	Sec. 59.010.  SANCTION LEVEL SEVEN. (a)  For a child at
	sanction level seven, the juvenile court may certify and transfer
	the child under Section 54.02 or sentence the child to commitment to
	the Texas Juvenile Justice Department [Youth Commission] under
	Section 54.04(d)(3), 54.04(m), or 54.05(f) or to a
	post-adjudication secure correctional facility under Section
	54.04011(c)(2). The department, juvenile board, or local juvenile
	probation department, as applicable, [commission] 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 12 months or more than 10 years unless the department, board,
	or probation department [commission] extends the period and the
	reason for the 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 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)  impose any other appropriate sanction.
	(b)  On release of the child under supervision, the Texas
	Juvenile Justice Department [Youth Commission] parole programs or
	the juvenile board or local juvenile probation department parole
	programs under Section 152.0016(c)(2), Human Resources Code, may:
	(1)  impose highly structured restrictions on the
	child's activities and requirements for behavior of the child as
	conditions of release under supervision;
	(2)  require a parole officer to monitor the child
	closely for not less than 12 months; and
	(3)  impose any other appropriate condition of
	supervision.
	SECTION 9.  Subsection (b), Section 841.003, Health and
	Safety Code, is amended to read as follows:
	(b)  A person is a repeat sexually violent offender for the
	purposes of this chapter if the person is convicted of more than one
	sexually violent offense and a sentence is imposed for at least one
	of the offenses or if:
	(1)  the person:
	(A)  is convicted of a sexually violent offense,
	regardless of whether the sentence for the offense was ever imposed
	or whether the sentence was probated and the person was
	subsequently discharged from community supervision;
	(B)  enters a plea of guilty or nolo contendere
	for a sexually violent offense in return for a grant of deferred
	adjudication;
	(C)  is adjudged not guilty by reason of insanity
	of a sexually violent offense; or
	(D)  is adjudicated by a juvenile court as having
	engaged in delinquent conduct constituting a sexually violent
	offense and is committed to the Texas Juvenile Justice Department
	[Youth Commission] under Section 54.04(d)(3) or (m), Family Code;
	and
	(2)  after the date on which under Subdivision (1) the
	person is convicted, receives a grant of deferred adjudication, is
	adjudged not guilty by reason of insanity, or is adjudicated by a
	juvenile court as having engaged in delinquent conduct, the person
	commits a sexually violent offense for which the person:
	(A)  is convicted, but only if the sentence for
	the offense is imposed; or
	(B)  is adjudged not guilty by reason of insanity.
	SECTION 10.  Subchapter A, Chapter 152, Human Resources
	Code, is amended by adding Section 152.0016 to read as follows:
	Sec. 152.0016.  POST-ADJUDICATION SECURE CORRECTIONAL
	FACILITIES; RELEASE UNDER SUPERVISION. (a)  This section applies
	only to a county that has a population of more than one million and
	less than 1.5 million.
	(b)  In this section, "post-adjudication secure correctional
	facility" means a facility operated by or under contract with a
	juvenile board or local juvenile probation department in accordance
	with Section 51.125, Family Code.
	(c)  A juvenile board shall establish a policy that specifies
	whether the juvenile board or a local juvenile probation department
	that serves a county to which this section applies may:
	(1)  operate or contract for the operation of a
	post-adjudication secure correctional facility to confine children
	committed to the facility under Section 54.04011, Family Code; and
	(2)  operate a program through which a child committed
	to a post-adjudication secure correctional facility under Section
	54.04011, Family Code, may be released under supervision and place
	the child in the child's home or in any situation or family approved
	by the juvenile board or local juvenile probation department.
	(d)  Before placing a child in the child's home under
	Subsection (c)(2), the juvenile board or local juvenile probation
	department shall evaluate the home setting to determine the level
	of supervision and quality of care that is available in the home.
	(e)  A juvenile board or a local juvenile probation
	department shall accept a person properly committed to it by a
	juvenile court under Section 54.04011, Family Code, in the same
	manner in which the Texas Juvenile Justice Department accepts a
	person under Section 54.04(e), Family Code, even though the person
	may be 17 years of age or older at the time of the commitment.
	(f)  A juvenile board or a local juvenile probation
	department shall establish a minimum length of stay for each child
	committed without a determinate sentence under Section
	54.04011(c)(1), Family Code, in the same manner that the Texas
	Juvenile Justice Department determines a minimum length of stay for
	a child committed to the department under Section 243.002.
	(g)  Except as provided by Subsection (h), if a child is
	committed to a post-adjudication secure correctional facility
	under Section 54.04011(c)(2), Family Code, the local juvenile
	probation department may not release the child under supervision
	without approval by the juvenile court that entered the order of
	commitment under Section 54.04011, Family Code, unless the child
	has been confined not less than:
	(1)  10 years for capital murder;
	(2)  three years for an aggravated controlled substance
	felony or a felony of the first degree;
	(3)  two years for a felony of the second degree; and
	(4)  one year for a felony of the third degree.
	(h)  The juvenile board or local juvenile probation
	department may release a child who has been committed to a
	post-adjudication secure correctional facility with a determinate
	sentence under Section 54.04011(c)(2), Family Code, under
	supervision without approval of the juvenile court that entered the
	order of commitment if not more than nine months remain before the
	child's discharge as provided by Section 245.051(g).
	(i)  The juvenile board or local juvenile probation
	department may resume the care and custody of any child released
	under supervision at any time before the final discharge of the
	child in accordance with the rules governing the Texas Juvenile
	Justice Department regarding resumption of care.
	(j)  After a child committed to a post-adjudication secure
	correctional facility with a determinate sentence under Section
	54.04011(c)(2), Family Code, becomes 16 years of age but before the
	child becomes 19 years of age, the juvenile board or local juvenile
	probation department operating or contracting for the operation of
	the facility may 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 the child
	has not completed the sentence and:
	(1)  the child's conduct, regardless of whether the
	child was released under supervision through a program established
	by the board or department, indicates that the welfare of the
	community requires the transfer; or
	(2)  while the child was released under supervision:
	(A)  a juvenile court adjudicated the child as
	having engaged in delinquent conduct constituting a felony offense;
	(B)  a criminal court convicted the child of a
	felony offense; or
	(C)  the child's release under supervision was
	revoked.
	(k)  A juvenile board or local juvenile probation department
	operating or contracting for the operation of a post-adjudication
	secure correctional facility under this section shall develop a
	comprehensive plan for each child committed to the facility under
	Section 54.04011, Family Code, regardless of whether the child is
	committed with or without a determinate sentence, to reduce
	recidivism and ensure the successful reentry and reintegration of
	the child into the community following the child's release under
	supervision or final discharge from the facility, as applicable.
	(l)  This section expires on December 31, 2018.
	SECTION 11.  Subsection (f), Section 12.42, Penal Code, is
	amended to read as follows:
	(f)  For the purposes of Subsections (a), (b), and (c)(1),
	[and (e),] an adjudication by a juvenile court under Section 54.03,
	Family Code, that a child engaged in delinquent conduct on or after
	January 1, 1996, constituting a felony offense for which the child
	is committed to the Texas Juvenile Justice Department [Youth
	Commission] under Section 54.04(d)(2), (d)(3), or (m), Family Code,
	or Section 54.05(f), Family Code, or to a post-adjudication secure
	correctional facility under Section 54.04011, Family Code, is a
	final felony conviction.
	SECTION 12.  The changes in law made by this Act apply only
	to conduct that occurs on or after the effective date of this Act.
	Conduct that occurs before the effective date of this Act is covered
	by the law in effect at the time the conduct occurred, and the
	former law is continued in effect for that purpose. For the
	purposes of this section, conduct occurs before the effective date
	of this Act if any element of the conduct occurred before that date.
	SECTION 13.  This Act takes effect December 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 511 passed the Senate on
	March 27, 2013, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendment on May 24, 2013, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 511 passed the House, with
	amendment, on May 20, 2013, by the following vote: Yeas 146,
	Nays 1, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor