Texas 2009 - 81st Regular

Texas House Bill HB3687 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R14043 KCR-D
2	2	By: McClendon H.B. No. 3687
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Youth
8	8	Commission and the creation of the juvenile justice improvement
9	9	plan committee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 61.020, Human Resources Code, is amended
12	12	to read as follows:
13	13	Sec. 61.020. SUNSET PROVISION. The Texas Youth Commission
14	14	is subject to Chapter 325, Government Code (Texas Sunset Act).
15	15	Unless continued in existence as provided by that chapter, the
16	16	commission is abolished and this chapter expires September 1, 2015
17	17	[2009].
18	18	SECTION 2. Subchapter D, Chapter 61, Human Resources Code,
19	19	is amended by adding Section 61.067 to read as follows:
20	20	Sec. 61.067. INFORMATION PROVIDED TO CONVICTING COURT. (a)
21	21	At the request of a court that commits a child to the commission,
22	22	the commission shall provide the court with periodic updates on the
23	23	progress the child is making while committed to the commission.
24	24	(b) A report provided under Subsection (a) may include any
25	25	information the commission determines to be relevant in evaluating
26	26	the child's progress, including, as applicable, information
27	27	concerning the child's treatment, education, and health.
28	28	(c) A report provided under this section may not include
29	29	information that is protected from disclosure under state or
30	30	federal law.
31	31	SECTION 3. Subtitle A, Title 3, Human Resources Code, is
32	32	amended by adding Chapter 65 to read as follows:
33	33	CHAPTER 65. JUVENILE JUSTICE IMPROVEMENT PLAN
34	34	Sec. 65.001. DEFINITIONS. In this chapter:
35	35	(1) "Committee" means the juvenile justice
36	36	improvement plan committee established under Section 65.002.
37	37	(2) "Plan" means the comprehensive juvenile justice
38	38	improvement plan developed by the committee under Section
39	39	65.003(a).
40	40	Sec. 65.002. COMPOSITION OF COMMITTEE; PRESIDING OFFICERS.
41	41	(a) The juvenile justice improvement plan committee is
42	42	established.
43	43	(b) The executive commissioner of the Texas Youth
44	44	Commission and the executive director of the Texas Juvenile
45	45	Probation Commission are co-presiding officers of the committee.
46	46	(c) The executive commissioner of the Texas Youth
47	47	Commission and the executive director of the Texas Juvenile
48	48	Probation Commission shall each appoint four members to the
49	49	committee. The executive commissioner and executive director shall
50	50	each appoint:
51	51	(1) one committee member who represents the interests
52	52	of a local juvenile probation department;
53	53	(2) one committee member who represents the interests
54	54	of juvenile offenders;
55	55	(3) one committee member who represents the interests
56	56	of the families of juvenile offenders; and
57	57	(4) one committee member who represents an
58	58	organization that advocates on behalf of juvenile offenders, the
59	59	families of juvenile offenders, or the victims of delinquent or
60	60	criminal conduct.
61	61	Sec. 65.003. DEVELOPMENT OF PLAN. (a) Not later than June
62	62	1, 2010, the committee shall:
63	63	(1) develop a comprehensive juvenile justice
64	64	improvement plan for fiscal years 2011-2015; and
65	65	(2) deliver a copy of the plan to and accept comments
66	66	and review of the plan from:
67	67	(A) the governor;
68	68	(B) the lieutenant governor;
69	69	(C) the speaker of the house of representatives;
70	70	and
71	71	(D) the Criminal Justice Legislative Oversight
72	72	Committee.
73	73	(b) The committee is not obligated to make changes to the
74	74	plan as a result of receiving review and comments under Subsection
75	75	(a)(2).
76	76	(c) The committee shall annually review and update the plan.
77	77	Sec. 65.004. PLAN COMPONENT: JUVENILE JUSTICE FACILITIES.
78	78	(a) The comprehensive juvenile justice improvement plan must
79	79	include a master plan for the operation of secure correctional
80	80	facilities operated by the Texas Youth Commission. The committee
81	81	shall evaluate state and county infrastructure to determine the
82	82	number of beds needed in secure correctional facilities.
83	83	(b) The master plan developed under Subsection (a), taking
84	84	into consideration the timing and cost of relocating or closing any
85	85	facilities operated on September 1, 2009, by the Texas Youth
86	86	Commission, must identify:
87	87	(1) which facilities, if any, operated by the Texas
88	88	Youth Commission should be closed; and
89	89	(2) which areas of the state, if any, lack a sufficient
90	90	number of locally operated secure or nonsecure correctional
91	91	facilities.
92	92	(c) The committee shall develop the master plan to achieve
93	93	the following goals:
94	94	(1) to the maximum extent possible, reserving
95	95	facilities operated by or under contract with the state for higher
96	96	risk juveniles;
97	97	(2) increasing reliance on alternatives to secure
98	98	placement, except when secure placement is necessary to address
99	99	adequately a juvenile offender's treatment needs or prevent the
100	100	juvenile offender from reoffending;
101	101	(3) serving juveniles in settings that are as close to
102	102	the juveniles' homes as possible;
103	103	(4) using facility and program designs proven to be
104	104	most effective in rehabilitating juveniles;
105	105	(5) locating facilities as geographically close as
106	106	possible to necessary workforce and other services; and
107	107	(6) developing county centers or consortiums that
108	108	enhance county collaboration.
109	109	Sec. 65.005. PLAN COMPONENT: DATA SHARING. The
110	110	comprehensive juvenile justice improvement plan must include a
111	111	specific process and procedures for:
112	112	(1) developing shared data systems for agencies of
113	113	this state that serve youth, including the Texas Youth Commission,
114	114	the Texas Juvenile Probation Commission, the Department of Family
115	115	and Protective Services, the Department of State Health Services,
116	116	the Health and Human Services Commission, and the Texas Education
117	117	Agency; and
118	118	(2) to the maximum extent allowed by state and federal
119	119	law, improving access by those agencies to educational and mental
120	120	health records for juveniles who are placed on probation or
121	121	committed to the custody of the state.
122	122	Sec. 65.006. PLAN COMPONENT: PROGRAMS, SERVICES, AND
123	123	REENTRY PLANNING. The comprehensive juvenile justice improvement
124	124	plan must include a specific process and procedures and, if
125	125	appropriate, a policy for:
126	126	(1) routinely assessing the risk and needs of
127	127	juveniles in this state who are placed on juvenile probation or
128	128	committed to the custody of the state;
129	129	(2) developing or improving validated risks and needs
130	130	assessments and policies to assess juveniles at crucial points in
131	131	the juvenile justice system, including:
132	132	(A) before adjudication of a juvenile's case;
133	133	(B) on commitment of a juvenile to the custody of
134	134	the state; and
135	135	(C) at release from a correctional facility or on
136	136	the termination of control by the state;
137	137	(3) ensuring that a juvenile's minimum length of stay
138	138	and placement in a particular facility directly address the
139	139	identified needs of the juvenile;
140	140	(4) establishing timelines to identify and implement
141	141	state and local programs for community supervision, local
142	142	placement, and state commitment that have proven to be effective;
143	143	(5) providing training concerning the programs
144	144	described by Subdivision (4) to state and local personnel;
145	145	(6) improving reentry into the community for juveniles
146	146	exiting the juvenile justice system at the state or local level;
147	147	(7) increasing the use of the Texas Correctional
148	148	Office on Offenders with Medical or Mental Impairments, community
149	149	resource coordination groups, and other community resources for
150	150	juveniles on parole or probation; and
151	151	(8) ensuring that youth exiting state commitment or
152	152	extended probation placements have the appropriate personal
153	153	identification and service referrals to ensure the delivery of
154	154	essential services, including mental health treatment, to them
155	155	without delay on their return to the community.
156	156	Sec. 65.007. PLAN COMPONENT: PERFORMANCE MEASUREMENT. (a)
157	157	The comprehensive juvenile justice improvement plan must include
158	158	the development of a comprehensive system to measure the
159	159	performance of the entire juvenile justice system in this state.
160	160	The system must include performance measures that show the costs of
161	161	different levels of supervision and treatment to enable
162	162	identification of the most cost-effective programs.
163	163	(b) The committee shall consult with the Legislative Budget
164	164	Board and the budget, planning, and policy division of the
165	165	governor's office in developing the comprehensive system to measure
166	166	performance under Subsection (a).
167	167	Sec. 65.008. EXPIRATION. This chapter expires December 31,
168	168	2015.
169	169	SECTION 4. This Act takes effect September 1, 2009.