81R14043 KCR-D
By: McClendon H.B. No. 3687
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Youth
Commission and the creation of the juvenile justice improvement
plan committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.020, Human Resources Code, is amended
to read as follows:
Sec. 61.020. SUNSET PROVISION. The Texas Youth Commission
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
commission is abolished and this chapter expires September 1, 2015
[2009].
SECTION 2. Subchapter D, Chapter 61, Human Resources Code,
is amended by adding Section 61.067 to read as follows:
Sec. 61.067. INFORMATION PROVIDED TO CONVICTING COURT. (a)
At the request of a court that commits a child to the commission,
the commission shall provide the court with periodic updates on the
progress the child is making while committed to the commission.
(b) A report provided under Subsection (a) may include any
information the commission determines to be relevant in evaluating
the child's progress, including, as applicable, information
concerning the child's treatment, education, and health.
(c) A report provided under this section may not include
information that is protected from disclosure under state or
federal law.
SECTION 3. Subtitle A, Title 3, Human Resources Code, is
amended by adding Chapter 65 to read as follows:
CHAPTER 65. JUVENILE JUSTICE IMPROVEMENT PLAN
Sec. 65.001. DEFINITIONS. In this chapter:
(1) "Committee" means the juvenile justice
improvement plan committee established under Section 65.002.
(2) "Plan" means the comprehensive juvenile justice
improvement plan developed by the committee under Section
65.003(a).
Sec. 65.002. COMPOSITION OF COMMITTEE; PRESIDING OFFICERS.
(a) The juvenile justice improvement plan committee is
established.
(b) The executive commissioner of the Texas Youth
Commission and the executive director of the Texas Juvenile
Probation Commission are co-presiding officers of the committee.
(c) The executive commissioner of the Texas Youth
Commission and the executive director of the Texas Juvenile
Probation Commission shall each appoint four members to the
committee. The executive commissioner and executive director shall
each appoint:
(1) one committee member who represents the interests
of a local juvenile probation department;
(2) one committee member who represents the interests
of juvenile offenders;
(3) one committee member who represents the interests
of the families of juvenile offenders; and
(4) one committee member who represents an
organization that advocates on behalf of juvenile offenders, the
families of juvenile offenders, or the victims of delinquent or
criminal conduct.
Sec. 65.003. DEVELOPMENT OF PLAN. (a) Not later than June
1, 2010, the committee shall:
(1) develop a comprehensive juvenile justice
improvement plan for fiscal years 2011-2015; and
(2) deliver a copy of the plan to and accept comments
and review of the plan from:
(A) the governor;
(B) the lieutenant governor;
(C) the speaker of the house of representatives;
and
(D) the Criminal Justice Legislative Oversight
Committee.
(b) The committee is not obligated to make changes to the
plan as a result of receiving review and comments under Subsection
(a)(2).
(c) The committee shall annually review and update the plan.
Sec. 65.004. PLAN COMPONENT: JUVENILE JUSTICE FACILITIES.
(a) The comprehensive juvenile justice improvement plan must
include a master plan for the operation of secure correctional
facilities operated by the Texas Youth Commission. The committee
shall evaluate state and county infrastructure to determine the
number of beds needed in secure correctional facilities.
(b) The master plan developed under Subsection (a), taking
into consideration the timing and cost of relocating or closing any
facilities operated on September 1, 2009, by the Texas Youth
Commission, must identify:
(1) which facilities, if any, operated by the Texas
Youth Commission should be closed; and
(2) which areas of the state, if any, lack a sufficient
number of locally operated secure or nonsecure correctional
facilities.
(c) The committee shall develop the master plan to achieve
the following goals:
(1) to the maximum extent possible, reserving
facilities operated by or under contract with the state for higher
risk juveniles;
(2) increasing reliance on alternatives to secure
placement, except when secure placement is necessary to address
adequately a juvenile offender's treatment needs or prevent the
juvenile offender from reoffending;
(3) serving juveniles in settings that are as close to
the juveniles' homes as possible;
(4) using facility and program designs proven to be
most effective in rehabilitating juveniles;
(5) locating facilities as geographically close as
possible to necessary workforce and other services; and
(6) developing county centers or consortiums that
enhance county collaboration.
Sec. 65.005. PLAN COMPONENT: DATA SHARING. The
comprehensive juvenile justice improvement plan must include a
specific process and procedures for:
(1) developing shared data systems for agencies of
this state that serve youth, including the Texas Youth Commission,
the Texas Juvenile Probation Commission, the Department of Family
and Protective Services, the Department of State Health Services,
the Health and Human Services Commission, and the Texas Education
Agency; and
(2) to the maximum extent allowed by state and federal
law, improving access by those agencies to educational and mental
health records for juveniles who are placed on probation or
committed to the custody of the state.
Sec. 65.006. PLAN COMPONENT: PROGRAMS, SERVICES, AND
REENTRY PLANNING. The comprehensive juvenile justice improvement
plan must include a specific process and procedures and, if
appropriate, a policy for:
(1) routinely assessing the risk and needs of
juveniles in this state who are placed on juvenile probation or
committed to the custody of the state;
(2) developing or improving validated risks and needs
assessments and policies to assess juveniles at crucial points in
the juvenile justice system, including:
(A) before adjudication of a juvenile's case;
(B) on commitment of a juvenile to the custody of
the state; and
(C) at release from a correctional facility or on
the termination of control by the state;
(3) ensuring that a juvenile's minimum length of stay
and placement in a particular facility directly address the
identified needs of the juvenile;
(4) establishing timelines to identify and implement
state and local programs for community supervision, local
placement, and state commitment that have proven to be effective;
(5) providing training concerning the programs
described by Subdivision (4) to state and local personnel;
(6) improving reentry into the community for juveniles
exiting the juvenile justice system at the state or local level;
(7) increasing the use of the Texas Correctional
Office on Offenders with Medical or Mental Impairments, community
resource coordination groups, and other community resources for
juveniles on parole or probation; and
(8) ensuring that youth exiting state commitment or
extended probation placements have the appropriate personal
identification and service referrals to ensure the delivery of
essential services, including mental health treatment, to them
without delay on their return to the community.
Sec. 65.007. PLAN COMPONENT: PERFORMANCE MEASUREMENT. (a)
The comprehensive juvenile justice improvement plan must include
the development of a comprehensive system to measure the
performance of the entire juvenile justice system in this state.
The system must include performance measures that show the costs of
different levels of supervision and treatment to enable
identification of the most cost-effective programs.
(b) The committee shall consult with the Legislative Budget
Board and the budget, planning, and policy division of the
governor's office in developing the comprehensive system to measure
performance under Subsection (a).
Sec. 65.008. EXPIRATION. This chapter expires December 31,
2015.
SECTION 4. This Act takes effect September 1, 2009.