1 | 1 | | 81R14042 KCR-D |
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2 | 2 | | By: McClendon H.B. No. 3688 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the continuation and functions of the Texas Juvenile |
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8 | 8 | | Probation Commission and the creation of the juvenile justice |
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9 | 9 | | improvement plan committee. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 141.012, Human Resources Code, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | Sec. 141.012. SUNSET PROVISION. The Texas Juvenile |
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14 | 14 | | Probation Commission is subject to Chapter 325, Government Code |
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15 | 15 | | (Texas Sunset Act). Unless continued in existence as provided by |
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16 | 16 | | that chapter, the commission is abolished and this chapter expires |
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17 | 17 | | September 1, 2015 [2009]. |
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18 | 18 | | SECTION 2. Subchapter C, Chapter 141, Human Resources Code, |
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19 | 19 | | is amended by adding Section 141.057 to read as follows: |
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20 | 20 | | Sec. 141.057. DATA COLLECTION. (a) The commission shall |
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21 | 21 | | collect comprehensive data concerning the outcomes of local |
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22 | 22 | | probation programs throughout the state. |
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23 | 23 | | (b) Data collected under Subsection (a) must include: |
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24 | 24 | | (1) a description of the types of programs and |
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25 | 25 | | services offered by a juvenile probation department, including a |
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26 | 26 | | description of the components of each program or service offered; |
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27 | 27 | | and |
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28 | 28 | | (2) the rate at which juveniles who enter or complete |
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29 | 29 | | juvenile probation are later committed to the custody of the state. |
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30 | 30 | | SECTION 3. Subtitle A, Title 10, Human Resources Code, is |
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31 | 31 | | amended by adding Chapter 143 to read as follows: |
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32 | 32 | | CHAPTER 143. JUVENILE JUSTICE IMPROVEMENT PLAN |
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33 | 33 | | Sec. 143.001. DEFINITIONS. In this chapter: |
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34 | 34 | | (1) "Committee" means the juvenile justice |
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35 | 35 | | improvement plan committee established under Section 143.002. |
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36 | 36 | | (2) "Plan" means the comprehensive juvenile justice |
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37 | 37 | | improvement plan developed by the committee under Section |
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38 | 38 | | 143.003(a). |
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39 | 39 | | Sec. 143.002. COMPOSITION OF COMMITTEE; PRESIDING |
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40 | 40 | | OFFICERS. (a) The juvenile justice improvement plan committee is |
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41 | 41 | | established. |
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42 | 42 | | (b) The executive commissioner of the Texas Youth |
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43 | 43 | | Commission and the executive director of the Texas Juvenile |
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44 | 44 | | Probation Commission are co-presiding officers of the committee. |
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45 | 45 | | (c) The executive commissioner of the Texas Youth |
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46 | 46 | | Commission and the executive director of the Texas Juvenile |
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47 | 47 | | Probation Commission shall each appoint four members to the |
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48 | 48 | | committee. The executive commissioner and executive director shall |
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49 | 49 | | each appoint: |
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50 | 50 | | (1) one committee member who represents the interests |
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51 | 51 | | of a local juvenile probation department; |
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52 | 52 | | (2) one committee member who represents the interests |
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53 | 53 | | of juvenile offenders; |
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54 | 54 | | (3) one committee member who represents the interests |
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55 | 55 | | of the families of juvenile offenders; and |
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56 | 56 | | (4) one committee member who represents an |
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57 | 57 | | organization that advocates on behalf of juvenile offenders, the |
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58 | 58 | | families of juvenile offenders, or the victims of delinquent or |
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59 | 59 | | criminal conduct. |
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60 | 60 | | Sec. 143.003. DEVELOPMENT OF PLAN. (a) Not later than June |
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61 | 61 | | 1, 2010, the committee shall: |
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62 | 62 | | (1) develop a comprehensive juvenile justice |
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63 | 63 | | improvement plan for fiscal years 2011-2015; and |
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64 | 64 | | (2) deliver a copy of the plan to and accept comments |
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65 | 65 | | and review of the plan from: |
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66 | 66 | | (A) the governor; |
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67 | 67 | | (B) the lieutenant governor; |
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68 | 68 | | (C) the speaker of the house of representatives; |
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69 | 69 | | and |
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70 | 70 | | (D) the Criminal Justice Legislative Oversight |
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71 | 71 | | Committee. |
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72 | 72 | | (b) The committee is not obligated to make changes to the |
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73 | 73 | | plan as a result of receiving review and comments under Subsection |
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74 | 74 | | (a)(2). |
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75 | 75 | | (c) The committee shall annually review and update the plan. |
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76 | 76 | | Sec. 143.004. PLAN COMPONENT: DATA SHARING. The |
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77 | 77 | | comprehensive juvenile justice improvement plan must include a |
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78 | 78 | | specific process and procedures for: |
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79 | 79 | | (1) developing shared data systems for agencies of |
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80 | 80 | | this state that serve youth, including the Texas Youth Commission, |
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81 | 81 | | the Texas Juvenile Probation Commission, the Department of Family |
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82 | 82 | | and Protective Services, the Department of State Health Services, |
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83 | 83 | | the Health and Human Services Commission, and the Texas Education |
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84 | 84 | | Agency; and |
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85 | 85 | | (2) to the maximum extent allowed by state and federal |
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86 | 86 | | law, improving access by those agencies to educational and mental |
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87 | 87 | | health records for juveniles who are placed on probation or |
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88 | 88 | | committed to the custody of the state. |
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89 | 89 | | Sec. 143.005. PLAN COMPONENT: PROGRAMS, SERVICES, AND |
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90 | 90 | | REENTRY PLANNING. The comprehensive juvenile justice improvement |
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91 | 91 | | plan must include a specific process and procedures and, if |
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92 | 92 | | appropriate, a policy for: |
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93 | 93 | | (1) routinely assessing the risk and needs of |
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94 | 94 | | juveniles in this state who are placed on juvenile probation or |
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95 | 95 | | committed to the custody of the state; |
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96 | 96 | | (2) developing or improving validated risks and needs |
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97 | 97 | | assessments and policies to assess juveniles at crucial points in |
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98 | 98 | | the juvenile justice system, including: |
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99 | 99 | | (A) before adjudication of a juvenile's case; |
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100 | 100 | | (B) on commitment of a juvenile to the custody of |
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101 | 101 | | the state; and |
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102 | 102 | | (C) at release from a correctional facility or on |
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103 | 103 | | the termination of control by the state; |
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104 | 104 | | (3) ensuring that a juvenile's minimum length of stay |
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105 | 105 | | and placement in a particular facility directly address the |
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106 | 106 | | identified needs of the juvenile; |
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107 | 107 | | (4) establishing timelines to identify and implement |
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108 | 108 | | state and local programs for community supervision, local |
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109 | 109 | | placement, and state commitment that have proven to be effective; |
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110 | 110 | | (5) providing training concerning the programs |
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111 | 111 | | described by Subdivision (4) to state and local personnel; |
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112 | 112 | | (6) improving reentry into the community for juveniles |
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113 | 113 | | exiting the juvenile justice system at the state or local level; |
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114 | 114 | | (7) increasing the use of the Texas Correctional |
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115 | 115 | | Office on Offenders with Medical or Mental Impairments, community |
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116 | 116 | | resource coordination groups, and other community resources for |
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117 | 117 | | juveniles on parole or probation; and |
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118 | 118 | | (8) ensuring that youth exiting state commitment or |
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119 | 119 | | extended probation placements have the appropriate personal |
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120 | 120 | | identification and service referrals to ensure the delivery of |
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121 | 121 | | essential services, including mental health treatment, to them |
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122 | 122 | | without delay on their return to the community. |
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123 | 123 | | Sec. 143.006. PLAN COMPONENT: PERFORMANCE MEASUREMENT. (a) |
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124 | 124 | | The comprehensive juvenile justice improvement plan must include |
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125 | 125 | | the development of a comprehensive system to measure the |
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126 | 126 | | performance of the entire juvenile justice system in this state. |
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127 | 127 | | The system must include performance measures that show the costs of |
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128 | 128 | | different levels of supervision and treatment to enable |
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129 | 129 | | identification of the most cost-effective programs. |
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130 | 130 | | (b) The committee shall consult with the Legislative Budget |
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131 | 131 | | Board and the budget, planning, and policy division of the |
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132 | 132 | | governor's office in developing the comprehensive system to measure |
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133 | 133 | | performance under Subsection (a). |
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134 | 134 | | Sec. 143.007. EXPIRATION. This chapter expires December |
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135 | 135 | | 31, 2015. |
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136 | 136 | | SECTION 4. This Act takes effect September 1, 2009. |
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