82R6267 SJM-F
By: Farias H.B. No. 1787
A BILL TO BE ENTITLED
AN ACT
relating to establishing a restorative justice pilot program for
juvenile offenders in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Family Code, is amended by adding
Chapter 62 to read as follows:
CHAPTER 62. RESTORATIVE JUSTICE PILOT PROGRAM FOR JUVENILE
OFFENDERS IN CERTAIN COUNTIES
Sec. 62.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Juvenile Probation
Commission.
(2) "Department" means a local juvenile probation
department.
(3) "Program" means the restorative justice pilot
program created under this chapter for juvenile offenders.
(4) "Restorative justice" means an approach to justice
that emphasizes the importance of an offender's reparation of harm
caused to a victim by the offender's conduct that violates a penal
law. The term includes victim-offender mediation.
Sec. 62.002. APPLICABILITY OF CHAPTER. This chapter
applies only to a department located in a county:
(1) with a population of more than one million; and
(2) in which more than 75 percent of the population
resides in a single municipality.
Sec. 62.003. ESTABLISHMENT AND IMPLEMENTATION OF PILOT
PROGRAM. (a) The commission shall establish a restorative justice
pilot program for juvenile offenders to be implemented by a
department with funds appropriated for that purpose. The program:
(1) must include a pretrial diversion program for
children alleged to have engaged in conduct that violates a penal
law of this state other than conduct that violates a penal law
listed in Article 17.032(a), Code of Criminal Procedure; and
(2) may include a post-adjudication victim-offender
mediation program for juvenile offenders adjudicated to have
engaged in conduct that violates a penal law listed in Article
17.032(a), Code of Criminal Procedure, for the purpose of
determining appropriate restitution.
(b) In implementing the program, the commission shall
require a department to:
(1) establish a resource network relating to
restorative justice that includes representatives from the
department, the local dispute resolution center, the juvenile
courts, the district attorney's office, and the local juvenile
defense bar association;
(2) develop the program consistent with restorative
justice principles and best practices for victim-offender
mediation as identified by the commission; and
(3) identify outcome measures that may be used to
measure the effectiveness of the program.
Sec. 62.004. REPORT. Not later than December 1, 2012, the
department shall submit a report to the commission regarding the
program. The report must include:
(1) a comprehensive analysis of the effectiveness of
the program; and
(2) the department's findings and recommendations
regarding continuation or expansion of the program.
Sec. 62.005. PROGRAM FUNDING. The commission shall
provide sufficient funds to the department for the program and
report, if funds are appropriated for purposes of this chapter.
Sec. 62.006. EXPIRATION. This chapter expires September 2,
2013.
SECTION 2. This Act takes effect September 1, 2011.