82R6266 AJZ-D
By: Madden H.B. No. 1915
A BILL TO BE ENTITLED
AN ACT
relating to abolishing the Texas Youth Commission and the Texas
Juvenile Probation Commission and transferring the powers and
duties of those agencies to the newly created Texas Juvenile
Justice Department and to the functions of the independent
ombudsman for the Texas Youth Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS JUVENILE JUSTICE DEPARTMENT; TEXAS YOUTH
COMMISSION AND TEXAS JUVENILE PROBATION COMMISSION
SECTION 1.001. The Human Resources Code is amended by
adding Title 12 with a heading to read as follows:
TITLE 12. JUVENILE JUSTICE SERVICES AND FACILITIES
SECTION 1.002. Title 12, Human Resources Code, as added by
this Act, is amended by adding Subtitle A to read as follows:
SUBTITLE A. TEXAS JUVENILE JUSTICE BOARD AND TEXAS JUVENILE
JUSTICE DEPARTMENT
CHAPTER 201. GENERAL PROVISIONS
Sec. 201.001. DEFINITIONS. (a) In this title:
(1) "Board" means the Texas Juvenile Justice Board.
(2) "Child" means an individual 10 years of age or
older and under 19 years of age who is committed to a secure
post-adjudication facility operated by the department under
Subtitle C.
(3) "Court" means a juvenile court.
(4) "Department" means the Texas Juvenile Justice
Department.
(5) "Executive director" means the executive director
of the department.
(6) "Juvenile board" means a body established by law
to provide juvenile probation services to a county.
(7) "State aid" means funds allocated by the
department to a juvenile board to financially assist the juvenile
board in achieving the purposes of this title and in conforming to
the department's standards and policies.
(a-1) A reference to the department:
(1) in Subtitle B means the Texas Juvenile Probation
Commission;
(2) in Subtitle C means the Texas Youth Commission;
and
(3) in any law other than Subtitle B or C means the
Texas Juvenile Probation Commission or the Texas Youth Commission,
as applicable in context.
(a-2) This subsection and Subsection (a-1) expire September
1, 2012.
(b) Effective September 1, 2012, a reference in other law
to:
(1) the Texas Juvenile Probation Commission means the
department; or
(2) the Texas Youth Commission means the department.
CHAPTER 201A. TEMPORARY PROVISIONS
SUBCHAPTER A. TRANSITION TEAM
Sec. 201A.001. COMPOSITION OF TRANSITION TEAM; PRESIDING
OFFICER. (a) The juvenile justice services and facilities
transition team is composed of the following 11 members appointed
by the governor:
(1) a representative of the governor;
(2) the executive director of the Texas Juvenile
Probation Commission;
(3) the executive director of the Texas Youth
Commission;
(4) a representative of the lieutenant governor,
chosen from a list submitted to the governor by the lieutenant
governor;
(5) a representative of the speaker of the house of
representatives, chosen from a list submitted to the governor by
the speaker;
(6) one member who represents the interests of a
juvenile probation department that serves a county with a small
population;
(7) one member who represents the interests of a
juvenile probation department that serves a county with a medium
population;
(8) one member who represents the interests of a
juvenile probation department that serves a county with a large
population;
(9) one member who represents the interests of
juvenile offenders or the families of juvenile offenders;
(10) one member who represents an organization that
advocates on behalf of juvenile offenders or the families of
juvenile offenders; and
(11) one member who represents an organization that
advocates on behalf of the victims of delinquent or criminal
conduct.
(b) The governor shall make the appointments required by
Subsection (a) as soon as possible after September 1, 2011.
(c) The transition team member who is appointed under
Subsection (a)(1) serves as the presiding officer of the transition
team.
(d) The transition team members appointed under Subsections
(a)(2) and (3) remain on the transition team after August 31, 2012,
regardless of the abolition of the agencies named in those
subdivisions.
Sec. 201A.002. POWERS AND DUTIES. (a) After September 1,
2011, and before September 1, 2012, the transition team shall
coordinate and oversee the transition of services and facilities
from the Texas Juvenile Probation Commission and the Texas Youth
Commission to the Texas Juvenile Justice Department.
(b) After August 31, 2012, and before December 31, 2012, the
transition team shall assist the Texas Juvenile Justice Department
in implementing the transition of services and facilities from the
Texas Juvenile Probation Commission and the Texas Youth Commission
to the Texas Juvenile Justice Department.
Sec. 201A.003. ASSISTANCE. The following state agencies
shall, on request, assist the transition team with the following
matters:
(1) the Legislative Budget Board and the budget,
planning, and policy division of the governor's office, with
preparation of a suggested budget for the department;
(2) the Department of Information Resources, with the
technological needs of the department;
(3) the office of the attorney general, with legal
matters concerning the transition of services and facilities from
the Texas Juvenile Probation Commission and the Texas Youth
Commission to the Texas Juvenile Justice Department;
(4) the comptroller of public accounts, with suggested
accounting practices for the department; and
(5) the Texas Facilities Commission, with assistance
in efficiently using the office space in which the administrative
offices of the Texas Juvenile Probation Commission and the Texas
Youth Commission are located and, if necessary, locating additional
office space for the administrative offices of the department.
[Sections 201A.004-201A.050 reserved for expansion]
SUBCHAPTER B. EXPIRATION
Sec. 201A.051. EXPIRATION. This chapter expires December
31, 2012.
CHAPTER 202. ADMINISTRATIVE PROVISIONS
Sec. 202.001. COMPOSITION OF BOARD; PRESIDING OFFICER. (a)
The board is composed of the following 13 members appointed by the
governor with the advice and consent of the senate:
(1) four members who are juvenile court judges or
county commissioners;
(2) one prosecutor in juvenile court;
(3) one chief juvenile probation officer of a juvenile
probation department serving a county with a small population;
(4) one chief juvenile probation officer of a juvenile
probation department serving a county with a medium population;
(5) one chief juvenile probation officer of a juvenile
probation department serving a county with a large population;
(6) one treatment professional, who may be a mental
health treatment professional;
(7) one educator, as that term is defined by Section
5.001, Education Code;
(8) one member who represents an organization that
advocates on behalf of juvenile offenders or victims of delinquent
or criminal conduct; and
(9) two members of the general public.
(b) Members serve staggered six-year terms, with the terms
of four or five members expiring on February 1 of each odd-numbered
year.
(c) The governor shall designate a member of the board as
the presiding officer of the board to serve in that capacity at the
pleasure of the governor.
(d) The governor shall make appointments to the board
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
Sec. 202.002. RESTRICTIONS ON BOARD MEMBERSHIP AND
DEPARTMENT EMPLOYMENT. (a) A person may not be a public member of
the board if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of criminal or juvenile justice;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the department;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the department;
or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the department, other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
(b) A person may not be a board member and may not be a
department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of criminal or
juvenile justice; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of criminal or
juvenile justice.
(c) A person may not be a board member or act as the general
counsel to the board or the department if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the department.
(d) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
Sec. 202.003. PROVISIONS APPLICABLE TO JUDICIAL MEMBERS.
(a) A judge's place on the board becomes vacant when the judge
ceases to hold a judicial office.
(b) A judge's service on the board is an additional duty of
office.
(c) At the time of appointment to the board, a judge must be
a judge of:
(1) a court designated as a juvenile court; or
(2) a court that is one of several courts that rotate
being the juvenile court.
Sec. 202.004. REMOVAL OF BOARD MEMBERS. (a) It is a ground
for removal from the board if a member:
(1) does not have at the time of taking office the
qualifications required by Sections 202.001 and 202.003;
(2) does not maintain during service on the board the
qualifications required by Sections 202.001 and 202.003;
(3) is ineligible for membership under Section
202.002;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 202.005. BOARD MEMBER RECUSAL. (a) A chief juvenile
probation officer who is a board member shall avoid the appearance
of a conflict of interest by not voting or participating in any
decision by the board that directly benefits or penalizes or
otherwise directly impacts the juvenile probation department over
which the chief juvenile probation officer has authority.
(b) The board may adopt recusal requirements in addition to
those described by Subsection (a), including requirements that are
more restrictive than those described by Subsection (a).
Sec. 202.006. TRAINING FOR BOARD MEMBERS. (a) A person who
is appointed to and qualifies for office as a member of the board
may not vote, deliberate, or be counted as a member in attendance at
a meeting of the board until the person completes a training program
that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department;
(2) the programs, functions, rules, and budget of the
department;
(3) the results of the most recent formal audit of the
department;
(4) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(5) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 202.007. REIMBURSEMENT. A board member is not
entitled to compensation for service on the board but is entitled to
reimbursement for actual and necessary expenses incurred in
performing official duties as a board member.
Sec. 202.008. MEETINGS; PUBLIC PARTICIPATION. (a) The
board shall hold regular quarterly meetings on dates set by the
board and special meetings at the call of the presiding officer.
(b) The board shall adopt rules regulating the board's
proceedings.
(c) The board shall keep a public record of the board's
decisions at the board's general office.
(d) The board shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
department.
Sec. 202.009. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The
department is subject to audit by the state auditor in accordance
with Chapter 321, Government Code.
(b) The state auditor, on request of the office of inspector
general, may provide information or other assistance to the office
of inspector general that the state auditor determines is
appropriate. The office of inspector general may coordinate with
the state auditor to review or schedule a plan for an investigation
under Subchapter C, Chapter 242, or share other information.
(c) The state auditor may access all information maintained
by the office of inspector general, such as vouchers, electronic
data, and internal records, including information that is otherwise
confidential under law. Information obtained by the state auditor
under this subsection is confidential and is not subject to
disclosure under Chapter 552, Government Code.
(d) Any provision of this title relating to the operations
of the office of inspector general does not:
(1) supersede the authority of the state auditor to
conduct an audit under Chapter 321, Government Code; or
(2) prohibit the state auditor from:
(A) conducting an audit, investigation, or other
review; or
(B) having full and complete access to all
records and other information concerning the department, including
any witness statement or electronic data, that the state auditor
considers necessary for the audit, investigation, or review.
Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
Board and the Texas Juvenile Justice Department are subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the board and the
department are abolished September 1, 2017.
CHAPTER 203. GENERAL POWERS AND DUTIES OF BOARD AND DEPARTMENT
Sec. 203.001. CONTROL OVER DEPARTMENT; PRIORITIZATION OF
SERVICES. (a) The board is the governing body of the department
and is responsible for the operations of the department.
(b) The board shall develop and implement policies that
clearly separate the policymaking responsibilities of the board and
the management responsibilities of the executive director and the
staff of the department.
(c) A mission of the department is to achieve the goal of
prioritizing the use of probation services for juveniles over the
commitment of juveniles to state facilities. The board shall
develop and implement policies that prioritize the provision of:
(1) probation services under Subtitle B over
commitment under Subtitle C; and
(2) funding and assistance to juvenile probation
departments operated in accordance with Chapter 142.
Sec. 203.002. EXECUTIVE DIRECTOR. The board shall:
(1) employ an executive director to administer the
department; and
(2) supervise the director's administration of the
department.
Sec. 203.003. ACCESSIBILITY TO PROGRAMS AND FACILITIES.
(a) The department shall comply with federal and state laws related
to program and facility accessibility.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the department's programs and services.
Sec. 203.004. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The department shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
Sec. 203.005. GIFTS AND GRANTS. (a) The department may
apply for and accept gifts and grants from any public or private
source to use in maintaining and improving services provided under
this title.
(b) The department shall deposit money received under this
section in the state treasury. The department may use the money
only to make payments of state aid under Subtitle B and to
administer this title.
Sec. 203.006. MEDICAID BENEFITS. The department shall:
(1) identify areas in which federal Medicaid program
benefits could be used in a manner that is cost-effective for
juveniles in the juvenile justice system;
(2) develop a program to encourage application for and
receipt of Medicaid benefits;
(3) provide technical assistance to counties relating
to eligibility for Medicaid benefits; and
(4) monitor the extent to which counties make use of
Medicaid benefits.
Sec. 203.007. STUDIES; STATISTICAL RECORDS. (a) The
department may conduct or participate in studies relating to
corrections methods and systems and to treatment and therapy
programs at the governor's request or on the department's own
initiative.
(b) The department shall continuously study the problem of
juvenile delinquency in this state and the effectiveness of
services provided or regulated by the department under Subtitle B
or C and shall report the department's findings to the governor and
the legislature before each regular legislative session.
(c) The department shall keep records relating to juveniles
within the juvenile justice system that participate in research
programs or studies.
(d) The records must show, for each calendar quarter and for
each calendar year:
(1) the number of juveniles participating in research
programs or studies for the appropriate reporting period;
(2) the type of research program or study in which each
juvenile is participating;
(3) the name of the principal investigator conducting
the research program or study; and
(4) the entity sponsoring the research program or
study.
(e) The department shall submit a report that contains the
information in the records kept under Subsection (d) on or before
the 15th day after the last day of the appropriate reporting period
to the:
(1) governor;
(2) lieutenant governor;
(3) speaker of the house of representatives; and
(4) members of the senate and house of
representatives.
(f) A report submitted under this section is public
information under Chapter 552, Government Code.
Sec. 203.008. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH,
RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this section,
"evidence" means any record, book, paper, document, data, or other
evidence maintained by electronic or other means.
(b) The department may issue a subpoena requiring the
attendance of a witness or the production of evidence that the
department considers necessary for the investigation of:
(1) abuse, neglect, or exploitation allegations;
(2) complaints;
(3) financial and programmatic audits of juvenile
probation programs, services, and facilities, including juvenile
justice alternative education programs; or
(4) any other matter under the authority of the
department, including a determination of treatment under Section
244.005.
(c) The department may issue a subpoena under Subsection (b)
only if the subpoena is signed by:
(1) the presiding officer of the board or, if the
presiding officer is unavailable, the presiding officer's
designee; and
(2) at least two other members of the board, including
a board member who is a judge.
(d) Any peace officer, department investigator, other
department official, or person authorized under Article 24.01, Code
of Criminal Procedure, may serve the subpoena in the same manner
that similar process in a court of record having original
jurisdiction of criminal actions is served.
(e) A subpoena under this section shall be served and
witness fees and mileage paid as in civil cases in the district
court in the county to which the witness is called, unless the
proceeding for which the service or payment is made is under Chapter
2001, Government Code, in which case the service or payment shall be
made as provided in that chapter. Witnesses subpoenaed at the
instance of the department shall be paid their fees and mileage by
the department out of funds appropriated for that purpose.
(f) On application of the department, a court of record
having original jurisdiction of criminal actions may compel the
attendance of a witness, the production of material, or the giving
of testimony before the department, by an attachment for contempt
or in the same manner as the court may otherwise compel the
production of evidence.
(g) The presiding officer or a member of the board may
administer an oath to a witness in attendance before the department
or before an authorized representative of the department.
(h) If a witness in attendance before the department or
before an authorized representative refuses without reasonable
cause to be examined or answer a legal or pertinent question, or to
produce evidence when ordered by the department, the department may
apply to the district court for a rule or order returnable in not
less than two or in more than five days, directing the witness to
show cause before the judge why the witness should not be punished
for contempt. The department may apply to the district court of any
county where the witness is in attendance, on proof by affidavit of
the fact, unless the order of contempt is sought under Chapter 2001,
Government Code, in which case the department shall apply to a
district court of Travis County, as provided by that chapter. On
return of the order, the judge hearing the matter shall examine the
witness under oath and the witness shall be given an opportunity to
be heard. If the judge determines that the witness has refused,
without reasonable cause or legal excuse, to be examined or answer a
legal or pertinent question, or to produce evidence that the
witness was ordered to bring or produce, the judge may immediately
find the witness in contempt of court.
(i) The department shall be granted access at any reasonable
time to any evidence that is related to any matter the department or
executive director considers necessary to administer the
department's functions, powers, and duties.
Sec. 203.0081. ADVISORY COUNCIL ON JUVENILE SERVICES. (a)
The advisory council on juvenile services consists of:
(1) two juvenile court judges, appointed by the board;
(2) three juvenile probation officers, appointed by
the board;
(3) two citizens who are knowledgeable of juvenile
services, appointed by the board;
(4) the executive director of the department or the
executive director's designee;
(5) the commissioner of education or the
commissioner's designee; and
(6) the commissioner of human services or the
commissioner's designee.
(b) The advisory council shall report any determinations
made under Subsection (c) to the members of the board appointed
under Section 202.001.
(c) The advisory council shall determine the needs and
problems of county juvenile boards and departments and shall assist
the department in long-range planning.
Sec. 203.0082. FEES. If the General Appropriations Act
does not specify the amount of the fee, the board by rule may
establish fees that:
(1) are reasonable and necessary;
(2) produce revenue sufficient for the administration
of this chapter; and
(3) do not produce unnecessary revenue.
Sec. 203.0083. ANNUAL REPORTS. (a) The department shall
report annually to the governor and the legislature on the
department's operations and the condition of probation services in
the state during the previous year. The report:
(1) may include recommendations; and
(2) must include:
(A) an evaluation of the effectiveness of the
community-based programs operated under Section 54.0401, Family
Code; and
(B) information comparing the cost of a child
participating in a program described by Paragraph (A) with the cost
of committing the child to the department.
(b) The department shall file annually with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report accounting for all funds received and
disbursed by the department during the preceding fiscal year. The
annual report must be in the form and be submitted by the time
provided by the General Appropriations Act.
Sec. 203.009. PUBLIC INTEREST INFORMATION. The department
shall prepare information of public interest describing the
functions of the department and describing the procedures by which
complaints are filed with and resolved by the department. The
department shall make the information available to the general
public and appropriate state agencies.
Sec. 203.010. DEPARTMENT COMPLAINTS. (a) The department
shall maintain a system to promptly and efficiently act on
complaints filed with the department, other than complaints
received under Section 221.010. The department shall maintain
information about parties to the complaint, the subject matter of
the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The department shall periodically notify the complaint
parties of the status of the complaint until final disposition.
Sec. 203.011. APPEALS FROM DECISION OF EXECUTIVE DIRECTOR.
A juvenile probation department that is aggrieved by a decision of
the executive director may appeal the executive director's decision
to the board. The decision of the board is final and cannot be
appealed.
SECTION 1.003. Title 12, Human Resources Code, as added by
this Act, is amended by adding Subtitle B with a heading to read as
follows:
SUBTITLE B. PROBATION SERVICES; PROBATION FACILITIES
SECTION 1.004. Subchapters C, D, and E, Chapter 141, Human
Resources Code, are transferred to Subtitle B, Title 12, Human
Resources Code, as added by this Act, redesignated as Chapters 221,
222, and 223, respectively, and amended to read as follows:
CHAPTER 221. ASSISTANCE TO COUNTIES AND REGULATION OF JUVENILE
BOARDS AND JUVENILE PROBATION DEPARTMENTS
SUBCHAPTER A. GENERAL PROVISIONS [SUBCHAPTER C. POWERS AND
DUTIES OF COMMISSION]
Sec. 221.001 [141.041]. PROVISION OF PROBATION AND
DETENTION SERVICES. (a) The department [commission] shall assist
counties in providing probation and juvenile detention services by
encouraging the continued operation of county and multi-county
juvenile boards or probation offices.
(b) If a county discontinues the provision of juvenile
probation services, the department [commission] may directly
provide probation or detention services in the county.
Sec. 221.002 [141.042]. GENERAL RULES GOVERNING JUVENILE
BOARDS, PROBATION DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND
FACILITIES. (a) The department [commission] shall adopt
reasonable rules that provide:
(1) minimum standards for personnel, staffing, case
loads, programs, facilities, record keeping, equipment, and other
aspects of the operation of a juvenile board that are necessary to
provide adequate and effective probation services;
(2) a code of ethics for probation and detention
officers and for the enforcement of that code;
(3) appropriate educational, preservice and
in-service training, and certification standards for probation and
detention officers or court-supervised community-based program
personnel;
(4) subject to Subsection (d), minimum standards for
public and private juvenile pre-adjudication secure detention
facilities, public juvenile post-adjudication secure correctional
facilities that are operated under the authority of a juvenile
board or governmental unit, private juvenile post-adjudication
secure correctional facilities operated under a contract with a
governmental unit, except those facilities exempt from
certification by Section 42.052(g), and nonsecure correctional
facilities operated by or under contract with a governmental unit;
and
(5) minimum standards for juvenile justice
alternative education programs created under Section 37.011,
Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee.
(b) In adopting the rules, the department [commission]
shall consider local information and evidence gathered through
public review and comment.
(c) The department [commission] shall operate a statewide
registry for all public and private juvenile pre-adjudication
secure detention facilities and all public and private juvenile
post-adjudication secure correctional facilities [except a
facility operated or certified by the Texas Youth Commission].
(d) In adopting rules under Subsection (a)(4), the
department [commission] shall ensure that the minimum standards for
facilities described by Subsection (a)(4) are designed to ensure
that juveniles confined in those facilities are provided the
rights, benefits, responsibilities, and privileges to which a
juvenile is entitled under the United States Constitution, federal
law, and the constitution and laws of this state. The minimum
standards must include a humane physical and psychological
environment, safe conditions of confinement, protection from harm,
adequate rehabilitation and education, adequate medical and mental
health treatment, and due process of law.
(e) A juvenile board that does not accept state aid funding
from the department under Section 223.001 shall report to the
department each month on a form provided by the department the same
data as that required of counties accepting state aid funding
regarding juvenile justice activities under the jurisdiction of the
juvenile board. If the department makes available free software to
a juvenile board for the automation and tracking of juveniles under
the jurisdiction of the juvenile board, the department may require
the monthly report to be provided in an electronic format adopted by
rule by the department.
Sec. 221.003. RULES CONCERNING MENTAL HEALTH SCREENING
INSTRUMENT AND RISK AND NEEDS ASSESSMENT INSTRUMENT; ADMISSIBILITY
OF STATEMENTS. (a) The department by rule shall require juvenile
[(e) Juvenile] probation departments to [shall] use the mental
health screening instrument selected by the department
[commission] for the initial screening of children under the
jurisdiction of probation departments who have been formally
referred to a juvenile probation [the] department. The department
[commission] shall give priority to training in the use of this
instrument in any preservice or in-service training that the
department [commission] provides for probation officers. The rules
adopted by the department under this section must allow a [A]
clinical assessment by a licensed mental health professional to
[may] be substituted for the mental health screening instrument
selected by the department [commission] if the clinical assessment
is performed in the time prescribed by the department [commission].
(b) [(f)] A juvenile probation department must, before the
disposition of a child's case and using a validated risk and needs
assessment instrument or process provided or approved by the
department [commission], complete a risk and needs assessment for
each child under the jurisdiction of the juvenile probation
department.
(c) [(g)] Any statement made by a child and any mental
health data obtained from the child during the administration of
the mental health screening instrument under this section is not
admissible against the child at any other hearing. The person
administering the mental health screening instrument shall inform
the child that any statement made by the child and any mental health
data obtained from the child during the administration of the
instrument is not admissible against the child at any other
hearing.
(d) [(h) A juvenile board that does not accept state aid
funding from the commission under Section 141.081 shall report to
the commission each month on a form provided by the commission the
same data as that required of counties accepting state aid funding
regarding juvenile justice activities under the jurisdiction of the
juvenile board. If the commission makes available free software to
the juvenile board for the automation and tracking of juveniles
under the jurisdiction of the juvenile board, the commission may
require the monthly report to be provided in an electronic format
adopted by the commission.
[(i)] A juvenile probation department shall report data
from the use of the screening instrument or clinical assessment
under Subsection (a) [(e)] and the risk and needs assessment under
Subsection (b) [(f)] to the department [commission] in the format
and at the time prescribed by the department [commission].
(e) [(j)] The department [commission] shall adopt rules to
ensure that youth in the juvenile justice system are assessed using
the screening instrument or clinical assessment under Subsection
(a) [(e)] and the risk and needs assessment under Subsection (b)
[(f)].
Sec. 221.004 [141.0421]. STANDARDS RELATING TO LOCAL
PROBATION DEPARTMENTS. (a) The department [commission] shall
adopt rules that provide:
(1) standards for the collection and reporting of
information about juvenile offenders by local probation
departments;
(2) performance measures to determine the
effectiveness of probation services provided by local probation
departments; and
(3) case management standards for all probation
services provided by local probation departments.
(b) The department [commission] shall monitor local
probation departments for compliance with the standards and
measures that the department [commission] adopts.
(c) The department [commission] shall provide technical
assistance to local probation departments to aid compliance with
the standards and measures that the department [commission] adopts.
Sec. 221.005 [141.043]. TRAINING AND ASSISTANCE TO LOCAL
AUTHORITIES. The department [commission] shall provide
educational training and technical assistance to counties,
juvenile boards, and probation offices to:
(1) promote compliance with the standards required
under this chapter; and
(2) assist the local authorities in improving the
operation of probation, parole, and detention services.
Sec. 221.006 [141.0431]. VIOLENCE PREVENTION AND CONFLICT
RESOLUTION TRAINING. The department [commission] shall:
(1) provide training on request to juvenile probation
departments and juvenile boards in violence prevention and conflict
resolution programs that include discussion of domestic violence
and child abuse issues; and
(2) encourage the inclusion of a violence prevention
and conflict resolution program as a condition of probation.
Sec. 221.007 [141.044]. JUVENILE BOARD RECORDS AND
REPORTS. Each juvenile board in the state shall:
(1) keep the financial, programmatic, and statistical
records the department [commission] considers necessary; and
(2) submit periodic financial, programmatic, and
statistical reports to the department [commission] as required by
the department [commission] and in the format specified by the
department [commission], including electronic submission.
[Sec. 141.045. GIFTS AND GRANTS. (a) The commission may
apply for and accept gifts and grants from any public or private
source to use in maintaining and improving probation services in
the state.
[(b) The commission shall deposit money received under this
section in the state treasury. The commission may use the money
only to make payments of state aid under this chapter and to
administer this chapter.]
Sec. 221.008 [141.046]. INSPECTIONS AND AUDITS. (a) The
department [commission] may inspect and evaluate a juvenile board
and probation department and audit the juvenile board's [its]
financial, programmatic, and statistical records at reasonable
times to determine compliance with the department's [commission's]
rules.
(b) The department [commission] may inspect any program or
facility operated on behalf of and under the authority of the
juvenile board by the probation department, a governmental entity,
or private vendor.
[Sec. 141.0461. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER
OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this
section, "evidence" means any record, book, paper, document, data,
or other evidence maintained by electronic or other means.
[(b) The commission may issue a subpoena requiring the
attendance of a witness or the production of evidence that the
commission considers necessary for the investigation of:
[(1) abuse, neglect, or exploitation allegations;
[(2) complaints;
[(3) financial and programmatic audits of juvenile
probation programs services and facilities, including juvenile
justice alternative education programs; or
[(4) any matter under the authority of the commission.
[(c) The commission may issue a subpoena under Subsection
(b) only if the subpoena is signed by:
[(1) the chairman of the commission or, if the
chairman is unavailable, the vice-chairman of the commission; and
[(2) at least two other members of the commission,
including a member who is a judge.
[(d) Any peace officer, commission investigator, other
commission official, or person authorized under Article 24.01, Code
of Criminal Procedure, may serve the subpoena in the same manner
that similar process in a court of record having original
jurisdiction of criminal actions is served.
[(e) A subpoena under this section shall be served and
witness fees and mileage paid as in civil cases in the district
court in the county to which the witness is called, unless the
proceeding for which the service or payment is made is under Chapter
2001, Government Code, in which case the service or payment shall be
made as provided in that chapter. Witnesses subpoenaed at the
instance of the commission shall be paid their fees and mileage by
the commission out of funds appropriated for that purpose.
[(f) On application of the commission, a court of record
having original jurisdiction of criminal actions may compel the
attendance of a witness, the production of material, or the giving
of testimony before the commission, by an attachment for contempt
or in the same manner as the court may otherwise compel the
production of evidence.
[(g) The chairman or another member of the commission may
administer an oath to a witness in attendance before the commission
or before an authorized representative of the commission.
[(h) If a witness in attendance before the commission or
before an authorized representative refuses without reasonable
cause to be examined or answer a legal or pertinent question, or to
produce evidence when ordered by the commission, the commission may
apply to the district court for a rule or order returnable in not
less than two or in more than five days, directing the witness to
show cause before the judge why the witness should not be punished
for contempt. The commission may apply to the district court of any
county where the witness is in attendance, on proof by affidavit of
the fact, unless the order of contempt is sought under Chapter 2001,
Government Code, in which case the commission shall apply to a
district court of Travis County, as provided by that chapter. On
return of the order, the judge hearing the matter shall examine the
witness under oath and the witness shall be given an opportunity to
be heard. If the judge determines that the witness has refused,
without reasonable cause or legal excuse, to be examined or answer a
legal or pertinent question, or to produce evidence that the
witness was ordered to bring or produce, the judge may immediately
find the witness in contempt of court.
[(i) The commission shall be granted access at any
reasonable time to any evidence that is related to any matter the
commission or executive director considers necessary to administer
the commission's functions, powers, and duties.]
Sec. 221.009 [141.047]. INTERAGENCY AND INTERGOVERNMENTAL
COOPERATION. (a) To improve probation services, the department
[commission] may cooperate and contract with:
(1) the federal government;
(2) governmental agencies in this state and other
states;
(3) political subdivisions of the state; and
(4) private agencies.
(b) The executive director[, the executive commissioner of
the Texas Youth Commission,] and the commissioners of education,
mental health and mental retardation, and human services shall meet
in Austin at least quarterly to:
(1) discuss mutual problems;
(2) resolve conflicts in providing services to
juveniles; and
(3) make recommendations to the governor and
legislature.
Sec. 221.0095 [141.0471]. COORDINATED STRATEGIC PLANNING
COMMITTEE. (a) The [director and the] executive director [of the
Texas Youth Commission] shall [jointly] appoint a strategic
planning committee to biennially develop a coordinated strategic
plan [which shall guide, but not substitute for, the strategic
plans developed individually by the agencies. The director and the
executive director of the Texas Youth Commission are co-presiding
officers of the strategic planning committee].
(b) The executive director shall appoint eight [four]
members to the strategic planning committee. The executive
director shall appoint at least:
(1) one committee member who represents the interests
of families of juvenile offenders;
(2) one committee member who represents the interests
of local juvenile probation departments; [and]
(3) one committee member who is a mental health
treatment professional licensed under Subtitle B or I, Title 3,
Occupations Code;[.]
(4) [(c) The executive director of the Texas Youth
Commission shall appoint four members to the strategic planning
committee. The executive director shall appoint at least:
[(1)] one committee member who represents the
interests of juvenile offenders;
(5) [(2)] one committee member who represents the
interests of the victims of delinquent or criminal conduct; and
(6) [(3)] one committee member who is an educator as
defined by Section 5.001, Education Code.
Sec. 221.0096 [141.0472]. COORDINATED STRATEGIC PLAN;
ADOPTION OF PLAN. (a) The coordinated strategic plan developed by
the strategic planning committee under Section 221.0095 [141.0471]
must:
(1) identify short-term and long-term policy goals;
(2) identify time frames and strategies for meeting
the goals identified under Subdivision (1);
(3) estimate population projections, including
projections of population characteristics;
(4) estimate short-term and long-term capacity,
programmatic, and funding needs;
(5) describe intensive service and surveillance
parole pilot programs to be jointly developed;
(6) include an evaluation of aftercare services
emphasizing concrete outcome measures, including recidivism and
educational progress;
(7) identify objective criteria for the various
decision points throughout the continuum of juvenile justice
services and sanctions to guard against disparate treatment of
minority youth;
(8) identify interagency [cross-agency] outcome
measures by which to evaluate the effectiveness of services
provided to youth in the juvenile justice system [the system
generally];
(9) include a plan of implementation for the
development of common data sources and data sharing among the
department [commission], juvenile probation departments, [the
Texas Youth Commission,] the Department of Family and Protective
Services, the Department of State Health Services, the Health and
Human Services Commission, the Texas Education Agency, and other
state agencies that serve youth in the juvenile justice system;
(10) include the development of new, or the
improvement of existing, validated risk assessment instruments;
(11) include strategies to determine which programs
are most effective in rehabilitating youth in the juvenile justice
system;
(12) include planning for effective aftercare
programs and services, including ensuring that youth in the
juvenile justice system have personal identification and
appropriate referrals to service providers; and
(13) track performance measures to illustrate the
costs of different levels of treatment and to identify the most
cost-effective programs in each component of the juvenile justice
system in this state.
(b) In addition to the information described by Subsection
(a), the coordinated strategic plan must include specific processes
and procedures for [routinely communicating juvenile justice
system information between the commission and the Texas Youth
Commission and] determining opportunities to coordinate practices
for improving outcomes for youth.
(c) The board [governing boards of the commission and the
Texas Youth Commission] shall review and adopt the coordinated
strategic plan on or before December 1st of each odd-numbered
year[, or before the adoption of the agency's individual strategic
plan, whichever is earlier].
[Sec. 141.048. STUDIES. (a) The commission may conduct or
participate in studies relating to corrections methods and systems
and to treatment and therapy programs at the governor's request or
on its own motion.
[(b) The commission shall continuously study the
effectiveness of probation services and shall report its findings
to the governor and the legislature before each regular legislative
session.
[Sec. 141.0486. REPORTING CONCERNING RESEARCH PROGRAMS OR
STUDIES. (a) The commission shall keep records relating to
children within the juvenile probation system that participate in
research programs or studies.
[(b) The records must show, for each calendar quarter and
for each calendar year:
[(1) the number of children participating in research
programs or studies for the appropriate reporting period;
[(2) the type of research program or study in which
each child is participating;
[(3) the name of the principal investigator conducting
the research program or study; and
[(4) the entity sponsoring the research program or
study.
[(c) The commission shall submit a report that contains the
information in the records kept under Subsection (b) on or before
the 15th day after the last day of the appropriate reporting period
to the:
[(1) governor;
[(2) lieutenant governor;
[(3) speaker of the house of representatives; and
[(4) members of the senate and house of
representatives.
[(d) A report submitted under this section is public
information under Chapter 552, Government Code.]
Sec. 221.010 [141.049]. COMPLAINTS RELATING TO JUVENILE
BOARDS. (a) The department [commission] shall maintain a system to
promptly and efficiently act on a complaint filed with the
department [commission] relating to a juvenile board funded by the
department [commission]. The department [commission] shall
maintain information about parties to the complaint, a summary of
the results of the review or investigation of the complaint, and the
disposition of the complaint.
(b) The department [commission] shall make information
available describing the department's [commission's] procedures
for the investigation and resolution of a complaint filed with the
department [commission] relating to a juvenile board funded by the
department [commission].
(c) The department [commission] shall investigate the
allegations in the complaint and make a determination of whether
there has been a violation of the department's [commission's] rules
relating to juvenile probation programs, services, or facilities.
(d) The department shall handle and dispose of complaints
received under this section in the manner described by Section
203.010 [If a written complaint is filed with the commission
relating to a juvenile board funded by the commission, the
commission shall periodically notify the complainant and the
juvenile board of the status of the complaint until final
disposition, unless notice would jeopardize an undercover
investigation].
Sec. 221.011. INVESTIGATORS. (a) The department may
employ and commission investigators as peace officers for the
purpose of investigating allegations of abuse, neglect, and
exploitation in juvenile justice programs and facilities under
Section 261.405, Family Code.
(b) Peace officers employed and commissioned under
Subsection (a) must be certified by the Commission on Law
Enforcement Officer Standards and Education under Chapter 1701,
Occupations Code.
[Sections 221.012-221.050 reserved for expansion]
SUBCHAPTER B. CONTRACT STANDARDS AND MONITORING
Sec. 221.051 [141.050]. CONTRACT STANDARDS. (a) In each
contract with counties for local probation services, the department
[commission] shall include:
(1) clearly defined contract goals, outputs, and
measurable outcomes that relate directly to program objectives;
(2) clearly defined sanctions or penalties for failure
to comply with or perform contract terms or conditions; and
(3) clearly specified accounting, reporting, and
auditing requirements applicable to money received under the
contract.
(b) The department [commission] shall require each local
juvenile probation department:
(1) to include the provisions of Subsection (a) in its
contracts with private service providers that involve the use of
state funds; and
(2) to use data relating to the performance of private
service providers in prior contracts as a factor in selecting
providers to receive contracts.
(c) The department [commission] shall consider the past
performance of a juvenile board when contracting with the juvenile
board for local probation services other than basic probation
services. In addition to the contract standards described by
Subsection (a), a contract with a juvenile board for probation
services other than basic probation services must:
(1) include specific performance targets for the
juvenile board based on the juvenile board's historic performance
of the services; and
(2) require a juvenile board to report on the juvenile
board's success in meeting the performance targets described by
Subdivision (1).
Sec. 221.052 [141.051]. CONTRACT MONITORING. The
department [commission] shall establish a formal program to monitor
contracts under Section 221.051 [141.050] made by the department
[commission]. The department [commission] must:
(1) monitor compliance with financial and performance
requirements using a risk assessment methodology; and
(2) obtain and evaluate program cost information to
ensure that each cost, including an administrative cost, is
reasonable and necessary to achieve program objectives.
[Sec. 141.052. MEDICAID BENEFITS. The commission shall:
[(1) identify areas in which federal Medicaid program
benefits could be used in a manner that is cost-effective for
children in the juvenile justice system;
[(2) develop a program to encourage application for
and receipt of Medicaid benefits;
[(3) provide technical assistance to counties
relating to eligibility for Medicaid benefits; and
[(4) monitor the extent to which counties make use of
Medicaid benefits.
[Sec. 141.053. ACCESSIBILITY TO PROGRAMS AND FACILITIES.
The commission shall comply with federal and state laws relating to
program and facility accessibility. The executive director shall
also prepare and maintain a written plan that describes how a person
who does not speak English can be provided reasonable access to the
commission's programs and services.]
Sec. 221.053 [141.054]. CONTRACTS FOR OUT-OF-STATE
JUVENILE INMATES. (a) The only entities other than the state
authorized to operate a correctional facility to house in this
state juvenile inmates convicted of offenses committed against the
laws of another state of the United States are:
(1) a county or municipality; and
(2) a private vendor operating a correctional facility
under a contract with a county or municipality.
(b) The department [commission] shall develop rules,
procedures, and minimum standards applicable to county or private
correctional facilities housing out-of-state juvenile inmates. A
contract made under Subsection (a) [of this section] shall require
the county, municipality, or private vendor to operate the facility
in compliance with minimum standards adopted by the department
[commission].
[Sec. 141.055. INVESTIGATORS. (a) The commission may
employ and commission investigators as peace officers for the
purpose of investigating allegations of abuse, neglect, and
exploitation in juvenile justice programs and facilities under
Section 261.405, Family Code.
[(b) Peace officers employed and commissioned under
Subsection (a) must be certified by the Commission on Law
Enforcement Officer Standards and Education under Chapter 1701,
Occupations Code.
[Sec. 141.056. STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a) The
director shall establish a committee to evaluate alternatives to
the juvenile justice system, such as government programs,
faith-based programs, and programs offered by nonprofit
organizations, for children who are accused of engaging in acts of
prostitution.
[(b) The director shall determine the size of the committee.
The committee must be composed of:
[(1) members of the Texas Juvenile Probation
Commission, the Texas Youth Commission, and other relevant state
agencies as determined by the director;
[(2) members of the legislature;
[(3) members of nongovernmental organizations that
provide programs and services to combat and prevent trafficking of
persons as described by Section 20A.02, Penal Code, in this state,
including the following with respect to that trafficking:
[(A) programs to promote public awareness;
[(B) programs to identify and provide services to
victims;
[(C) legal services; and
[(D) community outreach and training programs;
and
[(4) other juvenile justice experts.
[(c) Not later than January 1, 2011, the committee shall
prepare and deliver to each member of the legislature a report that
includes the results of the study and recommendations for
alternatives to the juvenile justice system for children who are
accused of engaging in acts of prostitution.
[(d) This section expires June 1, 2011.]
Sec. 221.054 [141.057]. DATA COLLECTION. (a) The
department [commission] shall collect comprehensive data
concerning the outcomes of local probation programs throughout the
state.
(b) Data collected under Subsection (a) must include:
(1) a description of the types of programs and
services offered by a juvenile probation department, including a
description of the components of each program or service offered;
and
(2) to the extent possible, the rate at which
juveniles who enter or complete juvenile probation are later
committed to the custody of the state.
Sec. 221.055 [141.058]. QUARTERLY REPORT ON ABUSE,
NEGLECT, AND EXPLOITATION. (a) The department [On January 1, 2010,
and quarterly after that date, the commission] shall prepare and
deliver a quarterly report to the board concerning the final
outcome of any complaint received under Section 261.405, Family
Code, that concerns the abuse, neglect, or exploitation of a
juvenile. The report must include a summary of the actions
performed by the department [commission] and any applicable
juvenile board or juvenile probation department in resolving the
complaint.
(b) A report prepared under Subsection (a) is public
information under Chapter 552, Government Code, only to the extent
authorized by that chapter.
Sec. 221.056 [141.059]. RESIDENTIAL TREATMENT FACILITY.
(a) The department [commission] may contract with a local mental
health and mental retardation authority that, on April 1, 2009, had
an unutilized or underutilized residential treatment facility, for
the establishment of a residential treatment facility for juveniles
with mental illness or emotional injury who, as a condition of
juvenile probation, are ordered by a court to reside at the facility
and receive education services at the facility. The department
[commission] may work in cooperation with the local mental health
and mental retardation authority to provide mental health
residential treatment services for juveniles residing at a facility
established under this section.
(b) A residential treatment facility established under this
section must provide juveniles receiving treatment at the facility:
(1) a short-term program of mental health
stabilization that does not exceed 150 days in duration; and
(2) all educational opportunities and services,
including special education instruction and related services, that
a school district is required under state or federal law to provide
for students residing in the district through a charter school
operated in accordance with and subject to Subchapter D, Chapter
12, Education Code.
(c) If a residential treatment facility established under
this section is unable to provide adequate and sufficient
educational opportunities and services to juveniles residing at the
facility, the facility may not continue to operate beyond the end of
the school year in which the opportunities or services provided by
the facility are determined to be inadequate or insufficient.
(d) Notwithstanding any other law and in addition to the
number of charters allowed under Subchapter D, Chapter 12,
Education Code, the State Board of Education shall grant a charter
on the application of a residential treatment facility established
under this section for a school chartered for the purposes of this
section.
CHAPTER 222. STANDARDS FOR AND REGULATION OF [SUBCHAPTER D.
PROVISIONS RELATING TO] CERTAIN OFFICERS AND EMPLOYEES
SUBCHAPTER A. STANDARDS FOR AND GENERAL REGULATION OF OFFICERS
Sec. 222.001 [141.061]. MINIMUM STANDARDS FOR PROBATION
OFFICERS. (a) To be eligible for appointment as a probation
officer, a person who was not employed as a probation officer before
September 1, 1981, must:
(1) be of good moral character;
(2) have acquired a bachelor's degree conferred by a
college or university accredited by an accrediting organization
recognized by the Texas Higher Education Coordinating Board;
(3) have either:
(A) one year of graduate study in criminology,
corrections, counseling, law, social work, psychology, sociology,
or other field of instruction approved by the department
[commission]; or
(B) one year of experience in full-time case
work, counseling, or community or group work:
(i) in a social service, community,
corrections, or juvenile agency that deals with offenders or
disadvantaged persons; and
(ii) that the department [commission]
determines provides the kind of experience necessary to meet this
requirement;
(4) have satisfactorily completed the course of
preservice training or instruction and any continuing education
required by the department [commission];
(5) have passed the tests or examinations required by
the department [commission]; and
(6) possess the level of certification required by the
department [commission].
(b) The department [commission] by rule may authorize the
waiver of the requirement of a year of graduate study or full-time
employment experience if the authority responsible for employing
the officer establishes to the satisfaction of the department
[commission] that, after a diligent search, the authority cannot
locate a person meeting that requirement to fill a job opening.
(c) The department [commission] by rule may authorize the
temporary employment of a person who has not completed a course of
preservice training, passed the examination, or attained the
required level of certification, contingent on the person meeting
those requirements within the time specified by the department
[commission].
(d) A person must possess the level of training, experience,
and certification required by the department [commission] to be
eligible for employment in a probation office in a position
supervising other probation officers. The department [commission]
may require several levels of certification to reflect increasing
levels of responsibility. A department [commission] rule relating
to levels of certification does not affect the continued employment
of a probation officer in a supervisory position if the person holds
that position on the date on which the rule takes effect.
(e) The department [commission] may waive any certification
requirement, except a fee requirement, for an applicant who has a
valid certification from another state that has certification
requirements that are substantially equivalent to the requirements
in this state.
(f) The department [commission] may waive the degree
accreditation requirement in Subsection (a)(2) if the applicant
possesses a foreign or other degree that the department
[commission] determines is the substantial equivalent of a
bachelor's degree. The department [commission] shall adopt rules
defining the procedures to be used to request a waiver of the
accreditation requirement in Subsection (a)(2).
Sec. 222.002 [141.0611]. MINIMUM STANDARDS FOR DETENTION
OFFICERS. To be eligible for appointment as a detention officer, a
person who was not employed as a detention officer before September
1, 2005, must:
(1) be of good moral character;
(2) be at least 21 years of age;
(3) have acquired a high school diploma or its
equivalent;
(4) have satisfactorily completed the course of
preservice training or instruction required by the department
[commission];
(5) have passed the tests or examinations required by
the department [commission]; and
(6) possess the level of certification required by the
department [commission].
Sec. 222.003 [141.0612]. MINIMUM STANDARDS FOR CERTAIN
EMPLOYEES OF NONSECURE CORRECTIONAL FACILITIES. (a) The
department [commission] by rule shall adopt certification
standards for persons who are employed in nonsecure correctional
facilities that accept only juveniles who are on probation and that
are operated by or under contract with a governmental unit, as
defined by Section 101.001, Civil Practice and Remedies Code.
(b) The certification standards adopted under Subsection
(a) must be substantially similar to the certification requirements
for detention officers under Section 222.002 [141.0611].
Sec. 222.004. PERSONS WHO MAY NOT ACT AS CHIEF
ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a) A
peace officer, prosecuting attorney, or other person who is
employed by or who reports directly to a law enforcement or
prosecution official may not act as a chief administrative,
juvenile probation, or detention officer or be made responsible for
supervising a juvenile on probation.
(b) For purposes of this section, a chief administrative
officer, regardless of title, is the person who is:
(1) hired or appointed by or under contract with the
juvenile board; and
(2) responsible for the oversight of the operations of
the juvenile probation department or any juvenile justice program
operated by or under the authority of the juvenile board.
Sec. 222.005. CARRYING OF FIREARM BY CERTAIN OFFICERS
PROHIBITED. (a) A juvenile probation, detention, or corrections
officer may not carry a firearm in the course of the person's
official duties.
 (b) This section does not apply to:
(1) an employee of the department; or
(2) a juvenile probation officer authorized to carry a
firearm under Section 142.006.
Sec. 222.006. PROBATION OFFICER: COUNTY EMPLOYEE. A
juvenile probation officer whose jurisdiction covers only one
county is considered to be an employee of that county.
[Sections 222.007-222.050 reserved for expansion]
SUBCHAPTER B. CERTIFICATION AND EXAMINATION
Sec. 222.051 [141.062]. NOTICE OF CERTIFICATION
EXAMINATION RESULTS. (a) Except as provided by Subsection (b) [of
this section], the department [commission] shall notify each person
taking a certification examination of the results of the
examination not later than the 30th day after the date on which the
examination is administered.
(b) The department [commission] shall notify a person
taking an examination graded or reviewed by a national testing
service of the results not later than the 14th day after the date on
which the department [commission] receives the results from the
testing service.
(c) If the notice of the examination results graded or
reviewed by a national testing service will be delayed for longer
than 90 days after the examination date, the department
[commission] shall notify the person of the reason for the delay
before that 90th day.
Sec. 222.052 [141.063]. ANALYSIS OF EXAMINATION
PERFORMANCE. The department [commission] shall furnish a person
who fails a certification test administered under this chapter with
an analysis of the person's performance on the examination if the
person requests the analysis in writing.
Sec. 222.053 [141.064]. REVOCATION OR SUSPENSION OF
CERTIFICATION. (a) The department [commission] may revoke or
suspend a certification, or reprimand a certified officer:
(1) for a violation of this chapter or a department
[commission] rule; or
(2) if, under Subsection (c), a panel determines that
continued certification of the person threatens juveniles in the
juvenile justice system.
(b) The department [commission] may place on probation a
person whose certification is suspended. If the suspension is
probated, the department [commission] may require the person to:
(1) report regularly to the department [commission] on
matters that are the basis of the probation; and
(2) continue or review professional education until
the person attains a degree of skill satisfactory to the department
[commission] in those areas that are the basis of the probation.
(c) The executive director may convene, in person or
telephonically, a panel of three board [commission] members to
determine if a person's continued certification threatens
juveniles in the juvenile justice system. If the panel determines
that the person's continued certification threatens juveniles in
the juvenile justice system, the person's license is temporarily
suspended until an administrative hearing is held as soon as
possible under Subsection (d). The executive director may convene
a panel under this subsection only if the danger posed by the
person's continued certification is imminent. The panel may hold a
telephonic meeting only if immediate action is required and
convening the panel at one location is inconvenient for any member
of the panel.
(d) A person is entitled to a hearing before the State
Office of Administrative Hearings if the department [commission]
proposes to suspend or revoke the person's certification.
(e) A person may appeal a ruling or order issued under this
section to a district court in the county in which the person
resides or in Travis County. The standard of review is under the
substantial evidence rule.
[Sec. 141.065. PERSONS WHO MAY NOT ACT AS CHIEF
ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a) A
peace officer, prosecuting attorney, or other person who is
employed by or who reports directly to a law enforcement or
prosecution official may not act as a chief administrative,
juvenile probation, or detention officer or be made responsible for
supervising a juvenile on probation.
[(b) For purposes of this section, a chief administrative
officer, regardless of title, is the person who is:
[(1) hired or appointed by or under contract with the
juvenile board; and
[(2) responsible for the oversight of the operations
of the juvenile probation department or any juvenile justice
program operated by or under the authority of the juvenile board.
[Sec. 141.066. CARRYING OF FIREARM BY CERTAIN OFFICERS
PROHIBITED. (a) A juvenile probation, detention, or corrections
officer may not carry a firearm in the course of the person's
official duties.
[(b) This section does not apply to:
[(1) an employee of the Texas Youth Commission; or
[(2) a juvenile probation officer authorized to carry
a firearm under Section 142.006.
[Sec. 141.067. PROBATION OFFICER: COUNTY EMPLOYEE. A
juvenile probation officer whose jurisdiction covers only one
county is considered to be an employee of that county.]
CHAPTER 223 [SUBCHAPTER E]. STATE AID
Sec. 223.001 [141.081]. DETERMINATION OF AMOUNT OF STATE
AID. (a) The department [commission] shall annually allocate
funds for financial assistance to juvenile boards to provide
juvenile services according to current estimates of the number of
juveniles in each county and other factors the department
[commission] determines are appropriate.
(b) The legislature may appropriate the amount of state aid
necessary to supplement local funds to maintain and improve
statewide juvenile services that comply with department
[commission] standards.
(c) The department [commission] may set aside a portion of
the funds appropriated to the department [commission] for state aid
to fund programs designed to address special needs or projects of
local juvenile boards.
[(d) The commission by rule shall, not later than September
1, 2010, establish one or more basic probation services funding
formulas and one or more community corrections funding formulas.
The funding formulas established under this subsection must include
each grant for which the commission, on or before September 1, 2009,
established an allocation formula.]
Sec. 223.002 [141.082]. MAINTENANCE OF LOCAL FINANCIAL
SUPPORT. (a) To receive the full amount of state aid funds for
which a juvenile board may be eligible, a juvenile board must
demonstrate to the department's [commission's] satisfaction that
the amount of local or county funds budgeted for juvenile services
is at least equal to the amount spent, excluding construction and
capital outlay expenses, for those services in the 1994 county
fiscal year. The department [commission] may waive this
requirement only if the juvenile board demonstrates to the
department [commission] that unusual, catastrophic, or exceptional
circumstances existed during the relevant year to affect adversely
the level of county funding. If the required amount of local funding
is not budgeted and the department [commission] does not grant a
waiver, the department [commission] shall reduce the allocation of
state aid funds to the juvenile board by the amount equal to the
amount that the county funding is below the required funding.
(b) For purposes of Subsection (a), the [The] amount spent
on juvenile detention and correctional facilities is included in
determining the amount of local or county funds. The amount spent
for construction or renovation is not included.
(c) The department [commission] must be satisfied at the end
of each county fiscal year that the juvenile board actually spent
local or county funds for juvenile services in the amount
demonstrated to the department [commission] at the beginning of the
fiscal year.
(d) The department [commission] may require a rebate of
state aid, or [may] withhold state aid to which the juvenile board
would otherwise be entitled, as necessary to satisfy the
requirement that a juvenile board spend funds as demonstrated.
Sec. 223.003 [141.083]. SPECIAL RULES FOR MULTI-COUNTY
JURISDICTIONS. If necessary, the department [commission] by rule
may provide for:
(1) the payment of compensation, insurance,
retirement, fringe benefits, and related matters to a juvenile
probation officer whose jurisdiction covers more than one county;
(2) the centralization of administrative
responsibility associated with the state aid program in a county
included in a multi-county jurisdiction; and
(3) the application of Section 223.001 [141.081 of
this code] to a multi-county jurisdiction.
Sec. 223.004 [141.084]. PAYMENT OF STATE AID. (a) When the
department [commission] determines that a juvenile board complies
with the department's [commission's] standards, the department
[commission] shall submit to the comptroller a voucher for payment
to a juvenile board of the amount of state aid to which the board is
entitled.
(b) The juvenile board's fiscal officer shall deposit all
state aid received under this chapter in a special fund. The
juvenile board may use the funds solely to provide juvenile
probation services.
(c) A juvenile board receiving state aid under this chapter
is subject to audit by:
(1) the Legislative Budget Board;
(2) [,] the governor's budget, policy, and planning
office;
(3) [,] the state auditor; [,] and
(4) the comptroller.
(d) A juvenile board receiving state aid under this chapter
shall submit reports as required by the department [commission].
Sec. 223.005 [141.085]. REFUSAL, REDUCTION, OR SUSPENSION
OF STATE AID. (a) The department [commission] may refuse, reduce,
or suspend payment of state aid to:
(1) a juvenile board that fails to comply with the
department's [commission's] rules or fails to maintain local
financial support; or
(2) a county that fails to comply with the minimum
standards provided under Section 221.002(a)(4) [141.042(a)(4)].
(b) The department [commission] shall provide for notice
and a hearing in a case in which the department [it] refuses,
reduces, or suspends state aid.
Sec. 223.006 [141.086]. FUNDING AND CONSTRUCTION OF
POST-ADJUDICATION FACILITIES. (a) The department [commission] may
provide state aid to a county to acquire, construct, and equip
post-adjudication residential or day-treatment centers from money
appropriated for those purposes. The facilities may be used for
children who are placed on probation by a juvenile court under
Section 54.04, Family Code, as an alternative to commitment to the
facilities of the department [Texas Youth Commission].
(b) State funds provided to counties under Subsection (a)
must be matched by local funds equal to at least one-fourth of the
state funds.
(c) From money appropriated for construction of the
facilities described by Subsection (a), the department
[commission] shall contract with the Texas Department of Criminal
Justice for construction management services, including:
(1) evaluation of project plans and specifications;
and
(2) review and comment on the selection of architects
and engineers, change orders, and sufficiency of project
inspection.
(d) On completion of the review of project plans and
specifications under Subsection (c), the Texas Department of
Criminal Justice shall issue a comprehensive report that states in
detail the proposed cost of the project. The department
[commission] shall use the report in making a comparative
evaluation of proposed projects and shall give priority to the
projects the department [commission] finds are the most effective
and economical.
(e) The department [commission] may not award money for a
capital construction project for a facility under this section
unless the department [commission] receives from the commissioners
court of the county intending to use the facility a written
commitment that the commissioners court has reviewed and accepted
the conditions of the award. If more than one county intends to use
the facility, the department [commission] must receive from each
county a written commitment that the county will agree with the
other counties to an interlocal contract to operate the facility in
accordance with the conditions of the award.
(f) A county receiving state aid under this section shall
adhere to department [commission] standards for the construction
and operation of a post-adjudication secure residential facility.
(g) For a facility constructed under this section, not more
than 25 percent of the operating costs of the facility may be
reimbursed by the department [commission].
(h) It is the intent of the legislature to appropriate the
full amount of money authorized under Subsection (g).
(i) [The commission shall conduct an annual audit of the
operating costs for a fiscal year of a facility constructed under
this section for each fiscal year through fiscal year 1999. The
commission shall submit a report on the results of the audit to the
Legislative Budget Board and the governor not later than the 60th
day after the last day of the fiscal year covered by the audit.
[(j)] In this section, "operating costs" means the
operating costs of a facility at an 80-percent occupancy rate.
SECTION 1.005. Title 12, Human Resources Code, as added by
this Act, is amended by adding Subtitle C with a heading to read as
follows:
SUBTITLE C. SECURE FACILITIES
SECTION 1.006. Subchapter G, Chapter 61, Human Resources
Code, is transferred to Subtitle C, Title 12, Human Resources Code,
as added by this Act, redesignated as Chapter 241, and amended to
read as follows:
CHAPTER 241. GENERAL [SUBCHAPTER G. MISCELLANEOUS] PROVISIONS
Sec. 241.001 [61.091]. COOPERATION OF OTHER AGENCIES. To
effectuate the purpose of this subtitle [chapter] and to make
maximum use of existing facilities and personnel, all departments
and agencies of the state and all officers and employees of the
state, when requested by the department [commission], shall
cooperate with the department [it] in all activities consistent
with their proper functions.
Sec. 241.0015 [61.0911]. COORDINATED STRATEGIC PLAN. The
department [Texas Youth Commission] shall biennially develop [with
the Texas Juvenile Probation Commission] a coordinated strategic
plan in the manner described by Sections 221.0095 [141.0471] and
221.0096 [141.0472].
Sec. 241.002 [61.092]. NO FORFEITURE OF CERTAIN CIVIL
RIGHTS. Commitment of a child to the custody of the department
[commission] does not disqualify the child in any future
examination, appointment, or application for public service under
the government of the state or of any political subdivision of the
state.
[Sec. 61.093. ESCAPE AND APPREHENSION. (a) If a child who
has been committed to the commission and placed by it in any
institution or facility has escaped or has been released under
supervision and broken the conditions of release:
[(1) a sheriff, deputy sheriff, constable, or police
officer may, without a warrant, arrest the child; or
[(2) a commission employee designated by the executive
commissioner may, without a warrant or other order, take the child
into the custody of the commission.
[(b) A child who is arrested or taken into custody under
Subsection (a) may be detained in any suitable place, including an
adult jail facility if the person is 17 years of age or older, until
the child is returned to the custody of the commission or
transported to a commission facility.
[(c) Notwithstanding Section 58.005, Family Code, the
commission may disseminate to the public the following information
relating to a child who has escaped from custody:
[(1) the child's name, including other names by which
the child is known;
[(2) the child's physical description, including sex,
weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
[(3) a photograph of the child; and
[(4) if necessary to protect the welfare of the
community, any other information that reveals dangerous
propensities of the child or expedites the apprehension of the
child.
[Sec. 61.0931. APPREHENSION SPECIALISTS. (a) The
commission may employ and commission apprehension specialists as
peace officers for the purpose of apprehending a child under
Section 61.093.
[(b) Peace officers employed and commissioned under
Subsection (a) must be certified by the Commission on Law
Enforcement Officer Standards and Education under Chapter 415,
Government Code.]
Sec. 241.003 [61.094]. YOUTH DEVELOPMENT COUNCIL FUND. The
youth development council fund exists in the treasury as a special
fund for the purposes provided by law.
Sec. 241.004 [61.095]. REQUEST FOR CERTAIN RECORDS. For
the purpose of offering a record as evidence in the punishment phase
of a criminal proceeding, a prosecuting attorney may obtain the
record of a defendant's adjudication that is admissible under
Section 3(a), Article 37.07, Code of Criminal Procedure, by
submitting a request for the record to the department [commission].
If the department [commission] has a record to which the
prosecuting attorney is entitled under this section, the department
[commission] shall furnish a copy of the record to the prosecuting
attorney. Otherwise, the department [commission] shall notify the
prosecuting attorney that the department [commission] does not have
a record to which the attorney is entitled under this section.
Sec. 241.005 [61.096]. LIABILITY OF VOLUNTEERS. (a)
Except as provided by Subsection (b), a volunteer is not liable for
damages arising from an act or omission that results in personal
injury, death, or property damage if the act or omission is:
(1) in the course and scope of the volunteer's duties
as a volunteer; and
(2) not intentional or grossly negligent.
(b) A volunteer is liable for personal injury, death, or
property damage proximately caused by an act or omission related to
the operation or use of any motor-driven equipment to the extent of
the greater of:
(1) the amount of financial responsibility required
for the motor-driven equipment, if any, under Chapter 601,
Transportation Code; or
(2) the amount of any liability insurance coverage
that applies to the act or omission.
(c) In this section, "volunteer" means an individual
rendering services for or on behalf of the department [commission]
who does not receive compensation in excess of reimbursement for
expenses incurred.
Sec. 241.006 [61.097]. APPLICATION OF LAW RELATING TO FREE
EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice
and Remedies Code, an ordinance, rule, order, decision, or practice
that applies to a person in the custody of a juvenile detention
facility or other correctional facility operated by or under a
contract with the department [commission], a county, or a juvenile
probation department is presumed to be in furtherance of a
compelling governmental interest and the least restrictive means of
furthering that interest. The presumption may be rebutted.
Sec. 241.007 [61.098]. CERTAIN CRIMES CONCERNING THE
DEPARTMENT [COMMISSION]. (a) In this section, "special
prosecution unit" means the special prosecution unit established
under Subchapter E, Chapter 41, Government Code.
(b) As appropriate, the district attorney, criminal
district attorney, or county attorney representing the state in
criminal matters before the district or inferior courts of the
county who would otherwise represent the state in the prosecution
of an offense or delinquent conduct concerning the department
[commission] and described by Article 104.003(a), Code of Criminal
Procedure, may request that the special prosecution unit prosecute,
or assist in the prosecution of, the offense or delinquent conduct.
(c) The office of inspector general operated under
Subchapter C, Chapter 242, shall on a quarterly basis prepare and
deliver to the board of directors of the special prosecution unit a
report concerning:
(1) any alleged criminal offense or delinquent conduct
concerning the department [commission] and described by Article
104.003(a), Code of Criminal Procedure, that occurred during the
preceding calendar quarter; and
(2) the disposition of any case involving a criminal
offense or delinquent conduct concerning the department
[commission] and described by Article 104.003(a), Code of Criminal
Procedure, that occurred during the preceding calendar quarter.
(d) Notwithstanding Subsection (c), the office of inspector
general shall immediately provide the special prosecution unit with
a report concerning an alleged criminal offense or delinquent
conduct concerning the department [commission] and described by
Article 104.003(a), Code of Criminal Procedure, if the chief
inspector general reasonably believes the offense or conduct is
particularly serious and egregious.
(e) The chief inspector general of the office of inspector
general, at the direction of the board of directors of the special
prosecution unit, shall notify the foreman of the appropriate grand
jury, in the manner provided by Article 20.09, Code of Criminal
Procedure, if:
(1) the chief inspector general receives credible
evidence of illegal or improper conduct by department [commission]
officers, employees, or contractors that the inspector general
reasonably believes jeopardizes the health, safety, and welfare of
children in the custody of the department [commission];
(2) the chief inspector general reasonably believes
the conduct:
(A) could constitute an offense under Article
104.003(a), Code of Criminal Procedure; and
(B) involves the alleged physical or sexual abuse
of a child in the custody of a department [commission] facility or
an investigation related to the alleged abuse; and
(3) the chief inspector general has reason to believe
that information concerning the conduct has not previously been
presented to the appropriate grand jury.
Sec. 241.008 [61.099]. DUTY TO FILE COMPLAINT WITH LAW
ENFORCEMENT AGENCY. If the executive director [commissioner] has
reasonable cause to believe that a child in the custody of the
department [commission] is the victim of a crime committed at a
department [commission] facility operated under this subtitle, the
executive director [commissioner] shall immediately file a
complaint with the appropriate law enforcement agency.
SECTION 1.007. Subchapters C, D, E, and F, Chapter 61, Human
Resources Code, are transferred to Subtitle C, Title 12, Human
Resources Code, as added by this Act, redesignated as Chapters 242,
243, 244, and 245, respectively, and amended to read as follows:
CHAPTER 242. OPERATION OF SECURE FACILITIES
SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS [SUBCHAPTER C.
POWERS AND DUTIES]
Sec. 242.001. ACCREDITATION BY AMERICAN CORRECTIONAL
ASSOCIATION. The department shall adopt and implement a plan for
each correctional facility operated by or under contract with the
department under this subtitle to be accredited by the American
Correctional Association.
Sec. 242.002. STUDY OF TREATMENT METHODS; STATISTICAL
RECORDS. (a) The department shall conduct continuing inquiry into
the effectiveness of the treatment methods the department employs
in the reformation of children. To this end, the department shall
maintain a record of arrests and commitments of its wards
subsequent to their discharge from the jurisdiction of the
department and shall tabulate, analyze, and publish biennially the
data for use in evaluating the relative merits of treatment
methods.
(b) The department shall cooperate with courts and private
and public agencies in the collection of statistics and information
regarding juvenile delinquency, arrests made, complaints,
informations, and petitions filed, and the dispositions made of
them, and other information useful in determining the amount and
causes of juvenile delinquency in this state.
[Sec. 61.031. CONTINUING STUDY. The commission shall carry
on a continuing study of the problem of juvenile delinquency in this
state and shall seek to focus public attention on special solutions
to this problem.]
Sec. 242.003 [61.0315]. EVALUATION OF TREATMENT PROGRAMS;
AVAILABILITY. (a) The department [commission] shall annually
review the effectiveness of the department's [commission's]
programs for the rehabilitation and reestablishment in society of
children committed to the department [commission], including
programs for sex offenders, capital offenders, children who are
chemically dependent, emotionally disturbed children, and females.
(b) On or before December 31 of each year, the department
[commission] shall make a report on the effectiveness of the
programs to the Legislative Budget Board.
(c) The department [commission] shall offer or make
available programs described by Subsection (a) in an adequate
manner so that a child in the custody of the department [commission]
receives appropriate rehabilitation services recommended for the
child by the court committing the child to the department
[commission].
(d) If the department [commission] is unable to offer or
make available programs described by Subsection (a) in the manner
provided by Subsection (c), the department [commission] shall, not
later than January 10 of each odd-numbered year, provide the
standing committees of the senate and house of representatives with
primary jurisdiction over matters concerning correctional
facilities with a report explaining:
(1) which programs are not offered or are unavailable;
and
(2) the reason the programs are not offered or are
unavailable.
(e) The department [commission] shall periodically review,
document, and compare the accessibility and funding of treatment
programs provided to female children committed to the department
[commission] to the accessibility and funding of treatment provided
to male children committed to the department [commission].
[Sec. 61.032. ADMINISTRATION OF INSTITUTIONS. The
commission shall administer the training, diagnostic treatment,
and supervisory facilities and services of the state for children
committed to the commission and shall manage and direct all
institutions and training school facilities under the authority of
the commission.]
Sec. 242.004 [61.033]. ANNUAL FINANCIAL REPORT. The
department [commission] shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the department under this subtitle [commission] during
the preceding fiscal year. The annual report must meet the
reporting requirements applicable to financial reporting provided
in the General Appropriations Act.
Sec. 242.005 [61.0331]. INTERNAL AUDIT; REPORT. (a) The
department [commission] shall regularly conduct internal audits of
the department [commission], including audits of:
(1) correctional facilities operated by and under
contract with the department under this subtitle [commission]; and
(2) medical services provided to children in the
custody of the department [commission].
(b) The department [commission] shall on a quarterly basis
report the results of the audits to:
(1) the committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities; and
(2) the state auditor.
Sec. 242.006 [61.034]. POLICIES AND RULES. (a) The
executive director [commissioner] is responsible for the adoption
of all policies and shall make rules appropriate to the proper
accomplishment of the department's [commission's] functions.
(b) The executive director [commissioner] shall adopt rules
for the government of the schools, facilities, and programs under
the department's [commission's] authority under this subtitle and
shall see that the schools, facilities, and programs are conducted
according to law and to the executive director's [commissioner's]
rules.
(c) The purpose of the rules and of all education, work,
training, discipline, and recreation adopted under this section[,]
and of all other activities in the schools, facilities, and
programs is to restore and increase the self-respect and
self-reliance of the children [youth] under the authority of the
department [commission] and to qualify those children [them] for
good citizenship and honorable employment.
Sec. 242.007 [61.0345. MISSION STATEMENT. The commission
shall develop and adopt a statement regarding the role and mission
of the commission.
[Sec. 61.035]. EMPLOYEES. (a) Within the limits specified
by legislative appropriation, the department [commission] may
employ and compensate personnel necessary to carry out the
department's [its] duties.
(b) Except as otherwise provided by this subchapter
[chapter], an employee of the department [commission] is employed
on an at-will basis.
(c) The department [commission] shall establish procedures
and practices governing:
(1) employment-related grievances submitted by
department [commission] employees; and
(2) disciplinary actions within the department
[commission], including a procedure allowing a department
[commission] employee to elect to participate in an independent
dismissal mediation if the employee is recommended for dismissal.
Sec. 242.008 [61.0351]. PROFESSIONAL INFORMATION FOR
ADVISORY BOARD MEMBERS AND EMPLOYEES. The executive director
[commissioner] shall provide to members of any applicable [the]
advisory board and to department [commission] employees, as often
as is necessary, information regarding qualifications [their
qualification] for office or employment under this chapter and
[their] responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
[Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board shall
develop and implement policies that clearly separate the
policymaking responsibilities of the board and the management
responsibilities of the staff of the commission.]
Sec. 242.009 [61.0353]. INTRA-AGENCY CAREER LADDER
PROGRAM. The program shall require intra-agency posting of all
positions concurrently with any public postings.
Sec. 242.010 [61.0354]. JOB PERFORMANCE EVALUATIONS. The
executive director [commissioner] shall develop a system of annual
performance evaluations that are based on documented employee
performance. All merit pay for department [commission] employees
must be based on the system established under this section.
Sec. 242.011 [61.0355]. EQUAL EMPLOYMENT OPPORTUNITY
POLICY STATEMENT. (a) The executive director [commissioner] shall
prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement shall include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with requirements of
Chapter 21, Labor Code;
(2) a comprehensive analysis of the department's
[commission's] work force that meets federal or state laws, rules,
and regulations and instructions promulgated directly from those
laws, rules, and regulations;
(3) procedures by which a determination can be made
about the extent of underuse in the department's [commission's]
work force of all persons of whom federal or state laws, rules, and
regulations and instructions promulgated directly from those laws,
rules, and regulations encourage a more equitable balance; and
(4) reasonable methods to appropriately address those
areas of underuse.
(b) A policy statement prepared under Subsection (a) must
cover an annual period, be updated annually, be reviewed by the
Texas Workforce Commission [on Human Rights] for compliance with
Subsection (a)(1), and be filed with the governor's office.
(c) The governor's office shall deliver a biennial report to
the legislature based on the information received under Subsection
(b). The report may be made separately or as a part of other
biennial reports made to the legislature.
Sec. 242.012 [61.0356]. JUVENILE CORRECTIONAL OFFICERS;
STAFFING. (a) In this section, "juvenile correctional officer"
means a department [an] employee whose primary duties include [duty
includes] the custodial supervision of children in the custody of
the department [commission].
(b) The department [commission] shall provide each juvenile
correctional officer employed by the department [commission] with
at least 300 hours of training, which must include on-the-job
training, before the officer independently commences the officer's
duties at the facility. The training must provide the officer with
information and instruction related to the officer's duties,
including information and instruction concerning:
(1) the juvenile justice system of this state,
including the juvenile correctional facility system;
(2) security procedures;
(3) the supervision of children committed to the
department [commission];
(4) signs of suicide risks and suicide precautions;
(5) signs and symptoms of the abuse, assault, neglect,
and exploitation of a child, including sexual abuse and sexual
assault, and the manner in which to report the abuse, assault,
neglect, or exploitation of a child;
(6) the neurological, physical, and psychological
development of adolescents;
(7) department [commission] rules and regulations,
including rules, regulations, and tactics concerning the use of
force;
(8) appropriate restraint techniques;
(9) the Prison Rape Elimination Act of 2003 (42 U.S.C.
Section 15601, et seq.);
(10) the rights and responsibilities of children in
the custody of the department [commission];
(11) interpersonal relationship skills;
(12) the social and cultural lifestyles of children in
the custody of the department [commission];
(13) first aid and cardiopulmonary resuscitation;
(14) counseling techniques;
(15) conflict resolution and dispute mediation,
including de-escalation techniques;
(16) behavior management;
(17) mental health issues; and
(18) employee rights, employment discrimination, and
sexual harassment.
(c) The department [commission] may employ part-time
juvenile correctional officers. A part-time juvenile correctional
officer is subject to the training requirements of this section.
(d) In each correctional facility operated by the
department [commission] that has a dormitory, including an open-bay
dormitory, the department [commission] must maintain a ratio of not
less than one juvenile correctional officer performing direct
supervisory duties for every 12 persons committed to the facility.
(e) The department [commission] shall consider the age of a
juvenile correctional officer or other department [commission]
employee who performs direct supervisory duties when determining
the placement of the officer or employee in a department
[commission] facility so that, to the extent practicable, an
officer or employee is not supervising a child who is not more than
three years younger than the officer or employee or is otherwise a
similar age to the officer or employee.
(f) The department [commission] shall rotate the assignment
of each juvenile correctional officer at an interval determined by
the department [commission] so that a juvenile correctional officer
is not assigned to the same station for an extended period of time.
(g) The department [commission] shall ensure that at least
one juvenile correctional officer is assigned to supervise in or
near a classroom or other location in which children receive
education services or training at the time the children are
receiving the education services or training.
(h) The department [commission] shall adopt rules necessary
to administer this section.
Sec. 242.013 [61.0357]. REQUIRED BACKGROUND AND CRIMINAL
HISTORY CHECKS. (a) In this section, "national[:
[(1) "Department" means the Department of Public
Safety.
[(2) "National] criminal history record information"
means criminal history record information obtained from the
Department of Public Safety [department] under Subchapter F,
Chapter 411, Government Code, and from the Federal Bureau of
Investigation under Section 411.087, Government Code.
(b) The executive director [commissioner] shall review the
national criminal history record information, state criminal
history record information maintained by the Department of Public
Safety [department], and previous and current employment
references of each person who:
(1) is an employee, contractor, volunteer, ombudsman,
or advocate working for the department [commission] or working in a
department [commission] facility or a facility under contract with
the department [commission];
(2) provides direct delivery of services to children
in the custody of the department [commission]; or
(3) has access to records in department [commission]
facilities or offices.
(c) To enable the executive director [commissioner] to
conduct the review, the department [commission] shall adopt rules
requiring a person described by Subsection (b) to electronically
provide the Department of Public Safety [department] with a
complete set of the person's fingerprints in a form and of a quality
acceptable to the Department of Public Safety [department] and the
Federal Bureau of Investigation.
(d) For each person described by Subsection (b), the
executive director [commissioner] shall review on an annual basis
the person's national criminal history record information.
(e) The department [commission] shall ensure that the
system used to check state criminal history record information
maintained by the Department of Public Safety [department] is
capable of providing real time arrest information.
(f) The department [commission] by rule may require a person
described by Subsection (b) to pay a fee related to the first
national criminal history record information review conducted
under this section. The amount of the fee may not exceed the
administrative costs incurred by the department [commission] in
conducting the initial review, including the costs of obtaining the
person's fingerprints.
(g) The department [commission] shall adopt rules necessary
to administer this section.
Sec. 242.014 [61.036]. COOPERATION WITH OTHER AGENCIES.
(a) The department [commission] shall cooperate with all existing
agencies and encourage the establishment of new programs, both
local and statewide, the object of which is services to delinquent
and predelinquent youth of this state.
(b) The department [commission] may assist in developing,
strengthening, and coordinating educational, welfare, health,
recreational, and law-enforcement programs which have as their
object the prevention of juvenile delinquency and crime.
Sec. 242.015. COMPLAINTS REGARDING SERVICES. (a) The
department shall maintain a system to promptly and efficiently act
on a complaint filed with the department by a person, other than a
child receiving services from the department or the child's parent
or guardian, that the department has authority to resolve. The
department shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and the
disposition of the complaint.
(b) The department shall make information available
describing the department's procedures for complaint investigation
and resolution.
(c) The department shall periodically notify the complaint
parties of the status of the complaint until final disposition,
unless the notice would jeopardize an undercover investigation.
(d) The department shall keep information about each
written complaint filed with the department by a child receiving
services from the department or the child's parent or guardian. The
information must include:
(1) the subject matter of the complaint;
(2) a summary of the results of the review or
investigation of the complaint; and
(3) the period of time between the date the complaint
is received and the date the complaint is closed.
Sec. 242.016. BIENNIAL BUDGET. The executive director
shall prepare a biennial budget of all funds necessary to be
appropriated by the legislature to the department to carry out the
purposes of this subtitle. The budget shall be submitted and filed
by the executive director in the form and manner and within the time
prescribed by law.
[Sections 242.017-242.050 reserved for expansion]
SUBCHAPTER B. SECURE FACILITIES; SERVICES
Sec. 242.051. ADMINISTRATION OF INSTITUTIONS; CHARGE OF
CHILDREN. (a) The department shall:
(1) administer the training, diagnostic treatment,
and supervisory facilities and services of the state for children
committed to the department; and
(2) manage and direct all institutions and training
school facilities under the authority of the department.
(b) The department shall have general charge of and be
responsible for the welfare, custody, and rehabilitation of the
children in a school, facility, or program operated or funded by the
department. The department shall seek to establish relationships
and to organize a way of life that will meet the spiritual, moral,
physical, emotional, intellectual, and social needs of the children
under the department's care as those needs would be met in an
adequate home.
(c) The department shall see that the buildings and premises
are kept in good sanitary condition.
Sec. 242.052. BUILDINGS AND IMPROVEMENTS. (a) The
department may design, construct, equip, furnish, and maintain
buildings and improvements at facilities under the department's
jurisdiction.
(b) The department may employ architects or engineers, or
both, to prepare plans and specifications and to supervise the
construction and improvements described by Subsection (a).
(c) The department shall promulgate rules relating to the
award of contracts for the construction of buildings and
improvements. The rules shall provide for the award of contracts
for the construction of buildings and improvements to the qualified
bidder making the lowest and best bid. A construction contract may
not be awarded for a sum in excess of the amount of funds available
for the project. The department may reject any and all bids
submitted.
(d) If a project is financed wholly or partly by federal
funds, any standards required by the enabling federal statute or
required by the rules of the administering federal agency control
over this section.
(e) The department may employ professional, technical, and
clerical personnel to carry out the design and construction
functions required by this section.
Sec. 242.053 [61.037]. USE OF EXISTING INSTITUTIONS AND
AGENCIES. (a) In carrying out the department's [its] duties, the
department [commission] may make use of law-enforcement,
detention, supervisory, medical, educational, correctional, and
other facilities, institutions, and agencies in the state. This
section does not authorize the department [commission] to assume
control of any other agency, institution, or facility in the state,
or to require any agency, institution, or facility to serve the
department [commission] in a manner inconsistent with the [its]
authority or function of the agency, institution, or facility or
with any law or regulation governing the [its] activity of the
agency, institution, or facility.
(b) When funds are available for the purpose, the department
[commission] may enter into agreements with appropriate public or
private agencies for the separate care and treatment of persons
subject to the control of the department [commission]. The
department [commission] may not make use of any private institution
or agency without its consent. The department [commission] shall
make reasonable efforts to ensure that the expenditure of
appropriations for the purchase of contract residential care for
children, not including the purchase of care in foster family
homes, be allocated to providers on a fixed monthly basis if that
allocation [it] is cost-effective and the number, type, needs, and
conditions of the children to be served is reasonably constant.
(c) The department [commission] shall periodically inspect
all public and private institutions and agencies whose facilities
the department [it] is using. Every public and private institution
and agency shall allow [afford to] the department [commission]
reasonable opportunity to examine and consult with children who
have been committed to the department [commission] and who are in
the custody of the institution or agency.
(d) Placement of a child in, or the release of a child by,
any institution not operated by the department [commission] does
not terminate the authority of the department [commission] over the
child. No child placed in an institution or under an agency by the
department [commission] may be released by the institution or
agency without the approval of the department [commission].
Sec. 242.054 [61.038]. HALFWAY HOUSE PROGRAM. (a) The
department [commission] may not develop a halfway house to be
operated by the department [commission] if an appropriate private
halfway house program is contractually available and the costs
under the contract are less than the costs would be if the
department [commission] provided the services.
(b) Before the department [commission] contracts for the
development of a halfway house program, the department [commission]
shall send prospective service providers a request for a proposal
that identifies the program services desired, the population to be
served, and potential locations for the program. The department
[commission] shall select the service provider that submits the
proposal that best meets the department's [commission's] needs
according to standards established by the department [commission].
If the department [commission] does not receive a proposal that
meets its needs, the department [commission] may request funds from
the legislature for the development of a halfway house to be
operated by the department [commission].
(c) This section does not apply to halfway houses operated
by the department [commission] on September 1, 1987.
Sec. 242.055 [61.0385]. CRISIS INTERVENTION AND ASSESSMENT
CENTERS. The department [commission] may establish a children's
crisis intervention and assessment center at a facility owned or
operated by the department [commission]. The department
[commission] may contract with another entity for the provision or
use of services at the center.
Sec. 242.056 [61.0386]. ADVOCACY AND SUPPORT GROUPS. (a)
The department [commission] shall allow advocacy and support groups
whose primary functions are to benefit children, inmates, girls and
women, the mentally ill, or [and] victims of sexual assault to
provide on-site information, support, and other services for
children confined in department [commission] facilities.
(b) The department [commission] shall adopt security and
privacy procedures for advocacy and support groups that provide
on-site information, support, and other services under this
section. The security and privacy procedures may not be designed
to deny an advocacy or support group access to children confined in
department [commission] facilities.
(c) The department [commission] shall adopt standards
consistent with standards adopted by the Texas Department of
Criminal Justice regarding the confidential correspondence of
children confined in department [commission] facilities with
external entities, including advocacy and support groups.
Sec. 242.057 [61.039]. DEPARTMENT [COMMISSION] PROGRAMS.
(a) The department [commission] shall develop and use standards
based on performance to evaluate and compare programs operated by
the department [commission].
(b) When practicable and feasible, the department
[commission] shall provide specific performance standards for a
program serving 10 or more children through an agreement entered
into under Section 242.053 [61.037 of this chapter]. In the
performance standards, the department [commission] shall include
outcome measures for evaluating the quality of services provided
under the agreement.
(c) For the purposes of comparison, the department
[commission] shall use performance standards that are as consistent
as practicable with those used to evaluate and compare programs
operated by the department [commission], that measure the benefits
and cost-effectiveness of the respective programs, and that measure
the average length of stay and rate of recidivism of the children in
the program.
Sec. 242.058 [61.0395]. SERVICES FOR CHILDREN NOT
COMMITTED TO THE DEPARTMENT [COMMISSION]. The department
[commission] may provide services to a child not committed to the
department [commission] if the department [commission] contracts
with a local juvenile probation department, the Health and [Texas
Department of] Human Services Commission, or the Department of
Family and Protective [and Regulatory] Services to provide services
to the child.
Sec. 242.059 [61.040]. ADDITIONAL FACILITIES; PAROLE
SUPERVISION. When funds are available, the department [commission]
may:
(1) establish and operate places for detention and
diagnosis of children committed to it;
(2) establish and operate additional treatment and
training facilities, including forestry or parks-maintenance camps
and ranches, necessary to classify and treat children committed to
the department [commission] according to their needs;
(3) establish active parole supervision to aid
children given conditional release to find homes and employment and
to become reestablished in the community; and
(4) assist in establishing training facilities and
programs owned and operated by private individuals or organizations
which agree to provide services to children committed to the
department [commission], including programs for children needing
long-term residential care.
Sec. 242.060 [61.0401]. COMPUTATION OF DAILY COSTS OF
FACILITY. In computing the daily costs of a residential facility
operated by the department [commission], the department
[commission] shall use a standard method that is:
(1) consistent with methods used by other state
agencies; and
(2) [that is] designed to reflect the actual cost to
the state of operating the facility.
Sec. 242.061 [61.041. STUDY OF TREATMENT METHODS;
STATISTICAL RECORDS. (a) The commission shall conduct continuing
inquiry into the effectiveness of the treatment methods it employs
in the reformation of children. To this end, the commission shall
maintain a record of arrests and commitments of its wards
subsequent to their discharge from the jurisdiction of the
commission and shall tabulate, analyze, and publish biennially
these data for use in evaluating the relative merits of treatment
methods.
[(b) The commission shall cooperate with courts and private
and public agencies in the collection of statistics and information
regarding juvenile delinquency, arrests made, complaints,
informations, and petitions filed, and the dispositions made of
them, and other information useful in determining the amount and
causes of juvenile delinquency in this state.
[Sec. 61.042]. REFERRALS FROM FEDERAL COURT. The
department [commission] may enter into agreements with the federal
government to accept children from the federal court for an agreed
compensation.
Sec. 242.062 [61.0421. PUBLIC INTEREST INFORMATION. The
commission shall prepare information of public interest describing
the functions of the commission and describing the procedures by
which complaints are filed with and resolved by the commission. The
commission shall make the information available to the general
public and appropriate state agencies.
[Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
commission shall maintain a system to promptly and efficiently act
on a complaint filed with the commission by a person, other than a
child receiving services from the commission or the child's parent
or guardian, that the commission has authority to resolve. The
commission shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and the
disposition of the complaint.
[(b) The commission shall make information available
describing the commission's procedures for complaint investigation
and resolution.
[(c) The commission shall periodically notify the complaint
parties of the status of the complaint until final disposition,
unless the notice would jeopardize an undercover investigation.
[(d) The commission shall keep information about each
written complaint filed with the commission by a child receiving
services from the commission or the child's parent or guardian. The
information must include:
[(1) the subject matter of the complaint;
[(2) a summary of the results of the review or
investigation of the complaint; and
[(3) the period of time between the date the complaint
is received and the date the complaint is closed.
[Sec. 61.0423. PUBLIC HEARINGS. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the commission.
[(b) The board shall ensure that the location of public
hearings held in accordance with this section is rotated between
municipalities in which a commission facility is located or that
are in proximity to a commission facility.
[Sec. 61.043. GIFTS; GRANTS. The commission may accept
gifts, grants, or donations of money or property from private
sources to effectuate the purpose of this chapter. Donated funds
shall be placed in the state treasury in a special fund called the
Texas Youth Commission Fund and expended as other state money is
expended, on warrants drawn by the comptroller on the order of the
commission. At the end of each state fiscal year, any unexpended
balance in the fund shall be carried over in the same fund.
[Sec. 61.0431]. SPECIAL ACCOUNTS. (a) Proceeds from the
operation of canteens and vending machines at facilities under the
jurisdiction of the department [commission] shall be deposited to
the credit of a special account in the General Revenue Fund called
the canteen revolving fund. The proceeds shall be used to pay the
actual expenses of maintaining and operating the canteens and
vending machines.
(b) Proceeds in excess of the amount required for the
[those] expenses described by Subsection (a), donations for student
activities, and proceeds from children's fundraising projects
shall be deposited to the credit of a special account in the General
Revenue Fund called the student benefit fund and may be used only
to:
(1) provide education, recreation, and entertainment
to children committed to the department [commission]; or
(2) reimburse children committed to the department
[commission] for personal property lost or damaged as a result of
negligence by the staff of the department [commission].
(c) [(b)] Proceeds from shop projects at the facilities
under the department's [commission's] jurisdiction shall be
deposited to the credit of a special account in the General Revenue
Fund called the vocational shop fund and may be used only to:
(1) purchase and maintain parts, tools, and other
supplies necessary for the shop projects; and
(2) [to] compensate the students who participate in
the projects.
(d) [(c)] Registration fees from seminars and conferences
conducted by the department [commission] shall be deposited to the
credit of a special account in the General Revenue Fund called the
conference account and may be used only to pay the costs of
conducting seminars and conferences.
(e) [(d)] Money in the special accounts described by this
section is appropriated for the purposes indicated in this section
and shall be expended on warrants drawn by the comptroller on the
order of the department [commission].
Sec. 242.063 [61.0432]. STUDENT TRUST FUND; CONTRABAND
MONEY. (a) Except as provided by Subsection (b), money belonging
to a child committed to the department [commission] in excess of the
amount the department [commission] allows in a child's possession
shall be deposited in a trust fund established by the facility
operated by the department [commission] to which the child is
assigned. The department [commission] shall adopt rules governing
the administration of the trust fund.
(b) Money possessed by a child committed to the department
[commission] that is determined to be contraband money as defined
by department [commission] rule shall be deposited in the student
benefit fund described by Section 242.062(b) [61.0431]. The
department [commission] shall notify each child committed to the
department [commission] that the possession of contraband money is
subject to confiscation by the department [commission] under this
subsection.
Sec. 242.064 [61.0433]. DEBIT CARD SUSPENSE ACCOUNTS. (a)
The department [commission] may establish debit card suspense
accounts necessary to operate magnetic debit card systems at
facilities under the jurisdiction of the department [commission] to
enable the students, employees, and visitors to make purchases of:
(1) merchandise from vending machines or canteens
within the facilities;
(2) meals from cafeterias within the facilities; and
(3) services that the facilities are authorized to
provide.
(b) Cash received from cash-to-card machines and amounts
electronically transferred for card use from the students' trust
fund accounts shall be deposited to debit card suspense accounts in
local depositories and held pending card purchases.
(c) Transfers of cash based on card use for purchases of
merchandise or services shall be made from the debit card suspense
accounts to the appropriate vendors and to accounts in the state
treasury in accordance with laws governing receipt of state
revenues.
(d) Unused debit card balances shall be refunded to the card
holders from the debit card suspense accounts.
Sec. 242.065 [61.044. BIENNIAL BUDGET. The executive
commissioner shall prepare a biennial budget of all funds necessary
to be appropriated by the legislature to the commission to carry out
the purposes of this chapter. The budget shall be submitted and
filed by the executive commissioner in the form and manner and
within the time prescribed by law.
[Sec. 61.045. OPERATIONS OF PROGRAMS AND FACILITIES. (a)
The commission shall have general charge of and be responsible for
the welfare, custody, and rehabilitation of the children in a
school, facility, or program operated or funded by the commission.
The commission shall seek to establish relationships and to
organize a way of life that will meet the spiritual, moral,
physical, emotional, intellectual, and social needs of the children
under its care as those needs would be met in an adequate home.
[(b) The commission shall see that the buildings and
premises are kept in good sanitary order.
[Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The office
of inspector general is established at the commission for the
purpose of investigating:
[(1) crimes committed by commission employees,
including parole officers employed by or under a contract with the
commission; and
[(2) crimes and delinquent conduct committed at a
facility operated by the commission, a residential facility
operated by another entity under a contract with the commission, or
any facility in which a child committed to the custody of the
commission is housed or receives medical or mental health
treatment.
[(b) The office of inspector general shall prepare and
deliver a report concerning the results of any investigation
conducted under this section to:
[(1) the executive commissioner;
[(2) the advisory board;
[(3) the governor;
[(4) the lieutenant governor;
[(5) the speaker of the house of representatives;
[(6) the standing committees of the senate and house
of representatives with primary jurisdiction over matters
concerning correctional facilities;
[(7) the special prosecution unit;
[(8) the state auditor; and
[(9) any other appropriate state agency responsible
for licensing or certifying commission employees or facilities.
[(c) The report prepared under Subsection (b) must include a
summary of the actions performed by the office of inspector general
in conducting the investigation, a statement of whether the
investigation resulted in a finding that a criminal offense or
delinquent conduct occurred, and a description of the finding. The
report is public information under Chapter 552, Government Code,
only to the extent authorized under that chapter and other law.
[(d) The office of inspector general may employ and
commission inspectors general as peace officers for the purpose of
carrying out the duties described by this section. An inspector
general shall have all of the powers and duties given to peace
officers under Article 2.13, Code of Criminal Procedure.
[(e) Peace officers employed and commissioned under
Subsection (d) must:
[(1) be certified by the Commission on Law Enforcement
Officer Standards and Education under Chapter 1701, Occupations
Code; and
[(2) complete advanced courses relating to the duties
of peace officers employed and commissioned under Subsection (d) as
part of any continuing education requirements for the peace
officers.
[(f) The executive commissioner shall select a commissioned
peace officer as chief inspector general. The chief inspector
general is subject to the requirements of this section and may only
be discharged for cause.
[(g) The chief inspector general shall on a quarterly basis
prepare and deliver a report concerning the operations of the
office of inspector general to:
[(1) the executive commissioner;
[(2) the advisory board;
[(3) the governor;
[(4) the lieutenant governor;
[(5) the speaker of the house of representatives;
[(6) the standing committees of the senate and house
of representatives with primary jurisdiction over correctional
facilities;
[(7) the state auditor; and
[(8) the comptroller.
[(h) A report prepared under Subsection (g) is public
information under Chapter 552, Government Code, to the extent
authorized under that chapter and other law, and the commission
shall publish the report on the commission's Internet website. A
report must be both aggregated and disaggregated by individual
facility and include information relating to:
[(1) the types of investigations conducted by the
office of inspector general, such as whether an investigation
concerned narcotics or an alleged incident of sexual abuse;
[(2) the relationship of a victim to a perpetrator, if
applicable; and
[(3) the number of investigations conducted
concerning suicides, deaths, and hospitalizations of children in
the custody of the commission.
[(i) The office of inspector general shall immediately
report to the executive director, the board, the governor's general
counsel, and the state auditor:
[(1) any particularly serious or flagrant problem
concerning the administration of a commission program or operation;
or
[(2) any interference by the executive director, an
employee of the commission, a facility described by Subsection
(a)(2), or an officer or employee of a facility described by
Subsection (a)(2) with an investigation conducted by the office.
[Sec. 61.0452. TOLL-FREE NUMBER. (a) The commission shall
establish a permanent, toll-free number for the purpose of
receiving any information concerning the abuse, neglect, or
exploitation of children in the custody of the commission.
[(b) The office of inspector general shall ensure that:
[(1) the toll-free number is prominently displayed in
each commission facility; and
[(2) children in the custody of the commission and
commission employees have confidential access to telephones for the
purpose of calling the toll-free number.
[Sec. 61.046]. RELIGIOUS TRAINING. The department
[commission] shall provide for the religious and spiritual training
of children in its custody according to the children's individual
choices.
Sec. 242.066 [61.0461]. EMPLOYMENT OR DESIGNATION OF
CHAPLAIN AT CERTAIN DEPARTMENT [COMMISSION] FACILITIES. The
department [commission] shall ensure that a chaplain is employed or
formally designated for each department [commission] correctional
facility that is an institution.
Sec. 242.067 [61.047]. VIOLENCE PREVENTION AND CONFLICT
RESOLUTION EDUCATION. The department [commission] shall provide
education in violence prevention and conflict resolution that
includes discussion of domestic violence and child abuse issues to
all children in its custody.
Sec. 242.068 [61.048. BUILDINGS AND IMPROVEMENTS. (a) The
commission may design, construct, equip, furnish, and maintain
buildings and improvements at facilities under its jurisdiction.
The commission may employ architects or engineers, or both, to
prepare plans and specifications and to supervise the construction
and improvements. The commission shall promulgate rules relating
to the award of contracts for the construction of buildings and
improvements. The rules shall provide for the award of contracts
for the construction of buildings and improvements to the qualified
bidder making the lowest and best bid. A construction contract may
not be awarded for a sum in excess of the amount of funds available
for the project. The commission may reject any and all bids
submitted.
[(b) If a project is financed in whole or in part by federal
funds, any standards required by the enabling federal statute or
required by the rules of the administering federal agency control
over this section.
[(c) The commission may employ professional, technical, and
clerical personnel to carry out the design and construction
functions required by this section.
[Sec. 61.050]. FIRE PROTECTION ACTIVITIES. (a) The
department [commission] may perform fire protection, fire
prevention, and fire suppression activities at department
[commission] facilities.
(b) The department [commission] may prescribe circumstances
under which, for the benefit of the public safety and welfare,
department [commission] employees using department [commission]
equipment may assist municipal or volunteer fire departments in the
performance of fire protection, fire prevention, or fire
suppression activities near department [commission] facilities.
Sec. 242.069 [61.051]. CLIENT SERVICE CONTRACT STANDARDS.
In each contract for the purchase of residential program-related
client services, the department [commission] shall include:
(1) clearly defined contract goals, outputs, and
measurable outcomes that relate directly to program objectives;
(2) clearly defined sanctions or penalties for failure
to comply with or perform contract terms or conditions; and
(3) clearly specified accounting, reporting, and
auditing requirements applicable to money received under the
contract.
Sec. 242.070 [61.052]. CONTRACT MONITORING. The
department [commission] shall establish a formal program to monitor
residential program-related client services contracts made by the
department [commission]. The department [commission] must:
(1) monitor compliance with financial and performance
requirements using a risk assessment methodology; and
(2) obtain and evaluate program cost information to
ensure that each cost, including an administrative cost, is
reasonable and necessary to achieve program objectives.
Sec. 242.071 [61.053. MEDICAID BENEFITS. The commission
shall apply for benefits under the federal Medicaid program if
application is cost effective in reducing health care costs
incurred by the commission.
[Sec. 61.054]. SALE OR LICENSE OF TREATMENT PROGRAMS. (a)
The department [commission] may sell or license to an individual or
a private or public entity the right to use a treatment program
developed by the department [commission].
(b) Proceeds from the sale or license of a treatment program
shall be deposited to the credit of the fund that provided the money
to finance the development of the treatment program.
(c) At the end of each fiscal year, any unexpended proceeds
from the sale or license of a treatment program shall be carried
over to the next fiscal year to the credit of the fund that provided
the money to finance the development of the treatment program.
[Sections 242.072-242.100 reserved for expansion]
SUBCHAPTER C. ABUSE OR CRIMES COMMITTED AT DEPARTMENT
FACILITIES OR BY DEPARTMENT EMPLOYEES
Sec. 242.101 [61.055]. ZERO-TOLERANCE POLICY. (a) The
department [commission] shall adopt and enforce a zero-tolerance
policy concerning the detection, prevention, and punishment of the
sexual abuse, including consensual sexual contact, of children in
the custody of the department [commission].
(b) The department [commission] shall establish standards
for reporting and collecting data on the sexual abuse of children in
the custody of the department [commission].
(c) The department [commission] shall establish a procedure
for children in the custody of the department [commission] and
department [commission] employees to report incidents of sexual
abuse involving a child in the custody of the department
[commission]. The procedure must designate a person employed at
the department [commission] facility in which the abuse is alleged
to have occurred as well as a person who is employed at the
department's [commission's] headquarters to whom a person may
report an incident of sexual abuse.
(d) The department [commission] shall prominently display
the following notice in the office of the chief administrator of
each department [commission] facility, the employees' break room of
each department [commission] facility, the cafeteria of each
department [commission] facility, and at least six additional
locations in each department [commission] facility:
THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
A CHILD IN THE CUSTODY OF THE DEPARTMENT [COMMISSION]. ANY SUCH
VIOLATION MUST BE REPORTED TO __________.
Sec. 242.102. OFFICE OF INSPECTOR GENERAL. (a) The office
of inspector general is established at the department for the
purpose of investigating:
(1) crimes committed by department employees,
including parole officers employed by or under a contract with the
department; and
(2) crimes and delinquent conduct committed at a
facility operated by the department, a residential facility
operated by another entity under a contract with the department, or
any facility in which a child committed to the custody of the
department is housed or receives medical or mental health
treatment.
(b) The office of inspector general shall prepare and
deliver a report concerning the results of any investigation
conducted under this section to:
(1) the executive director;
(2) any applicable advisory board;
(3) the governor;
(4) the lieutenant governor;
(5) the speaker of the house of representatives;
(6) the standing committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities;
(7) the special prosecution unit;
(8) the state auditor; and
(9) any other appropriate state agency responsible for
licensing or certifying department employees or facilities.
(c) The report prepared under Subsection (b) must include a
summary of the actions performed by the office of inspector general
in conducting the investigation, a statement of whether the
investigation resulted in a finding that a criminal offense or
delinquent conduct occurred, and a description of the finding. The
report is public information under Chapter 552, Government Code,
only to the extent authorized under that chapter and other law.
(d) The office of inspector general may employ and
commission inspectors general as peace officers for the purpose of
carrying out the duties described by this section. An inspector
general shall have all of the powers and duties given to peace
officers under Article 2.13, Code of Criminal Procedure.
(e) Peace officers employed and commissioned under
Subsection (d) must:
(1) be certified by the Commission on Law Enforcement
Officer Standards and Education under Chapter 1701, Occupations
Code; and
(2) complete advanced courses relating to the duties
of peace officers employed and commissioned under Subsection (d) as
part of any continuing education requirements for the peace
officers.
(f) The executive director shall select a commissioned
peace officer as chief inspector general. The chief inspector
general is subject to the requirements of this section and may only
be discharged for cause.
(g) The chief inspector general shall on a quarterly basis
prepare and deliver a report concerning the operations of the
office of inspector general to:
(1) the executive director;
(2) any applicable advisory board;
(3) the governor;
(4) the lieutenant governor;
(5) the speaker of the house of representatives;
(6) the standing committees of the senate and house of
representatives with primary jurisdiction over correctional
facilities;
(7) the state auditor; and
(8) the comptroller.
(h) A report prepared under Subsection (g) is public
information under Chapter 552, Government Code, to the extent
authorized under that chapter and other law, and the department
shall publish the report on the department's Internet website. A
report must be both aggregated and disaggregated by individual
facility and include information relating to:
(1) the types of investigations conducted by the
office of inspector general, such as whether an investigation
concerned narcotics or an alleged incident of sexual abuse;
(2) the relationship of a victim to a perpetrator, if
applicable; and
(3) the number of investigations conducted concerning
suicides, deaths, and hospitalizations of children in the custody
of the department.
(i) The office of inspector general shall immediately
report to the executive director, the board, the governor's general
counsel, and the state auditor:
(1) any particularly serious or flagrant problem
concerning the administration of a department program or operation;
or
(2) any interference by the executive director, an
employee of the department, a facility described by Subsection
(a)(2), or an officer or employee of a facility described by
Subsection (a)(2) with an investigation conducted by the office.
Sec. 242.103. TOLL-FREE NUMBER. (a) The department shall
establish a permanent, toll-free number for the purpose of
receiving any information concerning the abuse, neglect, or
exploitation of children in the custody of the department.
(b) The office of inspector general shall ensure that:
(1) the toll-free number is prominently displayed in
each department facility; and
(2) children in the custody of the department and
department employees have confidential access to telephones for the
purpose of calling the toll-free number.
Sec. 242.104 [61.0455]. DETECTION AND MONITORING OF
CELLULAR TELEPHONES. (a) The department [commission] may own and
the office of the inspector general may possess, install, operate,
or monitor an electronic, mechanical, or other device, as defined
by Article 18.20, Code of Criminal Procedure.
(b) The inspector general shall designate in writing the
commissioned officers of the office of inspector general who are
authorized to possess, install, operate, and monitor electronic,
mechanical, or other devices for the department [commission].
(c) An investigative or law enforcement officer or other
person, on request of the office of inspector general, may assist
the office in the operation and monitoring of an interception of
wire, oral, or electronic communications if the investigative or
law enforcement officer or other person:
(1) is designated by the executive director
[commissioner] for that purpose; and
(2) acts in the presence and under the direction of a
commissioned officer of the inspector general.
CHAPTER 243 [SUBCHAPTER D]. ADMISSION AND COMMITMENT; ESCAPE
SUBCHAPTER A. ADMISSION AND COMMITMENT
Sec. 243.001 [61.061]. PLACEMENT IN DEPARTMENT
[COMMISSION] FACILITIES. (a) The department [commission] may not
assign a child younger than 15 years of age to the same correctional
facility dormitory as a person who is at least 17 years of age
unless the department [commission] determines that the placement is
necessary to ensure the safety of children in the custody of the
department [commission]. This subsection does not apply to a
dormitory that is used exclusively for short-term assessment and
orientation purposes.
(b) The department [commission] by rule shall adopt
scheduling, housing, and placement procedures for the purpose of
protecting vulnerable children in the custody of the department
[commission]. The procedures must address the age, physical
condition, and treatment needs of a child as well as any other
relevant factor.
(c) The department [commission] shall consider the
proximity of the residence of a child's family in determining the
appropriate department [commission] facility in which to place a
child.
Sec. 243.002 [61.062]. ESTABLISHMENT OF MINIMUM LENGTH OF
STAY. (a) The department [commission] shall establish a minimum
length of stay for each child committed to the department
[commission] without a determinate sentence.
(b) In establishing a minimum length of stay for a child,
the department [commission] shall consider:
(1) the nature of and seriousness of the conduct
engaged in by the child; and
(2) the danger the child poses to the community.
Sec. 243.003 [61.064]. CONVEYANCE OF CHILD TO DEPARTMENT
[COMMISSION]. (a) When a child is to be conveyed to a facility
designated by the department [commission], the juvenile court shall
assign an officer or other suitable person to accompany the child.
The person assigned to accompany a female must be a woman.
(b) The cost of conveying the child shall be paid by the
county from which the child is committed, except that[. However,]
no compensation shall be allowed other than [except] for the actual
and necessary expenses of the child and the person accompanying the
child.
Sec. 243.004 [61.065]. NOTIFICATION AND DUTY TO FURNISH
INFORMATION. (a) When a juvenile court commits a child to the
department [commission], the court shall forward to the department
[commission] a certified copy of the order of commitment.
(b) The court, the probation officer, the prosecuting and
police authorities, the school authorities, and other public
officials shall make available to the department [commission] all
pertinent information in their possession regarding the case.
(c) If requested by the department [commission], the
reports required by this section shall be made on forms furnished by
the department [commission] or according to an outline furnished by
the department [commission].
Sec. 243.005 [61.0651]. INFORMATION PROVIDED BY COMMITTING
COURT. In addition to the information provided under Section
243.004 [61.065], a court that commits a child to the department
[commission] shall provide the department [commission] with a copy
of the following documents:
(1) the petition and the adjudication and disposition
orders for the child, including the child's thumbprint;
(2) if the commitment is a result of revocation of
probation, a copy of the conditions of probation and the revocation
order;
(3) the social history report for the child;
(4) any psychological or psychiatric reports
concerning the child;
(5) the contact information sheet for the child's
parents or guardian;
(6) any law enforcement incident reports concerning
the offense for which the child is committed;
(7) any sex offender registration information
concerning the child;
(8) any juvenile probation department progress
reports concerning the child;
(9) any assessment documents concerning the child;
(10) the computerized referral and case history for
the child, including case disposition;
(11) the child's birth certificate;
(12) the child's social security number or social
security card, if available;
(13) the name, address, and telephone number of the
court administrator in the committing county;
(14) Title IV-E eligibility screening information for
the child, if available;
(15) the address in the committing county for
forwarding funds collected to which the committing county is
entitled;
(16) any of the child's school or immunization records
that the committing county possesses;
(17) any victim information concerning the case for
which the child is committed; and
(18) any of the child's pertinent medical records that
the committing court possesses.
Sec. 243.006 [61.066]. COMMITMENT RECORDS. A commitment to
the department [commission] may not be received in evidence or used
in any way in any proceedings in any court except in:
(1) subsequent proceedings under Title 3 of the Family
Code against the same child;
(2) imposing sentence in any criminal proceedings
against the same person; or
(3) subsequent civil commitment proceedings under
Chapter 841, Health and Safety Code, regarding the same person.
Sec. 243.007 [61.067]. INFORMATION PROVIDED TO COMMITTING
COURT. (a) If a court that commits a child to the department
[commission] requests, in the commitment order, that the department
[commission] keep the court informed of the progress the child is
making while committed to the department [commission], the
department [commission] shall provide the court with periodic
updates on the child's progress.
(b) A report provided under Subsection (a) may include any
information the department [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.
[Sections 243.008-243.050 reserved for expansion]
SUBCHAPTER B. ESCAPE AND VIOLATION OF RELEASE CONDITIONS
Sec. 243.051. APPREHENSION AFTER ESCAPE OR VIOLATION OF
RELEASE CONDITIONS. (a) If a child who has been committed to the
department and placed by the department in any institution or
facility has escaped or has been released under supervision and
broken the conditions of release:
(1) a sheriff, deputy sheriff, constable, or police
officer may, without a warrant, arrest the child; or
(2) a department employee designated by the executive
director may, without a warrant or other order, take the child into
the custody of the department.
(b) A child who is arrested or taken into custody under
Subsection (a) may be detained in any suitable place, including an
adult jail facility if the person is 17 years of age or older, until
the child is returned to the custody of the department or
transported to a department facility.
(c) Notwithstanding Section 58.005, Family Code, the
department may disseminate to the public the following information
relating to a child who has escaped from custody:
(1) the child's name, including other names by which
the child is known;
(2) the child's physical description, including sex,
weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
(3) a photograph of the child; and
(4) if necessary to protect the welfare of the
community, any other information that reveals dangerous
propensities of the child or expedites the apprehension of the
child.
Sec. 243.052. APPREHENSION SPECIALISTS. (a) The
department may employ and commission apprehension specialists as
peace officers for the purpose of apprehending a child under
Section 243.051.
(b) Peace officers employed and commissioned under
Subsection (a) must be certified by the Texas Commission on Law
Enforcement Officer Standards and Education under Chapter 1701,
Occupations Code.
CHAPTER 244 [SUBCHAPTER E]. CARE AND TREATMENT OF CHILDREN
SUBCHAPTER A. GENERAL CARE AND TREATMENT OF CHILDREN
Sec. 244.001 [61.071]. INITIAL EXAMINATION. (a) The
department [commission] shall examine and make a study of each
child committed to it as soon as possible after commitment. The
study shall be made according to rules established by the
department [commission] and shall include:
(1) long-term planning for the child; and
(2) consideration of the child's medical, substance
abuse, and treatment history, including the child's psychiatric
history and substance abuse history.
(b) For a child for whom a minimum length of stay is
established under Section 243.002 [61.062] of one year or longer,
the initial examination must include a comprehensive psychiatric
evaluation.
(c) The department [commission] shall administer
comprehensive psychological assessments to a child as part of the
child's initial examination, including assessments designed to
identify whether a child is in need of a psychiatric evaluation. If
the results of a child's psychological assessments indicate that
the child is in need of a psychiatric evaluation, the department
[commission] shall as soon as practicable conduct a psychiatric
evaluation of the child.
Sec. 244.002 [61.0711. HEALTH CARE DELIVERY SYSTEM. (a)
In providing medical care, behavioral health care, or
rehabilitation services, the commission shall integrate the
provision of those services in an integrated comprehensive delivery
system.
[(b) The delivery system may be used to deliver any medical,
behavioral health, or rehabilitation services provided to a child
in the custody of the commission, including:
[(1) health care;
[(2) dental care;
[(3) behavioral health care;
[(4) substance abuse treatment;
[(5) nutrition;
[(6) programming;
[(7) case management; and
[(8) general rehabilitation services, including
educational, spiritual, daily living, recreational, and security
services.
[Sec. 61.072]. REEXAMINATION. (a) The department
[commission] shall periodically reexamine each child under its
control, except those on release under supervision or in foster
homes, for the purpose of determining whether a rehabilitation plan
made by the department [commission] concerning the child should be
modified or continued.
(b) The reexamination [examination] must include a study of
all current circumstances of a child's personal and family
situation and an evaluation of the progress made by the child since
the child's last examination.
(c) The reexamination [examination] of a child may be made
as frequently as the department [commission] considers necessary,
but shall be made at intervals not exceeding six months.
Sec. 244.003 [61.073]. RECORDS OF EXAMINATIONS AND
TREATMENT. (a) The department [commission] shall keep written
records of all examinations and conclusions based on them and of all
orders concerning the disposition or treatment of each child
subject to its control.
(b) Except as provided by Section 243.051(c) [61.093(c)],
these records and all other information concerning a child,
including personally identifiable information, are not public and
are available only according to the provisions of Section 58.005,
Family Code, Section 244.051 [61.0731, Human Resources Code], and
Chapter 61, Code of Criminal Procedure.
Sec. 244.004 [61.0731. INFORMATION AVAILABLE TO CHILDREN,
PARENTS, AND OTHERS. (a) In the interest of achieving the purpose
of the commission and protecting the public, the commission may
disclose records and other information concerning a child to the
child and the child's parent or guardian only if disclosure would
not materially harm the treatment and rehabilitation of the child
and would not substantially decrease the likelihood of the
commission receiving information from the same or similar sources
in the future. Information concerning a person who is age 18 or
older may not be disclosed to the person's parent or guardian
without the person's consent.
[(b) The commission may disclose information regarding a
child's location and committing court to a person having a
legitimate need for the information.
[(c) The commission may disclose to a peace officer or law
enforcement agency images of children recorded by an electronic
recording device and incident reporting and investigation
documents containing the names of children if the information is
relevant to the investigation of a criminal offense alleged to have
occurred in a facility operated by or under contract with the
commission.
[(d) Notwithstanding Subsection (a), if the Department of
Family and Protective Services has been appointed managing
conservator for a child, the commission shall disclose records and
other information concerning the child to the department as
provided by department rules.
[Sec. 61.074]. FAILURE TO EXAMINE OR REEXAMINE. (a)
Failure of the department [commission] to examine or reexamine a
child as required by this subchapter [chapter] does not entitle the
child to be discharged from the control of the department
[commission], but the child may petition the committing court for
discharge.
(b) After due notice to the department [commission], the
committing court shall discharge the child from the control of the
department [commission] unless the department [commission]
satisfies the court that further control is necessary.
Sec. 244.005 [61.075]. DETERMINATION OF TREATMENT. When a
child has been committed to the department [commission], the
department [commission] may:
(1) permit the child liberty under supervision and on
conditions the department [it] believes conducive to acceptable
behavior;
(2) order the child's confinement under conditions the
department [it] believes best designed for the child's welfare and
the interests of the public;
(3) order reconfinement or renewed release as often as
conditions indicate to be desirable;
(4) revoke or modify any order of the department
[commission] affecting a child, except an order of final discharge,
as often as conditions indicate; or
(5) discharge the child from control when the
department [it] is satisfied that discharge will best serve the
child's welfare and the protection of the public.
Sec. 244.006 [61.0751. SUBPOENAS. (a) A hearings examiner
appointed by the commission may issue a subpoena requiring the
attendance of a witness or the production of any record, book,
paper, or document the hearings examiner considers necessary for a
determination of treatment under Section 61.075.
[(b) The hearings examiner may sign a subpoena and
administer an oath.
[(c) A peace officer, apprehension specialist, parole
officer, or other commission official may serve the subpoena in the
same manner as similar process in a court of record having original
jurisdiction of criminal actions is served.
[(d) A person who testifies falsely, fails to appear when
subpoenaed, or fails or refuses to produce material under the
subpoena is subject to the same orders and penalties to which a
person taking those actions before a court is subject.
[(e) On application of the commission, a court of record
having original jurisdiction of criminal actions may compel the
attendance of a witness, the production of material, or the giving
of testimony before the hearings examiner, by an attachment for
contempt or in the same manner as the court may otherwise compel the
production of evidence.
[Sec. 61.076]. TYPE OF TREATMENT PERMITTED. (a) As a
means of correcting the socially harmful tendencies of a child
committed to the department [it], the department [commission] may:
(1) require the child to participate in moral,
academic, vocational, physical, and correctional training and
activities;
(2) require the modes of life and conduct that seem
best adapted to fit the child for return to full liberty without
danger to the public;
(3) provide any medical or psychiatric treatment that
is necessary; and
(4) place physically fit children in
parks-maintenance camps, forestry camps, or ranches owned by the
state or the United States and require the performance of suitable
conservation and maintenance work.
(b) The dominant purpose of placing children in camps is to
benefit and rehabilitate the children rather than to make the camps
self-sustaining. Children placed in camps may not be exploited.
Sec. 244.007 [61.0761]. FAMILY PROGRAMS. The department
[commission] shall develop programs that encourage family
involvement in the rehabilitation of the child.
Sec. 244.0075 [61.07611]. RESTRAINT OF PREGNANT JUVENILE.
(a) The department [commission] may not use restraints to control
the movement of a pregnant child who is committed to the department
[commission] at any time during which the child is in labor or
delivery or recovering from delivery, unless the executive director
or executive director's designee determines that the use of
restraints is necessary to:
(1) ensure the safety and security of the child or her
infant, department [commission] or medical personnel, or any member
of the public; or
(2) prevent a substantial risk that the child will
attempt escape.
(b) If a determination to use restraints is made under
Subsection (a), the type of restraint used and the manner in which
the restraint is used must be the least restrictive available under
the circumstances to ensure safety and security or to prevent
escape.
Sec. 244.008 [61.0762]. INFANT CARE AND PARENTING PROGRAM.
(a) In this section, "child" means the child of a person who is
committed to the department [commission].
(b) The department [commission] may establish child care
and parenting programs for persons committed to the department
[commission] who are parents.
(c) The department [commission] may permit a mother to have
possession of her child in a residential program that has an infant
care and parenting program or to have possession of her child in a
department-funded [commission-funded] independent living
residence for up to six months if:
(1) the child's father or another relative or guardian
of the child agrees in advance of the child's placement with the
child's mother to assume possession of the child immediately upon
notice by the department [commission] to do so;
(2) the child's parents and any other person having a
duty of support acknowledge that by permitting the mother to have
possession of the child while the mother is confined in a
residential facility or placed in an independent living residence,
the department [commission] assumes no responsibility for the
child's care beyond the responsibility of care that is ordinarily
due the child's mother and the reasonable accommodations that are
necessary for the mother's care of her child;
(3) the child's parents and any other person having a
duty of support agree to indemnify and hold the department
[commission] harmless from any claims that may be made against the
department [commission] for the child's support, including medical
support; and
(4) the department [commission] determines that the
placement is in the best interest of both the mother and her child.
Sec. 244.009. HEALTH CARE DELIVERY SYSTEM. (a) In
providing medical care, behavioral health care, or rehabilitation
services, the department shall integrate the provision of those
services in an integrated comprehensive delivery system.
(b) The delivery system may be used to deliver any medical,
behavioral health, or rehabilitation services provided to a child
in the custody of the department, including:
(1) health care;
(2) dental care;
(3) behavioral health care;
(4) substance abuse treatment;
(5) nutrition;
(6) programming;
(7) case management; and
(8) general rehabilitation services, including
educational, spiritual, daily living, recreational, and security
services.
Sec. 244.010 [61.0763. RIGHTS OF PARENTS. (a) The
commission, in consultation with advocacy and support groups such
as those described in Section 61.0386(a), shall develop a parent's
bill of rights for distribution to the parent or guardian of a child
who is under 18 years of age and committed to the commission. The
parent's bill of rights must include:
[(1) a description of the commission's grievance
policies and procedures, including contact information for the
office of inspector general and the office of the independent
ombudsman established under Chapter 64;
[(2) a list of possible incidents that require
parental notification;
[(3) policies concerning visits and telephone
conversations with a child committed to the commission;
[(4) a description of commission caseworker
responsibilities;
[(5) a statement that the commission caseworker
assigned to a child may assist the child's parent or guardian in
obtaining information and services from the commission and other
resources concerning:
[(A) counseling, including substance abuse and
mental health counseling;
[(B) assistance programs, including financial
and travel assistance programs for visiting a child committed to
the commission;
[(C) workforce preparedness programs;
[(D) parenting programs; and
[(E) commission seminars; and
[(6) information concerning the indeterminate
sentencing structure at the commission, an explanation of reasons
that a child's commitment at the commission could be extended, and
an explanation of the review process under Sections 61.0815 and
61.0816 for a child committed to the commission without a
determinate sentence.
[(b) Not later than 48 hours after the time a child is
admitted to a commission facility, the commission shall mail to the
child's parent or guardian at the last known address of the parent
or guardian:
[(1) the parent's bill of rights; and
[(2) the contact information of the commission
caseworker assigned to the child.
[(c) The commission shall on a quarterly basis provide to
the parent, guardian, or designated advocate of a child who is in
the custody of the commission a report concerning the progress of
the child at the commission, including:
[(1) the academic and behavioral progress of the
child; and
[(2) the results of any reexamination of the child
conducted under Section 61.072.
[(d) The commission shall ensure that written information
provided to a parent or guardian regarding the rights of a child in
the custody of the commission or the rights of a child's parent or
guardian, including the parent's bill of rights, is clear and easy
to understand.
[(e) The commission shall ensure that if the Department of
Family and Protective Services has been appointed managing
conservator of a child, the department is given the same rights as
the child's parent under the parent's bill of rights developed under
this section.
[Sec. 61.0764]. DEPARTMENT [COMMISSION] CASEWORKERS. (a)
The department [commission] shall assign a caseworker to a child
committed to the department [commission]. A department
[commission] caseworker shall:
(1) explore family issues and needs with the parent or
guardian of a child committed to the department [commission];
(2) as needed, provide the parent or guardian of a
child committed to the department [commission] with information
concerning programs and services provided by the department
[commission] or another resource; and
(3) perform other duties required by the department
[commission].
(b) A department [commission] caseworker shall:
(1) at least once a month, attempt to contact the
child's parent or guardian by phone, in person while the parent or
guardian is visiting the facility, or, if necessary, by mail;
(2) if unsuccessful in contacting the child's parent
or guardian under Subdivision (1), attempt at least one additional
time each month to contact the child's parent or guardian; and
(3) document successful as well as unsuccessful
attempts to contact the child's parent or guardian.
(c) To the extent practicable, a caseworker or another
facility administrator shall attempt to communicate with a parent
or guardian who does not speak English in the language of choice of
the parent or guardian.
[Sec. 61.0765. REPORTING CONCERNING RESEARCH PROGRAMS OR
STUDIES. (a) The commission shall keep records relating to
children committed to it that participate in research programs or
studies.
[(b) The records must show, for each calendar quarter and
for each calendar year:
[(1) the number of children participating in research
programs or studies for the appropriate reporting period;
[(2) the type of research program or study in which
each child is participating;
[(3) the name of the principal investigator conducting
the research program or study; and
[(4) the entity sponsoring the research program or
study.
[(c) The commission shall submit a report that contains the
information in the records kept under Subsection (b) on or before
the 15th day after the last day of the appropriate reporting period
to the:
[(1) governor;
[(2) lieutenant governor;
[(3) speaker of the house of representatives; and
[(4) members of the legislature.
[(d) A report submitted under this section is public
information under Chapter 552, Government Code.]
Sec. 244.0105 [61.0766]. REPORT CONCERNING FOSTER CHILDREN
COMMITTED TO DEPARTMENT [COMMISSION]. (a) Not later than the 10th
day before the date of a permanency hearing under Subchapter D,
Chapter 263, Family Code, or a placement review hearing under
Subchapter F, Chapter 263, Family Code, regarding a child for whom
the Department of Family and Protective Services has been appointed
managing conservator, a department [commission] caseworker shall
submit a written report regarding the child's commitment to the
department [commission] to:
(1) the court;
(2) the Department of Family and Protective Services;
(3) any attorney ad litem or guardian ad litem
appointed for the child; and
(4) any volunteer advocate appointed for the child.
(b) The report required by Subsection (a) must include:
(1) the results of any assessments of the child during
the child's commitment to the department [commission], including
assessments of the child's emotional, mental, educational,
psychological, psychiatric, medical, or physical needs;
(2) information regarding the child's placement in
particular programs administered by the department [commission];
and
(3) a description of the child's progress in programs
administered by the department [commission].
Sec. 244.0106 [61.0767]. RULES REGARDING SERVICES FOR
FOSTER CHILDREN. (a) The department [commission] and the
executive commissioner of the Health and Human Services Commission
shall jointly adopt rules to ensure that a child for whom the
Department of Family and Protective Services has been appointed
managing conservator receives appropriate services while the child
is committed to the department [commission] or released under
supervision by the department [commission].
(b) The rules adopted under this section must require the
department [commission] and the Department of Family and Protective
Services to cooperate in providing appropriate services to a child
for whom the Department of Family and Protective Services has been
appointed managing conservator while the child is committed to the
department [commission] or released under supervision by the
department [commission], including:
(1) medical care, as defined by Section 266.001,
Family Code;
(2) mental health treatment and counseling;
(3) education, including special education;
(4) case management;
(5) drug and alcohol abuse assessment or treatment;
(6) sex offender treatment; and
(7) trauma informed care.
(c) The rules adopted under this section must require:
(1) the Department of Family and Protective Services
to:
(A) provide the department [commission] with
access to relevant health and education information regarding a
child; and
(B) require a child's caseworker to visit the
child in person at least once each month while the child is
committed to the department [commission];
(2) the department [commission] to:
(A) provide the Department of Family and
Protective Services with relevant health and education information
regarding a child;
(B) permit communication, including in person,
by telephone, and by mail, between a child committed to the
department [commission] and:
(i) the Department of Family and Protective
Services; and
(ii) the attorney ad litem, the guardian ad
litem, and the volunteer advocate for the child; and
(C) provide the Department of Family and
Protective Services and any attorney ad litem or guardian ad litem
for the child with timely notice of the following events relating to
the child:
(i) a meeting designed to develop or revise
the individual case plan for the child;
(ii) in accordance with any participation
protocols to which the Department of Family and Protective Services
and the department [commission] agree, a medical appointment at
which a person authorized to consent to medical care must
participate as required by Section 266.004(i), Family Code;
(iii) an education meeting, including
admission, review, or dismissal meetings for a child receiving
special education;
(iv) a grievance or disciplinary hearing
for the child;
(v) a report of abuse or neglect of the
child; and
(vi) a significant medical condition of the
child, as defined by Section 266.005, Family Code; and
(3) the Department of Family and Protective Services
and the department [commission] to participate in transition
planning for the child through release from detention, release
under supervision, and discharge.
Sec. 244.011 [61.077]. CHILDREN WITH MENTAL ILLNESS OR
MENTAL RETARDATION. (a) The department [commission] shall accept
a child committed to the department [commission] who is mentally
ill or mentally retarded.
(b) Unless a child is committed to the department
[commission] under a determinate sentence under Section
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department
[commission] shall discharge a child who is mentally ill or
mentally retarded from its custody if:
(1) the child has completed the minimum length of stay
for the child's committing offense; and
(2) the department [commission] determines that the
child is unable to progress in the department's [commission's]
rehabilitation programs because of the child's mental illness or
mental retardation.
(c) If a child who is discharged from the department
[commission] under Subsection (b) as a result of mental illness is
not receiving court-ordered mental health services, the child's
discharge is effective on the earlier of:
(1) the date the court enters an order regarding an
application for mental health services filed under Section
244.012(b) [61.0772(b)]; or
(2) the 30th day after the date the application is
filed.
(d) If a child who is discharged from the department
[commission] under Subsection (b) as a result of mental illness is
receiving court-ordered mental health services, the child's
discharge from the department [commission] is effective
immediately. If the child is receiving mental health services
outside the child's home county, the department [commission] shall
notify the mental health authority located in that county of the
discharge not later than the 30th day after the date that the
child's discharge is effective.
(e) If a child who is discharged from the department
[commission] under Subsection (b) as a result of mental retardation
is not receiving mental retardation services, the child's discharge
is effective on the earlier of:
(1) the date the court enters an order regarding an
application for mental retardation services filed under Section
244.012(b) [61.0772(c)]; or
(2) the 30th day after the date that the application is
filed.
(f) If a child who is discharged from the department
[commission] under Subsection (b) as a result of mental retardation
is receiving mental retardation services, the child's discharge
from the department [commission] is effective immediately.
(g) If a child who is mentally ill or mentally retarded is
discharged from the department [commission] under Subsection (b),
the child is eligible to receive continuity of care services from
the Texas Correctional Office on Offenders with Medical or Mental
Impairments under Chapter 614, Health and Safety Code.
Sec. 244.012 [61.0772]. EXAMINATION BEFORE DISCHARGE. (a)
The department [commission] shall establish a system that
identifies children in the department's [commission's] custody who
are mentally ill or mentally retarded.
(b) Before a child who is identified as mentally ill is
discharged from the department's [commission's] custody under
Section 244.011(b) [61.077(b)], a department [commission]
psychiatrist shall examine the child. The department [commission]
shall refer a child requiring outpatient psychiatric treatment to
the appropriate mental health authority. For a child requiring
inpatient psychiatric treatment, the department [commission] shall
file a sworn application for court-ordered mental health services,
as provided in Subchapter C, Chapter 574, Health and Safety Code,
if:
(1) the child is not receiving court-ordered mental
health services; and
(2) the psychiatrist who examined the child determines
that the child is mentally ill and the child meets at least one of
the criteria listed in Section 574.034, Health and Safety Code.
(c) Before a child who is identified as mentally retarded
under Chapter 593, Health and Safety Code, is discharged from the
department's [commission's] custody under Section 244.011(b)
[61.077(b)], the department [commission] shall refer the child for
mental retardation services if the child is not receiving mental
retardation services.
Sec. 244.0125 [61.0773]. TRANSFER OF CERTAIN CHILDREN
SERVING DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) The
department [commission] may petition the juvenile court that
entered the order of commitment for a child for the initiation of
mental health commitment proceedings if the child is committed to
the department [commission] under a determinate sentence under
Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code.
(b) A petition made by the department [commission] shall be
treated as a motion under Section 55.11, Family Code, and the
juvenile court shall proceed in accordance with Subchapter B,
Chapter 55, Family Code.
(c) The department [commission] shall cooperate with the
juvenile court in any proceeding under this section.
(d) The juvenile court shall credit to the term of the
child's commitment to the department [commission] any time the
child is committed to an inpatient mental health facility.
(e) A child committed to an inpatient mental health facility
as a result of a petition filed under this section may not be
released from the facility on a pass or furlough.
(f) If the term of an order committing a child to an
inpatient mental health facility is scheduled to expire before the
end of the child's sentence and another order committing the child
to an inpatient mental health facility is not scheduled to be
entered, the inpatient mental health facility shall notify the
juvenile court that entered the order of commitment committing the
child to the department [commission]. The juvenile court may
transfer the child to the custody of the department [commission],
transfer the child to the Texas Department of Criminal Justice, or
release the child under supervision, as appropriate.
Sec. 244.013 [61.078]. NOTICE OF PENDING DISCHARGE. As
soon as practicable after the department [commission] makes a
decision to discharge a child or authorize the child's absence from
the department's [its] custody, the department [commission] shall
give notice of the department's [its] decision to the juvenile
court and the office of the prosecuting attorney of the county in
which the adjudication that the child engaged in delinquent conduct
was made.
Sec. 244.014 [61.079]. REFERRAL OF VIOLENT AND HABITUAL
OFFENDERS FOR TRANSFER. (a) After a child sentenced to commitment
under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
becomes 16 years of age but before the child becomes 19 years of
age, the department [commission] 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:
(1) the child has not completed the sentence; and
(2) the child's conduct, regardless of whether the
child was released under supervision under Section 245.051
[61.081], indicates that the welfare of the community requires the
transfer.
(b) The department [commission] shall cooperate with the
court on any proceeding on the transfer of the child.
(c) If a child is released under supervision, a juvenile
court adjudication that the child engaged in delinquent conduct
constituting a felony offense, a criminal court conviction of the
child for a felony offense, or a determination under Section
244.005(4) [61.075(4)] revoking the child's release under
supervision is required before referral of the child to the
juvenile court under Subsection (a).
Sec. 244.015 [61.0791]. EVALUATION OF CERTAIN CHILDREN
SERVING DETERMINATE SENTENCES. (a) When a child who is sentenced
to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
Family Code, becomes 18 years of age, the department [commission]
shall evaluate whether the child is in need of additional services
that can be completed in the six-month period after the child's 18th
birthday to prepare the child for release from the custody of the
department [commission] or transfer to the Texas Department of
Criminal Justice.
(b) This section does not apply to a child who is released
from the custody of the department [commission] or who is
transferred to the Texas Department of Criminal Justice before the
child's 18th birthday.
[Sections 244.016-244.050 reserved for expansion]
SUBCHAPTER B. PROVISION OF CERTAIN INFORMATION; RIGHTS OF PARENTS
Sec. 244.051. INFORMATION AVAILABLE TO CHILDREN, PARENTS,
AND OTHERS. (a) In the interest of achieving the purpose of the
department and protecting the public, the department may disclose
records and other information concerning a child to the child and
the child's parent or guardian only if disclosure would not
materially harm the treatment and rehabilitation of the child and
would not substantially decrease the likelihood of the department
receiving information from the same or similar sources in the
future. Information concerning a person who is age 18 or older may
not be disclosed to the person's parent or guardian without the
person's consent.
(b) The department may disclose information regarding a
child's location and committing court to a person having a
legitimate need for the information.
(c) The department may disclose to a peace officer or law
enforcement agency images of children recorded by an electronic
recording device and incident reporting and investigation
documents containing the names of children if the information is
relevant to the investigation of a criminal offense alleged to have
occurred in a facility operated by or under contract with the
department.
(d) Notwithstanding Subsection (a), if the Department of
Family and Protective Services has been appointed managing
conservator for a child, the department shall disclose records and
other information concerning the child to the department as
provided by department rules.
Sec. 244.052. RIGHTS OF PARENTS. (a) The department, in
consultation with advocacy and support groups such as those
described in Section 242.056(a), shall develop a parent's bill of
rights for distribution to the parent or guardian of a child who is
under 18 years of age and committed to the department. The parent's
bill of rights must include:
(1) a description of the department's grievance
policies and procedures, including contact information for the
office of inspector general and the office of the independent
ombudsman established under Chapter 261;
(2) a list of possible incidents that require parental
notification;
(3) policies concerning visits and telephone
conversations with a child committed to the department;
(4) a description of department caseworker
responsibilities;
(5) a statement that the department caseworker
assigned to a child may assist the child's parent or guardian in
obtaining information and services from the department and other
resources concerning:
(A) counseling, including substance abuse and
mental health counseling;
(B) assistance programs, including financial and
travel assistance programs for visiting a child committed to the
department;
(C) workforce preparedness programs;
(D) parenting programs; and
(E) department seminars; and
(6) information concerning the indeterminate
sentencing structure at the department, an explanation of reasons
that a child's commitment at the department could be extended, and
an explanation of the review process under Sections 245.101 and
245.104 for a child committed to the department without a
determinate sentence.
(b) Not later than 48 hours after the time a child is
admitted to a department facility, the department shall mail to the
child's parent or guardian at the last known address of the parent
or guardian:
(1) the parent's bill of rights; and
(2) the contact information of the department
caseworker assigned to the child.
(c) The department shall on a quarterly basis provide to the
parent, guardian, or designated advocate of a child who is in the
custody of the department a report concerning the progress of the
child at the department, including:
(1) the academic and behavioral progress of the child;
and
(2) the results of any reexamination of the child
conducted under Section 244.002.
(d) The department shall ensure that written information
provided to a parent or guardian regarding the rights of a child in
the custody of the department or the rights of a child's parent or
guardian, including the parent's bill of rights, is clear and easy
to understand.
(e) The department shall ensure that if the Department of
Family and Protective Services has been appointed managing
conservator of a child, the department is given the same rights as
the child's parent under the parent's bill of rights developed under
this section.
CHAPTER 245 [SUBCHAPTER F]. RELEASE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 245.001. PAROLE OFFICERS; PAROLE MANAGEMENT. (a) The
department may employ parole officers to investigate, place,
supervise, and direct the activities of a parolee to ensure the
parolee's adjustment to society in accordance with the rules
adopted by the department.
(b) Parole officers may work with local organizations,
clubs, and agencies to formulate plans and procedures for the
prevention of juvenile delinquency.
(c) The department shall develop a management system for
parole services that objectively measures and provides for:
(1) the systematic examination of children's needs and
the development of treatment plans to address those needs;
(2) the evaluation of homes, foster homes, and public
and private institutions as constructive parole placements;
(3) the classification of children based on the level
of children's needs and the degree of risk presented to the public;
(4) the objective measurement of parole officer
workloads; and
(5) the gathering and analysis of information related
to the effectiveness of parole services and to future parole
requirements.
Sec. 245.002. REENTRY AND REINTEGRATION PLAN. (a) The
department shall develop a reentry and reintegration plan for each
child committed to the custody of the department. The plan for a
child must be designed to ensure that the child receives an
extensive continuity of care in services from the time the child is
committed to the department to the time of the child's final
discharge from the department. The plan for a child must include,
as applicable:
(1) housing assistance;
(2) a step-down program, such as placement in a
halfway house;
(3) family counseling;
(4) academic and vocational mentoring;
(5) trauma counseling for a child who is a victim of
abuse while in the custody of the department; and
(6) other specialized treatment services appropriate
for the child.
(b) If a program or service in the child's reentry and
reintegration plan is not available at the time the child is to be
released, the department shall find a suitable alternative program
or service so that the child's release is not postponed.
Sec. 245.003. CONTRACTS WITH COUNTIES. (a) The department
may make a contract with a county to use the services of the
county's juvenile probation department for the supervision of
children within the county who are on furlough from a department
facility or who are released under supervision from a department
facility.
(b) Payments under a contract described by Subsection (a)
shall be made to the county treasurer on a quarterly schedule.
(c) The department may not pay a county for supervision of a
child for any time after the child:
(1) is discharged from the department's custody;
(2) is returned to a department facility; or
(3) transfers the child's residence to another county
or state.
(d) A county that has a contract with the department must
report to the department on the status and progress of each child
for whom the county is receiving payments. The reports shall be
made at the time and in the manner specified by the contract.
[Sections 245.004-245.050 reserved for expansion]
SUBCHAPTER B. AUTHORITY TO RELEASE; RESUMPTION OF CARE
Sec. 245.051 [61.081]. RELEASE UNDER SUPERVISION. (a) The
department [commission] may release under supervision any child in
the department's [its] custody and place the child in the child's
[his or her] home or in any situation or family approved by the
department [commission]. Prior to placing a child in the child's
[his or her] home, the department [commission] shall evaluate the
home setting to determine the level of supervision and quality of
care that is available in the home.
(b) [Subject to legislative appropriation, the commission
may employ parole officers to investigate, place, supervise, and
direct the activities of a parolee to ensure the parolee's
adjustment to society in accordance with the rules adopted by the
commission.
[(c) Parole officers may work with local organizations,
clubs, and agencies to formulate plans and procedures for the
prevention of juvenile delinquency.
[(d) The commission may resume the care and custody of any
child released under supervision at any time before the final
discharge of the child.
[(e)] Not later than 10 days before the day the department
[commission] releases a child under this section, the department
[commission] shall give notice of the release to the juvenile court
and the office of the prosecuting attorney of the county in which
the adjudication that the child engaged in delinquent conduct was
made.
(c) [(f)] If a child is committed to the department
[commission] under a determinate sentence under Section
54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
the department [commission] may not release the child under
supervision without approval of the juvenile court that entered the
order of commitment unless the child has served at least:
(1) 10 years, if the child was sentenced to commitment
for conduct constituting capital murder;
(2) 3 years, if the child was sentenced to commitment
for conduct constituting an aggravated controlled substance felony
or a felony of the first degree;
(3) 2 years, if the child was sentenced to commitment
for conduct constituting a felony of the second degree; or
(4) 1 year, if the child was sentenced to commitment
for conduct constituting a felony of the third degree.
(d) [(g)] The department [commission] may request the
approval of the court under this section at any time.
(e) The department may resume the care and custody of any
child released under supervision at any time before the final
discharge of the child.
(f) [(h)] If the department [commission] finds that a child
has violated an order under which the child is released under
supervision, on notice by any reasonable method to all persons
affected, the department [commission] may order the child:
(1) to return to an institution;
(2) if the violation resulted in property damage or
personal injury:
(A) to make full or partial restitution to the
victim of the offense; or
(B) if the child is financially unable to make
full or partial restitution, to perform services for a charitable
or educational institution; or
(3) to comply with any other conditions the department
[commission] considers appropriate.
(g) [(i)] Notwithstanding Subsection (c) [(f)], if a child
is committed to the department [commission] under a determinate
sentence under Section 54.04(d)(3), Section 54.04(m), or Section
54.05(f), Family Code, the department [commission] may release the
child 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 under Section 245.151(b) [61.084(b)].
Sec. 245.052 [61.0811. PAROLE MANAGEMENT. The commission
shall develop a management system for parole services that
objectively measures and provides for:
[(1) the systematic examination of children's needs
and the development of treatment plans to address those needs;
[(2) the evaluation of homes, foster homes, and public
and private institutions as constructive parole placements;
[(3) the classification of children based on the level
of children's needs and the degree of risk presented to the public;
[(4) the objective measurement of parole officer
workloads; and
[(5) the gathering and analysis of information related
to the effectiveness of parole services and to future parole
requirements.
[Sec. 61.0812]. SUBSTANCE ABUSE TREATMENT [FOR SUBSTANCE
ABUSE]. Subject to an express appropriation to fund the treatment
programs required by this section, the department [commission] may
not release a child under supervision or parole a child if:
(1) the child has a substance abuse problem, including
the use of a controlled substance, hazardous inhalable substances,
or alcohol habitually; and
(2) the child has not completed a treatment program
for the problem.
Sec. 245.053 [61.0813]. SEX OFFENDER COUNSELING AND
TREATMENT. (a) Before releasing a child described by Subsection
(b) under supervision, the department [commission]:
(1) may require as a condition of release that the
child:
(A) attend psychological counseling sessions for
sex offenders as provided by Subsection (e); and
(B) submit to a polygraph examination as provided
by Subsection (f) for purposes of evaluating the child's treatment
progress; and
(2) shall require as a condition of release that the
child:
(A) register under Chapter 62, Code of Criminal
Procedure; and
(B) submit a blood sample or other specimen to
the Department of Public Safety under Subchapter G, Chapter 411,
Government Code, for the purpose of creating a DNA record of the
child, unless the child has already submitted the required specimen
under other state law.
(b) This section applies to a child adjudicated for engaging
in delinquent conduct constituting an offense for which the child
is required to register as a sex offender under Chapter 62, Code of
Criminal Procedure.
(c) Psychological counseling required as a condition of
release under Subsection (a) must be with an individual or
organization that:
(1) provides sex offender treatment or counseling;
(2) is specified by the department [commission]; and
(3) meets minimum standards of counseling established
by the department [commission].
(d) A polygraph examination required as a condition of
release under Subsection (a) must be administered by an individual
who is:
(1) specified by the department [commission]; and
(2) licensed as a polygraph examiner under Chapter
1703, Occupations Code.
(e) In addition to specifying a sex offender treatment
provider to provide counseling to a child described by Subsection
(b), the department [commission] shall:
(1) establish with the cooperation of the treatment
provider the date, time, and place of the first counseling session
between the child and the treatment provider;
(2) notify the child and the treatment provider before
the release of the child of the date, time, and place of the first
counseling session between the child and the treatment provider;
and
(3) require the treatment provider to notify the
department [commission] immediately if the child fails to attend
any scheduled counseling session.
(f) If the department [commission] specifies a polygraph
examiner under Subsection (d) to administer a polygraph examination
to a child, the department [commission] shall arrange for a
polygraph examination to be administered to the child:
(1) not later than the 60th day after the date the
child attends the first counseling session established under
Subsection (e); and
(2) after the initial polygraph examination, as
required by Subdivision (1), on the request of the treatment
provider specified under Subsection (c).
(g) If the department [commission] requires as a condition
of release that a child attend psychological counseling under
Subsection (a), the department [commission] shall notify the court
that committed the child to the department [commission]. After
receiving notification from the department [commission] under this
subsection, the court may order the parent or guardian of the child
to:
(1) attend four sessions of instruction with an
individual or organization specified by the department
[commission] relating to:
(A) sexual offenses;
(B) family communication skills;
(C) sex offender treatment;
(D) victims' rights;
(E) parental supervision; and
(F) appropriate sexual behavior; and
(2) during the time the child attends psychological
counseling, participate in monthly treatment groups conducted by
the child's treatment provider relating to the child's
psychological counseling.
(h) A court that orders a parent or guardian of a child to
attend instructional sessions and participate in treatment groups
under Subsection (g) shall require:
(1) the individual or organization specified by the
department [commission] under Subsection (g) to notify the court
immediately if the parent or guardian fails to attend any scheduled
instructional session; and
(2) the child's treatment provider specified under
Subsection (c) to notify the court immediately if the parent or
guardian fails to attend a session in which the parent or guardian
is required to participate in a scheduled treatment group.
(i) If the department [commission] requires as a condition
of release that a child attend psychological counseling under
Subsection (a), the department [commission] may, before the date
the period of release ends, petition the appropriate court to
request the court to extend the period of release for an additional
period necessary to complete the required counseling as determined
by the treatment provider, except that the release period may not be
extended to a date after the date of the child's 18th birthday.
Sec. 245.0535 [61.08131]. COMPREHENSIVE REENTRY AND
REINTEGRATION PLAN FOR CHILDREN; STUDY AND REPORT. (a) The
department [commission] shall develop a comprehensive plan to
reduce recidivism and ensure the successful reentry and
reintegration of children into the community following a child's
release under supervision or final discharge, as applicable, from
the department [commission].
(b) The comprehensive reentry and reintegration plan
developed under this section must provide for:
(1) an assessment of each child committed to the
department [commission] to determine which skills the child needs
to develop to be successful in the community following release
under supervision or final discharge;
(2) programs that address the assessed needs of each
child;
(3) a comprehensive network of transition programs to
address the needs of children released under supervision or finally
discharged from the department [commission];
(4) the identification of providers of existing local
programs and transitional services with whom the department
[commission] may contract under this section to implement the
reentry and reintegration plan; and
(5) subject to Subsection (c), the sharing of
information between local coordinators, persons with whom the
department [commission] contracts under this section, and other
providers of services as necessary to adequately assess and address
the needs of each child.
(c) A child's personal health information may be disclosed
under Subsection (b)(5) only in the manner authorized by Section
244.051 [61.0731] or other state or federal law, provided that the
disclosure does not violate the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191).
(d) The programs provided under Subsections (b)(2) and (3)
must:
(1) be implemented by highly skilled staff who are
experienced in working with reentry and reintegration programs for
children;
(2) provide children with:
(A) individualized case management and a full
continuum of care;
(B) life-skills training, including information
about budgeting, money management, nutrition, and exercise;
(C) education and, if a child has a learning
disability, special education;
(D) employment training;
(E) appropriate treatment programs, including
substance abuse and mental health treatment programs; and
(F) parenting and relationship-building classes;
and
(3) be designed to build for children post-release and
post-discharge support from the community into which the child is
released under supervision or finally discharged, including
support from agencies and organizations within that community.
(e) The department [commission] may contract and coordinate
with private vendors, units of local government, or other entities
to implement the comprehensive reentry and reintegration plan
developed under this section, including contracting to:
(1) coordinate the supervision and services provided
to children during the time children are in the custody of the
department [commission] with any supervision or services provided
children who have been released under supervision or finally
discharged from the department [commission];
(2) provide children awaiting release under
supervision or final discharge with documents that are necessary
after release or discharge, including identification papers,
medical prescriptions, job training certificates, and referrals to
services; and
(3) provide housing and structured programs,
including programs for recovering substance abusers, through which
children are provided services immediately following release under
supervision or final discharge.
(f) To ensure accountability, any contract entered into
under this section must contain specific performance measures that
the department [commission] shall use to evaluate compliance with
the terms of the contract.
(g) The department [commission] shall ensure that each
reentry and reintegration plan developed for a child under Section
245.002 [61.0814] is coordinated with the comprehensive reentry and
reintegration plan developed under this section.
(h) The department [commission] shall conduct and
coordinate research to determine whether the comprehensive reentry
and reintegration plan developed under this section reduces
recidivism rates.
(i) Not later than December 1 of each even-numbered year,
the department [commission] shall deliver a report of the results
of research conducted or coordinated under Subsection (h) to the
lieutenant governor, the speaker of the house of representatives,
and the standing committees of each house of the legislature with
primary jurisdiction over juvenile justice and corrections.
Sec. 245.054 [61.08141]. INFORMATION PROVIDED TO COURT
BEFORE RELEASE. (a) In addition to providing the court with notice
of release of a child under Section 245.051(b) [61.081(e)], as soon
as possible but not later than the 30th day before the date the
department [commission] releases the child, the department
[commission] shall provide the court that committed the child to
the department [commission]:
(1) a copy of the child's reentry and reintegration
plan developed under Section 245.002 [61.0814]; and
(2) a report concerning the progress the child has
made while committed to the department [commission].
(b) If, on release, the department [commission] places a
child in a county other than the county served by the court that
committed the child to the department [commission], the department
[commission] shall provide the information described by Subsection
(a) to both the committing court and the juvenile court in the
county where the child is placed after release.
(c) If, on release, a child's residence is located in
another state, the department [commission] shall provide the
information described by Subsection (a) to both the committing
court and a juvenile court of the other state that has jurisdiction
over the area in which the child's residence is located.
[Sections 245.055-245.100 reserved for expansion]
SUBCHAPTER C. MINIMUM LENGTH OF STAY; EXTENSION ORDERS
Sec. 245.101 [61.0814. REENTRY AND REINTEGRATION PLAN. (a)
The commission shall develop a reentry and reintegration plan for
each child committed to the custody of the commission. The plan for
a child must be designed to ensure that the child receives an
extensive continuity of care in services from the time the child is
committed to the commission to the time of the child's final
discharge from the commission. The plan for a child must include,
as applicable:
[(1) housing assistance;
[(2) a step-down program, such as placement in a
halfway house;
[(3) family counseling;
[(4) academic and vocational mentoring;
[(5) trauma counseling for a child who is a victim of
abuse while in the custody of the commission; and
[(6) other specialized treatment services appropriate
for the child.
[(b) If a program or service in the child's reentry and
reintegration plan is not available at the time the child is to be
released, the commission shall find a suitable alternative program
or service so that the child's release is not postponed.
[Sec. 61.0815]. COMPLETION OF MINIMUM LENGTH OF STAY;
PANEL. (a) After a child who is committed to the department
[commission] without a determinate sentence completes the minimum
length of stay established by the department [commission] for the
child under Section 243.002 [61.062], the department [commission]
shall, in the manner provided by this section and Section 245.102:
(1) discharge the child from the custody of the
department [commission];
(2) release the child under supervision under Section
245.051 [61.081]; or
(3) extend the length of the child's stay in the
custody of the department [commission].
(b) The department [commission] by rule shall establish a
panel whose function is to review and determine whether a child who
has completed the child's minimum length of stay should be
discharged from the custody of the department [commission] as
provided by Subsection (a)(1), be released under supervision under
Section 245.051 [61.081] as provided by Subsection (a)(2), or
remain in the custody of the department [commission] for an
additional period of time as provided by Subsection (a)(3).
(c) The executive director [commissioner] shall determine
the size of the panel described by Subsection (b) and the length of
the members' terms of service on the panel. The panel must consist
of an odd number of members and the terms of the panel's members
must last for at least two years. The executive director
[commissioner] shall adopt policies that ensure the transparency,
consistency, and objectivity of the panel's composition,
procedures, and decisions. The executive director [commissioner]
shall appoint persons to serve as members of the panel. A person
appointed to the panel must be a department [commission] employee
who works at the department's [commission's] central office. A
member of the panel may not be involved in any supervisory decisions
concerning children in the custody of the department [commission].
Sec. 245.102. EXTENSION ORDER. (a) A [(d) The] panel may
extend the length of the child's stay as provided by Section
245.101(a)(3) [Subsection (a)(3)] only if the panel determines by
majority vote and on the basis of clear and convincing evidence
that:
(1) the child is in need of additional rehabilitation
from the department; [commission] and
(2) [that] the department [commission] will provide
the most suitable environment for that rehabilitation.
(b) In extending the length of a child's stay, the panel
must specify the additional period of time that the child is to
remain in the custody of the department [commission] and must
conduct an additional review and determination as provided by
Section 245.101 [this section] on the child's completion of the
additional term of stay.
(c) If the panel determines that the child's length of stay
should not be extended, the department [commission] must discharge
the child from the custody of the department [commission] as
provided by Section 245.101(a)(1) [Subsection (a)(1)] or release
the child under supervision under Section 245.051 [Section 61.081]
as provided by Section 245.101(a)(2) [Subsection (a)(2)].
Sec. 245.103. STATISTICS AND REPORTS CONCERNING EXTENSION
ORDERS. (a) [(e)] The department [commission] shall maintain
statistics of the number of extensions granted by a [the] panel
under Section 245.102. The statistics must include aggregated
information concerning:
(1) the race, age, sex, specialized treatment needs,
and county of origin for each child for whom an extension order is
requested;
(2) the facility in which the child is confined; and
(3) if applicable, any allegations concerning the
abuse, mistreatment, or neglect of the child, aggregated by the
type of misconduct to which the child was subjected.
(b) [(f)] To the extent authorized under law, the
statistics maintained under Subsection (a) [(e)] are public
information under Chapter 552, Government Code, and the department
[commission] shall post the statistics on the department's
[commission's] Internet website.
(c) The department [commission] shall prepare and deliver
to the standing committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities a report concerning the statistics
maintained under Subsection (a) [(e)].
(d) [(g)] The department [commission] shall provide a
report to the parent, guardian, or designated advocate of a child
whose length of stay is extended under Section 245.102 [this
section] explaining the panel's reason for the extension.
Sec. 245.104 [61.0816]. REQUEST FOR RECONSIDERATION OF
EXTENSION ORDER. (a) The department [commission] by rule shall
establish a process to request the reconsideration of an extension
order issued by a [the] panel [established] under Section 245.102
[61.0815].
(b) The process to request reconsideration must provide
that:
(1) a child, a parent, guardian, or designated
advocate of a child, an employee of the department [commission], or
a person who provides volunteer services at a department
[commission] facility may submit a request for reconsideration of
an extension order;
(2) the person submitting the request for
reconsideration of an extension order must state in the request the
reason for the request;
(3) after receiving a request for reconsideration of
an extension order, the panel shall reconsider an extension order
that:
(A) extends the child's stay in the custody of
the department [commission] by six months or more; or
(B) combined with previous extension orders will
result in an extension of the child's stay in the custody of the
department [commission] by six months or more;
(4) the panel's reconsideration of an extension order
includes consideration of the information submitted in the request;
and
(5) the panel shall send a written reply to the child,
the parent, guardian, or designated advocate of the child, and the
person who made the request for reconsideration of an extension
order that includes an explanation of the panel's decision after
reconsidering the extension order, including an indication that the
panel has considered the information submitted in the request.
(c) The department [commission] shall create a form for a
request for reconsideration of an extension order that is clear and
easy to understand. The department [commission] shall ensure that
a child may request assistance in completing a request for
reconsideration of an extension order.
Sec. 245.105. STATISTICS AND REPORTS CONCERNING
RECONSIDERATIONS OF EXTENSION ORDERS. (a) [(d)] The department
[commission] shall maintain statistics of the number of requests
for reconsideration of an extension order that are submitted under
Section 245.104 and the action taken on reconsideration of the
extension order. The statistics must include aggregated
information concerning:
(1) the race, age, sex, specialized treatment needs,
and county of origin for each child for whom a request for
reconsideration of an extension order is submitted;
(2) whether a request for reconsideration of an
extension order results in:
(A) a discharge or release under supervision; or
(B) the original extension order being upheld;
(3) the facility in which the child is confined; and
(4) if applicable, any allegations concerning the
abuse, mistreatment, or neglect of the child, aggregated by the
type of misconduct to which the child was subjected.
(b) [(e)] To the extent authorized under law, the
statistics maintained under Subsection (a) [(d)] are public
information under Chapter 552, Government Code, and the department
[commission] shall post the statistics on the department's
[commission's] Internet website.
(c) The department [commission] shall prepare and deliver
to the standing committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities a report concerning the statistics
maintained under Subsection (a) [(d)].
Sec. 245.106 [61.082]. TRANSPORTATION, CLOTHING, MONEY.
The department [commission] shall ensure that each child it
releases under supervision has:
(1) suitable clothing;
(2) [,] transportation to his or her home or to the
county in which a suitable home or employment has been found; [,]
and
(3) money in an amount authorized by the rules of the
department [commission].
[Sections 245.107-245.150 reserved for expansion]
SUBCHAPTER D. TERMINATION OF CONTROL
Sec. 245.151 [61.083. CONTRACTS WITH COUNTIES. (a) The
commission may make a contract with a county to use the services of
the county's juvenile probation department for the supervision of
children within the county who are on furlough from a commission
facility or who are released under supervision from a commission
facility.
[(b) The payments shall be made to the county treasurer on a
quarterly schedule.
[(c) The commission may not pay a county for supervision of
a child for any time after the child:
[(1) is discharged from the commission's custody;
[(2) is returned to a commission facility; or
[(3) transfers his or her residence to another county
or state.
[(d) A county that has a contract with the commission must
report to the commission on the status and progress of each child
for whom the county is receiving payments. The reports shall be
made at the time and in the manner specified by the contract.
[Sec. 61.084]. TERMINATION OF CONTROL. (a) Except as
provided by Subsections (b) and (c), if a person is committed to the
department [commission] under a determinate sentence under Section
54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
the department [commission] may not discharge the person from its
custody.
(b) The department [commission] shall discharge without a
court hearing a person committed to the department [it] for a
determinate sentence under Section 54.04(d)(3), Section 54.04(m),
or Section 54.05(f), Family Code, who has not been transferred to
the Texas Department of Criminal Justice under a court order on the
date that the time spent by the person in detention in connection
with the committing case plus the time spent at the department
[Texas Youth Commission] under the order of commitment equals the
period of the sentence.
(c) The department [commission] shall transfer to the Texas
Department of Criminal Justice a person who is the subject of an
order under Section 54.11(i)(2), Family Code, transferring the
person to the custody of the Texas Department of Criminal Justice
for the completion of the person's sentence.
(d) [(e)] Except as provided by Subsection (e) [(g)], the
department [commission] shall discharge from its custody a person
not already discharged on the person's 19th birthday.
(e) [(g)] The department [commission] shall transfer a
person who has been sentenced under a determinate sentence to
commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
Family Code, or who has been returned to the department
[commission] under Section 54.11(i)(1), Family Code, to the custody
of the Texas Department of Criminal Justice on the person's 19th
birthday, if the person has not already been discharged or
transferred, to serve the remainder of the person's sentence on
parole as provided by Section 508.156, Government Code.
Sec. 245.152 [61.0841]. DETERMINATE SENTENCE PAROLE. (a)
Not later than the 90th day before the date the department
[commission] transfers a person to the custody of the Texas
Department of Criminal Justice for release on parole under Section
245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], the department
[commission] shall submit to the Texas Department of Criminal
Justice [department] all pertinent information relating to the
person, including:
(1) the juvenile court judgment;
(2) the circumstances of the person's offense;
(3) the person's previous social history and juvenile
court records;
(4) the person's physical and mental health record;
(5) a record of the person's conduct, employment
history, and attitude while committed to the department
[commission];
(6) a record of the sentence time served by the person
at the department [commission] and in a juvenile detention facility
in connection with the conduct for which the person was
adjudicated; and
(7) any written comments or information provided by
the department [commission], local officials, family members of the
person, victims of the offense, or the general public.
(b) The department [commission] shall provide instruction
for parole officers of the Texas Department of Criminal Justice
relating to juvenile programs at the department [commission]. The
department [commission] and the Texas Department of Criminal
Justice [department] shall enter into a memorandum of understanding
relating to the administration of this subsection.
(c) The Texas Department of Criminal Justice shall grant
credit for sentence time served by a person at the department
[commission] and in a juvenile detention facility, as recorded by
the department [commission] under Subsection (a)(6), in computing
the person's eligibility for parole and discharge from the Texas
Department of Criminal Justice [department].
SECTION 1.008. Subchapters H and I, Chapter 61, Human
Resources Code, are transferred to Subtitle C, Title 12, Human
Resources Code, as added by this Act, redesignated as Chapter 246,
and amended to read as follows:
CHAPTER 246. MISCELLANEOUS PROGRAMS
SUBCHAPTER A [H]. YOUTH BOOT CAMP PROGRAMS
Sec. 246.001 [61.101]. YOUTH BOOT CAMP PROGRAMS. (a) The
department [commission] may establish a youth boot camp program and
may employ necessary personnel to operate the youth boot camps.
(b) The department [commission, in consultation with the
Texas Juvenile Probation Commission,] shall develop guidelines for
a program of physical and correctional training and military-style
discipline for children placed in youth boot camps operated by
local probation departments for violating the conditions of release
under supervision or parole under Chapter 245 [Section 61.081].
(c) The department [commission] shall develop a program of
physical and correctional training and military-style discipline
for children committed to the department [commission] who are
placed in youth boot camps or other department [commission]
facilities.
(d) The department [commission] shall adopt rules of
conduct for children participating in the program under this
section.
SUBCHAPTER B [I]. INDUSTRIES PROGRAM
Sec. 246.051 [61.121]. PURPOSE; IMPLEMENTATION. The
purposes of the department [commission] industries program are:
(1) to provide adequate employment and vocational
training for children; and
(2) to develop and expand public and private
department [commission] industries.
Sec. 246.052 [61.122]. ADVISORY COMMITTEE. (a) A
department [commission] industries advisory committee is created
consisting of nine members appointed by the department
[commission].
(b) Members serve staggered three-year terms, with the
terms of three members expiring February 1 of each odd-numbered
year.
(c) In making appointments under this section, the
department [commission] shall endeavor to include representatives
of industries appropriate for hiring children committed to the
department [commission].
Sec. 246.053 [61.123]. PAY AND DISTRIBUTION OF PAY. The
department [commission] shall apportion wages earned by a child
working under the industries program in amounts determined at the
discretion of the department [commission], in the following
priority:
(1) a person to whom the child has been ordered by a
court or to whom the child has agreed to pay restitution;
(2) a person to whom the child has been ordered by a
court to pay child support;
(3) the compensation to victims of crime fund or the
compensation to victims of crime auxiliary fund; and
(4) the child's student account.
Sec. 246.054 [61.124]. INDUSTRIES FUND. (a) A Texas
Juvenile Justice Department [Youth Commission] industries program
fund is created in the state treasury.
(b) Proceeds from the operation of the industries program
shall be deposited in the fund.
(c) Money from the fund may be appropriated only for use by
the department [commission] for the administration of this
subchapter.
[(d) Sections 403.094 and 403.095, Government Code, do not
apply to the fund.]
Sec. 246.055 [61.125]. CONTRACTS. To encourage the
development and expansion of the industries program, the department
[commission] may enter into necessary contracts related to the
program.
Sec. 246.056 [61.126]. DONATIONS. The industries program
may be financed through contributions donated for this purpose by
private businesses contracting with the department [commission].
Sec. 246.057 [61.127]. GRANTS. (a) The department
[commission] may accept a grant for the vocational rehabilitation
of children.
(b) The department [commission] shall maintain a record of
the receipt and disbursement of a grant and shall annually report to
the lieutenant governor and the speaker of the house of
representatives on the administration of grant funds.
Sec. 246.058 [61.128]. LEASE OF LAND. (a) The department
[commission] may lease land owned by the department [commission] to
a private business to expand and develop the industries program.
(b) The term of the lease may not exceed 20 years.
(c) The business must lease the land at fair market value.
(d) The business may construct a new facility on the land or
convert an existing facility.
Sec. 246.059 [Sec. 61.129. CERTIFICATION FOR FRANCHISE
CREDIT. The commission shall prepare and issue a certification
that a corporation requires for the franchise tax credit for wages
paid as provided by Subchapter M, Chapter 171, Tax Code.
[Sec. 61.130]. OPTIONAL AD VALOREM TAX ABATEMENT. (a) A
business contracting with the department [commission] may enter
into an ad valorem tax abatement agreement under Subchapters B and
C, Chapter 312, Tax Code, with the governing body of the
municipality and county in which the business is located.
(b) If an area in which businesses contracting with the
department [commission] under this subchapter is designated as a
reinvestment zone under Chapter 312, Tax Code, the area satisfies
Section 312.202(a)(6), Tax Code, in that the area would be
reasonably likely as a result of the designation to contribute to
the retention or expansion of primary employment or to attract
major investment in the zone that would be a benefit to the property
and that would contribute to the economic development of the entity
designating the area as a reinvestment zone.
SECTION 1.009. Title 12, Human Resources Code, as added by
this Act, is amended by adding Subtitle D with a heading to read as
follows:
SUBTITLE D. INDEPENDENT OMBUDSMAN
SECTION 1.010. Chapter 64, Human Resources Code, is
transferred to Subtitle D, Title 12, Human Resources Code, as added
by this Act, redesignated as Chapter 261, and amended to read as
follows:
CHAPTER 261 [64]. [OFFICE OF] INDEPENDENT OMBUDSMAN
[OF THE TEXAS YOUTH COMMISSION]
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 261.001 [64.001]. DEFINITIONS. In this chapter:
(1) ["Commission" means the Texas Youth Commission.
[(2)] "Independent ombudsman" means the individual
who has been appointed under this chapter to the office of
independent ombudsman.
(2) [(3)] "Office" means the office of independent
ombudsman created under this chapter.
Sec. 261.002 [64.002]. ESTABLISHMENT; PURPOSE. The office
of independent ombudsman is a state agency established for the
purpose of investigating, evaluating, and securing the rights of
the children committed to the department [commission], including a
child released under supervision before final discharge.
Sec. 261.003 [64.003]. INDEPENDENCE. (a) The independent
ombudsman in the performance of its duties and powers under this
chapter acts independently of the department [commission].
(b) Funding for the independent ombudsman is appropriated
separately from funding for the department [commission].
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec. 261.051 [64.051]. APPOINTMENT OF INDEPENDENT
OMBUDSMAN. (a) The governor shall appoint the independent
ombudsman with the advice and consent of the senate for a term of
two years, expiring February 1 of odd-numbered years.
(b) A person appointed as independent ombudsman is eligible
for reappointment but may not serve more than three terms in that
capacity.
Sec. 261.052 [64.052]. ASSISTANTS. The independent
ombudsman may hire assistants to perform, under the direction of
the independent ombudsman, the same duties and exercise the same
powers as the independent ombudsman.
Sec. 261.053 [64.053]. CONFLICT OF INTEREST. (a) A person
may not serve as independent ombudsman or as an assistant to the
independent ombudsman if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
department [commission];
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from the department [commission]; or
(3) uses or receives any amount of tangible goods,
services, or funds from the department [commission].
(b) A person may not serve as independent ombudsman or as an
assistant to the independent ombudsman if the person or the
person's spouse is required to register as a lobbyist under Chapter
305, Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the department [commission].
(c) A person may not serve as independent ombudsman or as an
assistant to the independent ombudsman if the person or the
person's spouse is an officer, employee, manager, or paid
consultant of a Texas trade association in the field of criminal or
juvenile justice.
(d) For the purposes of this section, a Texas trade
association is a nonprofit, cooperative, and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
Sec. 261.054 [64.054]. SUNSET PROVISION. [(a)] The office
is subject to review under Chapter 325, Government Code (Texas
Sunset Act), but is not abolished under that chapter. The office
shall be reviewed during the periods in which the Texas Juvenile
Justice Department or its successor agency [Texas Youth Commission]
is reviewed.
[(b) Notwithstanding Subsection (a), the Sunset Advisory
Commission shall focus its review of the office on compliance with
requirements placed on the office by legislation enacted by the
81st Legislature, Regular Session, 2009, that becomes law. This
subsection expires September 1, 2011.]
Sec. 261.055 [64.055]. REPORT. (a) The independent
ombudsman shall submit on a quarterly basis to the governor, the
lieutenant governor, the state auditor, and each member of the
legislature a report that is both aggregated and disaggregated by
individual facility and describes:
(1) the work of the independent ombudsman;
(2) the results of any review or investigation
undertaken by the independent ombudsman, including reviews or
investigation of services contracted by the department
[commission]; and
(3) any recommendations that the independent
ombudsman has in relation to the duties of the independent
ombudsman.
(b) The independent ombudsman shall immediately report to
the governor, the lieutenant governor, the speaker of the house of
representatives, the state auditor, and the office of the inspector
general of the department [commission] any particularly serious or
flagrant:
(1) case of abuse or injury of a child committed to the
department [commission];
(2) problem concerning the administration of a
department [commission] program or operation;
(3) problem concerning the delivery of services in a
facility operated by or under contract with the department
[commission]; or
(4) interference by the department [commission] with
an investigation conducted by the office.
Sec. 261.056 [64.056]. COMMUNICATION AND CONFIDENTIALITY.
(a) The department [commission] shall allow any child committed to
the department [commission] to communicate with the independent
ombudsman or an assistant to the ombudsman. The communication:
(1) may be in person, by mail, or by any other means;
and
(2) is confidential and privileged.
(b) The records of the independent ombudsman are
confidential, except that the independent ombudsman shall:
(1) share with the office of inspector general of the
department [commission] a communication with a child that may
involve the abuse or neglect of the child; and
(2) disclose its nonprivileged records if required by
a court order on a showing of good cause.
(c) The independent ombudsman may make reports relating to
an investigation public after the investigation is complete but
only if the names of all children, parents, and employees are
redacted from the report and remain confidential.
(d) The name, address, or other personally identifiable
information of a person who files a complaint with the office of
independent ombudsman, information generated by the office of
independent ombudsman in the course of an investigation, and
confidential records obtained by the office of independent
ombudsman are confidential and not subject to disclosure under
Chapter 552, Government Code, except that the information and
records, other than confidential information and records
concerning a pending law enforcement investigation or criminal
action, may be disclosed to the appropriate person if the office
determines that disclosure is:
(1) in the general public interest;
(2) necessary to enable the office to perform the
responsibilities provided under this section; or
(3) necessary to identify, prevent, or treat the abuse
or neglect of a child.
Sec. 261.057 [64.057]. PROMOTION OF AWARENESS OF OFFICE.
The independent ombudsman shall promote awareness among the public
and the children committed to the department [commission] of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 261.058 [64.058]. RULEMAKING AUTHORITY. (a) The
office by rule shall establish policies and procedures for the
operations of the office of independent ombudsman.
(b) The office and the department [commission] shall adopt
rules necessary to implement Section 261.060 [64.060], including
rules that establish procedures for the department [commission] to
review and comment on reports of the office and for the department
[commission] to expedite or eliminate review of and comment on a
report due to an emergency or a serious or flagrant circumstance
described by Section 261.055(b) [64.055(b)].
Sec. 261.059 [64.059]. AUTHORITY OF STATE AUDITOR. The
office is subject to audit by the state auditor in accordance with
Chapter 321, Government Code.
Sec. 261.060 [64.060]. REVIEW AND FORMAT OF REPORTS. (a)
The office shall accept, both before and after publication,
comments from the department [commission] concerning the following
types of reports published by the office under this chapter:
(1) the office's quarterly report under Section
261.055(a) [64.055(a)];
(2) reports concerning serious or flagrant
circumstances under Section 261.055(b) [64.055(b)]; and
(3) any other formal reports containing findings and
making recommendations concerning systemic issues that affect the
department [commission].
(b) The department [commission] may not submit comments
under Subsection (a) after the 30th day after the date the report on
which the department [commission] is commenting is published.
(c) The office shall ensure that reports described by
Subsection (a) are in a format to which the department [commission]
can easily respond.
(d) After receipt of comments under this section, the office
is not obligated to change any report or change the manner in which
the office performs the duties of the office.
Sec. 261.061 [64.061]. COMPLAINTS. (a) The office shall
maintain a system to promptly and efficiently act on complaints
filed with the office that relate to the operations or staff of the
office. The office shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and the
disposition of the complaint.
(b) The office shall make information available describing
its procedures for complaint investigation and resolution.
(c) The office shall periodically notify the complaint
parties of the status of the complaint until final disposition.
SUBCHAPTER C. DUTIES AND POWERS
Sec. 261.101 [64.101]. DUTIES AND POWERS. (a) The
independent ombudsman shall:
(1) review the procedures established by the
department [commission] and evaluate the delivery of services to
children to ensure that the rights of children are fully observed;
(2) review complaints filed with the independent
ombudsman concerning the actions of the department [commission] and
investigate each complaint in which it appears that a child may be
in need of assistance from the independent ombudsman;
(3) conduct investigations of complaints, other than
complaints alleging criminal behavior, if the office determines
that:
(A) a child committed to the department
[commission] or the child's family may be in need of assistance from
the office; or
(B) a systemic issue in the department's
[commission's] provision of services is raised by a complaint;
(4) review or inspect periodically the facilities and
procedures of any institution or residence in which a child has been
placed by the department [commission], whether public or private,
to ensure that the rights of children are fully observed;
(5) provide assistance to a child or family who the
independent ombudsman determines is in need of assistance,
including advocating with an agency, provider, or other person in
the best interests of the child;
(6) review court orders as necessary to fulfill its
duties;
(7) recommend changes in any procedure relating to the
treatment of children committed to the department [commission];
(8) make appropriate referrals under any of the duties
and powers listed in this subsection; and
(9) supervise assistants who are serving as advocates
in their representation of children committed to the department
[commission] in internal administrative and disciplinary hearings.
(b) The independent ombudsman may apprise persons who are
interested in a child's welfare of the rights of the child.
(c) To assess if a child's rights have been violated, the
independent ombudsman may, in any matter that does not involve
alleged criminal behavior, contact or consult with an
administrator, employee, child, parent, expert, or any other
individual in the course of its investigation or to secure
information.
(d) Notwithstanding any other provision of this chapter,
the independent ombudsman may not investigate alleged criminal
behavior.
(e) Notwithstanding any other provision of this chapter,
the powers of the office are limited to facilities operated and
services provided by the department under Subtitle C.
Sec. 261.102 [64.102]. TREATMENT OF DEPARTMENT
[COMMISSION] EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN.
The department [commission] may not discharge or in any manner
discriminate or retaliate against an employee who in good faith
makes a complaint to the office of independent ombudsman or
cooperates with the office in an investigation.
Sec. 261.103 [64.103]. TRAINING. The independent
ombudsman shall attend annual sessions, including the training
curriculum for juvenile correctional officers required under
Section 242.012 [61.0356], and may participate in other appropriate
professional training.
Sec. 261.104 [64.104]. MEMORANDUM OF UNDERSTANDING. (a)
The office and the department [commission] shall enter into a
memorandum of understanding concerning:
(1) the most efficient manner in which to share
information with one another; and
(2) the procedures for handling overlapping
monitoring duties and activities performed by the office and the
department [commission].
(b) The memorandum of understanding entered into under
Subsection (a), at a minimum, must:
(1) address the interaction of the office with that
portion of the department [commission] that conducts an internal
audit under Section 242.005 [61.0331];
(2) address communication between the office and the
department [commission] concerning individual situations involving
children committed to the department [commission] and how those
situations will be documented and handled;
(3) contain guidelines on the office's role in
relevant working groups and policy development decisions at the
department [commission];
(4) ensure opportunities for sharing information
between the office and the department [commission] for the purposes
of assuring quality and improving programming within the department
[commission]; and
(5) preserve the independence of the office by
authorizing the office to withhold information concerning matters
under active investigation by the office from the department
[commission] and department [commission] staff and to report the
information to the governor.
SUBCHAPTER D. ACCESS TO INFORMATION
Sec. 261.151 [64.151]. ACCESS TO INFORMATION OF
GOVERNMENTAL ENTITIES. (a) The department [commission] shall
allow the independent ombudsman access to its records relating to
the children committed to the department [commission].
(b) The Department of Public Safety shall allow the
independent ombudsman access to the juvenile justice information
system established under Subchapter B, Chapter 58, Family Code.
(c) A local law enforcement agency shall allow the
independent ombudsman access to its records relating to any child
in the care or custody of the department [commission].
Sec. 261.152 [64.152]. ACCESS TO INFORMATION OF PRIVATE
ENTITIES. The independent ombudsman shall have access to the
records of a private entity that relate to a child committed to the
department [commission].
SECTION 1.011. Section 61.020(a), Human Resources Code, is
amended to read as follows:
(a) 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 on
September 1, 2012 [and this chapter expires September 1, 2011].
SECTION 1.012. Section 141.012(a), Human Resources Code, is
amended to read as follows:
(a) The Texas Juvenile Probation Commission [is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the commission] is
abolished on September 1, 2012 [and this chapter expires September
1, 2011].
ARTICLE 2. MISCELLANEOUS PROVISIONS
SECTION 2.001. Section 51.126, Family Code, is amended by
amending Subsections (b), (c), (d), and (e) and adding Subsection
(f) to read as follows:
(b) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect, at least annually, all nonsecure correctional facilities
that are located in the county and shall certify in writing to the
authorities responsible for operating and giving financial support
to the facilities and to the Texas Juvenile Justice Department
[Probation Commission] that the facility or facilities are suitable
or unsuitable for the confinement of children. In determining
whether a facility is suitable or unsuitable for the confinement of
children, the juvenile court judges and juvenile board members
shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile Justice
Department [Probation Commission], including the report provided
under Subsection (c), and the status of any required corrective
actions; and
(2) the other factors described under Sections
51.12(c)(2)-(7).
(c) The Texas Juvenile Justice Department [Probation
Commission] shall annually inspect each nonsecure correctional
facility. The Texas Juvenile Justice Department [Probation
Commission] shall provide a report to each juvenile court judge
presiding in the same county as an inspected facility indicating
whether the facility is suitable or unsuitable for the confinement
of children in accordance with minimum professional standards for
the confinement of children in nonsecure confinement promulgated by
the Texas Juvenile Justice Department [Probation Commission] or, at
the election of the juvenile board of the county in which the
facility is located, the current standards promulgated by the
American Correctional Association.
(d) A governmental unit or private entity that operates or
contracts for the operation of a juvenile nonsecure correctional
facility in this state under Subsection (a), except for a facility
operated by or under contract with the Texas Juvenile Justice
Department [Texas Youth Commission], shall:
(1) register the facility annually with the Texas
Juvenile Justice Department [Probation Commission]; and
(2) adhere to all applicable minimum standards for the
facility.
(e) The Texas Juvenile Justice Department [Probation
Commission] may deny, suspend, or revoke the registration of any
facility required to register under Subsection (d) if the facility
fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.
(f) In this section, "Texas Juvenile Justice Department"
means the Texas Juvenile Probation Commission. This subsection
expires September 1, 2012.
SECTION 2.002. Section 614.017(c)(1), Health and Safety
Code, is amended to read as follows:
(1) "Agency" includes any of the following entities
and individuals, a person with an agency relationship with one of
the following entities or individuals, and a person who contracts
with one or more of the following entities or individuals:
(A) the Texas Department of Criminal Justice and
the Correctional Managed Health Care Committee;
(B) the Board of Pardons and Paroles;
(C) the Department of State Health Services;
(D) the Texas Juvenile Justice Department
[Probation Commission];
(E) [the Texas Youth Commission;
[(F)] the Department of Assistive and
Rehabilitative Services;
(F) [(G)] the Texas Education Agency;
(G) [(H)] the Commission on Jail Standards;
(H) [(I)] the Department of Aging and Disability
Services;
(I) [(J)] the Texas School for the Blind and
Visually Impaired;
(J) [(K)] community supervision and corrections
departments and local juvenile probation departments;
(K) [(L)] personal bond pretrial release offices
established under Article 17.42, Code of Criminal Procedure;
(L) [(M)] local jails regulated by the
Commission on Jail Standards;
(M) [(N)] a municipal or county health
department;
(N) [(O)] a hospital district;
(O) [(P)] a judge of this state with jurisdiction
over juvenile or criminal cases;
(P) [(Q)] an attorney who is appointed or
retained to represent a special needs offender or a juvenile with a
mental impairment;
(Q) [(R)] the Health and Human Services
Commission;
(R) [(S)] the Department of Information
Resources;
(S) [(T)] the bureau of identification and
records of the Department of Public Safety, for the sole purpose of
providing real-time, contemporaneous identification of individuals
in the Department of State Health Services client data base; and
(T) [(U)] the Department of Family and
Protective Services.
SECTION 2.003. Sections 614.018(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) The Texas Juvenile Justice Department [Probation
Commission, the Texas Youth Commission], the Department of Public
Safety, the Department of State Health Services, the Department of
Aging and Disability Services, the Department of Family and
Protective Services, the Texas Education Agency, and local juvenile
probation departments shall adopt a memorandum of understanding
that establishes their respective responsibilities to institute a
continuity of care and service program for juveniles with mental
impairments in the juvenile justice system. The Texas Correctional
Office on Offenders with Medical and Mental Impairments shall
coordinate and monitor the development and implementation of the
memorandum of understanding.
(b) The memorandum of understanding must establish methods
for:
(1) identifying juveniles with mental impairments in
the juvenile justice system and collecting and reporting relevant
data to the office;
(2) developing interagency rules, policies, and
procedures for the coordination of care of and the exchange of
information on juveniles with mental impairments who are committed
to or treated, served, or supervised by the [Texas Youth
Commission, the] Texas Juvenile Justice Department [Probation
Commission], the Department of Public Safety, the Department of
State Health Services, the Department of Family and Protective
Services, the Department of Aging and Disability Services, the
Texas Education Agency, local juvenile probation departments,
local mental health or mental retardation authorities, and
independent school districts; and
(3) identifying the services needed by juveniles with
mental impairments in the juvenile justice system.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.001. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers and officers commissioned by the Public
Safety Commission and the Director of the Department of Public
Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million that operates an airport
that serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas Medical
Board;
(18) officers commissioned by the board of managers of
the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Department of State
Health Services under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(29) apprehension specialists and inspectors general
commissioned by the Texas Juvenile Justice Department [Texas Youth
Commission] as officers under Sections 242.102 and 243.052 [61.0451
and 61.0931], Human Resources Code;
(30) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Commission on
Law Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;
(32) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061(f),
Occupations Code;
(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(34) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(35) investigators commissioned by the Texas Juvenile
Justice Department [Probation Commission] as officers under
Section 221.011 [141.055], Human Resources Code; and
(36) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code.
SECTION 3.002. Section 5(d), Article 18.20, Code of
Criminal Procedure, is amended to read as follows:
(d) The Texas Juvenile Justice Department [Youth
Commission] may own electronic, mechanical, or other devices for a
use or purpose authorized by Section 242.104 [61.0455], Human
Resources Code, and the inspector general of the Texas Juvenile
Justice Department [Youth Commission], a commissioned officer of
that office, or another person acting in the presence and under the
direction of a commissioned officer of that office may possess,
install, operate, or monitor those devices as provided by Section
242.104 [61.0455].
SECTION 3.003. Section 29.012(e), Education Code, is
amended to read as follows:
(e) This section does not apply to a residential treatment
facility for juveniles established under Section 221.056
[141.059], Human Resources Code.
SECTION 3.004. Section 51.13(c), Family Code, is amended to
read as follows:
(c) A child may not be committed or transferred to a penal
institution or other facility used primarily for the execution of
sentences of persons convicted of crime, except:
(1) for temporary detention in a jail or lockup
pending juvenile court hearing or disposition under conditions
meeting the requirements of Section 51.12 of this code;
(2) after transfer for prosecution in criminal court
under Section 54.02 of this code; or
(3) after transfer from the Texas Juvenile Justice
Department [Youth Commission] under Section 245.151(c) [61.084],
Human Resources Code.
SECTION 3.005. Section 51.21(a), Family Code, is amended to
read as follows:
(a) A probation department that administers the mental
health screening instrument or clinical assessment required by
Section 221.003 [141.042(e)], Human Resources Code, shall refer the
child to the local mental health authority for assessment and
evaluation if:
(1) the child's scores on the screening instrument or
clinical assessment indicate a need for further mental health
assessment and evaluation; and
(2) the department and child do not have access to an
internal, contract, or private mental health professional.
SECTION 3.006. Section 53.045(d), Family Code, is amended
to read as follows:
(d) If the grand jury approves of the petition, the fact of
approval shall be certified to the juvenile court, and the
certification shall be entered in the record of the case. For the
purpose of the transfer of a child to the Texas Department of
Criminal Justice as provided by Section 245.151(c) [61.084(c)],
Human Resources Code, a juvenile court petition approved by a grand
jury under this section is an indictment presented by the grand
jury.
SECTION 3.007. Sections 54.11(a), (h), (i), and (j), Family
Code, are amended to read as follows:
(a) On receipt of a referral under Section 244.014(a)
[61.079(a)], Human Resources Code, for the transfer to the Texas
Department of Criminal Justice of a person committed to the Texas
Juvenile Justice Department [Youth Commission] 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 [commission] under Section
245.051(d) [61.081(g)], Human Resources Code, for approval of the
release under supervision of a person committed to the Texas
Juvenile Justice Department [commission] under Section
54.04(d)(3), 54.04(m), or 54.05(f), 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 244.014(a) [61.079(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 244.014(a) [61.079(a)], Human Resources
Code, the court may order:
(1) the return of the person to the Texas Juvenile
Justice Department [Youth Commission]; 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 245.051(c)
[61.081(f)], Human Resources Code, the court may order the return
of the person to the Texas Juvenile Justice Department [Youth
Commission]:
(1) with approval for the release of the person under
supervision; or
(2) without approval for the release of the person
under supervision.
SECTION 3.008. Section 58.003(g-1), Family Code, is amended
to read as follows:
(g-1) Any records collected or maintained by the Texas
Juvenile Justice Department [Probation Commission], including
statistical data submitted under Section 221.007 [141.044], Human
Resources Code, are not subject to a sealing order issued under this
section.
SECTION 3.009. Section 58.0072(b), Family Code, is amended
to read as follows:
(b) Juvenile justice information consists of information of
the type described by Section 58.104, including statistical data in
any form or medium collected, maintained, or submitted to the Texas
Juvenile Justice Department [Probation Commission] under Section
221.007 [141.044], Human Resources Code.
SECTION 3.010. Section 41.310(b), Government Code, is
amended to read as follows:
(b) In addition to the duties prescribed by Subsection (a),
the counsellor shall on a quarterly basis provide the board of
directors and the standing committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities with a report concerning offenses or
delinquent conduct prosecuted by the unit on receiving a request
for assistance under Section 241.007 [61.098], Human Resources
Code, or a request for assistance otherwise from a prosecuting
attorney. A report under this subsection is public information
under Chapter 552, Government Code, and the board of directors
shall request that the commission publish the report on the
commission's Internet website. A report must be both aggregated
and disaggregated by individual facility and include information
relating to:
(1) the number of requests for assistance received
under Section 241.007 [61.098], Human Resources Code, and requests
for assistance otherwise received from prosecuting attorneys;
(2) the number of cases investigated and the number of
cases prosecuted;
(3) the types and outcomes of cases prosecuted, such
as whether the case concerned narcotics or an alleged incident of
sexual abuse; and
(4) the relationship of a victim to a perpetrator, if
applicable.
SECTION 3.011. Section 411.1141(a), Government Code, is
amended to read as follows:
(a) The Texas Juvenile Justice Department [Youth
Commission] is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person described by Section 242.013(b) [61.0357(b)],
Human Resources Code.
SECTION 3.012. Section 493.017(d), Government Code, is
amended to read as follows:
(d) A sex offender correction program that provides
counseling sessions for a child who is released under supervision
under Section 245.053 [61.0813], Human Resources Code, shall report
to the Texas Juvenile Justice Department [Youth Commission], not
later than the 15th day of each month, the following information
about the child:
(1) the total number of counseling sessions attended
by the child during the preceding month; and
(2) if during the preceding month the child terminates
participation in the program before completing counseling, the
reason for the child's termination of counseling or that the reason
for the termination of counseling is unknown.
SECTION 3.013. Section 499.053, Government Code, is amended
to read as follows:
Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE
DEPARTMENT [YOUTH COMMISSION]. (a) The department [institutional
division] shall accept persons transferred to the department
[division] from the Texas Juvenile Justice Department [Youth
Commission] under Section 245.151 [61.084], Human Resources Code.
(b) A person transferred to the department [institutional
division] from the Texas Juvenile Justice Department [Youth
Commission] is entitled to credit on the person's sentence for the
time served in the custody of the Texas Juvenile Justice Department
[youth commission].
(c) All laws relating to good conduct time and eligibility
for release on parole or mandatory supervision apply to a person
transferred to the department [institutional division] by the Texas
Juvenile Justice Department [youth commission] as if the time the
person was detained in a detention facility and the time the person
served in the custody of the Texas Juvenile Justice Department
[youth commission] was time served in the custody of the department
[division].
(d) A person transferred from the Texas Juvenile Justice
Department [Youth Commission] for the offense of capital murder
shall become eligible for parole as provided in Section 508.145(d)
for an offense listed in Section 3g, Article 42.12, Code of Criminal
Procedure, or an offense for which a deadly weapon finding has been
made.
SECTION 3.014. Section 508.156(a), Government Code, is
amended to read as follows:
(a) Before the release of a person who is transferred under
Section 245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], Human
Resources Code, to the department [division] for release on parole,
a parole panel shall review the person's records and may interview
the person or any other person the panel considers necessary to
determine the conditions of parole. The panel may impose any
reasonable condition of parole on the person that the panel may
impose on an adult inmate under this chapter.
SECTION 3.015. Section 614.019(c), Health and Safety Code,
is amended to read as follows:
(c) A child with mental illness or mental retardation who is
discharged from the Texas Juvenile Justice Department [Youth
Commission] under Section 244.011 [61.077], Human Resources Code,
may receive continuity of care services from the office for a
minimum of 90 days after discharge from the commission and for as
long as necessary for the child to demonstrate sufficient stability
to transition successfully to mental health or mental retardation
services provided by a local mental health or mental retardation
authority.
SECTION 3.016. Section 152.0007(b), Human Resources Code,
is amended to read as follows:
(b) The board may establish guidelines for the initial
assessment of a child by the juvenile probation department. The
guidelines shall provide a means for assessing a child's mental
health status, family background, and level of education. The
guidelines shall assist the probation department in determining
whether a comprehensive psychological evaluation of the child
should be conducted. The board shall require that probation
department personnel use assessment information compiled by the
child's school, if the information is available, before conducting
a comprehensive psychological evaluation of the child. The board
may adopt all or part of the Texas Juvenile Justice Department's
[Juvenile Probation Commission's] minimum standards for assessment
under Section 221.002 [141.042] in complying with this subsection.
SECTION 3.017. Sections 152.0011(b) and (c), Human
Resources Code, are amended to read as follows:
(b) The juvenile board or local probation department may
contract with a private vendor for the financing, construction,
operation, maintenance, or management of a youth boot camp in the
same manner as the state. [The juvenile board may not award a
contract under this subsection unless the board requests proposals
and receives a proposal that meets or exceeds, in addition to
requirements specified in the request for proposals, the
requirements specified in Section 141.0434.]
(c) A juvenile board youth boot camp must offer a program
that complies with the requirements of the youth boot camps set
forth in Section 246.001 [141.0432].
SECTION 3.018. Section 152.0301(f), Human Resources Code,
is amended to read as follows:
(f) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the Texas Juvenile Justice Department [Probation
Commission] as prescribed by Section 221.007 [141.044]; and
(2) submit periodic financial and statistical reports
to the county commissioners court.
SECTION 3.019. Section 152.0791(g), Human Resources Code,
is amended to read as follows:
(g) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the Texas Juvenile Justice Department [Probation
Commission] as prescribed by Section 221.007 [141.044]; and
(2) submit periodic financial and statistical reports
to the commissioners courts.
SECTION 3.020. Section 152.1371(f), Human Resources Code,
is amended to read as follows:
(f) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the Texas Juvenile Justice Department [Probation
Commission] as prescribed by Section 221.007 [141.044]; and
(2) submit periodic financial and statistical reports
to the county commissioners court.
SECTION 3.021. Section 152.1431(f), Human Resources Code,
is amended to read as follows:
(f) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the Texas Juvenile Justice Department [Probation
Commission] as prescribed by Section 221.007 [141.044]; and
(2) submit periodic financial and statistical reports
to the county commissioners court.
SECTION 3.022. Section 152.2511(f), Human Resources Code,
is amended to read as follows:
(f) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the Texas Juvenile Justice Department [Probation
Commission] as prescribed by Section 221.007 [141.044]; and
(2) submit periodic financial and statistical reports
to the county commissioners court.
SECTION 3.023. Section 16.02(e-1), Penal Code, is amended
to read as follows:
(e-1) It is a defense to prosecution under Subsection (d)(1)
that the electronic, mechanical, or other device is possessed by a
person authorized to possess the device under Section 500.008,
Government Code, or Section 242.104 [61.0455], Human Resources
Code.
ARTICLE 4. TRANSITION AND EFFECTIVE DATE
SECTION 4.001. (a) Effective September 1, 2012,
Subchapters A and B, Chapter 61, Human Resources Code, and
Subchapters A and B, Chapter 141, Human Resources Code, are
repealed.
(b) Effective September 1, 2012, the Texas Youth Commission
and the Texas Juvenile Probation Commission are abolished and the
powers and duties of those agencies are transferred to the Texas
Juvenile Justice Board and the Texas Juvenile Justice Department in
accordance with Title 12, Human Resources Code, as added by this
Act.
SECTION 4.002. (a) All money, records, property, and
equipment in the possession of the Texas Youth Commission or the
Texas Juvenile Probation Commission on September 1, 2012, shall be
transferred to the possession of the Texas Juvenile Justice
Department on September 1, 2012, or as soon as possible after that
date.
(b) Effective September 1, 2012, a rule adopted by the Texas
Youth Commission or the Texas Juvenile Probation Commission is a
rule of the Texas Juvenile Justice Department until and unless that
department amends or repeals the rule.
(c) Effective September 1, 2012, a memorandum of
understanding entered into by the Texas Youth Commission or the
Texas Juvenile Probation Commission is binding against the Texas
Juvenile Justice Department to the same extent that the memorandum
bound the agency that entered into the memorandum of understanding,
until and unless the department enters into a new memorandum of
understanding that modifies the department's responsibilities.
SECTION 4.003. Unless another provision of this Act
specifically provides otherwise, the Texas Youth Commission and the
Texas Juvenile Probation Commission, as applicable, shall
implement each change in law made by this Act, including adopting
any necessary or required rule, not later than September 1, 2012.
SECTION 4.004. (a) The validity of a disposition of a child
under Title 3, Family Code, made before, on, or after the effective
date of this Act is not affected solely because:
(1) the terms of the disposition refer to the Texas
Youth Commission or the Texas Juvenile Probation Commission; and
(2) during the time for the disposition is in effect,
the Texas Youth Commission or the Texas Juvenile Probation
Commission cease to exist and their powers and duties are
transferred, as provided by this Act, to the Texas Juvenile Justice
Department.
(b) The action of a juvenile probation department taken in
relation to a child before, on, or after the effective date of this
Act is not affected solely because:
(1) the terms of the action refer to the Texas Youth
Commission or the Texas Juvenile Probation Commission; and
(2) during the time for the action is in effect, the
Texas Youth Commission or the Texas Juvenile Probation Commission
cease to exist and their powers and duties are transferred, as
provided by this Act, to the Texas Juvenile Justice Department.
(c) The changes in law made by this Act to Title 3, Family
Code, are not substantive in nature and apply to conduct by a child
that occurs before, on, or after the effective date of this Act.
SECTION 4.005. (a) This section applies only to a closed
facility on real property owned by the Texas Youth Commission or the
Texas Juvenile Justice Department that is located wholly or partly
in a county that has a population of less than 100,000.
(b) The Texas Youth Commission or the Texas Juvenile Justice
Department may transfer a closed facility to the county or
municipality in which the facility is located.
(c) The consideration for the transfer authorized by
Subsection (b) of this section is the requirement that the county or
municipality use the property transferred only for a purpose that
benefits the public interest of the state. If the county or
municipality no longer uses the property for a public purpose,
ownership of the property automatically reverts to the Texas
Juvenile Justice Department.
(d) The Texas Youth Commission or the Texas Juvenile Justice
Department shall transfer the property by an appropriate instrument
of transfer, executed on the agency's behalf by the commissioner of
the General Land Office. The instrument of transfer must:
(1) provide that:
(A) the transferee shall use the property only
for a purpose that benefits the public interest of the state; and
(B) ownership of the property will automatically
revert to the Texas Juvenile Justice Department if the transferee
uses the property for any purpose other than a purpose that benefits
the interest of the state;
(2) describe the property to be transferred by metes
and bounds; and
(3) exclude from the transfer all mineral interests in
and under the property and prohibit any exploration, drilling, or
other similar intrusion on the property related to mineral
interests.
(e) The Texas Juvenile Justice Department shall retain
custody of the instrument of transfer after the instrument of
transfer is filed in the real property records of the county in
which the property is located.
(f) This section expires September 1, 2017.
SECTION 4.006. This Act takes effect September 1, 2011.