Texas 2011 - 82nd Regular

Texas House Bill HB1915 Compare Versions

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1	1	82R20957 AJZ-D
2	2	By: Madden, Bonnen, Cook, McClendon, Cain H.B. No. 1915
3	3	Substitute the following for H.B. No. 1915:
4	4	By: Madden C.S.H.B. No. 1915
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to abolishing the Texas Youth Commission and the Texas
10	10	Juvenile Probation Commission and transferring the powers and
11	11	duties of those agencies to the newly created Texas Juvenile
12	12	Justice Department and to the functions of the independent
13	13	ombudsman that serves the department.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. TEXAS JUVENILE JUSTICE DEPARTMENT; TEXAS YOUTH
16	16	COMMISSION AND TEXAS JUVENILE PROBATION COMMISSION
17	17	SECTION 1.001. The Human Resources Code is amended by
18	18	adding Title 12, and a heading is added to read as follows:
19	19	TITLE 12. JUVENILE JUSTICE SERVICES AND FACILITIES
20	20	SECTION 1.002. Title 12, Human Resources Code, as added by
21	21	this Act, is amended by adding Subtitle A to read as follows:
22	22	SUBTITLE A. TEXAS JUVENILE JUSTICE BOARD AND TEXAS JUVENILE
23	23	JUSTICE DEPARTMENT
24	24	CHAPTER 201. GENERAL PROVISIONS
25	25	Sec. 201.001. DEFINITIONS. (a) In this title:
26	26	(1) "Board" means the Texas Juvenile Justice Board.
27	27	(2) "Child" means an individual 10 years of age or
28	28	older and under 19 years of age who is committed to a secure
29	29	post-adjudication facility operated by the department under
30	30	Subtitle C.
31	31	(3) "Court" means a juvenile court.
32	32	(4) "Department" means the Texas Juvenile Justice
33	33	Department.
34	34	(5) "Executive director" means the executive director
35	35	of the department.
36	36	(6) "Juvenile board" means a body established by law
37	37	to provide juvenile probation services to a county.
38	38	(7) "State aid" means funds allocated by the
39	39	department to a juvenile board to financially assist the juvenile
40	40	board in achieving the purposes of this title and in conforming to
41	41	the department's standards and policies.
42	42	(a-1) A reference to the department:
43	43	(1) in Subtitle B means the Texas Juvenile Probation
44	44	Commission;
45	45	(2) in Subtitle C means the Texas Youth Commission;
46	46	and
47	47	(3) in any law other than Subtitle B or C means the
48	48	Texas Juvenile Probation Commission or the Texas Youth Commission,
49	49	as applicable in context.
50	50	(a-2) This subsection and Subsection (a-1) expire December
51	51	1, 2011.
52	52	(b) Effective December 1, 2011, a reference in other law to:
53	53	(1) the Texas Juvenile Probation Commission means the
54	54	department; or
55	55	(2) the Texas Youth Commission means the department.
56	56	Sec. 201.002. PURPOSES AND INTERPRETATION. This title
57	57	shall be construed to have the following public purposes:
58	58	(1) creating a unified state juvenile justice agency
59	59	that works in partnership with local county governments, the
60	60	courts, and communities to promote public safety by providing a
61	61	full continuum of effective supports and services to youth from
62	62	initial contact through termination of supervision; and
63	63	(2) creating a juvenile justice system that produces
64	64	positive outcomes for youth, families, and communities by:
65	65	(A) assuring accountability, quality,
66	66	consistency, and transparency through effective monitoring and the
67	67	use of systemwide performance measures;
68	68	(B) promoting the use of program and service
69	69	designs and interventions proven to be most effective in
70	70	rehabilitating youth;
71	71	(C) prioritizing the use of community-based or
72	72	family-based programs and services for youth over the placement or
73	73	commitment of youth to a secure facility;
74	74	(D) operating the state facilities to
75	75	effectively house and rehabilitate the youthful offenders that
76	76	cannot be safely served in another setting; and
77	77	(E) protecting and enhancing the cooperative
78	78	agreements between state and local county governments.
79	79	Sec. 201.003. GOALS. The goals of the department and all
80	80	programs, facilities, and services that are operated, regulated, or
81	81	funded by the department are to:
82	82	(1) support the development of a consistent
83	83	county-based continuum of effective interventions, supports, and
84	84	services for youth and families that reduce the need for
85	85	out-of-home placement;
86	86	(2) increase reliance on alternatives to placement and
87	87	commitment to secure state facilities, consistent with adequately
88	88	addressing a youthful offender's treatment needs and protection of
89	89	the public;
90	90	(3) locate the facilities as geographically close as
91	91	possible to necessary workforce and other services while supporting
92	92	the youths' connection to their families;
93	93	(4) encourage regional cooperation that enhances
94	94	county collaboration;
95	95	(5) enhance the continuity of care throughout the
96	96	juvenile justice system; and
97	97	(6) use secure facilities of a size that supports
98	98	effective youth rehabilitation and public safety.
99	99	Sec. 201.004. INTERAGENCY AND INTERGOVERNMENTAL
100	100	COOPERATION. (a) To improve services to youth, the department may
101	101	cooperate and contract with:
102	102	(1) the federal government;
103	103	(2) governmental agencies in this state and other
104	104	states;
105	105	(3) political subdivisions of the state; and
106	106	(4) private agencies and foundations.
107	107	(b) The executive director, the commissioner of education,
108	108	the commissioner of family and protective services, the
109	109	commissioner of state health services, the executive commissioner
110	110	of health and human services, and the chairman of the workforce
111	111	commission, or their designees, shall meet at least annually to:
112	112	(1) discuss mutual issues relating to at-risk youth
113	113	and youthful offenders, and community support systems for families
114	114	and youth;
115	115	(2) resolve conflicts in providing services to youth;
116	116	and
117	117	(3) make recommendations to the governor and
118	118	legislature.
119	119	CHAPTER 201A. TEMPORARY PROVISIONS
120	120	SUBCHAPTER A. TRANSITION TEAM
121	121	Sec. 201A.001. COMPOSITION OF TRANSITION TEAM; PRESIDING
122	122	OFFICER. (a) The juvenile justice services and facilities
123	123	transition team is composed of the following seven members:
124	124	(1) a representative of the Texas Juvenile Probation
125	125	Commission, appointed by the board of the Texas Juvenile Probation
126	126	Commission;
127	127	(2) a representative of the Texas Youth Commission,
128	128	appointed by the board of the Texas Youth Commission;
129	129	(3) a representative of the governor;
130	130	(4) a representative of the lieutenant governor,
131	131	chosen from a list submitted to the governor by the lieutenant
132	132	governor;
133	133	(5) a representative of the speaker of the house of
134	134	representatives, chosen from a list submitted to the governor by
135	135	the speaker;
136	136	(6) one member who represents the interests of:
137	137	(A) youthful offenders or the families of
138	138	youthful offenders;
139	139	(B) an organization that advocates on behalf of
140	140	youthful offenders or the families of youthful offenders; or
141	141	(C) an organization that advocates on behalf of
142	142	the victims of delinquent or criminal conduct; and
143	143	(7) one member with experience in the merger or
144	144	consolidation of governmental entities.
145	145	(b) The governor shall appoint the members of the transition
146	146	team listed in Subsections (a)(3)-(7).
147	147	(c) The members of the transition team shall be appointed as
148	148	provided by Subsections (a) and (b) as soon as possible after
149	149	September 1, 2011, and not later than October 1, 2011.
150	150	(d) The transition team member who is appointed under
151	151	Subsection (a)(3) serves as the presiding officer of the transition
152	152	team.
153	153	(e) The transition team members appointed under Subsections
154	154	(a)(1) and (2) remain on the transition team after November 30,
155	155	2011, regardless of the abolition of the agencies named in those
156	156	subdivisions.
157	157	Sec. 201A.002. POWERS AND DUTIES. (a) After September 1,
158	158	2011, and before December 1, 2011, the transition team shall
159	159	coordinate and oversee the transition of services and facilities
160	160	from the Texas Juvenile Probation Commission and the Texas Youth
161	161	Commission to the Texas Juvenile Justice Department.
162	162	(b) After November 30, 2011, and before March 1, 2012, the
163	163	transition team shall:
164	164	(1) assist the Texas Juvenile Justice Department and
165	165	advise the Texas Juvenile Justice Board in implementing the
166	166	transition of services and facilities from the Texas Juvenile
167	167	Probation Commission and the Texas Youth Commission to the Texas
168	168	Juvenile Justice Department; and
169	169	(2) prepare and submit to the Texas Juvenile Justice
170	170	Department a transition plan that:
171	171	(A) shall include short-term, medium-term, and
172	172	long-term transition goals for the department; and
173	173	(B) may include benchmarks and timelines for
174	174	completion of certain transition-related tasks, as appropriate.
175	175	Sec. 201A.003. ASSISTANCE. The following state agencies
176	176	shall, on request, assist the transition team with the following
177	177	matters:
178	178	(1) the Legislative Budget Board and the budget,
179	179	planning, and policy division of the governor's office, with
180	180	preparation of a suggested budget for the department;
181	181	(2) the Department of Information Resources, with the
182	182	technological needs of the department;
183	183	(3) the office of the attorney general, with legal
184	184	matters concerning the transition of services and facilities from
185	185	the Texas Juvenile Probation Commission and the Texas Youth
186	186	Commission to the Texas Juvenile Justice Department;
187	187	(4) the comptroller of public accounts, with suggested
188	188	accounting practices for the department; and
189	189	(5) the Texas Facilities Commission, with assistance
190	190	in efficiently using the office space in which the administrative
191	191	offices of the Texas Juvenile Probation Commission and the Texas
192	192	Youth Commission are located and, if necessary, locating additional
193	193	office space for the administrative offices of the department.
194	194	[Sections 201A.004-201A.050 reserved for expansion]
195	195	SUBCHAPTER B. EXPIRATION
196	196	Sec. 201A.051. EXPIRATION. This chapter expires March 31,
197	197	2012.
198	198	CHAPTER 202. ADMINISTRATIVE PROVISIONS
199	199	Sec. 202.001. COMPOSITION OF BOARD; PRESIDING OFFICER. (a)
200	200	The board is composed of the following 11 members appointed by the
201	201	governor with the advice and consent of the senate:
202	202	(1) one member who is a district court judge of a court
203	203	designated as a juvenile court;
204	204	(2) two members who are county judges or county
205	205	commissioners;
206	206	(3) one prosecutor in juvenile court;
207	207	(4) one chief juvenile probation officer of a juvenile
208	208	probation department serving a county with a population that
209	209	includes fewer than 7,500 persons younger than 18 years of age;
210	210	(5) one chief juvenile probation officer of a juvenile
211	211	probation department serving a county with a population that
212	212	includes at least 7,500 but fewer than 20,000 persons younger than
213	213	18 years of age;
214	214	(6) one chief juvenile probation officer of a juvenile
215	215	probation department serving a county with a population that
216	216	includes 20,000 or more persons younger than 18 years of age;
217	217	(7) one adolescent mental health treatment
218	218	professional licensed under Subtitle B or I, Title 3, Occupations
219	219	Code;
220	220	(8) one educator, as that term is defined by Section
221	221	5.001, Education Code; and
222	222	(9) two members of the general public.
223	223	(b) Members serve staggered six-year terms, with the terms
224	224	of three or four members expiring on February 1 of each odd-numbered
225	225	year.
226	226	(c) The governor shall designate a member of the board as
227	227	the presiding officer of the board to serve in that capacity at the
228	228	pleasure of the governor.
229	229	(d) The governor shall make appointments to the board
230	230	without regard to the race, color, disability, sex, religion, age,
231	231	or national origin of the appointees.
232	232	Sec. 202.002. RESTRICTIONS ON BOARD MEMBERSHIP AND
233	233	DEPARTMENT EMPLOYMENT. (a) A person may not be a public member of
234	234	the board if the person or the person's spouse:
235	235	(1) is employed in the field of criminal or juvenile
236	236	justice;
237	237	(2) is employed by or participates in the management
238	238	of a business entity or other organization regulated by or
239	239	receiving money from the department;
240	240	(3) owns or controls, directly or indirectly, more
241	241	than a 10 percent interest in a business entity or other
242	242	organization regulated by or receiving money from the department;
243	243	or
244	244	(4) uses or receives a substantial amount of tangible
245	245	goods, services, or money from the department, other than
246	246	compensation or reimbursement authorized by law for board
247	247	membership, attendance, or expenses.
248	248	(b) A person may not be a board member and may not be a
249	249	department employee employed in a "bona fide executive,
250	250	administrative, or professional capacity," as that phrase is used
251	251	for purposes of establishing an exemption to the overtime
252	252	provisions of the federal Fair Labor Standards Act of 1938 (29
253	253	U.S.C. Section 201 et seq.), if:
254	254	(1) the person is an officer, employee, or paid
255	255	consultant of a Texas trade association in the field of criminal or
256	256	juvenile justice; or
257	257	(2) the person's spouse is an officer, manager, or paid
258	258	consultant of a Texas trade association in the field of criminal or
259	259	juvenile justice.
260	260	(c) A person may not be a board member or act as the general
261	261	counsel to the board or the department if the person is required to
262	262	register as a lobbyist under Chapter 305, Government Code, because
263	263	of the person's activities for compensation on behalf of a
264	264	profession related to the operation of the department.
265	265	(d) In this section, "Texas trade association" means a
266	266	cooperative and voluntarily joined statewide association of
267	267	business or professional competitors in this state designed to
268	268	assist its members and its industry or profession in dealing with
269	269	mutual business or professional problems and in promoting their
270	270	common interest.
271	271	Sec. 202.003. PROVISIONS APPLICABLE TO JUDICIAL MEMBERS.
272	272	(a) A judge's place on the board becomes vacant when the judge
273	273	ceases to hold a judicial office.
274	274	(b) A judge's service on the board is an additional duty of
275	275	office.
276	276	(c) At the time of appointment to the board, a judge must be
277	277	a judge of:
278	278	(1) a court designated as a juvenile court; or
279	279	(2) a court that is one of several courts that rotate
280	280	being the juvenile court.
281	281	Sec. 202.004. REMOVAL OF BOARD MEMBERS. (a) It is a ground
282	282	for removal from the board if a member:
283	283	(1) does not have at the time of taking office the
284	284	qualifications required by Sections 202.001 and 202.003;
285	285	(2) does not maintain during service on the board the
286	286	qualifications required by Sections 202.001 and 202.003;
287	287	(3) is ineligible for membership under Section
288	288	202.002;
289	289	(4) cannot, because of illness or disability,
290	290	discharge the member's duties for a substantial part of the term; or
291	291	(5) is absent from more than half of the regularly
292	292	scheduled board meetings that the member is eligible to attend
293	293	during a calendar year unless the absence is excused by majority
294	294	vote of the board.
295	295	(b) The validity of an action of the board is not affected by
296	296	the fact that the action is taken when a ground for removal of a
297	297	board member exists.
298	298	(c) If the executive director has knowledge that a potential
299	299	ground for removal exists, the executive director shall notify the
300	300	presiding officer of the board of the potential ground. The
301	301	presiding officer shall then notify the governor and the attorney
302	302	general that a potential ground for removal exists. If the
303	303	potential ground for removal involves the presiding officer, the
304	304	executive director shall notify the next highest ranking officer of
305	305	the board, who shall then notify the governor and the attorney
306	306	general that a potential ground for removal exists.
307	307	Sec. 202.005. BOARD MEMBER RECUSAL. (a) A chief juvenile
308	308	probation officer who is a board member shall avoid the appearance
309	309	of a conflict of interest by not voting or participating in any
310	310	decision by the board that directly benefits or penalizes or
311	311	otherwise directly impacts the juvenile probation department over
312	312	which the chief juvenile probation officer has authority.
313	313	(b) The board may adopt recusal requirements in addition to
314	314	those described by Subsection (a), including requirements that are
315	315	more restrictive than those described by Subsection (a).
316	316	Sec. 202.006. TRAINING FOR BOARD MEMBERS. (a) A person who
317	317	is appointed to and qualifies for office as a member of the board
318	318	may not vote, deliberate, or be counted as a member in attendance at
319	319	a meeting of the board until the person completes a training program
320	320	that complies with this section.
321	321	(b) The training program must provide the person with
322	322	information regarding:
323	323	(1) the legislation that created the department;
324	324	(2) the programs, functions, rules, and budget of the
325	325	department;
326	326	(3) the results of the most recent formal audit of the
327	327	department;
328	328	(4) the requirements of laws relating to open
329	329	meetings, public information, administrative procedure, and
330	330	conflicts of interest; and
331	331	(5) any applicable ethics policies adopted by the
332	332	department or the Texas Ethics Commission.
333	333	(c) A person appointed to the board is entitled to
334	334	reimbursement, as provided by the General Appropriations Act, for
335	335	the travel expenses incurred in attending the training program
336	336	regardless of whether the attendance at the program occurs before
337	337	or after the person qualifies for office.
338	338	Sec. 202.007. REIMBURSEMENT. A board member is not
339	339	entitled to compensation for service on the board but is entitled to
340	340	reimbursement for actual and necessary expenses incurred in
341	341	performing official duties as a board member.
342	342	Sec. 202.008. MEETINGS; PUBLIC PARTICIPATION. (a) The
343	343	board shall hold regular quarterly meetings on dates set by the
344	344	board and special meetings at the call of the presiding officer.
345	345	(b) The board shall adopt rules regulating the board's
346	346	proceedings.
347	347	(c) The board shall keep a public record of the board's
348	348	decisions at the board's general office.
349	349	(d) The board shall develop and implement policies that
350	350	provide the public with a reasonable opportunity to appear before
351	351	the board and to speak on any issue under the jurisdiction of the
352	352	department.
353	353	Sec. 202.009. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The
354	354	department is subject to audit by the state auditor in accordance
355	355	with Chapter 321, Government Code.
356	356	(b) The state auditor, on request of the office of inspector
357	357	general, may provide information or other assistance to the office
358	358	of inspector general that the state auditor determines is
359	359	appropriate. The office of inspector general may coordinate with
360	360	the state auditor to review or schedule a plan for an investigation
361	361	under Subchapter C, Chapter 242, or share other information.
362	362	(c) The state auditor may access all information maintained
363	363	by the office of inspector general, such as vouchers, electronic
364	364	data, and internal records, including information that is otherwise
365	365	confidential under law. Information obtained by the state auditor
366	366	under this subsection is confidential and is not subject to
367	367	disclosure under Chapter 552, Government Code.
368	368	(d) Any provision of this title relating to the operations
369	369	of the office of inspector general does not:
370	370	(1) supersede the authority of the state auditor to
371	371	conduct an audit under Chapter 321, Government Code; or
372	372	(2) prohibit the state auditor from:
373	373	(A) conducting an audit, investigation, or other
374	374	review; or
375	375	(B) having full and complete access to all
376	376	records and other information concerning the department, including
377	377	any witness statement or electronic data, that the state auditor
378	378	considers necessary for the audit, investigation, or review.
379	379	Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
380	380	Board and the Texas Juvenile Justice Department are subject to
381	381	Chapter 325, Government Code (Texas Sunset Act). Unless continued
382	382	in existence as provided by that chapter, the board and the
383	383	department are abolished September 1, 2017.
384	384	CHAPTER 203. GENERAL POWERS AND DUTIES OF BOARD AND DEPARTMENT
385	385	Sec. 203.001. CONTROL OVER DEPARTMENT; DEPARTMENT MISSION.
386	386	(a) The board is the governing body of the department and is
387	387	responsible for the operations of the department.
388	388	(b) The board shall develop and implement policies that
389	389	clearly separate the policymaking responsibilities of the board and
390	390	the management responsibilities of the executive director and the
391	391	staff of the department.
392	392	(c) The board shall establish the mission of the department
393	393	with the goal of establishing a cost-effective continuum of youth
394	394	services that emphasizes keeping youth in their home communities
395	395	while balancing the interests of rehabilitative needs with public
396	396	safety. The board shall establish funding priorities for services
397	397	that support this mission and that do not provide incentives to
398	398	incarcerate youth.
399	399	Sec. 203.002. EXECUTIVE DIRECTOR. The board shall:
400	400	(1) employ an executive director to administer the
401	401	department; and
402	402	(2) supervise the director's administration of the
403	403	department.
404	404	Sec. 203.003. ACCESSIBILITY TO PROGRAMS AND FACILITIES.
405	405	(a) The department shall comply with federal and state laws related
406	406	to program and facility accessibility.
407	407	(b) The board shall prepare and maintain a written plan that
408	408	describes how a person who does not speak English can be provided
409	409	reasonable access to the department's programs and services.
410	410	Sec. 203.004. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
411	411	RESOLUTION. (a) The board shall develop and implement a policy to
412	412	encourage the use of:
413	413	(1) negotiated rulemaking procedures under Chapter
414	414	2008, Government Code, for the adoption of department rules; and
415	415	(2) appropriate alternative dispute resolution
416	416	procedures under Chapter 2009, Government Code, to assist in the
417	417	resolution of internal and external disputes under the department's
418	418	jurisdiction.
419	419	(b) The department's procedures relating to alternative
420	420	dispute resolution must conform, to the extent possible, to any
421	421	model guidelines issued by the State Office of Administrative
422	422	Hearings for the use of alternative dispute resolution by state
423	423	agencies.
424	424	(c) The department shall:
425	425	(1) coordinate the implementation of the policy
426	426	adopted under Subsection (a);
427	427	(2) provide training as needed to implement the
428	428	procedures for negotiated rulemaking or alternative dispute
429	429	resolution; and
430	430	(3) collect data concerning the effectiveness of those
431	431	procedures.
432	432	Sec. 203.005. GIFTS AND GRANTS. (a) The department may
433	433	apply for and accept gifts and grants from any public or private
434	434	source.
435	435	(b) The department shall deposit money received under this
436	436	section in the state treasury. The department may use the money for
437	437	the purpose of funding any activity under this title.
438	438	Sec. 203.006. MEDICAID BENEFITS. The department shall:
439	439	(1) identify areas in which federal Medicaid program
440	440	benefits could be used in a manner that is cost-effective for
441	441	juveniles in the juvenile justice system;
442	442	(2) develop a program to encourage application for and
443	443	receipt of Medicaid benefits;
444	444	(3) provide technical assistance to counties relating
445	445	to eligibility for Medicaid benefits; and
446	446	(4) monitor the extent to which counties make use of
447	447	Medicaid benefits.
448	448	Sec. 203.007. STUDIES; STATISTICAL RECORDS. (a) The
449	449	department may conduct or participate in studies relating to
450	450	corrections methods and systems and to treatment and therapy
451	451	programs at the governor's request or on the department's own
452	452	initiative.
453	453	(b) The department shall continuously study the problem of
454	454	juvenile delinquency in this state and the effectiveness of
455	455	services provided or regulated by the department under Subtitle B
456	456	or C and shall report the department's findings to the governor and
457	457	the legislature before each regular legislative session.
458	458	(c) The department shall keep records relating to juveniles
459	459	within the juvenile justice system that participate in research
460	460	programs or studies.
461	461	(d) The records must show, for each calendar quarter and for
462	462	each calendar year:
463	463	(1) the number of juveniles participating in research
464	464	programs or studies for the appropriate reporting period;
465	465	(2) the type of research program or study in which each
466	466	juvenile is participating;
467	467	(3) the name of the principal investigator conducting
468	468	the research program or study; and
469	469	(4) the entity sponsoring the research program or
470	470	study.
471	471	(e) The department shall submit a report that contains the
472	472	information in the records kept under Subsection (d) on or before
473	473	the 15th day after the last day of the appropriate reporting period
474	474	to the:
475	475	(1) governor;
476	476	(2) lieutenant governor;
477	477	(3) speaker of the house of representatives; and
478	478	(4) members of the senate and house of
479	479	representatives.
480	480	(f) A report submitted under this section is public
481	481	information under Chapter 552, Government Code.
482	482	Sec. 203.008. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH,
483	483	RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this section,
484	484	"evidence" means any record, book, paper, document, data, or other
485	485	evidence maintained by electronic or other means.
486	486	(b) The department may issue a subpoena requiring the
487	487	attendance of a witness or the production of evidence that the
488	488	department considers necessary for the investigation of:
489	489	(1) abuse, neglect, or exploitation allegations;
490	490	(2) complaints;
491	491	(3) financial and programmatic audits of juvenile
492	492	probation programs, services, and facilities, including juvenile
493	493	justice alternative education programs; or
494	494	(4) any other matter under the authority of the
495	495	department, including a determination of treatment under Section
496	496	244.005.
497	497	(c) The department may issue a subpoena under Subsection (b)
498	498	only if the subpoena is signed by:
499	499	(1) the presiding officer of the board or, if the
500	500	presiding officer is unavailable, the presiding officer's
501	501	designee; and
502	502	(2) at least two other members of the board, including
503	503	a board member who is a judge.
504	504	(d) A hearings examiner appointed by the department may
505	505	issue a subpoena requiring the attendance of a witness or the
506	506	production of any record, book, paper, or document the hearings
507	507	examiner considers necessary for a determination of treatment under
508	508	Section 244.005. The hearings examiner may sign a subpoena.
509	509	(e) Any peace officer, department investigator, other
510	510	department official, or person authorized under Article 24.01, Code
511	511	of Criminal Procedure, may serve the subpoena in the same manner
512	512	that similar process in a court of record having original
513	513	jurisdiction of criminal actions is served.
514	514	(f) A subpoena under this section shall be served and
515	515	witness fees and mileage paid as in civil cases in the district
516	516	court in the county to which the witness is called, unless the
517	517	proceeding for which the service or payment is made is under Chapter
518	518	2001, Government Code, in which case the service or payment shall be
519	519	made as provided in that chapter. Witnesses subpoenaed at the
520	520	instance of the department shall be paid their fees and mileage by
521	521	the department out of funds appropriated for that purpose.
522	522	(g) On application of the department, a court of record
523	523	having original jurisdiction of criminal actions may compel the
524	524	attendance of a witness, the production of material, or the giving
525	525	of testimony before the department, by an attachment for contempt
526	526	or in the same manner as the court may otherwise compel the
527	527	production of evidence.
528	528	(h) The presiding officer or a member of the board may
529	529	administer an oath to a witness in attendance before the department
530	530	or before an authorized representative of the department.
531	531	(i) If a witness in attendance before the department or
532	532	before an authorized representative refuses without reasonable
533	533	cause to be examined or answer a legal or pertinent question, or to
534	534	produce evidence when ordered by the department, the department may
535	535	apply to the district court for a rule or order returnable in not
536	536	less than two or in more than five days, directing the witness to
537	537	show cause before the judge why the witness should not be punished
538	538	for contempt. The department may apply to the district court of any
539	539	county where the witness is in attendance, on proof by affidavit of
540	540	the fact, unless the order of contempt is sought under Chapter 2001,
541	541	Government Code, in which case the department shall apply to a
542	542	district court of Travis County, as provided by that chapter. On
543	543	return of the order, the judge hearing the matter shall examine the
544	544	witness under oath and the witness shall be given an opportunity to
545	545	be heard. If the judge determines that the witness has refused,
546	546	without reasonable cause or legal excuse, to be examined or answer a
547	547	legal or pertinent question, or to produce evidence that the
548	548	witness was ordered to bring or produce, the judge may immediately
549	549	find the witness in contempt of court.
550	550	(j) The department shall be granted access at any reasonable
551	551	time to any evidence that is related to any matter the department or
552	552	executive director considers necessary to administer the
553	553	department's functions, powers, and duties.
554	554	Sec. 203.0081. ADVISORY COUNCIL ON JUVENILE SERVICES. (a)
555	555	The advisory council on juvenile services consists of:
556	556	(1) the executive director of the department or the
557	557	executive director's designee;
558	558	(2) the director of probation services of the
559	559	department or the director's designee;
560	560	(3) the executive commissioner of the Health and Human
561	561	Services Commission or the commissioner's designee;
562	562	(4) one representative of the county commissioners
563	563	courts appointed by the board;
564	564	(5) two juvenile court judges appointed by the board;
565	565	and
566	566	(6) seven chief juvenile probation officers appointed
567	567	by the board as provided by Subsection (b).
568	568	(b) The board shall appoint to the advisory council one
569	569	chief juvenile probation officer from each regional chiefs
570	570	association in this state from a list of nominees submitted to the
571	571	board by each regional chiefs association. To the greatest extent
572	572	practicable, a regional chiefs association shall include in its
573	573	list of nominees:
574	574	(1) one chief juvenile probation officer of a juvenile
575	575	probation department serving a county with a population that
576	576	includes fewer than 7,500 persons younger than 18 years of age;
577	577	(2) one chief juvenile probation officer of a juvenile
578	578	probation department serving a county with a population that
579	579	includes at least 7,500 but fewer than 20,000 persons younger than
580	580	18 years of age; and
581	581	(3) one chief juvenile probation officer of a juvenile
582	582	probation department serving a county with a population that
583	583	includes 20,000 or more persons younger than 18 years of age.
584	584	(c) Advisory council members, other than ex officio
585	585	members, serve staggered two-year terms, with the terms of one-half
586	586	of the members, as nearly as practicable, expiring on February 1 of
587	587	each year.
588	588	(d) The board may increase or decrease the number of
589	589	advisory council members as the board considers necessary.
590	590	(e) The advisory council shall report to the board any
591	591	determinations made under Subsection (f).
592	592	(f) The advisory council shall assist the department in:
593	593	(1) determining the needs and problems of county
594	594	juvenile boards and probation departments;
595	595	(2) conducting long-range strategic planning;
596	596	(3) reviewing and proposing revisions to existing or
597	597	newly proposed standards affecting juvenile probation programs,
598	598	services, or facilities;
599	599	(4) analyzing the potential cost impact on juvenile
600	600	probation departments of new standards proposed by the board; and
601	601	(5) advising the board on any other matter on the
602	602	request of the board.
603	603	Sec. 203.0082. FEES. If the General Appropriations Act
604	604	does not specify the amount of the fee, the board by rule may
605	605	establish fees that:
606	606	(1) are reasonable and necessary;
607	607	(2) produce revenue sufficient for the administration
608	608	of this chapter; and
609	609	(3) do not produce unnecessary revenue.
610	610	Sec. 203.009. PUBLIC INTEREST INFORMATION. The department
611	611	shall prepare information of public interest describing the
612	612	functions of the department and describing the procedures by which
613	613	complaints are filed with and resolved by the department. The
614	614	department shall make the information available to the public and
615	615	appropriate state agencies.
616	616	Sec. 203.010. COMPLAINTS. (a) The department shall
617	617	maintain a system to promptly and efficiently act on complaints
618	618	received by the department by or on behalf of a juvenile relating to
619	619	the programs, services, or facilities of the department or a local
620	620	juvenile probation department.
621	621	(b) The department shall make information available
622	622	describing its procedures for complaint investigation and
623	623	resolution.
624	624	(c) Complaints shall be initially referred to the office of
625	625	the inspector general. The office of the inspector general retains
626	626	jurisdiction for a complaint that raises or has the potential to
627	627	raise, wholly or partly, a criminal matter. The office of the
628	628	inspector general shall refer a criminal complaint relating to
629	629	juvenile probation programs, services, or facilities to the
630	630	appropriate local law enforcement agency. Any other complaint
631	631	shall be referred to the appropriate division of the department.
632	632	The board by rule shall establish policies for the referral of
633	633	noncriminal complaints.
634	634	(d) The department shall provide immediate notice to a local
635	635	juvenile probation department of a complaint received by the
636	636	department relating to the programs, services, or facilities of the
637	637	local juvenile probation department.
638	638	(e) The department shall periodically notify the complaint
639	639	parties of the status of the complaint until final disposition,
640	640	unless the notice would jeopardize an undercover investigation. If
641	641	the complaint relates to a claim of abuse, neglect, or exploitation
642	642	involving a local juvenile probation department, the department
643	643	shall provide monthly updates on the status of the complaint and
644	644	immediate updates regarding department decisions to the local
645	645	juvenile probation department.
646	646	(f) The department shall keep information about each
647	647	written complaint filed with the department. The information must
648	648	include:
649	649	(1) the subject matter of the complaint;
650	650	(2) the parties to the complaint;
651	651	(3) a summary of the results of the review or
652	652	investigation of the complaint;
653	653	(4) the period of time between the date the complaint
654	654	is received and the date the complaint is closed; and
655	655	(5) the disposition of the complaint.
656	656	Sec. 203.011. APPEALS FROM DECISION OF EXECUTIVE DIRECTOR.
657	657	A juvenile probation department that is aggrieved by a decision of
658	658	the executive director, including a decision relating to standards
659	659	affecting juvenile probation programs, services, or facilities,
660	660	may appeal the executive director's decision to the board. The
661	661	decision of the board is final and cannot be appealed.
662	662	Sec. 203.012. ANNUAL FINANCIAL REPORT. The department
663	663	shall prepare annually a complete and detailed written report
664	664	accounting for all funds received and disbursed by the department
665	665	during the preceding fiscal year. The annual report must meet the
666	666	reporting requirements applicable to financial reporting provided
667	667	in the General Appropriations Act.
668	668	Sec. 203.013. INTERNAL AUDIT; REPORT. (a) The department
669	669	shall regularly conduct internal audits of the department,
670	670	including audits of:
671	671	(1) facilities operated by and under contract with
672	672	the department; and
673	673	(2) medical services provided to children in the
674	674	custody of the department.
675	675	(b) The department shall on a quarterly basis report the
676	676	results of the audits to:
677	677	(1) the committees of the senate and house of
678	678	representatives with primary jurisdiction over matters concerning
679	679	correctional facilities; and
680	680	(2) the state auditor.
681	681	Sec. 203.014. TOLL-FREE NUMBER. (a) The department shall
682	682	establish a permanent, toll-free number for the purpose of
683	683	receiving any information concerning the abuse, neglect, or
684	684	exploitation of children in the custody of the department or housed
685	685	in a local probation facility.
686	686	(b) The department shall ensure that:
687	687	(1) the toll-free number is prominently displayed in
688	688	each department facility and each local probation facility;
689	689	(2) children in the custody of the department or
690	690	housed in a local probation facility and employees of the
691	691	department and the facility have confidential access to telephones
692	692	for the purpose of calling the toll-free number; and
693	693	(3) the toll-free number is in operation and answered
694	694	by staff 24 hours a day, every day of the year.
695	695	Sec. 203.015. PROGRAMS AND SERVICES EVALUATION SYSTEM. The
696	696	department shall establish and implement a system to evaluate the
697	697	effectiveness of county and state programs and services for youth.
698	698	SECTION 1.003. Title 12, Human Resources Code, as added by
699	699	this Act, is amended by adding Subtitle B, and a heading is added to
700	700	read as follows:
701	701	SUBTITLE B. PROBATION SERVICES; PROBATION FACILITIES
702	702	SECTION 1.004. Subchapters C, D, and E, Chapter 141, Human
703	703	Resources Code, are transferred to Subtitle B, Title 12, Human
704	704	Resources Code, as added by this Act, redesignated as Chapters 221,
705	705	222, and 223, respectively, and amended to read as follows:
706	706	CHAPTER 221. ASSISTANCE TO COUNTIES AND REGULATION OF JUVENILE
707	707	BOARDS AND JUVENILE PROBATION DEPARTMENTS
708	708	SUBCHAPTER A. GENERAL PROVISIONS [SUBCHAPTER C. POWERS AND
709	709	DUTIES OF COMMISSION]
710	710	Sec. 221.001 [141.041]. PROVISION OF PROBATION AND
711	711	DETENTION SERVICES. (a) The department [commission] shall assist
712	712	counties in providing probation and juvenile detention services by
713	713	encouraging the continued operation of county and multi-county
714	714	juvenile boards or probation offices.
715	715	(b) If a county discontinues the provision of juvenile
716	716	probation services, the department [commission] may directly
717	717	provide probation or detention services in the county.
718	718	Sec. 221.002 [141.042]. GENERAL RULES GOVERNING JUVENILE
719	719	BOARDS, PROBATION DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND
720	720	FACILITIES. (a) The board [commission] shall adopt reasonable
721	721	rules that provide:
722	722	(1) minimum standards for personnel, staffing, case
723	723	loads, programs, facilities, record keeping, equipment, and other
724	724	aspects of the operation of a juvenile board that are necessary to
725	725	provide adequate and effective probation services;
726	726	(2) a code of ethics for probation and detention
727	727	officers and for the enforcement of that code;
728	728	(3) appropriate educational, preservice and
729	729	in-service training, and certification standards for probation and
730	730	detention officers or court-supervised community-based program
731	731	personnel;
732	732	(4) subject to Subsection (d), minimum standards for
733	733	public and private juvenile pre-adjudication secure detention
734	734	facilities, public juvenile post-adjudication secure correctional
735	735	facilities that are operated under the authority of a juvenile
736	736	board or governmental unit, private juvenile post-adjudication
737	737	secure correctional facilities operated under a contract with a
738	738	governmental unit, except those facilities exempt from
739	739	certification by Section 42.052(g), and nonsecure correctional
740	740	facilities operated by or under contract with a governmental unit;
741	741	and
742	742	(5) minimum standards for juvenile justice
743	743	alternative education programs created under Section 37.011,
744	744	Education Code, in collaboration and conjunction with the Texas
745	745	Education Agency, or its designee.
746	746	(b) In adopting the rules, the board [commission] shall
747	747	consider local information and evidence gathered through public
748	748	review and comment.
749	749	(c) The department [commission] shall operate a statewide
750	750	registry for all public and private juvenile pre-adjudication
751	751	secure detention facilities and all public and private juvenile
752	752	post-adjudication secure correctional facilities [except a
753	753	facility operated or certified by the Texas Youth Commission].
754	754	(d) In adopting rules under Subsection (a)(4), the board
755	755	[commission] shall ensure that the minimum standards for facilities
756	756	described by Subsection (a)(4) are designed to ensure that
757	757	juveniles confined in those facilities are provided the rights,
758	758	benefits, responsibilities, and privileges to which a juvenile is
759	759	entitled under the United States Constitution, federal law, and the
760	760	constitution and laws of this state. The minimum standards must
761	761	include a humane physical and psychological environment, safe
762	762	conditions of confinement, protection from harm, adequate
763	763	rehabilitation and education, adequate medical and mental health
764	764	treatment, and due process of law.
765	765	(e) A juvenile board that does not accept state aid funding
766	766	from the department under Section 223.001 shall report to the
767	767	department each month on a form provided by the department the same
768	768	data as that required of counties accepting state aid funding
769	769	regarding juvenile justice activities under the jurisdiction of the
770	770	juvenile board. If the department makes available free software to
771	771	a juvenile board for the automation and tracking of juveniles under
772	772	the jurisdiction of the juvenile board, the department may require
773	773	the monthly report to be provided in an electronic format adopted by
774	774	rule by the board.
775	775	Sec. 221.003. RULES CONCERNING MENTAL HEALTH SCREENING
776	776	INSTRUMENT AND RISK AND NEEDS ASSESSMENT INSTRUMENT; ADMISSIBILITY
777	777	OF STATEMENTS. (a) The board by rule shall require juvenile [(e)
778	778	Juvenile] probation departments to [shall] use the mental health
779	779	screening instrument selected by the department [commission] for
780	780	the initial screening of children under the jurisdiction of
781	781	probation departments who have been formally referred to a juvenile
782	782	probation [the] department. The department [commission] shall give
783	783	priority to training in the use of this instrument in any preservice
784	784	or in-service training that the department [commission] provides
785	785	for probation officers. The rules adopted by the board under this
786	786	section must allow a [A] clinical assessment by a licensed mental
787	787	health professional to [may] be substituted for the mental health
788	788	screening instrument selected by the department [commission] if the
789	789	clinical assessment is performed in the time prescribed by the
790	790	department [commission].
791	791	(b) [(f)] A juvenile probation department must, before the
792	792	disposition of a child's case and using a validated risk and needs
793	793	assessment instrument or process provided or approved by the
794	794	department [commission], complete a risk and needs assessment for
795	795	each child under the jurisdiction of the juvenile probation
796	796	department.
797	797	(c) [(g)] Any statement made by a child and any mental
798	798	health data obtained from the child during the administration of
799	799	the mental health screening instrument under this section is not
800	800	admissible against the child at any other hearing. The person
801	801	administering the mental health screening instrument shall inform
802	802	the child that any statement made by the child and any mental health
803	803	data obtained from the child during the administration of the
804	804	instrument is not admissible against the child at any other
805	805	hearing.
806	806	(d) [(h) A juvenile board that does not accept state aid
807	807	funding from the commission under Section 141.081 shall report to
808	808	the commission each month on a form provided by the commission the
809	809	same data as that required of counties accepting state aid funding
810	810	regarding juvenile justice activities under the jurisdiction of the
811	811	juvenile board. If the commission makes available free software to
812	812	the juvenile board for the automation and tracking of juveniles
813	813	under the jurisdiction of the juvenile board, the commission may
814	814	require the monthly report to be provided in an electronic format
815	815	adopted by the commission.
816	816	[(i)] A juvenile probation department shall report data
817	817	from the use of the screening instrument or clinical assessment
818	818	under Subsection (a) [(e)] and the risk and needs assessment under
819	819	Subsection (b) [(f)] to the department [commission] in the format
820	820	and at the time prescribed by the department [commission].
821	821	(e) [(j)] The board [commission] shall adopt rules to
822	822	ensure that youth in the juvenile justice system are assessed using
823	823	the screening instrument or clinical assessment under Subsection
824	824	(a) [(e)] and the risk and needs assessment under Subsection (b)
825	825	[(f)].
826	826	Sec. 221.004 [141.0421]. STANDARDS RELATING TO LOCAL
827	827	PROBATION DEPARTMENTS. (a) The board [commission] shall adopt
828	828	rules that provide:
829	829	(1) standards for the collection and reporting of
830	830	information about juvenile offenders by local probation
831	831	departments;
832	832	(2) performance measures to determine the
833	833	effectiveness of probation services provided by local probation
834	834	departments; and
835	835	(3) case management standards for all probation
836	836	services provided by local probation departments.
837	837	(b) The department [commission] shall monitor local
838	838	probation departments for compliance with the standards and
839	839	measures that the board [commission] adopts.
840	840	(c) The department [commission] shall provide technical
841	841	assistance to local probation departments to aid compliance with
842	842	the standards and measures that the board [commission] adopts.
843	843	Sec. 221.005 [141.043]. TRAINING AND ASSISTANCE TO LOCAL
844	844	AUTHORITIES. The department [commission] shall provide
845	845	educational training and technical assistance to counties,
846	846	juvenile boards, and probation offices to:
847	847	(1) promote compliance with the standards required
848	848	under this chapter; and
849	849	(2) assist the local authorities in improving the
850	850	operation of probation, parole, and detention services.
851	851	Sec. 221.006 [141.0431]. VIOLENCE PREVENTION AND CONFLICT
852	852	RESOLUTION TRAINING. The department [commission] shall:
853	853	(1) provide training on request to juvenile probation
854	854	departments and juvenile boards in violence prevention and conflict
855	855	resolution programs that include discussion of domestic violence
856	856	and child abuse issues; and
857	857	(2) encourage the inclusion of a violence prevention
858	858	and conflict resolution program as a condition of probation.
859	859	Sec. 221.007 [141.044]. JUVENILE BOARD RECORDS AND
860	860	REPORTS. Each juvenile board in the state shall:
861	861	(1) keep the financial, programmatic, and statistical
862	862	records the department [commission] considers necessary; and
863	863	(2) submit periodic financial, programmatic, and
864	864	statistical reports to the department [commission] as required by
865	865	the department [commission] and in the format specified by the
866	866	department [commission], including electronic submission.
867	867	Sec. 221.0071. CHARTER SCHOOL. (a) Notwithstanding any
868	868	other law and in addition to the number of charters allowed under
869	869	Subchapter D, Chapter 12, Education Code, the State Board of
870	870	Education shall grant a charter on the application of a detention,
871	871	correctional, or residential facility established only for
872	872	juvenile offenders under Section 51.12, 51.125, or 51.126, Family
873	873	Code.
874	874	(b) If a local detention, correctional, or residential
875	875	facility described by Subsection (a) applies for a charter, the
876	876	facility must provide all educational opportunities and services,
877	877	including special education instruction and related services, that
878	878	a school district is required under state or federal law to provide
879	879	for students residing in the district through a charter school
880	880	operated in accordance with and subject to Subchapter D, Chapter
881	881	12, Education Code.
882	882	[Sec. 141.045. GIFTS AND GRANTS. (a) The commission may
883	883	apply for and accept gifts and grants from any public or private
884	884	source to use in maintaining and improving probation services in
885	885	the state.
886	886	[(b) The commission shall deposit money received under this
887	887	section in the state treasury. The commission may use the money
888	888	only to make payments of state aid under this chapter and to
889	889	administer this chapter.]
890	890	Sec. 221.008 [141.046]. INSPECTIONS AND AUDITS. (a) The
891	891	department [commission] may inspect and evaluate a juvenile board
892	892	and probation department and audit the juvenile board's [its]
893	893	financial, programmatic, and statistical records at reasonable
894	894	times to determine compliance with the board's [commission's]
895	895	rules.
896	896	(b) The department [commission] may inspect any program or
897	897	facility operated on behalf of and under the authority of the
898	898	juvenile board by the probation department, a governmental entity,
899	899	or private vendor.
900	900	[Sec. 141.0461. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER
901	901	OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this
902	902	section, "evidence" means any record, book, paper, document, data,
903	903	or other evidence maintained by electronic or other means.
904	904	[(b) The commission may issue a subpoena requiring the
905	905	attendance of a witness or the production of evidence that the
906	906	commission considers necessary for the investigation of:
907	907	[(1) abuse, neglect, or exploitation allegations;
908	908	[(2) complaints;
909	909	[(3) financial and programmatic audits of juvenile
910	910	probation programs services and facilities, including juvenile
911	911	justice alternative education programs; or
912	912	[(4) any matter under the authority of the commission.
913	913	[(c) The commission may issue a subpoena under Subsection
914	914	(b) only if the subpoena is signed by:
915	915	[(1) the chairman of the commission or, if the
916	916	chairman is unavailable, the vice-chairman of the commission; and
917	917	[(2) at least two other members of the commission,
918	918	including a member who is a judge.
919	919	[(d) Any peace officer, commission investigator, other
920	920	commission official, or person authorized under Article 24.01, Code
921	921	of Criminal Procedure, may serve the subpoena in the same manner
922	922	that similar process in a court of record having original
923	923	jurisdiction of criminal actions is served.
924	924	[(e) A subpoena under this section shall be served and
925	925	witness fees and mileage paid as in civil cases in the district
926	926	court in the county to which the witness is called, unless the
927	927	proceeding for which the service or payment is made is under Chapter
928	928	2001, Government Code, in which case the service or payment shall be
929	929	made as provided in that chapter. Witnesses subpoenaed at the
930	930	instance of the commission shall be paid their fees and mileage by
931	931	the commission out of funds appropriated for that purpose.
932	932	[(f) On application of the commission, a court of record
933	933	having original jurisdiction of criminal actions may compel the
934	934	attendance of a witness, the production of material, or the giving
935	935	of testimony before the commission, by an attachment for contempt
936	936	or in the same manner as the court may otherwise compel the
937	937	production of evidence.
938	938	[(g) The chairman or another member of the commission may
939	939	administer an oath to a witness in attendance before the commission
940	940	or before an authorized representative of the commission.
941	941	[(h) If a witness in attendance before the commission or
942	942	before an authorized representative refuses without reasonable
943	943	cause to be examined or answer a legal or pertinent question, or to
944	944	produce evidence when ordered by the commission, the commission may
945	945	apply to the district court for a rule or order returnable in not
946	946	less than two or in more than five days, directing the witness to
947	947	show cause before the judge why the witness should not be punished
948	948	for contempt. The commission may apply to the district court of any
949	949	county where the witness is in attendance, on proof by affidavit of
950	950	the fact, unless the order of contempt is sought under Chapter 2001,
951	951	Government Code, in which case the commission shall apply to a
952	952	district court of Travis County, as provided by that chapter. On
953	953	return of the order, the judge hearing the matter shall examine the
954	954	witness under oath and the witness shall be given an opportunity to
955	955	be heard. If the judge determines that the witness has refused,
956	956	without reasonable cause or legal excuse, to be examined or answer a
957	957	legal or pertinent question, or to produce evidence that the
958	958	witness was ordered to bring or produce, the judge may immediately
959	959	find the witness in contempt of court.
960	960	[(i) The commission shall be granted access at any
961	961	reasonable time to any evidence that is related to any matter the
962	962	commission or executive director considers necessary to administer
963	963	the commission's functions, powers, and duties.
964	964	[Sec. 141.047. INTERAGENCY COOPERATION. (a) To improve
965	965	probation services, the commission may cooperate and contract with:
966	966	[(1) the federal government;
967	967	[(2) governmental agencies in this state and other
968	968	states;
969	969	[(3) political subdivisions of the state; and
970	970	[(4) private agencies.
971	971	[(b) The director, the executive commissioner of the Texas
972	972	Youth Commission, and the commissioners of education, mental health
973	973	and mental retardation, and human services shall meet in Austin at
974	974	least quarterly to:
975	975	[(1) discuss mutual problems;
976	976	[(2) resolve conflicts in providing services to
977	977	juveniles; and
978	978	[(3) make recommendations to the governor and
979	979	legislature.
980	980	[Sec. 141.0471. COORDINATED STRATEGIC PLANNING COMMITTEE.
981	981	(a) The director and the executive director of the Texas Youth
982	982	Commission shall jointly appoint a strategic planning committee to
983	983	biennially develop a coordinated strategic plan which shall guide,
984	984	but not substitute for, the strategic plans developed individually
985	985	by the agencies. The director and the executive director of the
986	986	Texas Youth Commission are co-presiding officers of the strategic
987	987	planning committee.
988	988	[(b) The director shall appoint four members to the
989	989	strategic planning committee. The director shall appoint at least:
990	990	[(1) one committee member who represents the interests
991	991	of families of juvenile offenders;
992	992	[(2) one committee member who represents the interests
993	993	of local juvenile probation departments; and
994	994	[(3) one committee member who is a mental health
995	995	treatment professional licensed under Subtitle B or I, Title 3,
996	996	Occupations Code.
997	997	[(c) The executive director of the Texas Youth Commission
998	998	shall appoint four members to the strategic planning committee.
999	999	The executive director shall appoint at least:
1000	1000	[(1) one committee member who represents the interests
1001	1001	of juvenile offenders;
1002	1002	[(2) one committee member who represents the interests
1003	1003	of the victims of delinquent or criminal conduct; and
1004	1004	[(3) one committee member who is an educator as
1005	1005	defined by Section 5.001, Education Code.]
1006	1006	Sec. 221.009 [141.0472]. [COORDINATED] STRATEGIC PLAN;
1007	1007	ADOPTION OF PLAN. (a) The board shall develop a [coordinated]
1008	1008	strategic plan. The plan [developed by the strategic planning
1009	1009	committee under Section 141.0471] must:
1010	1010	(1) identify short-term and long-term policy goals;
1011	1011	(2) identify time frames and strategies for meeting
1012	1012	the goals identified under Subdivision (1);
1013	1013	(3) estimate population projections, including
1014	1014	projections of population characteristics;
1015	1015	(4) estimate short-term and long-term capacity,
1016	1016	programmatic, and funding needs;
1017	1017	(5) describe intensive service and surveillance
1018	1018	parole pilot programs to be [jointly] developed;
1019	1019	(6) include an evaluation of aftercare services
1020	1020	emphasizing concrete outcome measures, including recidivism and
1021	1021	educational progress;
1022	1022	(7) identify objective criteria for the various
1023	1023	decision points throughout the continuum of juvenile justice
1024	1024	services and sanctions to guard against disparate treatment of
1025	1025	minority youth;
1026	1026	(8) identify [cross-agency] outcome measures by which
1027	1027	to evaluate the effectiveness of services provided to youth in the
1028	1028	juvenile justice system [the system generally];
1029	1029	(9) include a plan of implementation for the
1030	1030	development of common data sources and data sharing among the
1031	1031	department [commission], juvenile probation departments, [the
1032	1032	Texas Youth Commission,] the Department of Family and Protective
1033	1033	Services, the Department of State Health Services, the Health and
1034	1034	Human Services Commission, the Texas Education Agency, and other
1035	1035	state agencies that serve youth in the juvenile justice system;
1036	1036	(10) include the development of new, or the
1037	1037	improvement of existing, validated risk assessment instruments;
1038	1038	(11) include strategies to determine which programs
1039	1039	are most effective in rehabilitating youth in the juvenile justice
1040	1040	system;
1041	1041	(12) include planning for effective aftercare
1042	1042	programs and services, including ensuring that youth in the
1043	1043	juvenile justice system have personal identification and
1044	1044	appropriate referrals to service providers; and
1045	1045	(13) track performance measures to illustrate the
1046	1046	costs of different levels of treatment and to identify the most
1047	1047	cost-effective programs in each component of the juvenile justice
1048	1048	system in this state.
1049	1049	(b) [In addition to the information described by Subsection
1050	1050	(a), the coordinated strategic plan must include specific processes
1051	1051	and procedures for routinely communicating juvenile justice system
1052	1052	information between the commission and the Texas Youth Commission
1053	1053	and determining opportunities to coordinate practices for
1054	1054	improving outcomes for youth.
1055	1055	[(c)] The board [governing boards of the commission and the
1056	1056	Texas Youth Commission] shall review and adopt the [coordinated]
1057	1057	strategic plan on or before December 1st of each odd-numbered
1058	1058	year[, or before the adoption of the agency's individual strategic
1059	1059	plan, whichever is earlier].
1060	1060	[Sec. 141.048. STUDIES. (a) The commission may conduct or
1061	1061	participate in studies relating to corrections methods and systems
1062	1062	and to treatment and therapy programs at the governor's request or
1063	1063	on its own motion.
1064	1064	[(b) The commission shall continuously study the
1065	1065	effectiveness of probation services and shall report its findings
1066	1066	to the governor and the legislature before each regular legislative
1067	1067	session.
1068	1068	[Sec. 141.0486. REPORTING CONCERNING RESEARCH PROGRAMS OR
1069	1069	STUDIES. (a) The commission shall keep records relating to
1070	1070	children within the juvenile probation system that participate in
1071	1071	research programs or studies.
1072	1072	[(b) The records must show, for each calendar quarter and
1073	1073	for each calendar year:
1074	1074	[(1) the number of children participating in research
1075	1075	programs or studies for the appropriate reporting period;
1076	1076	[(2) the type of research program or study in which
1077	1077	each child is participating;
1078	1078	[(3) the name of the principal investigator conducting
1079	1079	the research program or study; and
1080	1080	[(4) the entity sponsoring the research program or
1081	1081	study.
1082	1082	[(c) The commission shall submit a report that contains the
1083	1083	information in the records kept under Subsection (b) on or before
1084	1084	the 15th day after the last day of the appropriate reporting period
1085	1085	to the:
1086	1086	[(1) governor;
1087	1087	[(2) lieutenant governor;
1088	1088	[(3) speaker of the house of representatives; and
1089	1089	[(4) members of the senate and house of
1090	1090	representatives.
1091	1091	[(d) A report submitted under this section is public
1092	1092	information under Chapter 552, Government Code.]
1093	1093	Sec. 221.010. REPORT TO INDEPENDENT OMBUDSMAN. (a) A local
1094	1094	juvenile probation department shall submit a report on a monthly
1095	1095	basis to the independent ombudsman of the department describing the
1096	1096	complaints received by the local juvenile probation department
1097	1097	relating to youth served by the local juvenile probation
1098	1098	department.
1099	1099	(b) The board by rule shall establish the procedures for
1100	1100	submitting the report to the independent ombudsman and the
1101	1101	requirements for the report, including the types of information in
1102	1102	the report [141.049. COMPLAINTS RELATING TO JUVENILE BOARDS. (a)
1103	1103	The commission shall maintain a system to promptly and efficiently
1104	1104	act on a complaint filed with the commission relating to a juvenile
1105	1105	board funded by the commission. The commission shall maintain
1106	1106	information about parties to the complaint, a summary of the
1107	1107	results of the review or investigation of the complaint, and the
1108	1108	disposition of the complaint.
1109	1109	[(b) The commission shall make information available
1110	1110	describing the commission's procedures for the investigation and
1111	1111	resolution of a complaint filed with the commission relating to a
1112	1112	juvenile board funded by the commission.
1113	1113	[(c) The commission shall investigate the allegations in
1114	1114	the complaint and make a determination of whether there has been a
1115	1115	violation of the commission's rules relating to juvenile probation
1116	1116	programs, services, or facilities.
1117	1117	[(d) If a written complaint is filed with the commission
1118	1118	relating to a juvenile board funded by the commission, the
1119	1119	commission shall periodically notify the complainant and the
1120	1120	juvenile board of the status of the complaint until final
1121	1121	disposition, unless notice would jeopardize an undercover
1122	1122	investigation].
1123	1123	Sec. 221.011. INVESTIGATORS. (a) The department may
1124	1124	employ and commission investigators as peace officers for the
1125	1125	purpose of investigating allegations of abuse, neglect, and
1126	1126	exploitation in juvenile justice programs and facilities under
1127	1127	Section 261.405, Family Code.
1128	1128	(b) Peace officers employed and commissioned under
1129	1129	Subsection (a) must be certified by the Commission on Law
1130	1130	Enforcement Officer Standards and Education under Chapter 1701,
1131	1131	Occupations Code.
1132	1132	Sec. 221.012. ANNUAL REPORTS. (a) The department shall
1133	1133	report annually to the governor and the legislature on the
1134	1134	department's operations and the condition of probation services in
1135	1135	the state during the previous year. The report:
1136	1136	(1) may include recommendations; and
1137	1137	(2) must include:
1138	1138	(A) an evaluation of the effectiveness of the
1139	1139	community-based programs operated under Section 54.0401, Family
1140	1140	Code; and
1141	1141	(B) information comparing the cost of a child
1142	1142	participating in a program described by Paragraph (A) with the cost
1143	1143	of committing the child to the department.
1144	1144	(b) The department shall file annually with the governor,
1145	1145	the Legislative Budget Board, and the presiding officer of each
1146	1146	house of the legislature a complete and detailed written report
1147	1147	accounting for all funds received and disbursed by the department
1148	1148	during the preceding fiscal year. The annual report must be in the
1149	1149	form and be submitted by the time provided by the General
1150	1150	Appropriations Act.
1151	1151	SUBCHAPTER B. CONTRACT STANDARDS AND MONITORING
1152	1152	Sec. 221.051 [141.050]. CONTRACT STANDARDS. (a) In each
1153	1153	contract with counties for local probation services, the department
1154	1154	[commission] shall include:
1155	1155	(1) clearly defined contract goals, outputs, and
1156	1156	measurable outcomes that relate directly to program objectives;
1157	1157	(2) clearly defined sanctions or penalties for failure
1158	1158	to comply with or perform contract terms or conditions; and
1159	1159	(3) clearly specified accounting, reporting, and
1160	1160	auditing requirements applicable to money received under the
1161	1161	contract.
1162	1162	(b) The department [commission] shall require each local
1163	1163	juvenile probation department:
1164	1164	(1) to include the provisions of Subsection (a) in its
1165	1165	contracts with private service providers that involve the use of
1166	1166	state funds; and
1167	1167	(2) to use data relating to the performance of private
1168	1168	service providers in prior contracts as a factor in selecting
1169	1169	providers to receive contracts.
1170	1170	(c) The department [commission] shall consider the past
1171	1171	performance of a juvenile board when contracting with the juvenile
1172	1172	board for local probation services other than basic probation
1173	1173	services. In addition to the contract standards described by
1174	1174	Subsection (a), a contract with a juvenile board for probation
1175	1175	services other than basic probation services must:
1176	1176	(1) include specific performance targets for the
1177	1177	juvenile board based on the juvenile board's historic performance
1178	1178	of the services; and
1179	1179	(2) require a juvenile board to report on the juvenile
1180	1180	board's success in meeting the performance targets described by
1181	1181	Subdivision (1).
1182	1182	Sec. 221.052 [141.051]. CONTRACT MONITORING. The
1183	1183	department [commission] shall establish a formal program to monitor
1184	1184	contracts under Section 221.051 [141.050] made by the department
1185	1185	[commission]. The department [commission] must:
1186	1186	(1) monitor compliance with financial and performance
1187	1187	requirements using a risk assessment methodology; and
1188	1188	(2) obtain and evaluate program cost information to
1189	1189	ensure that each cost, including an administrative cost, is
1190	1190	reasonable and necessary to achieve program objectives.
1191	1191	[Sec. 141.052. MEDICAID BENEFITS. The commission shall:
1192	1192	[(1) identify areas in which federal Medicaid program
1193	1193	benefits could be used in a manner that is cost-effective for
1194	1194	children in the juvenile justice system;
1195	1195	[(2) develop a program to encourage application for
1196	1196	and receipt of Medicaid benefits;
1197	1197	[(3) provide technical assistance to counties
1198	1198	relating to eligibility for Medicaid benefits; and
1199	1199	[(4) monitor the extent to which counties make use of
1200	1200	Medicaid benefits.
1201	1201	[Sec. 141.053. ACCESSIBILITY TO PROGRAMS AND FACILITIES.
1202	1202	The commission shall comply with federal and state laws relating to
1203	1203	program and facility accessibility. The executive director shall
1204	1204	also prepare and maintain a written plan that describes how a person
1205	1205	who does not speak English can be provided reasonable access to the
1206	1206	commission's programs and services.]
1207	1207	Sec. 221.053 [141.054]. CONTRACTS FOR OUT-OF-STATE
1208	1208	JUVENILE INMATES. (a) The only entities other than the state
1209	1209	authorized to operate a correctional facility to house in this
1210	1210	state juvenile inmates convicted of offenses committed against the
1211	1211	laws of another state of the United States are:
1212	1212	(1) a county or municipality; and
1213	1213	(2) a private vendor operating a correctional facility
1214	1214	under a contract with a county or municipality.
1215	1215	(b) The board [commission] shall develop rules, procedures,
1216	1216	and minimum standards applicable to county or private correctional
1217	1217	facilities housing out-of-state juvenile inmates. A contract made
1218	1218	under Subsection (a) [of this section] shall require the county,
1219	1219	municipality, or private vendor to operate the facility in
1220	1220	compliance with minimum standards adopted by the board
1221	1221	[commission].
1222	1222	[Sec. 141.055. INVESTIGATORS. (a) The commission may
1223	1223	employ and commission investigators as peace officers for the
1224	1224	purpose of investigating allegations of abuse, neglect, and
1225	1225	exploitation in juvenile justice programs and facilities under
1226	1226	Section 261.405, Family Code.
1227	1227	[(b) Peace officers employed and commissioned under
1228	1228	Subsection (a) must be certified by the Commission on Law
1229	1229	Enforcement Officer Standards and Education under Chapter 1701,
1230	1230	Occupations Code.
1231	1231	[Sec. 141.056. STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
1232	1232	SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a) The
1233	1233	director shall establish a committee to evaluate alternatives to
1234	1234	the juvenile justice system, such as government programs,
1235	1235	faith-based programs, and programs offered by nonprofit
1236	1236	organizations, for children who are accused of engaging in acts of
1237	1237	prostitution.
1238	1238	[(b) The director shall determine the size of the committee.
1239	1239	The committee must be composed of:
1240	1240	[(1) members of the Texas Juvenile Probation
1241	1241	Commission, the Texas Youth Commission, and other relevant state
1242	1242	agencies as determined by the director;
1243	1243	[(2) members of the legislature;
1244	1244	[(3) members of nongovernmental organizations that
1245	1245	provide programs and services to combat and prevent trafficking of
1246	1246	persons as described by Section 20A.02, Penal Code, in this state,
1247	1247	including the following with respect to that trafficking:
1248	1248	[(A) programs to promote public awareness;
1249	1249	[(B) programs to identify and provide services to
1250	1250	victims;
1251	1251	[(C) legal services; and
1252	1252	[(D) community outreach and training programs;
1253	1253	and
1254	1254	[(4) other juvenile justice experts.
1255	1255	[(c) Not later than January 1, 2011, the committee shall
1256	1256	prepare and deliver to each member of the legislature a report that
1257	1257	includes the results of the study and recommendations for
1258	1258	alternatives to the juvenile justice system for children who are
1259	1259	accused of engaging in acts of prostitution.
1260	1260	[(d) This section expires June 1, 2011.]
1261	1261	Sec. 221.054 [141.057]. DATA COLLECTION. (a) The
1262	1262	department [commission] shall collect comprehensive data
1263	1263	concerning the outcomes of local probation programs throughout the
1264	1264	state.
1265	1265	(b) Data collected under Subsection (a) must include:
1266	1266	(1) a description of the types of programs and
1267	1267	services offered by a juvenile probation department, including a
1268	1268	description of the components of each program or service offered;
1269	1269	and
1270	1270	(2) to the extent possible, the rate at which
1271	1271	juveniles who enter or complete juvenile probation are later
1272	1272	committed to the custody of the state.
1273	1273	Sec. 221.055 [141.058]. QUARTERLY REPORT ON ABUSE,
1274	1274	NEGLECT, AND EXPLOITATION. (a) The department [On January 1, 2010,
1275	1275	and quarterly after that date, the commission] shall prepare and
1276	1276	deliver a quarterly report to the board concerning the final
1277	1277	outcome of any complaint received under Section 261.405, Family
1278	1278	Code, that concerns the abuse, neglect, or exploitation of a
1279	1279	juvenile. The report must include a summary of the actions
1280	1280	performed by the department [commission] and any applicable
1281	1281	juvenile board or juvenile probation department in resolving the
1282	1282	complaint.
1283	1283	(b) A report prepared under Subsection (a) is public
1284	1284	information under Chapter 552, Government Code, only to the extent
1285	1285	authorized by that chapter.
1286	1286	Sec. 221.056 [141.059]. RESIDENTIAL TREATMENT FACILITY.
1287	1287	(a) The department [commission] may contract with a local mental
1288	1288	health and mental retardation authority [that, on April 1, 2009,
1289	1289	had an unutilized or underutilized residential treatment
1290	1290	facility,] for the establishment of a residential treatment
1291	1291	facility for juveniles with mental illness or emotional injury who,
1292	1292	as a condition of juvenile probation, are ordered by a court to
1293	1293	reside at the facility and receive education services at the
1294	1294	facility. The department [commission] may work in cooperation with
1295	1295	the local mental health and mental retardation authority to provide
1296	1296	mental health residential treatment services for juveniles
1297	1297	residing at a facility established under this section.
1298	1298	(b) A residential treatment facility established under this
1299	1299	section must provide juveniles receiving treatment at the facility:
1300	1300	(1) a short-term program of mental health
1301	1301	stabilization that does not exceed 150 days in duration; and
1302	1302	(2) all educational opportunities and services,
1303	1303	including special education instruction and related services, that
1304	1304	a school district is required under state or federal law to provide
1305	1305	for students residing in the district through a charter school
1306	1306	operated in accordance with and subject to Subchapter D, Chapter
1307	1307	12, Education Code.
1308	1308	(c) If a residential treatment facility established under
1309	1309	this section is unable to provide adequate and sufficient
1310	1310	educational opportunities and services to juveniles residing at the
1311	1311	facility, the facility may not continue to operate beyond the end of
1312	1312	the school year in which the opportunities or services provided by
1313	1313	the facility are determined to be inadequate or insufficient.
1314	1314	(d) Notwithstanding any other law and in addition to the
1315	1315	number of charters allowed under Subchapter D, Chapter 12,
1316	1316	Education Code, the State Board of Education shall grant a charter
1317	1317	on the application of a residential treatment facility established
1318	1318	under this section for a school chartered for the purposes of this
1319	1319	section.
1320	1320	CHAPTER 222. STANDARDS FOR AND REGULATION OF [SUBCHAPTER D.
1321	1321	PROVISIONS RELATING TO] CERTAIN OFFICERS AND EMPLOYEES
1322	1322	SUBCHAPTER A. STANDARDS FOR AND GENERAL REGULATION OF OFFICERS
1323	1323	Sec. 222.001 [141.061]. MINIMUM STANDARDS FOR PROBATION
1324	1324	OFFICERS. (a) To be eligible for appointment as a probation
1325	1325	officer, a person who was not employed as a probation officer before
1326	1326	September 1, 1981, must:
1327	1327	(1) be of good moral character;
1328	1328	(2) have acquired a bachelor's degree conferred by a
1329	1329	college or university accredited by an accrediting organization
1330	1330	recognized by the Texas Higher Education Coordinating Board;
1331	1331	(3) have either:
1332	1332	(A) one year of graduate study in criminology,
1333	1333	corrections, counseling, law, social work, psychology, sociology,
1334	1334	or other field of instruction approved by the department
1335	1335	[commission]; or
1336	1336	(B) one year of experience in full-time case
1337	1337	work, counseling, or community or group work:
1338	1338	(i) in a social service, community,
1339	1339	corrections, or juvenile agency that deals with offenders or
1340	1340	disadvantaged persons; and
1341	1341	(ii) that the department [commission]
1342	1342	determines provides the kind of experience necessary to meet this
1343	1343	requirement;
1344	1344	(4) have satisfactorily completed the course of
1345	1345	preservice training or instruction and any continuing education
1346	1346	required by the department [commission];
1347	1347	(5) have passed the tests or examinations required by
1348	1348	the department [commission]; and
1349	1349	(6) possess the level of certification required by the
1350	1350	department [commission].
1351	1351	(b) The board [commission] by rule may authorize the waiver
1352	1352	of the requirement of a year of graduate study or full-time
1353	1353	employment experience if the authority responsible for employing
1354	1354	the officer establishes to the satisfaction of the department
1355	1355	[commission] that, after a diligent search, the authority cannot
1356	1356	locate a person meeting that requirement to fill a job opening.
1357	1357	(c) The board [commission] by rule may authorize the
1358	1358	temporary employment of a person who has not completed a course of
1359	1359	preservice training, passed the examination, or attained the
1360	1360	required level of certification, contingent on the person meeting
1361	1361	those requirements within the time specified by the board
1362	1362	[commission].
1363	1363	(d) A person must possess the level of training, experience,
1364	1364	and certification required by the department [commission] to be
1365	1365	eligible for employment in a probation office in a position
1366	1366	supervising other probation officers. The department [commission]
1367	1367	may require several levels of certification to reflect increasing
1368	1368	levels of responsibility. A department [commission] rule relating
1369	1369	to levels of certification does not affect the continued employment
1370	1370	of a probation officer in a supervisory position if the person holds
1371	1371	that position on the date on which the rule takes effect.
1372	1372	(e) The department [commission] may waive any certification
1373	1373	requirement, except a fee requirement, for an applicant who has a
1374	1374	valid certification from another state that has certification
1375	1375	requirements that are substantially equivalent to the requirements
1376	1376	in this state.
1377	1377	(f) The department [commission] may waive the degree
1378	1378	accreditation requirement in Subsection (a)(2) if the applicant
1379	1379	possesses a foreign or other degree that the department
1380	1380	[commission] determines is the substantial equivalent of a
1381	1381	bachelor's degree. The board [commission] shall adopt rules
1382	1382	defining the procedures to be used to request a waiver of the
1383	1383	accreditation requirement in Subsection (a)(2).
1384	1384	Sec. 222.002 [141.0611]. MINIMUM STANDARDS FOR DETENTION
1385	1385	OFFICERS. To be eligible for appointment as a detention officer, a
1386	1386	person who was not employed as a detention officer before September
1387	1387	1, 2005, must:
1388	1388	(1) be of good moral character;
1389	1389	(2) be at least 21 years of age;
1390	1390	(3) have acquired a high school diploma or its
1391	1391	equivalent;
1392	1392	(4) have satisfactorily completed the course of
1393	1393	preservice training or instruction required by the department
1394	1394	[commission];
1395	1395	(5) have passed the tests or examinations required by
1396	1396	the department [commission]; and
1397	1397	(6) possess the level of certification required by the
1398	1398	department [commission].
1399	1399	Sec. 222.003 [141.0612]. MINIMUM STANDARDS FOR CERTAIN
1400	1400	EMPLOYEES OF NONSECURE CORRECTIONAL FACILITIES. (a) The board
1401	1401	[commission] by rule shall adopt certification standards for
1402	1402	persons who are employed in nonsecure correctional facilities that
1403	1403	accept only juveniles who are on probation and that are operated by
1404	1404	or under contract with a governmental unit, as defined by Section
1405	1405	101.001, Civil Practice and Remedies Code.
1406	1406	(b) The certification standards adopted under Subsection
1407	1407	(a) must be substantially similar to the certification requirements
1408	1408	for detention officers under Section 222.002 [141.0611].
1409	1409	Sec. 222.004. PERSONS WHO MAY NOT ACT AS CHIEF
1410	1410	ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a) A
1411	1411	peace officer, prosecuting attorney, or other person who is
1412	1412	employed by or who reports directly to a law enforcement or
1413	1413	prosecution official may not act as a chief administrative,
1414	1414	juvenile probation, or detention officer or be made responsible for
1415	1415	supervising a juvenile on probation.
1416	1416	(b) For purposes of this section, a chief administrative
1417	1417	officer, regardless of title, is the person who is:
1418	1418	(1) hired or appointed by or under contract with the
1419	1419	juvenile board; and
1420	1420	(2) responsible for the oversight of the operations of
1421	1421	the juvenile probation department or any juvenile justice program
1422	1422	operated by or under the authority of the juvenile board.
1423	1423	Sec. 222.005. CARRYING OF FIREARM BY CERTAIN OFFICERS
1424	1424	PROHIBITED. (a) A juvenile probation, detention, or corrections
1425	1425	officer may not carry a firearm in the course of the person's
1426	1426	official duties.
1427	1427	(b) This section does not apply to:
1428	1428	(1) an employee of the department; or
1429	1429	(2) a juvenile probation officer authorized to carry a
1430	1430	firearm under Section 142.006.
1431	1431	Sec. 222.006. PROBATION OFFICER: COUNTY EMPLOYEE. A
1432	1432	juvenile probation officer whose jurisdiction covers only one
1433	1433	county is considered to be an employee of that county.
1434	1434	SUBCHAPTER B. CERTIFICATION AND EXAMINATION
1435	1435	Sec. 222.051 [141.062]. NOTICE OF CERTIFICATION
1436	1436	EXAMINATION RESULTS. (a) Except as provided by Subsection (b) [of
1437	1437	this section], the department [commission] shall notify each person
1438	1438	taking a certification examination of the results of the
1439	1439	examination not later than the 30th day after the date on which the
1440	1440	examination is administered.
1441	1441	(b) The department [commission] shall notify a person
1442	1442	taking an examination graded or reviewed by a national testing
1443	1443	service of the results not later than the 14th day after the date on
1444	1444	which the department [commission] receives the results from the
1445	1445	testing service.
1446	1446	(c) If the notice of the examination results graded or
1447	1447	reviewed by a national testing service will be delayed for longer
1448	1448	than 90 days after the examination date, the department
1449	1449	[commission] shall notify the person of the reason for the delay
1450	1450	before that 90th day.
1451	1451	Sec. 222.052 [141.063]. ANALYSIS OF EXAMINATION
1452	1452	PERFORMANCE. The department [commission] shall furnish a person
1453	1453	who fails a certification test administered under this chapter with
1454	1454	an analysis of the person's performance on the examination if the
1455	1455	person requests the analysis in writing.
1456	1456	Sec. 222.053 [141.064]. REVOCATION OR SUSPENSION OF
1457	1457	CERTIFICATION. (a) The department [commission] may revoke or
1458	1458	suspend a certification, or reprimand a certified officer:
1459	1459	(1) for a violation of this chapter or a department
1460	1460	[commission] rule; or
1461	1461	(2) if, under Subsection (c), a panel determines that
1462	1462	continued certification of the person threatens juveniles in the
1463	1463	juvenile justice system.
1464	1464	(b) The department [commission] may place on probation a
1465	1465	person whose certification is suspended. If the suspension is
1466	1466	probated, the department [commission] may require the person to:
1467	1467	(1) report regularly to the department [commission] on
1468	1468	matters that are the basis of the probation; and
1469	1469	(2) continue or review professional education until
1470	1470	the person attains a degree of skill satisfactory to the department
1471	1471	[commission] in those areas that are the basis of the probation.
1472	1472	(c) The executive director may convene, in person or
1473	1473	telephonically, a panel of three board [commission] members to
1474	1474	determine if a person's continued certification threatens
1475	1475	juveniles in the juvenile justice system. If the panel determines
1476	1476	that the person's continued certification threatens juveniles in
1477	1477	the juvenile justice system, the person's license is temporarily
1478	1478	suspended until an administrative hearing is held as soon as
1479	1479	possible under Subsection (d). The executive director may convene
1480	1480	a panel under this subsection only if the danger posed by the
1481	1481	person's continued certification is imminent. The panel may hold a
1482	1482	telephonic meeting only if immediate action is required and
1483	1483	convening the panel at one location is inconvenient for any member
1484	1484	of the panel.
1485	1485	(d) A person is entitled to a hearing before the State
1486	1486	Office of Administrative Hearings if the department [commission]
1487	1487	proposes to suspend or revoke the person's certification.
1488	1488	(e) A person may appeal a ruling or order issued under this
1489	1489	section to a district court in the county in which the person
1490	1490	resides or in Travis County. The standard of review is under the
1491	1491	substantial evidence rule.
1492	1492	[Sec. 141.065. PERSONS WHO MAY NOT ACT AS CHIEF
1493	1493	ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a) A
1494	1494	peace officer, prosecuting attorney, or other person who is
1495	1495	employed by or who reports directly to a law enforcement or
1496	1496	prosecution official may not act as a chief administrative,
1497	1497	juvenile probation, or detention officer or be made responsible for
1498	1498	supervising a juvenile on probation.
1499	1499	[(b) For purposes of this section, a chief administrative
1500	1500	officer, regardless of title, is the person who is:
1501	1501	[(1) hired or appointed by or under contract with the
1502	1502	juvenile board; and
1503	1503	[(2) responsible for the oversight of the operations
1504	1504	of the juvenile probation department or any juvenile justice
1505	1505	program operated by or under the authority of the juvenile board.
1506	1506	[Sec. 141.066. CARRYING OF FIREARM BY CERTAIN OFFICERS
1507	1507	PROHIBITED. (a) A juvenile probation, detention, or corrections
1508	1508	officer may not carry a firearm in the course of the person's
1509	1509	official duties.
1510	1510	[(b) This section does not apply to:
1511	1511	[(1) an employee of the Texas Youth Commission; or
1512	1512	[(2) a juvenile probation officer authorized to carry
1513	1513	a firearm under Section 142.006.
1514	1514	[Sec. 141.067. PROBATION OFFICER: COUNTY EMPLOYEE. A
1515	1515	juvenile probation officer whose jurisdiction covers only one
1516	1516	county is considered to be an employee of that county.]
1517	1517	CHAPTER 223 [SUBCHAPTER E]. STATE AID
1518	1518	Sec. 223.001 [141.081]. DETERMINATION OF AMOUNT OF STATE
1519	1519	AID. (a) The department [commission] shall annually allocate
1520	1520	funds for financial assistance to juvenile boards to provide
1521	1521	juvenile services according to current estimates of the number of
1522	1522	juveniles in each county and other factors the department
1523	1523	[commission] determines are appropriate.
1524	1524	(b) The legislature may appropriate the amount of state aid
1525	1525	necessary to supplement local funds to maintain and improve
1526	1526	statewide juvenile services that comply with department
1527	1527	[commission] standards.
1528	1528	(c) The department [commission] may set aside a portion of
1529	1529	the funds appropriated to the department [commission] for state aid
1530	1530	to fund programs designed to address special needs or projects of
1531	1531	local juvenile boards.
1532	1532	[(d) The commission by rule shall, not later than September
1533	1533	1, 2010, establish one or more basic probation services funding
1534	1534	formulas and one or more community corrections funding formulas.
1535	1535	The funding formulas established under this subsection must include
1536	1536	each grant for which the commission, on or before September 1, 2009,
1537	1537	established an allocation formula.]
1538	1538	Sec. 223.002 [141.082]. MAINTENANCE OF LOCAL FINANCIAL
1539	1539	SUPPORT. (a) To receive the full amount of state aid funds for
1540	1540	which a juvenile board may be eligible, a juvenile board must
1541	1541	demonstrate to the department's [commission's] satisfaction that
1542	1542	the amount of local or county funds budgeted for juvenile services
1543	1543	is at least equal to the amount spent, excluding construction and
1544	1544	capital outlay expenses, for those services in the 1994 county
1545	1545	fiscal year. The department [commission] may waive this
1546	1546	requirement only if the juvenile board demonstrates to the
1547	1547	department [commission] that unusual, catastrophic, or exceptional
1548	1548	circumstances existed during the relevant year to affect adversely
1549	1549	the level of county funding. If the required amount of local funding
1550	1550	is not budgeted and the department [commission] does not grant a
1551	1551	waiver, the department [commission] shall reduce the allocation of
1552	1552	state aid funds to the juvenile board by the amount equal to the
1553	1553	amount that the county funding is below the required funding.
1554	1554	(b) For purposes of Subsection (a), the [The] amount spent
1555	1555	on juvenile detention and correctional facilities is included in
1556	1556	determining the amount of local or county funds. The amount spent
1557	1557	for construction or renovation is not included.
1558	1558	(c) The department [commission] must be satisfied at the end
1559	1559	of each county fiscal year that the juvenile board actually spent
1560	1560	local or county funds for juvenile services in the amount
1561	1561	demonstrated to the department [commission] at the beginning of the
1562	1562	fiscal year.
1563	1563	(d) The department [commission] may require a rebate of
1564	1564	state aid, or [may] withhold state aid to which the juvenile board
1565	1565	would otherwise be entitled, as necessary to satisfy the
1566	1566	requirement that a juvenile board spend funds as demonstrated.
1567	1567	Sec. 223.003 [141.083]. SPECIAL RULES FOR MULTI-COUNTY
1568	1568	JURISDICTIONS. If necessary, the board [commission] by rule may
1569	1569	provide for:
1570	1570	(1) the payment of compensation, insurance,
1571	1571	retirement, fringe benefits, and related matters to a juvenile
1572	1572	probation officer whose jurisdiction covers more than one county;
1573	1573	(2) the centralization of administrative
1574	1574	responsibility associated with the state aid program in a county
1575	1575	included in a multi-county jurisdiction; and
1576	1576	(3) the application of Section 223.001 [141.081 of
1577	1577	this code] to a multi-county jurisdiction.
1578	1578	Sec. 223.004 [141.084]. PAYMENT OF STATE AID. (a) When the
1579	1579	department [commission] determines that a juvenile board complies
1580	1580	with the department's [commission's] standards, the department
1581	1581	[commission] shall submit to the comptroller a voucher for payment
1582	1582	to a juvenile board of the amount of state aid to which the board is
1583	1583	entitled.
1584	1584	(b) The juvenile board's fiscal officer shall deposit all
1585	1585	state aid received under this chapter in a special fund. The
1586	1586	juvenile board may use the funds solely to provide juvenile
1587	1587	probation services.
1588	1588	(c) A juvenile board receiving state aid under this chapter
1589	1589	is subject to audit by:
1590	1590	(1) the Legislative Budget Board;
1591	1591	(2) [,] the governor's budget, policy, and planning
1592	1592	office;
1593	1593	(3) [,] the state auditor; [,] and
1594	1594	(4) the comptroller.
1595	1595	(d) A juvenile board receiving state aid under this chapter
1596	1596	shall submit reports as required by the department [commission].
1597	1597	Sec. 223.005 [141.085]. REFUSAL, REDUCTION, OR SUSPENSION
1598	1598	OF STATE AID. (a) The department [commission] may refuse, reduce,
1599	1599	or suspend payment of state aid to:
1600	1600	(1) a juvenile board that fails to comply with the
1601	1601	department's [commission's] rules or fails to maintain local
1602	1602	financial support; or
1603	1603	(2) a county that fails to comply with the minimum
1604	1604	standards provided under Section 221.002(a)(4) [141.042(a)(4)].
1605	1605	(b) The department [commission] shall provide for notice
1606	1606	and a hearing in a case in which the department [it] refuses,
1607	1607	reduces, or suspends state aid.
1608	1608	Sec. 223.006 [141.086]. FUNDING AND CONSTRUCTION OF
1609	1609	POST-ADJUDICATION FACILITIES. (a) The department [commission] may
1610	1610	provide state aid to a county to acquire, construct, and equip
1611	1611	post-adjudication residential or day-treatment centers from money
1612	1612	appropriated for those purposes. The facilities may be used for
1613	1613	children who are placed on probation by a juvenile court under
1614	1614	Section 54.04, Family Code, as an alternative to commitment to the
1615	1615	facilities of the department [Texas Youth Commission].
1616	1616	(b) State funds provided to counties under Subsection (a)
1617	1617	must be matched by local funds equal to at least one-fourth of the
1618	1618	state funds.
1619	1619	(c) From money appropriated for construction of the
1620	1620	facilities described by Subsection (a), the department
1621	1621	[commission] shall contract with the Texas Department of Criminal
1622	1622	Justice for construction management services, including:
1623	1623	(1) evaluation of project plans and specifications;
1624	1624	and
1625	1625	(2) review and comment on the selection of architects
1626	1626	and engineers, change orders, and sufficiency of project
1627	1627	inspection.
1628	1628	(d) On completion of the review of project plans and
1629	1629	specifications under Subsection (c), the Texas Department of
1630	1630	Criminal Justice shall issue a comprehensive report that states in
1631	1631	detail the proposed cost of the project. The department
1632	1632	[commission] shall use the report in making a comparative
1633	1633	evaluation of proposed projects and shall give priority to the
1634	1634	projects the department [commission] finds are the most effective
1635	1635	and economical.
1636	1636	(e) The department [commission] may not award money for a
1637	1637	capital construction project for a facility under this section
1638	1638	unless the department [commission] receives from the commissioners
1639	1639	court of the county intending to use the facility a written
1640	1640	commitment that the commissioners court has reviewed and accepted
1641	1641	the conditions of the award. If more than one county intends to use
1642	1642	the facility, the department [commission] must receive from each
1643	1643	county a written commitment that the county will agree with the
1644	1644	other counties to an interlocal contract to operate the facility in
1645	1645	accordance with the conditions of the award.
1646	1646	(f) A county receiving state aid under this section shall
1647	1647	adhere to department [commission] standards for the construction
1648	1648	and operation of a post-adjudication secure residential facility.
1649	1649	(g) For a facility constructed under this section, not more
1650	1650	than 25 percent of the operating costs of the facility may be
1651	1651	reimbursed by the department [commission].
1652	1652	(h) It is the intent of the legislature to appropriate the
1653	1653	full amount of money authorized under Subsection (g).
1654	1654	(i) [The commission shall conduct an annual audit of the
1655	1655	operating costs for a fiscal year of a facility constructed under
1656	1656	this section for each fiscal year through fiscal year 1999. The
1657	1657	commission shall submit a report on the results of the audit to the
1658	1658	Legislative Budget Board and the governor not later than the 60th
1659	1659	day after the last day of the fiscal year covered by the audit.
1660	1660	[(j)] In this section, "operating costs" means the
1661	1661	operating costs of a facility at an 80-percent occupancy rate.
1662	1662	SECTION 1.005. Title 12, Human Resources Code, as added by
1663	1663	this Act, is amended by adding Subtitle C, and a heading is added to
1664	1664	read as follows:
1665	1665	SUBTITLE C. SECURE FACILITIES
1666	1666	SECTION 1.006. Subchapter G, Chapter 61, Human Resources
1667	1667	Code, is transferred to Subtitle C, Title 12, Human Resources Code,
1668	1668	as added by this Act, redesignated as Chapter 241, and amended to
1669	1669	read as follows:
1670	1670	CHAPTER 241. GENERAL [SUBCHAPTER G. MISCELLANEOUS] PROVISIONS
1671	1671	Sec. 241.001 [61.091]. COOPERATION OF OTHER AGENCIES. To
1672	1672	effectuate the purpose of this subtitle [chapter] and to make
1673	1673	maximum use of existing facilities and personnel, all departments
1674	1674	and agencies of the state and all officers and employees of the
1675	1675	state, when requested by the department [commission], shall
1676	1676	cooperate with the department [it] in all activities consistent
1677	1677	with their proper functions.
1678	1678	Sec. 241.0015 [61.0911]. [COORDINATED] STRATEGIC PLAN.
1679	1679	The department [Texas Youth Commission] shall biennially develop
1680	1680	[with the Texas Juvenile Probation Commission] a [coordinated]
1681	1681	strategic plan in the manner described by Section 221.009 [Sections
1682	1682	141.0471 and 141.0472].
1683	1683	Sec. 241.002 [61.092]. NO FORFEITURE OF CERTAIN CIVIL
1684	1684	RIGHTS. Commitment of a child to the custody of the department
1685	1685	[commission] does not disqualify the child in any future
1686	1686	examination, appointment, or application for public service under
1687	1687	the government of the state or of any political subdivision of the
1688	1688	state.
1689	1689	[Sec. 61.093. ESCAPE AND APPREHENSION. (a) If a child who
1690	1690	has been committed to the commission and placed by it in any
1691	1691	institution or facility has escaped or has been released under
1692	1692	supervision and broken the conditions of release:
1693	1693	[(1) a sheriff, deputy sheriff, constable, or police
1694	1694	officer may, without a warrant, arrest the child; or
1695	1695	[(2) a commission employee designated by the executive
1696	1696	commissioner may, without a warrant or other order, take the child
1697	1697	into the custody of the commission.
1698	1698	[(b) A child who is arrested or taken into custody under
1699	1699	Subsection (a) may be detained in any suitable place, including an
1700	1700	adult jail facility if the person is 17 years of age or older, until
1701	1701	the child is returned to the custody of the commission or
1702	1702	transported to a commission facility.
1703	1703	[(c) Notwithstanding Section 58.005, Family Code, the
1704	1704	commission may disseminate to the public the following information
1705	1705	relating to a child who has escaped from custody:
1706	1706	[(1) the child's name, including other names by which
1707	1707	the child is known;
1708	1708	[(2) the child's physical description, including sex,
1709	1709	weight, height, race, ethnicity, eye color, hair color, scars,
1710	1710	marks, and tattoos;
1711	1711	[(3) a photograph of the child; and
1712	1712	[(4) if necessary to protect the welfare of the
1713	1713	community, any other information that reveals dangerous
1714	1714	propensities of the child or expedites the apprehension of the
1715	1715	child.
1716	1716	[Sec. 61.0931. APPREHENSION SPECIALISTS. (a) The
1717	1717	commission may employ and commission apprehension specialists as
1718	1718	peace officers for the purpose of apprehending a child under
1719	1719	Section 61.093.
1720	1720	[(b) Peace officers employed and commissioned under
1721	1721	Subsection (a) must be certified by the Commission on Law
1722	1722	Enforcement Officer Standards and Education under Chapter 415,
1723	1723	Government Code.]
1724	1724	Sec. 241.003 [61.094]. YOUTH DEVELOPMENT COUNCIL FUND. The
1725	1725	youth development council fund exists in the treasury as a special
1726	1726	fund for the purposes provided by law.
1727	1727	Sec. 241.004 [61.095]. REQUEST FOR CERTAIN RECORDS. For
1728	1728	the purpose of offering a record as evidence in the punishment phase
1729	1729	of a criminal proceeding, a prosecuting attorney may obtain the
1730	1730	record of a defendant's adjudication that is admissible under
1731	1731	Section 3(a), Article 37.07, Code of Criminal Procedure, by
1732	1732	submitting a request for the record to the department [commission].
1733	1733	If the department [commission] has a record to which the
1734	1734	prosecuting attorney is entitled under this section, the department
1735	1735	[commission] shall furnish a copy of the record to the prosecuting
1736	1736	attorney. Otherwise, the department [commission] shall notify the
1737	1737	prosecuting attorney that the department [commission] does not have
1738	1738	a record to which the attorney is entitled under this section.
1739	1739	Sec. 241.005 [61.096]. LIABILITY OF VOLUNTEERS. (a)
1740	1740	Except as provided by Subsection (b), a volunteer is not liable for
1741	1741	damages arising from an act or omission that results in personal
1742	1742	injury, death, or property damage if the act or omission is:
1743	1743	(1) in the course and scope of the volunteer's duties
1744	1744	as a volunteer; and
1745	1745	(2) not intentional or grossly negligent.
1746	1746	(b) A volunteer is liable for personal injury, death, or
1747	1747	property damage proximately caused by an act or omission related to
1748	1748	the operation or use of any motor-driven equipment to the extent of
1749	1749	the greater of:
1750	1750	(1) the amount of financial responsibility required
1751	1751	for the motor-driven equipment, if any, under Chapter 601,
1752	1752	Transportation Code; or
1753	1753	(2) the amount of any liability insurance coverage
1754	1754	that applies to the act or omission.
1755	1755	(c) In this section, "volunteer" means an individual
1756	1756	rendering services for or on behalf of the department [commission]
1757	1757	who does not receive compensation in excess of reimbursement for
1758	1758	expenses incurred.
1759	1759	Sec. 241.006 [61.097]. APPLICATION OF LAW RELATING TO FREE
1760	1760	EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice
1761	1761	and Remedies Code, an ordinance, rule, order, decision, or practice
1762	1762	that applies to a person in the custody of a juvenile detention
1763	1763	facility or other correctional facility operated by or under a
1764	1764	contract with the department [commission], a county, or a juvenile
1765	1765	probation department is presumed to be in furtherance of a
1766	1766	compelling governmental interest and the least restrictive means of
1767	1767	furthering that interest. The presumption may be rebutted.
1768	1768	Sec. 241.007 [61.098]. CERTAIN CRIMES CONCERNING THE
1769	1769	DEPARTMENT [COMMISSION]. (a) In this section, "special
1770	1770	prosecution unit" means the special prosecution unit established
1771	1771	under Subchapter E, Chapter 41, Government Code.
1772	1772	(b) As appropriate, the district attorney, criminal
1773	1773	district attorney, or county attorney representing the state in
1774	1774	criminal matters before the district or inferior courts of the
1775	1775	county who would otherwise represent the state in the prosecution
1776	1776	of an offense or delinquent conduct concerning the department
1777	1777	[commission] and described by Article 104.003(a), Code of Criminal
1778	1778	Procedure, may request that the special prosecution unit prosecute,
1779	1779	or assist in the prosecution of, the offense or delinquent conduct.
1780	1780	(c) The office of inspector general operated under
1781	1781	Subchapter C, Chapter 242, shall on a quarterly basis prepare and
1782	1782	deliver to the board of directors of the special prosecution unit a
1783	1783	report concerning:
1784	1784	(1) any alleged criminal offense or delinquent conduct
1785	1785	concerning the department [commission] and described by Article
1786	1786	104.003(a), Code of Criminal Procedure, that occurred during the
1787	1787	preceding calendar quarter; and
1788	1788	(2) the disposition of any case involving a criminal
1789	1789	offense or delinquent conduct concerning the department
1790	1790	[commission] and described by Article 104.003(a), Code of Criminal
1791	1791	Procedure, that occurred during the preceding calendar quarter.
1792	1792	(d) Notwithstanding Subsection (c), the office of inspector
1793	1793	general shall immediately provide the special prosecution unit with
1794	1794	a report concerning an alleged criminal offense or delinquent
1795	1795	conduct concerning the department [commission] and described by
1796	1796	Article 104.003(a), Code of Criminal Procedure, if the chief
1797	1797	inspector general reasonably believes the offense or conduct is
1798	1798	particularly serious and egregious.
1799	1799	(e) The chief inspector general of the office of inspector
1800	1800	general, at the direction of the board of directors of the special
1801	1801	prosecution unit, shall notify the foreman of the appropriate grand
1802	1802	jury, in the manner provided by Article 20.09, Code of Criminal
1803	1803	Procedure, if:
1804	1804	(1) the chief inspector general receives credible
1805	1805	evidence of illegal or improper conduct by department [commission]
1806	1806	officers, employees, or contractors that the inspector general
1807	1807	reasonably believes jeopardizes the health, safety, and welfare of
1808	1808	children in the custody of the department [commission];
1809	1809	(2) the chief inspector general reasonably believes
1810	1810	the conduct:
1811	1811	(A) could constitute an offense under Article
1812	1812	104.003(a), Code of Criminal Procedure; and
1813	1813	(B) involves the alleged physical or sexual abuse
1814	1814	of a child in the custody of a department [commission] facility or
1815	1815	an investigation related to the alleged abuse; and
1816	1816	(3) the chief inspector general has reason to believe
1817	1817	that information concerning the conduct has not previously been
1818	1818	presented to the appropriate grand jury.
1819	1819	Sec. 241.008 [61.099]. DUTY TO FILE COMPLAINT WITH LAW
1820	1820	ENFORCEMENT AGENCY. If the executive director [commissioner] has
1821	1821	reasonable cause to believe that a child in the custody of the
1822	1822	department [commission] is the victim of a crime committed at a
1823	1823	department [commission] facility operated under this subtitle, the
1824	1824	executive director [commissioner] shall immediately file a
1825	1825	complaint with the appropriate law enforcement agency.
1826	1826	SECTION 1.007. Subchapters C, D, E, and F, Chapter 61, Human
1827	1827	Resources Code, are transferred to Subtitle C, Title 12, Human
1828	1828	Resources Code, as added by this Act, redesignated as Chapters 242,
1829	1829	243, 244, and 245, respectively, and amended to read as follows:
1830	1830	CHAPTER 242. OPERATION OF SECURE FACILITIES
1831	1831	SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS [SUBCHAPTER C.
1832	1832	POWERS AND DUTIES]
1833	1833	Sec. 242.001. ACCREDITATION BY AMERICAN CORRECTIONAL
1834	1834	ASSOCIATION. The board shall adopt a plan for each correctional
1835	1835	facility operated by or under contract with the department under
1836	1836	this subtitle to be accredited by the American Correctional
1837	1837	Association. The department shall implement the plans.
1838	1838	Sec. 242.002. STUDY OF TREATMENT METHODS; STATISTICAL
1839	1839	RECORDS. (a) The department shall conduct continuing inquiry into
1840	1840	the effectiveness of the treatment methods the department employs
1841	1841	in the reformation of children. To this end, the department shall
1842	1842	maintain a record of arrests and commitments of its wards
1843	1843	subsequent to their discharge from the jurisdiction of the
1844	1844	department and shall tabulate, analyze, and publish biennially the
1845	1845	data for use in evaluating the relative merits of treatment
1846	1846	methods.
1847	1847	(b) The department shall cooperate with courts and private
1848	1848	and public agencies in the collection of statistics and information
1849	1849	regarding juvenile delinquency, arrests made, complaints,
1850	1850	informations, and petitions filed, and the dispositions made of
1851	1851	them, and other information useful in determining the amount and
1852	1852	causes of juvenile delinquency in this state.
1853	1853	[Sec. 61.031. CONTINUING STUDY. The commission shall carry
1854	1854	on a continuing study of the problem of juvenile delinquency in this
1855	1855	state and shall seek to focus public attention on special solutions
1856	1856	to this problem.]
1857	1857	Sec. 242.003 [61.0315]. EVALUATION OF TREATMENT PROGRAMS;
1858	1858	AVAILABILITY. (a) The department [commission] shall annually
1859	1859	review the effectiveness of the department's [commission's]
1860	1860	programs for the rehabilitation and reestablishment in society of
1861	1861	children committed to the department [commission], including
1862	1862	programs for sex offenders, capital offenders, children who are
1863	1863	chemically dependent, emotionally disturbed children, and females.
1864	1864	(b) On or before December 31 of each year, the department
1865	1865	[commission] shall make a report on the effectiveness of the
1866	1866	programs to the Legislative Budget Board.
1867	1867	(c) The department [commission] shall offer or make
1868	1868	available programs described by Subsection (a) in an adequate
1869	1869	manner so that a child in the custody of the department [commission]
1870	1870	receives appropriate rehabilitation services recommended for the
1871	1871	child by the court committing the child to the department
1872	1872	[commission].
1873	1873	(d) If the department [commission] is unable to offer or
1874	1874	make available programs described by Subsection (a) in the manner
1875	1875	provided by Subsection (c), the department [commission] shall, not
1876	1876	later than January 10 of each odd-numbered year, provide the
1877	1877	standing committees of the senate and house of representatives with
1878	1878	primary jurisdiction over matters concerning correctional
1879	1879	facilities with a report explaining:
1880	1880	(1) which programs are not offered or are unavailable;
1881	1881	and
1882	1882	(2) the reason the programs are not offered or are
1883	1883	unavailable.
1884	1884	(e) The department [commission] shall periodically review,
1885	1885	document, and compare the accessibility and funding of treatment
1886	1886	programs provided to female children committed to the department
1887	1887	[commission] to the accessibility and funding of treatment provided
1888	1888	to male children committed to the department [commission].
1889	1889	[Sec. 61.032. ADMINISTRATION OF INSTITUTIONS. The
1890	1890	commission shall administer the training, diagnostic treatment,
1891	1891	and supervisory facilities and services of the state for children
1892	1892	committed to the commission and shall manage and direct all
1893	1893	institutions and training school facilities under the authority of
1894	1894	the commission.
1895	1895	[Sec. 61.033. ANNUAL FINANCIAL REPORT. The commission
1896	1896	shall prepare annually a complete and detailed written report
1897	1897	accounting for all funds received and disbursed by the commission
1898	1898	during the preceding fiscal year. The annual report must meet the
1899	1899	reporting requirements applicable to financial reporting provided
1900	1900	in the General Appropriations Act.
1901	1901	[Sec. 61.0331. INTERNAL AUDIT; REPORT. (a) The commission
1902	1902	shall regularly conduct internal audits of the commission,
1903	1903	including audits of:
1904	1904	[(1) correctional facilities operated by and under
1905	1905	contract with the commission; and
1906	1906	[(2) medical services provided to children in the
1907	1907	custody of the commission.
1908	1908	[(b) The commission shall on a quarterly basis report the
1909	1909	results of the audits to:
1910	1910	[(1) the committees of the senate and house of
1911	1911	representatives with primary jurisdiction over matters concerning
1912	1912	correctional facilities; and
1913	1913	[(2) the state auditor.]
1914	1914	Sec. 242.006 [61.034]. POLICIES AND RULES. (a) The board
1915	1915	[executive commissioner] is responsible for the review and approval
1916	1916	[adoption] of all policies and shall make rules appropriate to the
1917	1917	proper accomplishment of the department's [commission's]
1918	1918	functions. The board may delegate to the executive director the
1919	1919	board's responsibility for the adoption of certain policies as
1920	1920	appropriate for the proper accomplishment of the department's
1921	1921	functions relating to state-operated facilities and the
1922	1922	department's personnel.
1923	1923	(b) The board [executive commissioner] shall adopt rules
1924	1924	for the government of the schools, facilities, and programs under
1925	1925	the department's [commission's] authority under this subtitle and
1926	1926	shall see that the schools, facilities, and programs are conducted
1927	1927	according to law and to the board's [executive commissioner's]
1928	1928	rules.
1929	1929	(c) The purpose of the rules and of all education, work,
1930	1930	training, discipline, and recreation adopted under this section[,]
1931	1931	and of all other activities in the schools, facilities, and
1932	1932	programs is to restore and increase the self-respect and
1933	1933	self-reliance of the children [youth] under the authority of the
1934	1934	department [commission] and to qualify those children [them] for
1935	1935	good citizenship and honorable employment.
1936	1936	[Sec. 61.0345. MISSION STATEMENT. The commission shall
1937	1937	develop and adopt a statement regarding the role and mission of the
1938	1938	commission.]
1939	1939	Sec. 242.007 [61.035]. EMPLOYEES. (a) Within the limits
1940	1940	specified by legislative appropriation, the department
1941	1941	[commission] may employ and compensate personnel necessary to carry
1942	1942	out the department's [its] duties.
1943	1943	(b) Except as otherwise provided by this subchapter
1944	1944	[chapter], an employee of the department [commission] is employed
1945	1945	on an at-will basis.
1946	1946	(c) The department [commission] shall establish procedures
1947	1947	and practices governing:
1948	1948	(1) employment-related grievances submitted by
1949	1949	department [commission] employees; and
1950	1950	(2) disciplinary actions within the department
1951	1951	[commission], including a procedure allowing a department
1952	1952	[commission] employee to elect to participate in an independent
1953	1953	dismissal mediation if the employee is recommended for dismissal.
1954	1954	Sec. 242.008 [61.0351]. PROFESSIONAL INFORMATION FOR
1955	1955	ADVISORY BOARD MEMBERS AND EMPLOYEES. The executive director
1956	1956	[commissioner] shall provide to members of any applicable [the]
1957	1957	advisory board and to department [commission] employees, as often
1958	1958	as is necessary, information regarding qualifications [their
1959	1959	qualification] for office or employment under this chapter and
1960	1960	[their] responsibilities under applicable laws relating to
1961	1961	standards of conduct for state officers or employees.
1962	1962	[Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board shall
1963	1963	develop and implement policies that clearly separate the
1964	1964	policymaking responsibilities of the board and the management
1965	1965	responsibilities of the staff of the commission.]
1966	1966	Sec. 242.009 [61.0353]. INTRA-AGENCY CAREER LADDER
1967	1967	PROGRAM. The program shall require intra-agency posting of all
1968	1968	positions concurrently with any public postings.
1969	1969	Sec. 242.010 [61.0354]. JOB PERFORMANCE EVALUATIONS. The
1970	1970	executive director [commissioner] shall develop a system of annual
1971	1971	performance evaluations that are based on documented employee
1972	1972	performance. All merit pay for department [commission] employees
1973	1973	must be based on the system established under this section.
1974	1974	Sec. 242.011 [61.0355]. EQUAL EMPLOYMENT OPPORTUNITY
1975	1975	POLICY STATEMENT. (a) The executive director [commissioner] shall
1976	1976	prepare and maintain a written policy statement to assure
1977	1977	implementation of a program of equal employment opportunity under
1978	1978	which all personnel transactions are made without regard to race,
1979	1979	color, disability, sex, religion, age, or national origin. The
1980	1980	policy statement shall include:
1981	1981	(1) personnel policies, including policies relating
1982	1982	to recruitment, evaluation, selection, appointment, training, and
1983	1983	promotion of personnel that are in compliance with requirements of
1984	1984	Chapter 21, Labor Code;
1985	1985	(2) a comprehensive analysis of the department's
1986	1986	[commission's] work force that meets federal or state laws, rules,
1987	1987	and regulations and instructions promulgated directly from those
1988	1988	laws, rules, and regulations;
1989	1989	(3) procedures by which a determination can be made
1990	1990	about the extent of underuse in the department's [commission's]
1991	1991	work force of all persons of whom federal or state laws, rules, and
1992	1992	regulations and instructions promulgated directly from those laws,
1993	1993	rules, and regulations encourage a more equitable balance; and
1994	1994	(4) reasonable methods to appropriately address those
1995	1995	areas of underuse.
1996	1996	(b) A policy statement prepared under Subsection (a) must
1997	1997	cover an annual period, be updated annually, be reviewed by the
1998	1998	Texas Workforce Commission [on Human Rights] for compliance with
1999	1999	Subsection (a)(1), and be filed with the governor's office.
2000	2000	(c) The governor's office shall deliver a biennial report to
2001	2001	the legislature based on the information received under Subsection
2002	2002	(b). The report may be made separately or as a part of other
2003	2003	biennial reports made to the legislature.
2004	2004	Sec. 242.012 [61.0356]. JUVENILE CORRECTIONAL OFFICERS;
2005	2005	STAFFING. (a) In this section, "juvenile correctional officer"
2006	2006	means a department [an] employee whose primary duties include [duty
2007	2007	includes] the custodial supervision of children in the custody of
2008	2008	the department [commission].
2009	2009	(b) The department [commission] shall provide each juvenile
2010	2010	correctional officer employed by the department [commission] with
2011	2011	at least 300 hours of training, which must include on-the-job
2012	2012	training, before the officer independently commences the officer's
2013	2013	duties at the facility. The training must provide the officer with
2014	2014	information and instruction related to the officer's duties,
2015	2015	including information and instruction concerning:
2016	2016	(1) the juvenile justice system of this state,
2017	2017	including the juvenile correctional facility system;
2018	2018	(2) security procedures;
2019	2019	(3) the supervision of children committed to the
2020	2020	department [commission];
2021	2021	(4) signs of suicide risks and suicide precautions;
2022	2022	(5) signs and symptoms of the abuse, assault, neglect,
2023	2023	and exploitation of a child, including sexual abuse and sexual
2024	2024	assault, and the manner in which to report the abuse, assault,
2025	2025	neglect, or exploitation of a child;
2026	2026	(6) the neurological, physical, and psychological
2027	2027	development of adolescents;
2028	2028	(7) department [commission] rules and regulations,
2029	2029	including rules, regulations, and tactics concerning the use of
2030	2030	force;
2031	2031	(8) appropriate restraint techniques;
2032	2032	(9) the Prison Rape Elimination Act of 2003 (42 U.S.C.
2033	2033	Section 15601, et seq.);
2034	2034	(10) the rights and responsibilities of children in
2035	2035	the custody of the department [commission];
2036	2036	(11) interpersonal relationship skills;
2037	2037	(12) the social and cultural lifestyles of children in
2038	2038	the custody of the department [commission];
2039	2039	(13) first aid and cardiopulmonary resuscitation;
2040	2040	(14) counseling techniques;
2041	2041	(15) conflict resolution and dispute mediation,
2042	2042	including de-escalation techniques;
2043	2043	(16) behavior management;
2044	2044	(17) mental health issues; and
2045	2045	(18) employee rights, employment discrimination, and
2046	2046	sexual harassment.
2047	2047	(c) The department [commission] may employ part-time
2048	2048	juvenile correctional officers. A part-time juvenile correctional
2049	2049	officer is subject to the training requirements of this section.
2050	2050	(d) In each correctional facility operated by the
2051	2051	department [commission] that has a dormitory, including an open-bay
2052	2052	dormitory, the department [commission] must maintain a ratio of not
2053	2053	less than one juvenile correctional officer performing direct
2054	2054	supervisory duties for every 12 persons committed to the facility.
2055	2055	(e) The department [commission] shall consider the age of a
2056	2056	juvenile correctional officer or other department [commission]
2057	2057	employee who performs direct supervisory duties when determining
2058	2058	the placement of the officer or employee in a department
2059	2059	[commission] facility so that, to the extent practicable, an
2060	2060	officer or employee is not supervising a child who is not more than
2061	2061	three years younger than the officer or employee or is otherwise a
2062	2062	similar age to the officer or employee.
2063	2063	(f) The department [commission] shall rotate the assignment
2064	2064	of each juvenile correctional officer at an interval determined by
2065	2065	the department [commission] so that a juvenile correctional officer
2066	2066	is not assigned to the same station for an extended period of time.
2067	2067	(g) The department [commission] shall ensure that at least
2068	2068	one juvenile correctional officer is assigned to supervise in or
2069	2069	near a classroom or other location in which children receive
2070	2070	education services or training at the time the children are
2071	2071	receiving the education services or training.
2072	2072	(h) The board [commission] shall adopt rules necessary to
2073	2073	administer this section.
2074	2074	Sec. 242.013 [61.0357]. REQUIRED BACKGROUND AND CRIMINAL
2075	2075	HISTORY CHECKS. (a) In this section, "national[:
2076	2076	[(1) "Department" means the Department of Public
2077	2077	Safety.
2078	2078	[(2) "National] criminal history record information"
2079	2079	means criminal history record information obtained from the
2080	2080	Department of Public Safety [department] under Subchapter F,
2081	2081	Chapter 411, Government Code, and from the Federal Bureau of
2082	2082	Investigation under Section 411.087, Government Code.
2083	2083	(b) The executive director [commissioner] shall review the
2084	2084	national criminal history record information, state criminal
2085	2085	history record information maintained by the Department of Public
2086	2086	Safety [department], and previous and current employment
2087	2087	references of each person who:
2088	2088	(1) is an employee, contractor, volunteer, ombudsman,
2089	2089	or advocate working for the department [commission] or working in a
2090	2090	department [commission] facility or a facility under contract with
2091	2091	the department [commission];
2092	2092	(2) provides direct delivery of services to children
2093	2093	in the custody of the department [commission]; or
2094	2094	(3) has access to records in department [commission]
2095	2095	facilities or offices.
2096	2096	(c) To enable the executive director [commissioner] to
2097	2097	conduct the review, the board [commission] shall adopt rules
2098	2098	requiring a person described by Subsection (b) to electronically
2099	2099	provide the Department of Public Safety [department] with a
2100	2100	complete set of the person's fingerprints in a form and of a quality
2101	2101	acceptable to the Department of Public Safety [department] and the
2102	2102	Federal Bureau of Investigation.
2103	2103	(d) For each person described by Subsection (b), the
2104	2104	executive director [commissioner] shall review on an annual basis
2105	2105	the person's national criminal history record information.
2106	2106	(e) The department [commission] shall ensure that the
2107	2107	system used to check state criminal history record information
2108	2108	maintained by the Department of Public Safety [department] is
2109	2109	capable of providing real time arrest information.
2110	2110	(f) The board [commission] by rule may require a person
2111	2111	described by Subsection (b) to pay a fee related to the first
2112	2112	national criminal history record information review conducted
2113	2113	under this section. The amount of the fee may not exceed the
2114	2114	administrative costs incurred by the department [commission] in
2115	2115	conducting the initial review, including the costs of obtaining the
2116	2116	person's fingerprints.
2117	2117	(g) The board [commission] shall adopt rules necessary to
2118	2118	administer this section.
2119	2119	Sec. 242.016. BIENNIAL BUDGET. The executive director
2120	2120	shall prepare a biennial budget of all funds necessary to be
2121	2121	appropriated by the legislature to the department to carry out the
2122	2122	purposes of this subtitle. The budget shall be submitted and filed
2123	2123	by the executive director in the form and manner and within the time
2124	2124	prescribed by law.
2125	2125	SUBCHAPTER B. SECURE FACILITIES; SERVICES
2126	2126	Sec. 242.051. ADMINISTRATION OF INSTITUTIONS; CHARGE OF
2127	2127	CHILDREN. (a) The department shall:
2128	2128	(1) administer the training, diagnostic treatment,
2129	2129	and supervisory facilities and services of the state for children
2130	2130	committed to the department; and
2131	2131	(2) manage and direct all institutions and training
2132	2132	school facilities under the authority of the department.
2133	2133	(b) The department shall have general charge of and be
2134	2134	responsible for the welfare, custody, and rehabilitation of the
2135	2135	children in a school, facility, or program operated or funded by the
2136	2136	department. The department shall seek to establish relationships
2137	2137	and to organize a way of life that will meet the spiritual, moral,
2138	2138	physical, emotional, intellectual, and social needs of the children
2139	2139	under the department's care as those needs would be met in an
2140	2140	adequate home.
2141	2141	(c) The department shall see that the buildings and premises
2142	2142	are kept in good sanitary condition.
2143	2143	Sec. 242.052. BUILDINGS AND IMPROVEMENTS. (a) The
2144	2144	department may design, construct, equip, furnish, and maintain
2145	2145	buildings and improvements at facilities under the department's
2146	2146	jurisdiction.
2147	2147	(b) The department may employ architects or engineers, or
2148	2148	both, to prepare plans and specifications and to supervise the
2149	2149	construction and improvements described by Subsection (a).
2150	2150	(c) The board shall promulgate rules relating to the award
2151	2151	of contracts for the construction of buildings and improvements.
2152	2152	The rules shall provide for the award of contracts for the
2153	2153	construction of buildings and improvements to the qualified bidder
2154	2154	making the lowest and best bid. A construction contract may not be
2155	2155	awarded for a sum in excess of the amount of funds available for the
2156	2156	project. The department may reject any and all bids submitted.
2157	2157	(d) If a project is financed wholly or partly by federal
2158	2158	funds, any standards required by the enabling federal statute or
2159	2159	required by the rules of the administering federal agency control
2160	2160	over this section.
2161	2161	(e) The department may employ professional, technical, and
2162	2162	clerical personnel to carry out the design and construction
2163	2163	functions required by this section.
2164	2164	[Sec. 61.036. COOPERATION WITH OTHER AGENCIES. (a) The
2165	2165	commission shall cooperate with all existing agencies and encourage
2166	2166	the establishment of new programs, both local and statewide, the
2167	2167	object of which is services to delinquent and predelinquent youth
2168	2168	of this state.
2169	2169	[(b) The commission may assist in developing,
2170	2170	strengthening, and coordinating educational, welfare, health,
2171	2171	recreational, and law-enforcement programs which have as their
2172	2172	object the prevention of juvenile delinquency and crime.]
2173	2173	Sec. 242.053 [61.037]. USE OF EXISTING INSTITUTIONS AND
2174	2174	AGENCIES. (a) In carrying out the department's [its] duties, the
2175	2175	department [commission] may make use of law-enforcement,
2176	2176	detention, supervisory, medical, educational, correctional, and
2177	2177	other facilities, institutions, and agencies in the state. This
2178	2178	section does not authorize the department [commission] to assume
2179	2179	control of any other agency, institution, or facility in the state,
2180	2180	or to require any agency, institution, or facility to serve the
2181	2181	department [commission] in a manner inconsistent with the [its]
2182	2182	authority or function of the agency, institution, or facility or
2183	2183	with any law or regulation governing the [its] activity of the
2184	2184	agency, institution, or facility.
2185	2185	(b) When funds are available for the purpose, the department
2186	2186	[commission] may enter into agreements with appropriate public or
2187	2187	private agencies for the separate care and treatment of persons
2188	2188	subject to the control of the department [commission]. The
2189	2189	department [commission] may not make use of any private institution
2190	2190	or agency without its consent. The department [commission] shall
2191	2191	make reasonable efforts to ensure that the expenditure of
2192	2192	appropriations for the purchase of contract residential care for
2193	2193	children, not including the purchase of care in foster family
2194	2194	homes, be allocated to providers on a fixed monthly basis if that
2195	2195	allocation [it] is cost-effective and the number, type, needs, and
2196	2196	conditions of the children to be served is reasonably constant.
2197	2197	(c) The department [commission] shall periodically inspect
2198	2198	all public and private institutions and agencies whose facilities
2199	2199	the department [it] is using. Every public and private institution
2200	2200	and agency shall allow [afford to] the department [commission]
2201	2201	reasonable opportunity to examine and consult with children who
2202	2202	have been committed to the department [commission] and who are in
2203	2203	the custody of the institution or agency.
2204	2204	(d) Placement of a child in, or the release of a child by,
2205	2205	any institution not operated by the department [commission] does
2206	2206	not terminate the authority of the department [commission] over the
2207	2207	child. No child placed in an institution or under an agency by the
2208	2208	department [commission] may be released by the institution or
2209	2209	agency without the approval of the department [commission].
2210	2210	Sec. 242.054 [61.038]. HALFWAY HOUSE PROGRAM. (a) The
2211	2211	department [commission] may not develop a halfway house to be
2212	2212	operated by the department [commission] if an appropriate private
2213	2213	halfway house program is contractually available and the costs
2214	2214	under the contract are less than the costs would be if the
2215	2215	department [commission] provided the services.
2216	2216	(b) Before the department [commission] contracts for the
2217	2217	development of a halfway house program, the department [commission]
2218	2218	shall send prospective service providers a request for a proposal
2219	2219	that identifies the program services desired, the population to be
2220	2220	served, and potential locations for the program. The department
2221	2221	[commission] shall select the service provider that submits the
2222	2222	proposal that best meets the department's [commission's] needs
2223	2223	according to standards established by the department [commission].
2224	2224	If the department [commission] does not receive a proposal that
2225	2225	meets its needs, the department [commission] may request funds from
2226	2226	the legislature for the development of a halfway house to be
2227	2227	operated by the department [commission].
2228	2228	(c) This section does not apply to halfway houses operated
2229	2229	by the department [commission] on September 1, 1987.
2230	2230	Sec. 242.055 [61.0385]. CRISIS INTERVENTION AND ASSESSMENT
2231	2231	CENTERS. The department [commission] may establish a children's
2232	2232	crisis intervention and assessment center at a facility owned or
2233	2233	operated by the department [commission]. The department
2234	2234	[commission] may contract with another entity for the provision or
2235	2235	use of services at the center.
2236	2236	Sec. 242.056 [61.0386]. ADVOCACY AND SUPPORT GROUPS. (a)
2237	2237	The department [commission] shall allow advocacy and support groups
2238	2238	whose primary functions are to benefit children, inmates, girls and
2239	2239	women, the mentally ill, or [and] victims of sexual assault to
2240	2240	provide on-site information, support, and other services for
2241	2241	children confined in department [commission] facilities.
2242	2242	(b) The department [commission] shall adopt security and
2243	2243	privacy procedures for advocacy and support groups that provide
2244	2244	on-site information, support, and other services under this
2245	2245	section. The security and privacy procedures may not be designed
2246	2246	to deny an advocacy or support group access to children confined in
2247	2247	department [commission] facilities.
2248	2248	(c) The department [commission] shall adopt standards
2249	2249	consistent with standards adopted by the Texas Department of
2250	2250	Criminal Justice regarding the confidential correspondence of
2251	2251	children confined in department [commission] facilities with
2252	2252	external entities, including advocacy and support groups.
2253	2253	Sec. 242.057 [61.039]. DEPARTMENT [COMMISSION] PROGRAMS.
2254	2254	(a) The department [commission] shall develop and use standards
2255	2255	based on performance to evaluate and compare programs operated by
2256	2256	the department [commission].
2257	2257	(b) When practicable and feasible, the department
2258	2258	[commission] shall provide specific performance standards for a
2259	2259	program serving 10 or more children through an agreement entered
2260	2260	into under Section 242.053 [61.037 of this chapter]. In the
2261	2261	performance standards, the department [commission] shall include
2262	2262	outcome measures for evaluating the quality of services provided
2263	2263	under the agreement.
2264	2264	(c) For the purposes of comparison, the department
2265	2265	[commission] shall use performance standards that are as consistent
2266	2266	as practicable with those used to evaluate and compare programs
2267	2267	operated by the department [commission], that measure the benefits
2268	2268	and cost-effectiveness of the respective programs, and that measure
2269	2269	the average length of stay and rate of recidivism of the children in
2270	2270	the program.
2271	2271	Sec. 242.058 [61.0395]. SERVICES FOR CHILDREN NOT
2272	2272	COMMITTED TO THE DEPARTMENT [COMMISSION]. The department
2273	2273	[commission] may provide services to a child not committed to the
2274	2274	department [commission] if the department [commission] contracts
2275	2275	with a local juvenile probation department, the Health and [Texas
2276	2276	Department of] Human Services Commission, or the Department of
2277	2277	Family and Protective [and Regulatory] Services to provide services
2278	2278	to the child.
2279	2279	Sec. 242.059 [61.040]. ADDITIONAL FACILITIES; PAROLE
2280	2280	SUPERVISION. When funds are available, the department [commission]
2281	2281	may:
2282	2282	(1) establish and operate places for detention and
2283	2283	diagnosis of children committed to it;
2284	2284	(2) establish and operate additional treatment and
2285	2285	training facilities, including forestry or parks-maintenance camps
2286	2286	and ranches, necessary to classify and treat children committed to
2287	2287	the department [commission] according to their needs;
2288	2288	(3) establish active parole supervision to aid
2289	2289	children given conditional release to find homes and employment and
2290	2290	to become reestablished in the community; and
2291	2291	(4) assist in establishing training facilities and
2292	2292	programs owned and operated by private individuals or organizations
2293	2293	which agree to provide services to children committed to the
2294	2294	department [commission], including programs for children needing
2295	2295	long-term residential care.
2296	2296	Sec. 242.060 [61.0401]. COMPUTATION OF DAILY COSTS OF
2297	2297	FACILITY. In computing the daily costs of a residential facility
2298	2298	operated by the department [commission], the department
2299	2299	[commission] shall use a standard method that is:
2300	2300	(1) consistent with methods used by other state
2301	2301	agencies; and
2302	2302	(2) [that is] designed to reflect the actual cost to
2303	2303	the state of operating the facility.
2304	2304	Sec. 242.061 [61.041. STUDY OF TREATMENT METHODS;
2305	2305	STATISTICAL RECORDS. (a) The commission shall conduct continuing
2306	2306	inquiry into the effectiveness of the treatment methods it employs
2307	2307	in the reformation of children. To this end, the commission shall
2308	2308	maintain a record of arrests and commitments of its wards
2309	2309	subsequent to their discharge from the jurisdiction of the
2310	2310	commission and shall tabulate, analyze, and publish biennially
2311	2311	these data for use in evaluating the relative merits of treatment
2312	2312	methods.
2313	2313	[(b) The commission shall cooperate with courts and private
2314	2314	and public agencies in the collection of statistics and information
2315	2315	regarding juvenile delinquency, arrests made, complaints,
2316	2316	informations, and petitions filed, and the dispositions made of
2317	2317	them, and other information useful in determining the amount and
2318	2318	causes of juvenile delinquency in this state.
2319	2319	[Sec. 61.042]. REFERRALS FROM FEDERAL COURT. The
2320	2320	department [commission] may enter into agreements with the federal
2321	2321	government to accept children from the federal court for an agreed
2322	2322	compensation.
2323	2323	Sec. 242.062 [61.0421. PUBLIC INTEREST INFORMATION. The
2324	2324	commission shall prepare information of public interest describing
2325	2325	the functions of the commission and describing the procedures by
2326	2326	which complaints are filed with and resolved by the commission. The
2327	2327	commission shall make the information available to the general
2328	2328	public and appropriate state agencies.
2329	2329	[Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
2330	2330	commission shall maintain a system to promptly and efficiently act
2331	2331	on a complaint filed with the commission by a person, other than a
2332	2332	child receiving services from the commission or the child's parent
2333	2333	or guardian, that the commission has authority to resolve. The
2334	2334	commission shall maintain information about parties to the
2335	2335	complaint, the subject matter of the complaint, a summary of the
2336	2336	results of the review or investigation of the complaint, and the
2337	2337	disposition of the complaint.
2338	2338	[(b) The commission shall make information available
2339	2339	describing the commission's procedures for complaint investigation
2340	2340	and resolution.
2341	2341	[(c) The commission shall periodically notify the complaint
2342	2342	parties of the status of the complaint until final disposition,
2343	2343	unless the notice would jeopardize an undercover investigation.
2344	2344	[(d) The commission shall keep information about each
2345	2345	written complaint filed with the commission by a child receiving
2346	2346	services from the commission or the child's parent or guardian. The
2347	2347	information must include:
2348	2348	[(1) the subject matter of the complaint;
2349	2349	[(2) a summary of the results of the review or
2350	2350	investigation of the complaint; and
2351	2351	[(3) the period of time between the date the complaint
2352	2352	is received and the date the complaint is closed.
2353	2353	[Sec. 61.0423. PUBLIC HEARINGS. (a) The board shall
2354	2354	develop and implement policies that provide the public with a
2355	2355	reasonable opportunity to appear before the board and to speak on
2356	2356	any issue under the jurisdiction of the commission.
2357	2357	[(b) The board shall ensure that the location of public
2358	2358	hearings held in accordance with this section is rotated between
2359	2359	municipalities in which a commission facility is located or that
2360	2360	are in proximity to a commission facility.
2361	2361	[Sec. 61.043. GIFTS; GRANTS. The commission may accept
2362	2362	gifts, grants, or donations of money or property from private
2363	2363	sources to effectuate the purpose of this chapter. Donated funds
2364	2364	shall be placed in the state treasury in a special fund called the
2365	2365	Texas Youth Commission Fund and expended as other state money is
2366	2366	expended, on warrants drawn by the comptroller on the order of the
2367	2367	commission. At the end of each state fiscal year, any unexpended
2368	2368	balance in the fund shall be carried over in the same fund.
2369	2369	[Sec. 61.0431]. SPECIAL ACCOUNTS. (a) Proceeds from the
2370	2370	operation of canteens and vending machines at facilities under the
2371	2371	jurisdiction of the department [commission] shall be deposited to
2372	2372	the credit of a special account in the General Revenue Fund called
2373	2373	the canteen revolving fund. The proceeds shall be used to pay the
2374	2374	actual expenses of maintaining and operating the canteens and
2375	2375	vending machines.
2376	2376	(b) Proceeds in excess of the amount required for the
2377	2377	[those] expenses described by Subsection (a), donations for student
2378	2378	activities, and proceeds from children's fundraising projects
2379	2379	shall be deposited to the credit of a special account in the General
2380	2380	Revenue Fund called the student benefit fund and may be used only
2381	2381	to:
2382	2382	(1) provide education, recreation, and entertainment
2383	2383	to children committed to the department [commission]; or
2384	2384	(2) reimburse children committed to the department
2385	2385	[commission] for personal property lost or damaged as a result of
2386	2386	negligence by the staff of the department [commission].
2387	2387	(c) [(b)] Proceeds from shop projects at the facilities
2388	2388	under the department's [commission's] jurisdiction shall be
2389	2389	deposited to the credit of a special account in the General Revenue
2390	2390	Fund called the vocational shop fund and may be used only to:
2391	2391	(1) purchase and maintain parts, tools, and other
2392	2392	supplies necessary for the shop projects; and
2393	2393	(2) [to] compensate the students who participate in
2394	2394	the projects.
2395	2395	(d) [(c)] Registration fees from seminars and conferences
2396	2396	conducted by the department [commission] shall be deposited to the
2397	2397	credit of a special account in the General Revenue Fund called the
2398	2398	conference account and may be used only to pay the costs of
2399	2399	conducting seminars and conferences.
2400	2400	(e) [(d)] Money in the special accounts described by this
2401	2401	section is appropriated for the purposes indicated in this section
2402	2402	and shall be expended on warrants drawn by the comptroller on the
2403	2403	order of the department [commission].
2404	2404	Sec. 242.063 [61.0432]. STUDENT TRUST FUND; CONTRABAND
2405	2405	MONEY. (a) Except as provided by Subsection (b), money belonging
2406	2406	to a child committed to the department [commission] in excess of the
2407	2407	amount the department [commission] allows in a child's possession
2408	2408	shall be deposited in a trust fund established by the facility
2409	2409	operated by the department [commission] to which the child is
2410	2410	assigned. The board [commission] shall adopt rules governing the
2411	2411	administration of the trust fund.
2412	2412	(b) Money possessed by a child committed to the department
2413	2413	[commission] that is determined to be contraband money as defined
2414	2414	by department [commission] rule shall be deposited in the student
2415	2415	benefit fund described by Section 242.062(b) [61.0431]. The
2416	2416	department [commission] shall notify each child committed to the
2417	2417	department [commission] that the possession of contraband money is
2418	2418	subject to confiscation by the department [commission] under this
2419	2419	subsection.
2420	2420	Sec. 242.064 [61.0433]. DEBIT CARD SUSPENSE ACCOUNTS. (a)
2421	2421	The department [commission] may establish debit card suspense
2422	2422	accounts necessary to operate magnetic debit card systems at
2423	2423	facilities under the jurisdiction of the department [commission] to
2424	2424	enable the students, employees, and visitors to make purchases of:
2425	2425	(1) merchandise from vending machines or canteens
2426	2426	within the facilities;
2427	2427	(2) meals from cafeterias within the facilities; and
2428	2428	(3) services that the facilities are authorized to
2429	2429	provide.
2430	2430	(b) Cash received from cash-to-card machines and amounts
2431	2431	electronically transferred for card use from the students' trust
2432	2432	fund accounts shall be deposited to debit card suspense accounts in
2433	2433	local depositories and held pending card purchases.
2434	2434	(c) Transfers of cash based on card use for purchases of
2435	2435	merchandise or services shall be made from the debit card suspense
2436	2436	accounts to the appropriate vendors and to accounts in the state
2437	2437	treasury in accordance with laws governing receipt of state
2438	2438	revenues.
2439	2439	(d) Unused debit card balances shall be refunded to the card
2440	2440	holders from the debit card suspense accounts.
2441	2441	Sec. 242.065 [61.044. BIENNIAL BUDGET. The executive
2442	2442	commissioner shall prepare a biennial budget of all funds necessary
2443	2443	to be appropriated by the legislature to the commission to carry out
2444	2444	the purposes of this chapter. The budget shall be submitted and
2445	2445	filed by the executive commissioner in the form and manner and
2446	2446	within the time prescribed by law.
2447	2447	[Sec. 61.045. OPERATIONS OF PROGRAMS AND FACILITIES. (a)
2448	2448	The commission shall have general charge of and be responsible for
2449	2449	the welfare, custody, and rehabilitation of the children in a
2450	2450	school, facility, or program operated or funded by the commission.
2451	2451	The commission shall seek to establish relationships and to
2452	2452	organize a way of life that will meet the spiritual, moral,
2453	2453	physical, emotional, intellectual, and social needs of the children
2454	2454	under its care as those needs would be met in an adequate home.
2455	2455	[(b) The commission shall see that the buildings and
2456	2456	premises are kept in good sanitary order.
2457	2457	[Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The office
2458	2458	of inspector general is established at the commission for the
2459	2459	purpose of investigating:
2460	2460	[(1) crimes committed by commission employees,
2461	2461	including parole officers employed by or under a contract with the
2462	2462	commission; and
2463	2463	[(2) crimes and delinquent conduct committed at a
2464	2464	facility operated by the commission, a residential facility
2465	2465	operated by another entity under a contract with the commission, or
2466	2466	any facility in which a child committed to the custody of the
2467	2467	commission is housed or receives medical or mental health
2468	2468	treatment.
2469	2469	[(b) The office of inspector general shall prepare and
2470	2470	deliver a report concerning the results of any investigation
2471	2471	conducted under this section to:
2472	2472	[(1) the executive commissioner;
2473	2473	[(2) the advisory board;
2474	2474	[(3) the governor;
2475	2475	[(4) the lieutenant governor;
2476	2476	[(5) the speaker of the house of representatives;
2477	2477	[(6) the standing committees of the senate and house
2478	2478	of representatives with primary jurisdiction over matters
2479	2479	concerning correctional facilities;
2480	2480	[(7) the special prosecution unit;
2481	2481	[(8) the state auditor; and
2482	2482	[(9) any other appropriate state agency responsible
2483	2483	for licensing or certifying commission employees or facilities.
2484	2484	[(c) The report prepared under Subsection (b) must include a
2485	2485	summary of the actions performed by the office of inspector general
2486	2486	in conducting the investigation, a statement of whether the
2487	2487	investigation resulted in a finding that a criminal offense or
2488	2488	delinquent conduct occurred, and a description of the finding. The
2489	2489	report is public information under Chapter 552, Government Code,
2490	2490	only to the extent authorized under that chapter and other law.
2491	2491	[(d) The office of inspector general may employ and
2492	2492	commission inspectors general as peace officers for the purpose of
2493	2493	carrying out the duties described by this section. An inspector
2494	2494	general shall have all of the powers and duties given to peace
2495	2495	officers under Article 2.13, Code of Criminal Procedure.
2496	2496	[(e) Peace officers employed and commissioned under
2497	2497	Subsection (d) must:
2498	2498	[(1) be certified by the Commission on Law Enforcement
2499	2499	Officer Standards and Education under Chapter 1701, Occupations
2500	2500	Code; and
2501	2501	[(2) complete advanced courses relating to the duties
2502	2502	of peace officers employed and commissioned under Subsection (d) as
2503	2503	part of any continuing education requirements for the peace
2504	2504	officers.
2505	2505	[(f) The executive commissioner shall select a commissioned
2506	2506	peace officer as chief inspector general. The chief inspector
2507	2507	general is subject to the requirements of this section and may only
2508	2508	be discharged for cause.
2509	2509	[(g) The chief inspector general shall on a quarterly basis
2510	2510	prepare and deliver a report concerning the operations of the
2511	2511	office of inspector general to:
2512	2512	[(1) the executive commissioner;
2513	2513	[(2) the advisory board;
2514	2514	[(3) the governor;
2515	2515	[(4) the lieutenant governor;
2516	2516	[(5) the speaker of the house of representatives;
2517	2517	[(6) the standing committees of the senate and house
2518	2518	of representatives with primary jurisdiction over correctional
2519	2519	facilities;
2520	2520	[(7) the state auditor; and
2521	2521	[(8) the comptroller.
2522	2522	[(h) A report prepared under Subsection (g) is public
2523	2523	information under Chapter 552, Government Code, to the extent
2524	2524	authorized under that chapter and other law, and the commission
2525	2525	shall publish the report on the commission's Internet website. A
2526	2526	report must be both aggregated and disaggregated by individual
2527	2527	facility and include information relating to:
2528	2528	[(1) the types of investigations conducted by the
2529	2529	office of inspector general, such as whether an investigation
2530	2530	concerned narcotics or an alleged incident of sexual abuse;
2531	2531	[(2) the relationship of a victim to a perpetrator, if
2532	2532	applicable; and
2533	2533	[(3) the number of investigations conducted
2534	2534	concerning suicides, deaths, and hospitalizations of children in
2535	2535	the custody of the commission.
2536	2536	[(i) The office of inspector general shall immediately
2537	2537	report to the executive director, the board, the governor's general
2538	2538	counsel, and the state auditor:
2539	2539	[(1) any particularly serious or flagrant problem
2540	2540	concerning the administration of a commission program or operation;
2541	2541	or
2542	2542	[(2) any interference by the executive director, an
2543	2543	employee of the commission, a facility described by Subsection
2544	2544	(a)(2), or an officer or employee of a facility described by
2545	2545	Subsection (a)(2) with an investigation conducted by the office.
2546	2546	[Sec. 61.0452. TOLL-FREE NUMBER. (a) The commission shall
2547	2547	establish a permanent, toll-free number for the purpose of
2548	2548	receiving any information concerning the abuse, neglect, or
2549	2549	exploitation of children in the custody of the commission.
2550	2550	[(b) The office of inspector general shall ensure that:
2551	2551	[(1) the toll-free number is prominently displayed in
2552	2552	each commission facility; and
2553	2553	[(2) children in the custody of the commission and
2554	2554	commission employees have confidential access to telephones for the
2555	2555	purpose of calling the toll-free number.
2556	2556	[Sec. 61.046]. RELIGIOUS TRAINING. The department
2557	2557	[commission] shall provide for the religious and spiritual training
2558	2558	of children in its custody according to the children's individual
2559	2559	choices.
2560	2560	Sec. 242.066 [61.0461]. EMPLOYMENT OR DESIGNATION OF
2561	2561	CHAPLAIN AT CERTAIN DEPARTMENT [COMMISSION] FACILITIES. The
2562	2562	department [commission] shall ensure that a chaplain is employed or
2563	2563	formally designated for each department [commission] correctional
2564	2564	facility that is an institution.
2565	2565	Sec. 242.067 [61.047]. VIOLENCE PREVENTION AND CONFLICT
2566	2566	RESOLUTION EDUCATION. The department [commission] shall provide
2567	2567	education in violence prevention and conflict resolution that
2568	2568	includes discussion of domestic violence and child abuse issues to
2569	2569	all children in its custody.
2570	2570	Sec. 242.068 [61.048. BUILDINGS AND IMPROVEMENTS. (a) The
2571	2571	commission may design, construct, equip, furnish, and maintain
2572	2572	buildings and improvements at facilities under its jurisdiction.
2573	2573	The commission may employ architects or engineers, or both, to
2574	2574	prepare plans and specifications and to supervise the construction
2575	2575	and improvements. The commission shall promulgate rules relating
2576	2576	to the award of contracts for the construction of buildings and
2577	2577	improvements. The rules shall provide for the award of contracts
2578	2578	for the construction of buildings and improvements to the qualified
2579	2579	bidder making the lowest and best bid. A construction contract may
2580	2580	not be awarded for a sum in excess of the amount of funds available
2581	2581	for the project. The commission may reject any and all bids
2582	2582	submitted.
2583	2583	[(b) If a project is financed in whole or in part by federal
2584	2584	funds, any standards required by the enabling federal statute or
2585	2585	required by the rules of the administering federal agency control
2586	2586	over this section.
2587	2587	[(c) The commission may employ professional, technical, and
2588	2588	clerical personnel to carry out the design and construction
2589	2589	functions required by this section.
2590	2590	[Sec. 61.050]. FIRE PROTECTION ACTIVITIES. (a) The
2591	2591	department [commission] may perform fire protection, fire
2592	2592	prevention, and fire suppression activities at department
2593	2593	[commission] facilities.
2594	2594	(b) The department [commission] may prescribe circumstances
2595	2595	under which, for the benefit of the public safety and welfare,
2596	2596	department [commission] employees using department [commission]
2597	2597	equipment may assist municipal or volunteer fire departments in the
2598	2598	performance of fire protection, fire prevention, or fire
2599	2599	suppression activities near department [commission] facilities.
2600	2600	Sec. 242.069 [61.051]. CLIENT SERVICE CONTRACT STANDARDS.
2601	2601	In each contract for the purchase of residential program-related
2602	2602	client services, the department [commission] shall include:
2603	2603	(1) clearly defined contract goals, outputs, and
2604	2604	measurable outcomes that relate directly to program objectives;
2605	2605	(2) clearly defined sanctions or penalties for failure
2606	2606	to comply with or perform contract terms or conditions; and
2607	2607	(3) clearly specified accounting, reporting, and
2608	2608	auditing requirements applicable to money received under the
2609	2609	contract.
2610	2610	Sec. 242.070 [61.052]. CONTRACT MONITORING. The
2611	2611	department [commission] shall establish a formal program to monitor
2612	2612	residential program-related client services contracts made by the
2613	2613	department [commission]. The department [commission] must:
2614	2614	(1) monitor compliance with financial and performance
2615	2615	requirements using a risk assessment methodology; and
2616	2616	(2) obtain and evaluate program cost information to
2617	2617	ensure that each cost, including an administrative cost, is
2618	2618	reasonable and necessary to achieve program objectives.
2619	2619	Sec. 242.071 [61.053. MEDICAID BENEFITS. The commission
2620	2620	shall apply for benefits under the federal Medicaid program if
2621	2621	application is cost effective in reducing health care costs
2622	2622	incurred by the commission.
2623	2623	[Sec. 61.054]. SALE OR LICENSE OF TREATMENT PROGRAMS. (a)
2624	2624	The department [commission] may sell or license to an individual or
2625	2625	a private or public entity the right to use a treatment program
2626	2626	developed by the department [commission].
2627	2627	(b) Proceeds from the sale or license of a treatment program
2628	2628	shall be deposited to the credit of the fund that provided the money
2629	2629	to finance the development of the treatment program.
2630	2630	(c) At the end of each fiscal year, any unexpended proceeds
2631	2631	from the sale or license of a treatment program shall be carried
2632	2632	over to the next fiscal year to the credit of the fund that provided
2633	2633	the money to finance the development of the treatment program.
2634	2634	SUBCHAPTER C. ABUSE OR CRIMES COMMITTED AT DEPARTMENT
2635	2635	FACILITIES OR BY DEPARTMENT EMPLOYEES
2636	2636	Sec. 242.101 [61.055]. ZERO-TOLERANCE POLICY. (a) The
2637	2637	department [commission] shall adopt and enforce a zero-tolerance
2638	2638	policy concerning the detection, prevention, and punishment of the
2639	2639	sexual abuse, including consensual sexual contact, of children in
2640	2640	the custody of the department [commission].
2641	2641	(b) The department [commission] shall establish standards
2642	2642	for reporting and collecting data on the sexual abuse of children in
2643	2643	the custody of the department [commission].
2644	2644	(c) The department [commission] shall establish a procedure
2645	2645	for children in the custody of the department [commission] and
2646	2646	department [commission] employees to report incidents of sexual
2647	2647	abuse involving a child in the custody of the department
2648	2648	[commission]. The procedure must designate a person employed at
2649	2649	the department [commission] facility in which the abuse is alleged
2650	2650	to have occurred as well as a person who is employed at the
2651	2651	department's [commission's] headquarters to whom a person may
2652	2652	report an incident of sexual abuse.
2653	2653	(d) The department [commission] shall prominently display
2654	2654	the following notice in the office of the chief administrator of
2655	2655	each department [commission] facility, the employees' break room of
2656	2656	each department [commission] facility, the cafeteria of each
2657	2657	department [commission] facility, and at least six additional
2658	2658	locations in each department [commission] facility:
2659	2659	THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
2660	2660	REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
2661	2661	A CHILD IN THE CUSTODY OF THE DEPARTMENT [COMMISSION]. ANY SUCH
2662	2662	VIOLATION MUST BE REPORTED TO __________.
2663	2663	Sec. 242.102. OFFICE OF INSPECTOR GENERAL. (a) The office
2664	2664	of inspector general is established at the department under the
2665	2665	direction of the board for the purpose of investigating:
2666	2666	(1) crimes committed by department employees,
2667	2667	including parole officers employed by or under a contract with the
2668	2668	department; and
2669	2669	(2) crimes and delinquent conduct committed at a
2670	2670	facility operated by the department, a residential facility
2671	2671	operated by another entity under a contract with the department, or
2672	2672	any facility in which a child committed to the custody of the
2673	2673	department is housed or receives medical or mental health
2674	2674	treatment.
2675	2675	(b) The office of inspector general shall prepare and
2676	2676	deliver a report concerning the results of any investigation
2677	2677	conducted under this section to:
2678	2678	(1) the board;
2679	2679	(2) the executive director;
2680	2680	(3) any applicable advisory board;
2681	2681	(4) the governor;
2682	2682	(5) the lieutenant governor;
2683	2683	(6) the speaker of the house of representatives;
2684	2684	(7) the standing committees of the senate and house of
2685	2685	representatives with primary jurisdiction over matters concerning
2686	2686	correctional facilities;
2687	2687	(8) the special prosecution unit;
2688	2688	(9) the state auditor; and
2689	2689	(10) any other appropriate state agency responsible
2690	2690	for licensing or certifying department employees or facilities.
2691	2691	(c) The report prepared under Subsection (b) must include a
2692	2692	summary of the actions performed by the office of inspector general
2693	2693	in conducting the investigation, a statement of whether the
2694	2694	investigation resulted in a finding that a criminal offense or
2695	2695	delinquent conduct occurred, and a description of the finding. The
2696	2696	report is public information under Chapter 552, Government Code,
2697	2697	only to the extent authorized under that chapter and other law.
2698	2698	(d) The office of inspector general may employ and
2699	2699	commission inspectors general as peace officers for the purpose of
2700	2700	carrying out the duties described by this section. An inspector
2701	2701	general shall have all of the powers and duties given to peace
2702	2702	officers under Article 2.13, Code of Criminal Procedure.
2703	2703	(e) Peace officers employed and commissioned under
2704	2704	Subsection (d) must:
2705	2705	(1) be certified by the Commission on Law Enforcement
2706	2706	Officer Standards and Education under Chapter 1701, Occupations
2707	2707	Code; and
2708	2708	(2) complete advanced courses relating to the duties
2709	2709	of peace officers employed and commissioned under Subsection (d) as
2710	2710	part of any continuing education requirements for the peace
2711	2711	officers.
2712	2712	(f) The board shall select a commissioned peace officer as
2713	2713	chief inspector general. The chief inspector general:
2714	2714	(1) operates directly under the authority of the
2715	2715	board;
2716	2716	(2) is subject to the requirements of this section;
2717	2717	and
2718	2718	(3) may only be discharged by the board for cause.
2719	2719	(g) The chief inspector general shall on a quarterly basis
2720	2720	prepare and deliver a report concerning the operations of the
2721	2721	office of inspector general to:
2722	2722	(1) the board;
2723	2723	(2) the executive director;
2724	2724	(3) any applicable advisory board;
2725	2725	(4) the governor;
2726	2726	(5) the lieutenant governor;
2727	2727	(6) the speaker of the house of representatives;
2728	2728	(7) the standing committees of the senate and house of
2729	2729	representatives with primary jurisdiction over correctional
2730	2730	facilities;
2731	2731	(8) the state auditor; and
2732	2732	(9) the comptroller.
2733	2733	(h) A report prepared under Subsection (g) is public
2734	2734	information under Chapter 552, Government Code, to the extent
2735	2735	authorized under that chapter and other law, and the department
2736	2736	shall publish the report on the department's Internet website. A
2737	2737	report must be both aggregated and disaggregated by individual
2738	2738	facility and include information relating to:
2739	2739	(1) the types of investigations conducted by the
2740	2740	office of inspector general, such as whether an investigation
2741	2741	concerned narcotics or an alleged incident of sexual abuse;
2742	2742	(2) the relationship of a victim to a perpetrator, if
2743	2743	applicable; and
2744	2744	(3) the number of investigations conducted concerning
2745	2745	suicides, deaths, and hospitalizations of children in the custody
2746	2746	of the department.
2747	2747	(i) The office of inspector general shall immediately
2748	2748	report to the board, the governor's general counsel, and the state
2749	2749	auditor:
2750	2750	(1) any particularly serious or flagrant problem
2751	2751	concerning the administration of a department program or operation;
2752	2752	or
2753	2753	(2) any interference by the executive director, an
2754	2754	employee of the department, a facility described by Subsection
2755	2755	(a)(2), or an officer or employee of a facility described by
2756	2756	Subsection (a)(2) with an investigation conducted by the office.
2757	2757	Sec. 242.104 [61.0455]. DETECTION AND MONITORING OF
2758	2758	CELLULAR TELEPHONES. (a) The department [commission] may own and
2759	2759	the office of the inspector general may possess, install, operate,
2760	2760	or monitor an electronic, mechanical, or other device, as defined
2761	2761	by Article 18.20, Code of Criminal Procedure.
2762	2762	(b) The inspector general shall designate in writing the
2763	2763	commissioned officers of the office of inspector general who are
2764	2764	authorized to possess, install, operate, and monitor electronic,
2765	2765	mechanical, or other devices for the department [commission].
2766	2766	(c) An investigative or law enforcement officer or other
2767	2767	person, on request of the office of inspector general, may assist
2768	2768	the office in the operation and monitoring of an interception of
2769	2769	wire, oral, or electronic communications if the investigative or
2770	2770	law enforcement officer or other person:
2771	2771	(1) is designated by the executive director
2772	2772	[commissioner] for that purpose; and
2773	2773	(2) acts in the presence and under the direction of a
2774	2774	commissioned officer of the inspector general.
2775	2775	CHAPTER 243 [SUBCHAPTER D]. ADMISSION AND COMMITMENT; ESCAPE
2776	2776	SUBCHAPTER A. ADMISSION AND COMMITMENT
2777	2777	Sec. 243.001 [61.061]. PLACEMENT IN DEPARTMENT
2778	2778	[COMMISSION] FACILITIES. (a) The department [commission] may not
2779	2779	assign a child younger than 15 years of age to the same correctional
2780	2780	facility dormitory as a person who is at least 17 years of age
2781	2781	unless the department [commission] determines that the placement is
2782	2782	necessary to ensure the safety of children in the custody of the
2783	2783	department [commission]. This subsection does not apply to a
2784	2784	dormitory that is used exclusively for short-term assessment and
2785	2785	orientation purposes.
2786	2786	(b) The board [commission] by rule shall adopt scheduling,
2787	2787	housing, and placement procedures for the purpose of protecting
2788	2788	vulnerable children in the custody of the department [commission].
2789	2789	The procedures must address the age, physical condition, and
2790	2790	treatment needs of a child as well as any other relevant factor.
2791	2791	(c) The department [commission] shall consider the
2792	2792	proximity of the residence of a child's family in determining the
2793	2793	appropriate department [commission] facility in which to place a
2794	2794	child.
2795	2795	Sec. 243.002 [61.062]. ESTABLISHMENT OF MINIMUM LENGTH OF
2796	2796	STAY. (a) The department [commission] shall establish a minimum
2797	2797	length of stay for each child committed to the department
2798	2798	[commission] without a determinate sentence.
2799	2799	(b) In establishing a minimum length of stay for a child,
2800	2800	the department [commission] shall consider:
2801	2801	(1) the nature of and seriousness of the conduct
2802	2802	engaged in by the child; and
2803	2803	(2) the danger the child poses to the community.
2804	2804	Sec. 243.003 [61.064]. CONVEYANCE OF CHILD TO DEPARTMENT
2805	2805	[COMMISSION]. (a) When a child is to be conveyed to a facility
2806	2806	designated by the department [commission], the juvenile court shall
2807	2807	assign an officer or other suitable person to accompany the child.
2808	2808	The person assigned to accompany a female must be a woman.
2809	2809	(b) The cost of conveying the child shall be paid by the
2810	2810	county from which the child is committed, except that[. However,]
2811	2811	no compensation shall be allowed other than [except] for the actual
2812	2812	and necessary expenses of the child and the person accompanying the
2813	2813	child.
2814	2814	Sec. 243.004 [61.065]. NOTIFICATION AND DUTY TO FURNISH
2815	2815	INFORMATION. (a) When a juvenile court commits a child to the
2816	2816	department [commission], the court shall forward to the department
2817	2817	[commission] a certified copy of the order of commitment.
2818	2818	(b) The court, the probation officer, the prosecuting and
2819	2819	police authorities, the school authorities, and other public
2820	2820	officials shall make available to the department [commission] all
2821	2821	pertinent information in their possession regarding the case.
2822	2822	(c) If requested by the department [commission], the
2823	2823	reports required by this section shall be made on forms furnished by
2824	2824	the department [commission] or according to an outline furnished by
2825	2825	the department [commission].
2826	2826	Sec. 243.005 [61.0651]. INFORMATION PROVIDED BY COMMITTING
2827	2827	COURT. In addition to the information provided under Section
2828	2828	243.004 [61.065], a court that commits a child to the department
2829	2829	[commission] shall provide the department [commission] with a copy
2830	2830	of the following documents:
2831	2831	(1) the petition and the adjudication and disposition
2832	2832	orders for the child, including the child's thumbprint;
2833	2833	(2) if the commitment is a result of revocation of
2834	2834	probation, a copy of the conditions of probation and the revocation
2835	2835	order;
2836	2836	(3) the social history report for the child;
2837	2837	(4) any psychological or psychiatric reports
2838	2838	concerning the child;
2839	2839	(5) the contact information sheet for the child's
2840	2840	parents or guardian;
2841	2841	(6) any law enforcement incident reports concerning
2842	2842	the offense for which the child is committed;
2843	2843	(7) any sex offender registration information
2844	2844	concerning the child;
2845	2845	(8) any juvenile probation department progress
2846	2846	reports concerning the child;
2847	2847	(9) any assessment documents concerning the child;
2848	2848	(10) the computerized referral and case history for
2849	2849	the child, including case disposition;
2850	2850	(11) the child's birth certificate;
2851	2851	(12) the child's social security number or social
2852	2852	security card, if available;
2853	2853	(13) the name, address, and telephone number of the
2854	2854	court administrator in the committing county;
2855	2855	(14) Title IV-E eligibility screening information for
2856	2856	the child, if available;
2857	2857	(15) the address in the committing county for
2858	2858	forwarding funds collected to which the committing county is
2859	2859	entitled;
2860	2860	(16) any of the child's school or immunization records
2861	2861	that the committing county possesses;
2862	2862	(17) any victim information concerning the case for
2863	2863	which the child is committed; and
2864	2864	(18) any of the child's pertinent medical records that
2865	2865	the committing court possesses.
2866	2866	Sec. 243.006 [61.066]. COMMITMENT RECORDS. A commitment to
2867	2867	the department [commission] may not be received in evidence or used
2868	2868	in any way in any proceedings in any court except in:
2869	2869	(1) subsequent proceedings under Title 3 of the Family
2870	2870	Code against the same child;
2871	2871	(2) imposing sentence in any criminal proceedings
2872	2872	against the same person; or
2873	2873	(3) subsequent civil commitment proceedings under
2874	2874	Chapter 841, Health and Safety Code, regarding the same person.
2875	2875	Sec. 243.007 [61.067]. INFORMATION PROVIDED TO COMMITTING
2876	2876	COURT. (a) If a court that commits a child to the department
2877	2877	[commission] requests, in the commitment order, that the department
2878	2878	[commission] keep the court informed of the progress the child is
2879	2879	making while committed to the department [commission], the
2880	2880	department [commission] shall provide the court with periodic
2881	2881	updates on the child's progress.
2882	2882	(b) A report provided under Subsection (a) may include any
2883	2883	information the department [commission] determines to be relevant
2884	2884	in evaluating the child's progress, including, as applicable,
2885	2885	information concerning the child's treatment, education, and
2886	2886	health.
2887	2887	(c) A report provided under this section may not include
2888	2888	information that is protected from disclosure under state or
2889	2889	federal law.
2890	2890	SUBCHAPTER B. ESCAPE AND VIOLATION OF RELEASE CONDITIONS
2891	2891	Sec. 243.051. APPREHENSION AFTER ESCAPE OR VIOLATION OF
2892	2892	RELEASE CONDITIONS. (a) If a child who has been committed to the
2893	2893	department and placed by the department in any institution or
2894	2894	facility has escaped or has been released under supervision and
2895	2895	broken the conditions of release:
2896	2896	(1) a sheriff, deputy sheriff, constable, or police
2897	2897	officer may, without a warrant, arrest the child; or
2898	2898	(2) a department employee designated by the executive
2899	2899	director may, without a warrant or other order, take the child into
2900	2900	the custody of the department.
2901	2901	(b) A child who is arrested or taken into custody under
2902	2902	Subsection (a) may be detained in any suitable place, including an
2903	2903	adult jail facility if the person is 17 years of age or older, until
2904	2904	the child is returned to the custody of the department or
2905	2905	transported to a department facility.
2906	2906	(c) Notwithstanding Section 58.005, Family Code, the
2907	2907	department may disseminate to the public the following information
2908	2908	relating to a child who has escaped from custody:
2909	2909	(1) the child's name, including other names by which
2910	2910	the child is known;
2911	2911	(2) the child's physical description, including sex,
2912	2912	weight, height, race, ethnicity, eye color, hair color, scars,
2913	2913	marks, and tattoos;
2914	2914	(3) a photograph of the child; and
2915	2915	(4) if necessary to protect the welfare of the
2916	2916	community, any other information that reveals dangerous
2917	2917	propensities of the child or expedites the apprehension of the
2918	2918	child.
2919	2919	Sec. 243.052. APPREHENSION SPECIALISTS. (a) The
2920	2920	department may employ and commission apprehension specialists as
2921	2921	peace officers for the purpose of apprehending a child under
2922	2922	Section 243.051.
2923	2923	(b) Peace officers employed and commissioned under
2924	2924	Subsection (a) must be certified by the Texas Commission on Law
2925	2925	Enforcement Officer Standards and Education under Chapter 1701,
2926	2926	Occupations Code.
2927	2927	CHAPTER 244 [SUBCHAPTER E]. CARE AND TREATMENT OF CHILDREN
2928	2928	SUBCHAPTER A. GENERAL CARE AND TREATMENT OF CHILDREN
2929	2929	Sec. 244.001 [61.071]. INITIAL EXAMINATION. (a) The
2930	2930	department [commission] shall examine and make a study of each
2931	2931	child committed to it as soon as possible after commitment. The
2932	2932	study shall be made according to rules established by the board
2933	2933	[commission] and shall include:
2934	2934	(1) long-term planning for the child; and
2935	2935	(2) consideration of the child's medical, substance
2936	2936	abuse, and treatment history, including the child's psychiatric
2937	2937	history and substance abuse history.
2938	2938	(b) For a child for whom a minimum length of stay is
2939	2939	established under Section 243.002 [61.062] of one year or longer,
2940	2940	the initial examination must include a comprehensive psychiatric
2941	2941	evaluation unless the department has received the results of a
2942	2942	comprehensive psychiatric evaluation of the child conducted not
2943	2943	more than 90 days before the date of the initial examination.
2944	2944	(c) The department [commission] shall administer
2945	2945	comprehensive psychological assessments to a child as part of the
2946	2946	child's initial examination, including assessments designed to
2947	2947	identify whether a child is in need of a psychiatric evaluation. If
2948	2948	the results of a child's psychological assessments indicate that
2949	2949	the child is in need of a psychiatric evaluation, the department
2950	2950	[commission] shall as soon as practicable conduct a psychiatric
2951	2951	evaluation of the child.
2952	2952	Sec. 244.002 [61.0711. HEALTH CARE DELIVERY SYSTEM. (a)
2953	2953	In providing medical care, behavioral health care, or
2954	2954	rehabilitation services, the commission shall integrate the
2955	2955	provision of those services in an integrated comprehensive delivery
2956	2956	system.
2957	2957	[(b) The delivery system may be used to deliver any medical,
2958	2958	behavioral health, or rehabilitation services provided to a child
2959	2959	in the custody of the commission, including:
2960	2960	[(1) health care;
2961	2961	[(2) dental care;
2962	2962	[(3) behavioral health care;
2963	2963	[(4) substance abuse treatment;
2964	2964	[(5) nutrition;
2965	2965	[(6) programming;
2966	2966	[(7) case management; and
2967	2967	[(8) general rehabilitation services, including
2968	2968	educational, spiritual, daily living, recreational, and security
2969	2969	services.
2970	2970	[Sec. 61.072]. REEXAMINATION. (a) The department
2971	2971	[commission] shall periodically reexamine each child under its
2972	2972	control, except those on release under supervision or in foster
2973	2973	homes, for the purpose of determining whether a rehabilitation plan
2974	2974	made by the department [commission] concerning the child should be
2975	2975	modified or continued.
2976	2976	(b) The reexamination [examination] must include a study of
2977	2977	all current circumstances of a child's personal and family
2978	2978	situation and an evaluation of the progress made by the child since
2979	2979	the child's last examination.
2980	2980	(c) The reexamination [examination] of a child may be made
2981	2981	as frequently as the department [commission] considers necessary,
2982	2982	but shall be made at intervals not exceeding six months.
2983	2983	Sec. 244.003 [61.073]. RECORDS OF EXAMINATIONS AND
2984	2984	TREATMENT. (a) The department [commission] shall keep written
2985	2985	records of all examinations and conclusions based on them and of all
2986	2986	orders concerning the disposition or treatment of each child
2987	2987	subject to its control.
2988	2988	(b) Except as provided by Section 243.051(c) [61.093(c)],
2989	2989	these records and all other information concerning a child,
2990	2990	including personally identifiable information, are not public and
2991	2991	are available only according to the provisions of Section 58.005,
2992	2992	Family Code, Section 244.051 [61.0731, Human Resources Code], and
2993	2993	Chapter 61, Code of Criminal Procedure.
2994	2994	Sec. 244.004 [61.0731. INFORMATION AVAILABLE TO CHILDREN,
2995	2995	PARENTS, AND OTHERS. (a) In the interest of achieving the purpose
2996	2996	of the commission and protecting the public, the commission may
2997	2997	disclose records and other information concerning a child to the
2998	2998	child and the child's parent or guardian only if disclosure would
2999	2999	not materially harm the treatment and rehabilitation of the child
3000	3000	and would not substantially decrease the likelihood of the
3001	3001	commission receiving information from the same or similar sources
3002	3002	in the future. Information concerning a person who is age 18 or
3003	3003	older may not be disclosed to the person's parent or guardian
3004	3004	without the person's consent.
3005	3005	[(b) The commission may disclose information regarding a
3006	3006	child's location and committing court to a person having a
3007	3007	legitimate need for the information.
3008	3008	[(c) The commission may disclose to a peace officer or law
3009	3009	enforcement agency images of children recorded by an electronic
3010	3010	recording device and incident reporting and investigation
3011	3011	documents containing the names of children if the information is
3012	3012	relevant to the investigation of a criminal offense alleged to have
3013	3013	occurred in a facility operated by or under contract with the
3014	3014	commission.
3015	3015	[(d) Notwithstanding Subsection (a), if the Department of
3016	3016	Family and Protective Services has been appointed managing
3017	3017	conservator for a child, the commission shall disclose records and
3018	3018	other information concerning the child to the department as
3019	3019	provided by department rules.
3020	3020	[Sec. 61.074]. FAILURE TO EXAMINE OR REEXAMINE. (a)
3021	3021	Failure of the department [commission] to examine or reexamine a
3022	3022	child as required by this subchapter [chapter] does not entitle the
3023	3023	child to be discharged from the control of the department
3024	3024	[commission], but the child may petition the committing court for
3025	3025	discharge.
3026	3026	(b) After due notice to the department [commission], the
3027	3027	committing court shall discharge the child from the control of the
3028	3028	department [commission] unless the department [commission]
3029	3029	satisfies the court that further control is necessary.
3030	3030	Sec. 244.005 [61.075]. DETERMINATION OF TREATMENT. When a
3031	3031	child has been committed to the department [commission], the
3032	3032	department [commission] may:
3033	3033	(1) permit the child liberty under supervision and on
3034	3034	conditions the department [it] believes conducive to acceptable
3035	3035	behavior;
3036	3036	(2) order the child's confinement under conditions the
3037	3037	department [it] believes best designed for the child's welfare and
3038	3038	the interests of the public;
3039	3039	(3) order reconfinement or renewed release as often as
3040	3040	conditions indicate to be desirable;
3041	3041	(4) revoke or modify any order of the department
3042	3042	[commission] affecting a child, except an order of final discharge,
3043	3043	as often as conditions indicate; or
3044	3044	(5) discharge the child from control when the
3045	3045	department [it] is satisfied that discharge will best serve the
3046	3046	child's welfare and the protection of the public.
3047	3047	Sec. 244.006 [61.0751. SUBPOENAS. (a) A hearings examiner
3048	3048	appointed by the commission may issue a subpoena requiring the
3049	3049	attendance of a witness or the production of any record, book,
3050	3050	paper, or document the hearings examiner considers necessary for a
3051	3051	determination of treatment under Section 61.075.
3052	3052	[(b) The hearings examiner may sign a subpoena and
3053	3053	administer an oath.
3054	3054	[(c) A peace officer, apprehension specialist, parole
3055	3055	officer, or other commission official may serve the subpoena in the
3056	3056	same manner as similar process in a court of record having original
3057	3057	jurisdiction of criminal actions is served.
3058	3058	[(d) A person who testifies falsely, fails to appear when
3059	3059	subpoenaed, or fails or refuses to produce material under the
3060	3060	subpoena is subject to the same orders and penalties to which a
3061	3061	person taking those actions before a court is subject.
3062	3062	[(e) On application of the commission, a court of record
3063	3063	having original jurisdiction of criminal actions may compel the
3064	3064	attendance of a witness, the production of material, or the giving
3065	3065	of testimony before the hearings examiner, by an attachment for
3066	3066	contempt or in the same manner as the court may otherwise compel the
3067	3067	production of evidence.
3068	3068	[Sec. 61.076]. TYPE OF TREATMENT PERMITTED. (a) As a
3069	3069	means of correcting the socially harmful tendencies of a child
3070	3070	committed to the department [it], the department [commission] may:
3071	3071	(1) require the child to participate in moral,
3072	3072	academic, vocational, physical, and correctional training and
3073	3073	activities;
3074	3074	(2) require the modes of life and conduct that seem
3075	3075	best adapted to fit the child for return to full liberty without
3076	3076	danger to the public;
3077	3077	(3) provide any medical or psychiatric treatment that
3078	3078	is necessary; and
3079	3079	(4) place physically fit children in
3080	3080	parks-maintenance camps, forestry camps, or ranches owned by the
3081	3081	state or the United States and require the performance of suitable
3082	3082	conservation and maintenance work.
3083	3083	(b) The dominant purpose of placing children in camps is to
3084	3084	benefit and rehabilitate the children rather than to make the camps
3085	3085	self-sustaining. Children placed in camps may not be exploited.
3086	3086	Sec. 244.007 [61.0761]. FAMILY PROGRAMS. The department
3087	3087	[commission] shall develop programs that encourage family
3088	3088	involvement in the rehabilitation of the child.
3089	3089	Sec. 244.0075 [61.07611]. RESTRAINT OF PREGNANT JUVENILE.
3090	3090	(a) The department [commission] may not use restraints to control
3091	3091	the movement of a pregnant child who is committed to the department
3092	3092	[commission] at any time during which the child is in labor or
3093	3093	delivery or recovering from delivery, unless the executive director
3094	3094	or executive director's designee determines that the use of
3095	3095	restraints is necessary to:
3096	3096	(1) ensure the safety and security of the child or her
3097	3097	infant, department [commission] or medical personnel, or any member
3098	3098	of the public; or
3099	3099	(2) prevent a substantial risk that the child will
3100	3100	attempt escape.
3101	3101	(b) If a determination to use restraints is made under
3102	3102	Subsection (a), the type of restraint used and the manner in which
3103	3103	the restraint is used must be the least restrictive available under
3104	3104	the circumstances to ensure safety and security or to prevent
3105	3105	escape.
3106	3106	Sec. 244.008 [61.0762]. INFANT CARE AND PARENTING PROGRAM.
3107	3107	(a) In this section, "child" means the child of a person who is
3108	3108	committed to the department [commission].
3109	3109	(b) The department [commission] may establish child care
3110	3110	and parenting programs for persons committed to the department
3111	3111	[commission] who are parents.
3112	3112	(c) The department [commission] may permit a mother to have
3113	3113	possession of her child in a residential program that has an infant
3114	3114	care and parenting program or to have possession of her child in a
3115	3115	department-funded [commission-funded] independent living
3116	3116	residence for up to six months if:
3117	3117	(1) the child's father or another relative or guardian
3118	3118	of the child agrees in advance of the child's placement with the
3119	3119	child's mother to assume possession of the child immediately upon
3120	3120	notice by the department [commission] to do so;
3121	3121	(2) the child's parents and any other person having a
3122	3122	duty of support acknowledge that by permitting the mother to have
3123	3123	possession of the child while the mother is confined in a
3124	3124	residential facility or placed in an independent living residence,
3125	3125	the department [commission] assumes no responsibility for the
3126	3126	child's care beyond the responsibility of care that is ordinarily
3127	3127	due the child's mother and the reasonable accommodations that are
3128	3128	necessary for the mother's care of her child;
3129	3129	(3) the child's parents and any other person having a
3130	3130	duty of support agree to indemnify and hold the department
3131	3131	[commission] harmless from any claims that may be made against the
3132	3132	department [commission] for the child's support, including medical
3133	3133	support; and
3134	3134	(4) the department [commission] determines that the
3135	3135	placement is in the best interest of both the mother and her child.
3136	3136	Sec. 244.009. HEALTH CARE DELIVERY SYSTEM. (a) In
3137	3137	providing medical care, behavioral health care, or rehabilitation
3138	3138	services, the department shall integrate the provision of those
3139	3139	services in an integrated comprehensive delivery system.
3140	3140	(b) The delivery system may be used to deliver any medical,
3141	3141	behavioral health, or rehabilitation services provided to a child
3142	3142	in the custody of the department, including:
3143	3143	(1) health care;
3144	3144	(2) dental care;
3145	3145	(3) behavioral health care;
3146	3146	(4) substance abuse treatment;
3147	3147	(5) nutrition;
3148	3148	(6) programming;
3149	3149	(7) case management; and
3150	3150	(8) general rehabilitation services, including
3151	3151	educational, spiritual, daily living, recreational, and security
3152	3152	services.
3153	3153	Sec. 244.010 [61.0763. RIGHTS OF PARENTS. (a) The
3154	3154	commission, in consultation with advocacy and support groups such
3155	3155	as those described in Section 61.0386(a), shall develop a parent's
3156	3156	bill of rights for distribution to the parent or guardian of a child
3157	3157	who is under 18 years of age and committed to the commission. The
3158	3158	parent's bill of rights must include:
3159	3159	[(1) a description of the commission's grievance
3160	3160	policies and procedures, including contact information for the
3161	3161	office of inspector general and the office of the independent
3162	3162	ombudsman established under Chapter 64;
3163	3163	[(2) a list of possible incidents that require
3164	3164	parental notification;
3165	3165	[(3) policies concerning visits and telephone
3166	3166	conversations with a child committed to the commission;
3167	3167	[(4) a description of commission caseworker
3168	3168	responsibilities;
3169	3169	[(5) a statement that the commission caseworker
3170	3170	assigned to a child may assist the child's parent or guardian in
3171	3171	obtaining information and services from the commission and other
3172	3172	resources concerning:
3173	3173	[(A) counseling, including substance abuse and
3174	3174	mental health counseling;
3175	3175	[(B) assistance programs, including financial
3176	3176	and travel assistance programs for visiting a child committed to
3177	3177	the commission;
3178	3178	[(C) workforce preparedness programs;
3179	3179	[(D) parenting programs; and
3180	3180	[(E) commission seminars; and
3181	3181	[(6) information concerning the indeterminate
3182	3182	sentencing structure at the commission, an explanation of reasons
3183	3183	that a child's commitment at the commission could be extended, and
3184	3184	an explanation of the review process under Sections 61.0815 and
3185	3185	61.0816 for a child committed to the commission without a
3186	3186	determinate sentence.
3187	3187	[(b) Not later than 48 hours after the time a child is
3188	3188	admitted to a commission facility, the commission shall mail to the
3189	3189	child's parent or guardian at the last known address of the parent
3190	3190	or guardian:
3191	3191	[(1) the parent's bill of rights; and
3192	3192	[(2) the contact information of the commission
3193	3193	caseworker assigned to the child.
3194	3194	[(c) The commission shall on a quarterly basis provide to
3195	3195	the parent, guardian, or designated advocate of a child who is in
3196	3196	the custody of the commission a report concerning the progress of
3197	3197	the child at the commission, including:
3198	3198	[(1) the academic and behavioral progress of the
3199	3199	child; and
3200	3200	[(2) the results of any reexamination of the child
3201	3201	conducted under Section 61.072.
3202	3202	[(d) The commission shall ensure that written information
3203	3203	provided to a parent or guardian regarding the rights of a child in
3204	3204	the custody of the commission or the rights of a child's parent or
3205	3205	guardian, including the parent's bill of rights, is clear and easy
3206	3206	to understand.
3207	3207	[(e) The commission shall ensure that if the Department of
3208	3208	Family and Protective Services has been appointed managing
3209	3209	conservator of a child, the department is given the same rights as
3210	3210	the child's parent under the parent's bill of rights developed under
3211	3211	this section.
3212	3212	[Sec. 61.0764]. DEPARTMENT [COMMISSION] CASEWORKERS. (a)
3213	3213	The department [commission] shall assign a caseworker to a child
3214	3214	committed to the department [commission]. A department
3215	3215	[commission] caseworker shall:
3216	3216	(1) explore family issues and needs with the parent or
3217	3217	guardian of a child committed to the department [commission];
3218	3218	(2) as needed, provide the parent or guardian of a
3219	3219	child committed to the department [commission] with information
3220	3220	concerning programs and services provided by the department
3221	3221	[commission] or another resource; and
3222	3222	(3) perform other duties required by the department
3223	3223	[commission].
3224	3224	(b) A department [commission] caseworker shall:
3225	3225	(1) at least once a month, attempt to contact the
3226	3226	child's parent or guardian by phone, in person while the parent or
3227	3227	guardian is visiting the facility, or, if necessary, by mail;
3228	3228	(2) if unsuccessful in contacting the child's parent
3229	3229	or guardian under Subdivision (1), attempt at least one additional
3230	3230	time each month to contact the child's parent or guardian; and
3231	3231	(3) document successful as well as unsuccessful
3232	3232	attempts to contact the child's parent or guardian.
3233	3233	(c) To the extent practicable, a caseworker or another
3234	3234	facility administrator shall attempt to communicate with a parent
3235	3235	or guardian who does not speak English in the language of choice of
3236	3236	the parent or guardian.
3237	3237	[Sec. 61.0765. REPORTING CONCERNING RESEARCH PROGRAMS OR
3238	3238	STUDIES. (a) The commission shall keep records relating to
3239	3239	children committed to it that participate in research programs or
3240	3240	studies.
3241	3241	[(b) The records must show, for each calendar quarter and
3242	3242	for each calendar year:
3243	3243	[(1) the number of children participating in research
3244	3244	programs or studies for the appropriate reporting period;
3245	3245	[(2) the type of research program or study in which
3246	3246	each child is participating;
3247	3247	[(3) the name of the principal investigator conducting
3248	3248	the research program or study; and
3249	3249	[(4) the entity sponsoring the research program or
3250	3250	study.
3251	3251	[(c) The commission shall submit a report that contains the
3252	3252	information in the records kept under Subsection (b) on or before
3253	3253	the 15th day after the last day of the appropriate reporting period
3254	3254	to the:
3255	3255	[(1) governor;
3256	3256	[(2) lieutenant governor;
3257	3257	[(3) speaker of the house of representatives; and
3258	3258	[(4) members of the legislature.
3259	3259	[(d) A report submitted under this section is public
3260	3260	information under Chapter 552, Government Code.]
3261	3261	Sec. 244.0105 [61.0766]. REPORT CONCERNING FOSTER CHILDREN
3262	3262	COMMITTED TO DEPARTMENT [COMMISSION]. (a) Not later than the 10th
3263	3263	day before the date of a permanency hearing under Subchapter D,
3264	3264	Chapter 263, Family Code, or a placement review hearing under
3265	3265	Subchapter F, Chapter 263, Family Code, regarding a child for whom
3266	3266	the Department of Family and Protective Services has been appointed
3267	3267	managing conservator, a department [commission] caseworker shall
3268	3268	submit a written report regarding the child's commitment to the
3269	3269	department [commission] to:
3270	3270	(1) the court;
3271	3271	(2) the Department of Family and Protective Services;
3272	3272	(3) any attorney ad litem or guardian ad litem
3273	3273	appointed for the child; and
3274	3274	(4) any volunteer advocate appointed for the child.
3275	3275	(b) The report required by Subsection (a) must include:
3276	3276	(1) the results of any assessments of the child during
3277	3277	the child's commitment to the department [commission], including
3278	3278	assessments of the child's emotional, mental, educational,
3279	3279	psychological, psychiatric, medical, or physical needs;
3280	3280	(2) information regarding the child's placement in
3281	3281	particular programs administered by the department [commission];
3282	3282	and
3283	3283	(3) a description of the child's progress in programs
3284	3284	administered by the department [commission].
3285	3285	Sec. 244.0106 [61.0767]. RULES REGARDING SERVICES FOR
3286	3286	FOSTER CHILDREN. (a) The board [commission] and the executive
3287	3287	commissioner of the Health and Human Services Commission shall
3288	3288	jointly adopt rules to ensure that a child for whom the Department
3289	3289	of Family and Protective Services has been appointed managing
3290	3290	conservator receives appropriate services while the child is
3291	3291	committed to the department [commission] or released under
3292	3292	supervision by the department [commission].
3293	3293	(b) The rules adopted under this section must require the
3294	3294	department [commission] and the Department of Family and Protective
3295	3295	Services to cooperate in providing appropriate services to a child
3296	3296	for whom the Department of Family and Protective Services has been
3297	3297	appointed managing conservator while the child is committed to the
3298	3298	department [commission] or released under supervision by the
3299	3299	department [commission], including:
3300	3300	(1) medical care, as defined by Section 266.001,
3301	3301	Family Code;
3302	3302	(2) mental health treatment and counseling;
3303	3303	(3) education, including special education;
3304	3304	(4) case management;
3305	3305	(5) drug and alcohol abuse assessment or treatment;
3306	3306	(6) sex offender treatment; and
3307	3307	(7) trauma informed care.
3308	3308	(c) The rules adopted under this section must require:
3309	3309	(1) the Department of Family and Protective Services
3310	3310	to:
3311	3311	(A) provide the department [commission] with
3312	3312	access to relevant health and education information regarding a
3313	3313	child; and
3314	3314	(B) require a child's caseworker to visit the
3315	3315	child in person at least once each month while the child is
3316	3316	committed to the department [commission];
3317	3317	(2) the department [commission] to:
3318	3318	(A) provide the Department of Family and
3319	3319	Protective Services with relevant health and education information
3320	3320	regarding a child;
3321	3321	(B) permit communication, including in person,
3322	3322	by telephone, and by mail, between a child committed to the
3323	3323	department [commission] and:
3324	3324	(i) the Department of Family and Protective
3325	3325	Services; and
3326	3326	(ii) the attorney ad litem, the guardian ad
3327	3327	litem, and the volunteer advocate for the child; and
3328	3328	(C) provide the Department of Family and
3329	3329	Protective Services and any attorney ad litem or guardian ad litem
3330	3330	for the child with timely notice of the following events relating to
3331	3331	the child:
3332	3332	(i) a meeting designed to develop or revise
3333	3333	the individual case plan for the child;
3334	3334	(ii) in accordance with any participation
3335	3335	protocols to which the Department of Family and Protective Services
3336	3336	and the department [commission] agree, a medical appointment at
3337	3337	which a person authorized to consent to medical care must
3338	3338	participate as required by Section 266.004(i), Family Code;
3339	3339	(iii) an education meeting, including
3340	3340	admission, review, or dismissal meetings for a child receiving
3341	3341	special education;
3342	3342	(iv) a grievance or disciplinary hearing
3343	3343	for the child;
3344	3344	(v) a report of abuse or neglect of the
3345	3345	child; and
3346	3346	(vi) a significant medical condition of the
3347	3347	child, as defined by Section 266.005, Family Code; and
3348	3348	(3) the Department of Family and Protective Services
3349	3349	and the department [commission] to participate in transition
3350	3350	planning for the child through release from detention, release
3351	3351	under supervision, and discharge.
3352	3352	Sec. 244.011 [61.077]. CHILDREN WITH MENTAL ILLNESS OR
3353	3353	MENTAL RETARDATION. (a) The department [commission] shall accept
3354	3354	a child committed to the department [commission] who is mentally
3355	3355	ill or mentally retarded.
3356	3356	(b) Unless a child is committed to the department
3357	3357	[commission] under a determinate sentence under Section
3358	3358	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department
3359	3359	[commission] shall discharge a child who is mentally ill or
3360	3360	mentally retarded from its custody if:
3361	3361	(1) the child has completed the minimum length of stay
3362	3362	for the child's committing offense; and
3363	3363	(2) the department [commission] determines that the
3364	3364	child is unable to progress in the department's [commission's]
3365	3365	rehabilitation programs because of the child's mental illness or
3366	3366	mental retardation.
3367	3367	(c) If a child who is discharged from the department
3368	3368	[commission] under Subsection (b) as a result of mental illness is
3369	3369	not receiving court-ordered mental health services, the child's
3370	3370	discharge is effective on the earlier of:
3371	3371	(1) the date the court enters an order regarding an
3372	3372	application for mental health services filed under Section
3373	3373	244.012(b) [61.0772(b)]; or
3374	3374	(2) the 30th day after the date the application is
3375	3375	filed.
3376	3376	(d) If a child who is discharged from the department
3377	3377	[commission] under Subsection (b) as a result of mental illness is
3378	3378	receiving court-ordered mental health services, the child's
3379	3379	discharge from the department [commission] is effective
3380	3380	immediately. If the child is receiving mental health services
3381	3381	outside the child's home county, the department [commission] shall
3382	3382	notify the mental health authority located in that county of the
3383	3383	discharge not later than the 30th day after the date that the
3384	3384	child's discharge is effective.
3385	3385	(e) If a child who is discharged from the department
3386	3386	[commission] under Subsection (b) as a result of mental retardation
3387	3387	is not receiving mental retardation services, the child's discharge
3388	3388	is effective on the earlier of:
3389	3389	(1) the date the court enters an order regarding an
3390	3390	application for mental retardation services filed under Section
3391	3391	244.012(b) [61.0772(c)]; or
3392	3392	(2) the 30th day after the date that the application is
3393	3393	filed.
3394	3394	(f) If a child who is discharged from the department
3395	3395	[commission] under Subsection (b) as a result of mental retardation
3396	3396	is receiving mental retardation services, the child's discharge
3397	3397	from the department [commission] is effective immediately.
3398	3398	(g) If a child who is mentally ill or mentally retarded is
3399	3399	discharged from the department [commission] under Subsection (b),
3400	3400	the child is eligible to receive continuity of care services from
3401	3401	the Texas Correctional Office on Offenders with Medical or Mental
3402	3402	Impairments under Chapter 614, Health and Safety Code.
3403	3403	Sec. 244.012 [61.0772]. EXAMINATION BEFORE DISCHARGE. (a)
3404	3404	The department [commission] shall establish a system that
3405	3405	identifies children in the department's [commission's] custody who
3406	3406	are mentally ill or mentally retarded.
3407	3407	(b) Before a child who is identified as mentally ill is
3408	3408	discharged from the department's [commission's] custody under
3409	3409	Section 244.011(b) [61.077(b)], a department [commission]
3410	3410	psychiatrist shall examine the child. The department [commission]
3411	3411	shall refer a child requiring outpatient psychiatric treatment to
3412	3412	the appropriate mental health authority. For a child requiring
3413	3413	inpatient psychiatric treatment, the department [commission] shall
3414	3414	file a sworn application for court-ordered mental health services,
3415	3415	as provided in Subchapter C, Chapter 574, Health and Safety Code,
3416	3416	if:
3417	3417	(1) the child is not receiving court-ordered mental
3418	3418	health services; and
3419	3419	(2) the psychiatrist who examined the child determines
3420	3420	that the child is mentally ill and the child meets at least one of
3421	3421	the criteria listed in Section 574.034, Health and Safety Code.
3422	3422	(c) Before a child who is identified as mentally retarded
3423	3423	under Chapter 593, Health and Safety Code, is discharged from the
3424	3424	department's [commission's] custody under Section 244.011(b)
3425	3425	[61.077(b)], the department [commission] shall refer the child for
3426	3426	mental retardation services if the child is not receiving mental
3427	3427	retardation services.
3428	3428	Sec. 244.0125 [61.0773]. TRANSFER OF CERTAIN CHILDREN
3429	3429	SERVING DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) The
3430	3430	department [commission] may petition the juvenile court that
3431	3431	entered the order of commitment for a child for the initiation of
3432	3432	mental health commitment proceedings if the child is committed to
3433	3433	the department [commission] under a determinate sentence under
3434	3434	Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code.
3435	3435	(b) A petition made by the department [commission] shall be
3436	3436	treated as a motion under Section 55.11, Family Code, and the
3437	3437	juvenile court shall proceed in accordance with Subchapter B,
3438	3438	Chapter 55, Family Code.
3439	3439	(c) The department [commission] shall cooperate with the
3440	3440	juvenile court in any proceeding under this section.
3441	3441	(d) The juvenile court shall credit to the term of the
3442	3442	child's commitment to the department [commission] any time the
3443	3443	child is committed to an inpatient mental health facility.
3444	3444	(e) A child committed to an inpatient mental health facility
3445	3445	as a result of a petition filed under this section may not be
3446	3446	released from the facility on a pass or furlough.
3447	3447	(f) If the term of an order committing a child to an
3448	3448	inpatient mental health facility is scheduled to expire before the
3449	3449	end of the child's sentence and another order committing the child
3450	3450	to an inpatient mental health facility is not scheduled to be
3451	3451	entered, the inpatient mental health facility shall notify the
3452	3452	juvenile court that entered the order of commitment committing the
3453	3453	child to the department [commission]. The juvenile court may
3454	3454	transfer the child to the custody of the department [commission],
3455	3455	transfer the child to the Texas Department of Criminal Justice, or
3456	3456	release the child under supervision, as appropriate.
3457	3457	Sec. 244.013 [61.078]. NOTICE OF PENDING DISCHARGE. As
3458	3458	soon as practicable after the department [commission] makes a
3459	3459	decision to discharge a child or authorize the child's absence from
3460	3460	the department's [its] custody, the department [commission] shall
3461	3461	give notice of the department's [its] decision to the juvenile
3462	3462	court and the office of the prosecuting attorney of the county in
3463	3463	which the adjudication that the child engaged in delinquent conduct
3464	3464	was made.
3465	3465	Sec. 244.014 [61.079]. REFERRAL OF VIOLENT AND HABITUAL
3466	3466	OFFENDERS FOR TRANSFER. (a) After a child sentenced to commitment
3467	3467	under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
3468	3468	becomes 16 years of age but before the child becomes 19 years of
3469	3469	age, the department [commission] may refer the child to the
3470	3470	juvenile court that entered the order of commitment for approval of
3471	3471	the child's transfer to the Texas Department of Criminal Justice
3472	3472	for confinement if:
3473	3473	(1) the child has not completed the sentence; and
3474	3474	(2) the child's conduct, regardless of whether the
3475	3475	child was released under supervision under Section 245.051
3476	3476	[61.081], indicates that the welfare of the community requires the
3477	3477	transfer.
3478	3478	(b) The department [commission] shall cooperate with the
3479	3479	court on any proceeding on the transfer of the child.
3480	3480	(c) If a child is released under supervision, a juvenile
3481	3481	court adjudication that the child engaged in delinquent conduct
3482	3482	constituting a felony offense, a criminal court conviction of the
3483	3483	child for a felony offense, or a determination under Section
3484	3484	244.005(4) [61.075(4)] revoking the child's release under
3485	3485	supervision is required before referral of the child to the
3486	3486	juvenile court under Subsection (a).
3487	3487	Sec. 244.015 [61.0791]. EVALUATION OF CERTAIN CHILDREN
3488	3488	SERVING DETERMINATE SENTENCES. (a) When a child who is sentenced
3489	3489	to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
3490	3490	Family Code, becomes 18 years of age, the department [commission]
3491	3491	shall evaluate whether the child is in need of additional services
3492	3492	that can be completed in the six-month period after the child's 18th
3493	3493	birthday to prepare the child for release from the custody of the
3494	3494	department [commission] or transfer to the Texas Department of
3495	3495	Criminal Justice.
3496	3496	(b) This section does not apply to a child who is released
3497	3497	from the custody of the department [commission] or who is
3498	3498	transferred to the Texas Department of Criminal Justice before the
3499	3499	child's 18th birthday.
3500	3500	SUBCHAPTER B. PROVISION OF CERTAIN INFORMATION; RIGHTS OF PARENTS
3501	3501	Sec. 244.051. INFORMATION AVAILABLE TO CHILDREN, PARENTS,
3502	3502	AND OTHERS. (a) In the interest of achieving the purpose of the
3503	3503	department and protecting the public, the department may disclose
3504	3504	records and other information concerning a child to the child and
3505	3505	the child's parent or guardian only if disclosure would not
3506	3506	materially harm the treatment and rehabilitation of the child and
3507	3507	would not substantially decrease the likelihood of the department
3508	3508	receiving information from the same or similar sources in the
3509	3509	future. Information concerning a person who is age 18 or older may
3510	3510	not be disclosed to the person's parent or guardian without the
3511	3511	person's consent.
3512	3512	(b) The department may disclose information regarding a
3513	3513	child's location and committing court to a person having a
3514	3514	legitimate need for the information.
3515	3515	(c) The department may disclose to a peace officer or law
3516	3516	enforcement agency images of children recorded by an electronic
3517	3517	recording device and incident reporting and investigation
3518	3518	documents containing the names of children if the information is
3519	3519	relevant to the investigation of a criminal offense alleged to have
3520	3520	occurred in a facility operated by or under contract with the
3521	3521	department.
3522	3522	(d) Notwithstanding Subsection (a), if the Department of
3523	3523	Family and Protective Services has been appointed managing
3524	3524	conservator for a child, the department shall disclose records and
3525	3525	other information concerning the child to the Department of Family
3526	3526	and Protective Services as provided by the rules of the Department
3527	3527	of Family and Protective Services.
3528	3528	Sec. 244.052. RIGHTS OF PARENTS. (a) The department, in
3529	3529	consultation with advocacy and support groups such as those
3530	3530	described in Section 242.056(a), shall develop a parent's bill of
3531	3531	rights for distribution to the parent or guardian of a child who is
3532	3532	under 18 years of age and committed to the department. The parent's
3533	3533	bill of rights must include:
3534	3534	(1) a description of the department's grievance
3535	3535	policies and procedures, including contact information for the
3536	3536	office of inspector general and the office of the independent
3537	3537	ombudsman established under Chapter 261;
3538	3538	(2) a list of possible incidents that require parental
3539	3539	notification;
3540	3540	(3) policies concerning visits and telephone
3541	3541	conversations with a child committed to the department;
3542	3542	(4) a description of department caseworker
3543	3543	responsibilities;
3544	3544	(5) a statement that the department caseworker
3545	3545	assigned to a child may assist the child's parent or guardian in
3546	3546	obtaining information and services from the department and other
3547	3547	resources concerning:
3548	3548	(A) counseling, including substance abuse and
3549	3549	mental health counseling;
3550	3550	(B) assistance programs, including financial and
3551	3551	travel assistance programs for visiting a child committed to the
3552	3552	department;
3553	3553	(C) workforce preparedness programs;
3554	3554	(D) parenting programs; and
3555	3555	(E) department seminars; and
3556	3556	(6) information concerning the indeterminate
3557	3557	sentencing structure at the department, an explanation of reasons
3558	3558	that a child's commitment at the department could be extended, and
3559	3559	an explanation of the review process under Sections 245.101 and
3560	3560	245.104 for a child committed to the department without a
3561	3561	determinate sentence.
3562	3562	(b) Not later than 48 hours after the time a child is
3563	3563	admitted to a department facility, the department shall mail to the
3564	3564	child's parent or guardian at the last known address of the parent
3565	3565	or guardian:
3566	3566	(1) the parent's bill of rights; and
3567	3567	(2) the contact information of the department
3568	3568	caseworker assigned to the child.
3569	3569	(c) The department shall on a quarterly basis provide to the
3570	3570	parent, guardian, or designated advocate of a child who is in the
3571	3571	custody of the department a report concerning the progress of the
3572	3572	child at the department, including:
3573	3573	(1) the academic and behavioral progress of the child;
3574	3574	and
3575	3575	(2) the results of any reexamination of the child
3576	3576	conducted under Section 244.002.
3577	3577	(d) The department shall ensure that written information
3578	3578	provided to a parent or guardian regarding the rights of a child in
3579	3579	the custody of the department or the rights of a child's parent or
3580	3580	guardian, including the parent's bill of rights, is clear and easy
3581	3581	to understand.
3582	3582	(e) The department shall ensure that if the Department of
3583	3583	Family and Protective Services has been appointed managing
3584	3584	conservator of a child, the Department of Family and Protective
3585	3585	Services is given the same rights as the child's parent under the
3586	3586	parent's bill of rights developed under this section.
3587	3587	CHAPTER 245 [SUBCHAPTER F]. RELEASE
3588	3588	SUBCHAPTER A. GENERAL PROVISIONS
3589	3589	Sec. 245.001. PAROLE OFFICERS; PAROLE MANAGEMENT. (a) The
3590	3590	department may employ parole officers to investigate, place,
3591	3591	supervise, and direct the activities of a parolee to ensure the
3592	3592	parolee's adjustment to society in accordance with the rules
3593	3593	adopted by the board.
3594	3594	(b) Parole officers may work with local organizations,
3595	3595	clubs, and agencies to formulate plans and procedures for the
3596	3596	prevention of juvenile delinquency.
3597	3597	(c) The department shall develop a management system for
3598	3598	parole services that objectively measures and provides for:
3599	3599	(1) the systematic examination of children's needs and
3600	3600	the development of treatment plans to address those needs;
3601	3601	(2) the evaluation of homes, foster homes, and public
3602	3602	and private institutions as constructive parole placements;
3603	3603	(3) the classification of children based on the level
3604	3604	of children's needs and the degree of risk presented to the public;
3605	3605	(4) the objective measurement of parole officer
3606	3606	workloads; and
3607	3607	(5) the gathering and analysis of information related
3608	3608	to the effectiveness of parole services and to future parole
3609	3609	requirements.
3610	3610	Sec. 245.002. CONTRACTS WITH COUNTIES. (a) The department
3611	3611	may make a contract with a county to use the services of the
3612	3612	county's juvenile probation department for the supervision of
3613	3613	children within the county who are on furlough from a department
3614	3614	facility or who are released under supervision from a department
3615	3615	facility.
3616	3616	(b) Payments under a contract described by Subsection (a)
3617	3617	shall be made to the county treasurer on a quarterly schedule.
3618	3618	(c) The department may not pay a county for supervision of a
3619	3619	child for any time after the child:
3620	3620	(1) is discharged from the department's custody;
3621	3621	(2) is returned to a department facility; or
3622	3622	(3) transfers the child's residence to another county
3623	3623	or state.
3624	3624	(d) A county that has a contract with the department must
3625	3625	report to the department on the status and progress of each child
3626	3626	for whom the county is receiving payments. The reports shall be
3627	3627	made at the time and in the manner specified by the contract.
3628	3628	SUBCHAPTER B. AUTHORITY TO RELEASE; RESUMPTION OF CARE
3629	3629	Sec. 245.051 [61.081]. RELEASE UNDER SUPERVISION. (a) The
3630	3630	department [commission] may release under supervision any child in
3631	3631	the department's [its] custody and place the child in the child's
3632	3632	[his or her] home or in any situation or family approved by the
3633	3633	department [commission]. Prior to placing a child in the child's
3634	3634	[his or her] home, the department [commission] shall evaluate the
3635	3635	home setting to determine the level of supervision and quality of
3636	3636	care that is available in the home.
3637	3637	(b) [Subject to legislative appropriation, the commission
3638	3638	may employ parole officers to investigate, place, supervise, and
3639	3639	direct the activities of a parolee to ensure the parolee's
3640	3640	adjustment to society in accordance with the rules adopted by the
3641	3641	commission.
3642	3642	[(c) Parole officers may work with local organizations,
3643	3643	clubs, and agencies to formulate plans and procedures for the
3644	3644	prevention of juvenile delinquency.
3645	3645	[(d) The commission may resume the care and custody of any
3646	3646	child released under supervision at any time before the final
3647	3647	discharge of the child.
3648	3648	[(e)] Not later than 10 days before the day the department
3649	3649	[commission] releases a child under this section, the department
3650	3650	[commission] shall give notice of the release to the juvenile court
3651	3651	and the office of the prosecuting attorney of the county in which
3652	3652	the adjudication that the child engaged in delinquent conduct was
3653	3653	made.
3654	3654	(c) [(f)] If a child is committed to the department
3655	3655	[commission] under a determinate sentence under Section
3656	3656	54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
3657	3657	the department [commission] may not release the child under
3658	3658	supervision without approval of the juvenile court that entered the
3659	3659	order of commitment unless the child has served at least:
3660	3660	(1) 10 years, if the child was sentenced to commitment
3661	3661	for conduct constituting capital murder;
3662	3662	(2) 3 years, if the child was sentenced to commitment
3663	3663	for conduct constituting an aggravated controlled substance felony
3664	3664	or a felony of the first degree;
3665	3665	(3) 2 years, if the child was sentenced to commitment
3666	3666	for conduct constituting a felony of the second degree; or
3667	3667	(4) 1 year, if the child was sentenced to commitment
3668	3668	for conduct constituting a felony of the third degree.
3669	3669	(d) [(g)] The department [commission] may request the
3670	3670	approval of the court under this section at any time.
3671	3671	(e) The department may resume the care and custody of any
3672	3672	child released under supervision at any time before the final
3673	3673	discharge of the child.
3674	3674	(f) [(h)] If the department [commission] finds that a child
3675	3675	has violated an order under which the child is released under
3676	3676	supervision, on notice by any reasonable method to all persons
3677	3677	affected, the department [commission] may order the child:
3678	3678	(1) to return to an institution;
3679	3679	(2) if the violation resulted in property damage or
3680	3680	personal injury:
3681	3681	(A) to make full or partial restitution to the
3682	3682	victim of the offense; or
3683	3683	(B) if the child is financially unable to make
3684	3684	full or partial restitution, to perform services for a charitable
3685	3685	or educational institution; or
3686	3686	(3) to comply with any other conditions the department
3687	3687	[commission] considers appropriate.
3688	3688	(g) [(i)] Notwithstanding Subsection (c) [(f)], if a child
3689	3689	is committed to the department [commission] under a determinate
3690	3690	sentence under Section 54.04(d)(3), Section 54.04(m), or Section
3691	3691	54.05(f), Family Code, the department [commission] may release the
3692	3692	child under supervision without approval of the juvenile court that
3693	3693	entered the order of commitment if not more than nine months remain
3694	3694	before the child's discharge under Section 245.151(b) [61.084(b)].
3695	3695	Sec. 245.052 [61.0811. PAROLE MANAGEMENT. The commission
3696	3696	shall develop a management system for parole services that
3697	3697	objectively measures and provides for:
3698	3698	[(1) the systematic examination of children's needs
3699	3699	and the development of treatment plans to address those needs;
3700	3700	[(2) the evaluation of homes, foster homes, and public
3701	3701	and private institutions as constructive parole placements;
3702	3702	[(3) the classification of children based on the level
3703	3703	of children's needs and the degree of risk presented to the public;
3704	3704	[(4) the objective measurement of parole officer
3705	3705	workloads; and
3706	3706	[(5) the gathering and analysis of information related
3707	3707	to the effectiveness of parole services and to future parole
3708	3708	requirements.
3709	3709	[Sec. 61.0812]. SUBSTANCE ABUSE TREATMENT [FOR SUBSTANCE
3710	3710	ABUSE]. Subject to an express appropriation to fund the treatment
3711	3711	programs required by this section, the department [commission] may
3712	3712	not release a child under supervision or parole a child if:
3713	3713	(1) the child has a substance abuse problem, including
3714	3714	the use of a controlled substance, hazardous inhalable substances,
3715	3715	or alcohol habitually; and
3716	3716	(2) the child has not completed a treatment program
3717	3717	for the problem.
3718	3718	Sec. 245.053 [61.0813]. SEX OFFENDER COUNSELING AND
3719	3719	TREATMENT. (a) Before releasing a child described by Subsection
3720	3720	(b) under supervision, the department [commission]:
3721	3721	(1) may require as a condition of release that the
3722	3722	child:
3723	3723	(A) attend psychological counseling sessions for
3724	3724	sex offenders as provided by Subsection (e); and
3725	3725	(B) submit to a polygraph examination as provided
3726	3726	by Subsection (f) for purposes of evaluating the child's treatment
3727	3727	progress; and
3728	3728	(2) shall require as a condition of release that the
3729	3729	child:
3730	3730	(A) register under Chapter 62, Code of Criminal
3731	3731	Procedure; and
3732	3732	(B) submit a blood sample or other specimen to
3733	3733	the Department of Public Safety under Subchapter G, Chapter 411,
3734	3734	Government Code, for the purpose of creating a DNA record of the
3735	3735	child, unless the child has already submitted the required specimen
3736	3736	under other state law.
3737	3737	(b) This section applies to a child adjudicated for engaging
3738	3738	in delinquent conduct constituting an offense for which the child
3739	3739	is required to register as a sex offender under Chapter 62, Code of
3740	3740	Criminal Procedure.
3741	3741	(c) Psychological counseling required as a condition of
3742	3742	release under Subsection (a) must be with an individual or
3743	3743	organization that:
3744	3744	(1) provides sex offender treatment or counseling;
3745	3745	(2) is specified by the department [commission]; and
3746	3746	(3) meets minimum standards of counseling established
3747	3747	by the department [commission].
3748	3748	(d) A polygraph examination required as a condition of
3749	3749	release under Subsection (a) must be administered by an individual
3750	3750	who is:
3751	3751	(1) specified by the department [commission]; and
3752	3752	(2) licensed as a polygraph examiner under Chapter
3753	3753	1703, Occupations Code.
3754	3754	(e) In addition to specifying a sex offender treatment
3755	3755	provider to provide counseling to a child described by Subsection
3756	3756	(b), the department [commission] shall:
3757	3757	(1) establish with the cooperation of the treatment
3758	3758	provider the date, time, and place of the first counseling session
3759	3759	between the child and the treatment provider;
3760	3760	(2) notify the child and the treatment provider before
3761	3761	the release of the child of the date, time, and place of the first
3762	3762	counseling session between the child and the treatment provider;
3763	3763	and
3764	3764	(3) require the treatment provider to notify the
3765	3765	department [commission] immediately if the child fails to attend
3766	3766	any scheduled counseling session.
3767	3767	(f) If the department [commission] specifies a polygraph
3768	3768	examiner under Subsection (d) to administer a polygraph examination
3769	3769	to a child, the department [commission] shall arrange for a
3770	3770	polygraph examination to be administered to the child:
3771	3771	(1) not later than the 60th day after the date the
3772	3772	child attends the first counseling session established under
3773	3773	Subsection (e); and
3774	3774	(2) after the initial polygraph examination, as
3775	3775	required by Subdivision (1), on the request of the treatment
3776	3776	provider specified under Subsection (c).
3777	3777	(g) If the department [commission] requires as a condition
3778	3778	of release that a child attend psychological counseling under
3779	3779	Subsection (a), the department [commission] shall notify the court
3780	3780	that committed the child to the department [commission]. After
3781	3781	receiving notification from the department [commission] under this
3782	3782	subsection, the court may order the parent or guardian of the child
3783	3783	to:
3784	3784	(1) attend four sessions of instruction with an
3785	3785	individual or organization specified by the department
3786	3786	[commission] relating to:
3787	3787	(A) sexual offenses;
3788	3788	(B) family communication skills;
3789	3789	(C) sex offender treatment;
3790	3790	(D) victims' rights;
3791	3791	(E) parental supervision; and
3792	3792	(F) appropriate sexual behavior; and
3793	3793	(2) during the time the child attends psychological
3794	3794	counseling, participate in monthly treatment groups conducted by
3795	3795	the child's treatment provider relating to the child's
3796	3796	psychological counseling.
3797	3797	(h) A court that orders a parent or guardian of a child to
3798	3798	attend instructional sessions and participate in treatment groups
3799	3799	under Subsection (g) shall require:
3800	3800	(1) the individual or organization specified by the
3801	3801	department [commission] under Subsection (g) to notify the court
3802	3802	immediately if the parent or guardian fails to attend any scheduled
3803	3803	instructional session; and
3804	3804	(2) the child's treatment provider specified under
3805	3805	Subsection (c) to notify the court immediately if the parent or
3806	3806	guardian fails to attend a session in which the parent or guardian
3807	3807	is required to participate in a scheduled treatment group.
3808	3808	(i) If the department [commission] requires as a condition
3809	3809	of release that a child attend psychological counseling under
3810	3810	Subsection (a), the department [commission] may, before the date
3811	3811	the period of release ends, petition the appropriate court to
3812	3812	request the court to extend the period of release for an additional
3813	3813	period necessary to complete the required counseling as determined
3814	3814	by the treatment provider, except that the release period may not be
3815	3815	extended to a date after the date of the child's 18th birthday.
3816	3816	Sec. 245.0535 [61.08131]. COMPREHENSIVE REENTRY AND
3817	3817	REINTEGRATION PLAN FOR CHILDREN; STUDY AND REPORT. (a) The
3818	3818	department [commission] shall develop a comprehensive plan for each
3819	3819	child committed to the custody of the department to reduce
3820	3820	recidivism and ensure the successful reentry and reintegration of
3821	3821	the child [children] into the community following the [a] child's
3822	3822	release under supervision or final discharge, as applicable, from
3823	3823	the department [commission]. The plan for a child must be designed
3824	3824	to ensure that the child receives an extensive continuity of care in
3825	3825	services from the time the child is committed to the department to
3826	3826	the time of the child's final discharge from the department. The
3827	3827	plan for a child must include, as applicable:
3828	3828	(1) housing assistance;
3829	3829	(2) a step-down program, such as placement in a
3830	3830	halfway house;
3831	3831	(3) family counseling;
3832	3832	(4) academic and vocational mentoring;
3833	3833	(5) trauma counseling for a child who is a victim of
3834	3834	abuse while in the custody of the department; and
3835	3835	(6) other specialized treatment services appropriate
3836	3836	for the child.
3837	3837	(b) The comprehensive reentry and reintegration plan
3838	3838	developed under this section must provide for:
3839	3839	(1) an assessment of each child committed to the
3840	3840	department [commission] to determine which skills the child needs
3841	3841	to develop to be successful in the community following release
3842	3842	under supervision or final discharge;
3843	3843	(2) programs that address the assessed needs of each
3844	3844	child;
3845	3845	(3) a comprehensive network of transition programs to
3846	3846	address the needs of children released under supervision or finally
3847	3847	discharged from the department [commission];
3848	3848	(4) the identification of providers of existing local
3849	3849	programs and transitional services with whom the department
3850	3850	[commission] may contract under this section to implement the
3851	3851	reentry and reintegration plan; and
3852	3852	(5) subject to Subsection (c), the sharing of
3853	3853	information between local coordinators, persons with whom the
3854	3854	department [commission] contracts under this section, and other
3855	3855	providers of services as necessary to adequately assess and address
3856	3856	the needs of each child.
3857	3857	(c) A child's personal health information may be disclosed
3858	3858	under Subsection (b)(5) only in the manner authorized by Section
3859	3859	244.051 [61.0731] or other state or federal law, provided that the
3860	3860	disclosure does not violate the Health Insurance Portability and
3861	3861	Accountability Act of 1996 (Pub. L. No. 104-191).
3862	3862	(d) The programs provided under Subsections (b)(2) and (3)
3863	3863	must:
3864	3864	(1) be implemented by highly skilled staff who are
3865	3865	experienced in working with reentry and reintegration programs for
3866	3866	children;
3867	3867	(2) provide children with:
3868	3868	(A) individualized case management and a full
3869	3869	continuum of care;
3870	3870	(B) life-skills training, including information
3871	3871	about budgeting, money management, nutrition, and exercise;
3872	3872	(C) education and, if a child has a learning
3873	3873	disability, special education;
3874	3874	(D) employment training;
3875	3875	(E) appropriate treatment programs, including
3876	3876	substance abuse and mental health treatment programs; and
3877	3877	(F) parenting and relationship-building classes;
3878	3878	and
3879	3879	(3) be designed to build for children post-release and
3880	3880	post-discharge support from the community into which the child is
3881	3881	released under supervision or finally discharged, including
3882	3882	support from agencies and organizations within that community.
3883	3883	(e) The department [commission] may contract and coordinate
3884	3884	with private vendors, units of local government, or other entities
3885	3885	to implement the comprehensive reentry and reintegration plan
3886	3886	developed under this section, including contracting to:
3887	3887	(1) coordinate the supervision and services provided
3888	3888	to children during the time children are in the custody of the
3889	3889	department [commission] with any supervision or services provided
3890	3890	children who have been released under supervision or finally
3891	3891	discharged from the department [commission];
3892	3892	(2) provide children awaiting release under
3893	3893	supervision or final discharge with documents that are necessary
3894	3894	after release or discharge, including identification papers,
3895	3895	medical prescriptions, job training certificates, and referrals to
3896	3896	services; and
3897	3897	(3) provide housing and structured programs,
3898	3898	including programs for recovering substance abusers, through which
3899	3899	children are provided services immediately following release under
3900	3900	supervision or final discharge.
3901	3901	(f) To ensure accountability, any contract entered into
3902	3902	under this section must contain specific performance measures that
3903	3903	the department [commission] shall use to evaluate compliance with
3904	3904	the terms of the contract.
3905	3905	[(g) The commission shall ensure that each reentry and
3906	3906	reintegration plan developed for a child under Section 61.0814 is
3907	3907	coordinated with the comprehensive reentry and reintegration plan
3908	3908	developed under this section.]
3909	3909	(h) The department [commission] shall conduct and
3910	3910	coordinate research to determine whether the comprehensive reentry
3911	3911	and reintegration plan developed under this section reduces
3912	3912	recidivism rates.
3913	3913	(i) Not later than December 1 of each even-numbered year,
3914	3914	the department [commission] shall deliver a report of the results
3915	3915	of research conducted or coordinated under Subsection (h) to the
3916	3916	lieutenant governor, the speaker of the house of representatives,
3917	3917	and the standing committees of each house of the legislature with
3918	3918	primary jurisdiction over juvenile justice and corrections.
3919	3919	(j) If a program or service in the child's comprehensive
3920	3920	reentry and reintegration plan is not available at the time the
3921	3921	child is to be released, the department shall find a suitable
3922	3922	alternative program or service so that the child's release is not
3923	3923	postponed.
3924	3924	(k) The department shall:
3925	3925	(1) clearly explain the comprehensive reentry and
3926	3926	reintegration plan and any conditions of supervision to a child who
3927	3927	will be released on supervision; and
3928	3928	(2) require each child committed to the department
3929	3929	that is to be released on supervision to acknowledge and sign a
3930	3930	document containing any conditions of supervision.
3931	3931	Sec. 245.054 [61.08141]. INFORMATION PROVIDED TO COURT
3932	3932	BEFORE RELEASE. (a) In addition to providing the court with notice
3933	3933	of release of a child under Section 245.051(b) [61.081(e)], as soon
3934	3934	as possible but not later than the 30th day before the date the
3935	3935	department [commission] releases the child, the department
3936	3936	[commission] shall provide the court that committed the child to
3937	3937	the department [commission]:
3938	3938	(1) a copy of the child's reentry and reintegration
3939	3939	plan developed under Section 245.0535 [61.0814]; and
3940	3940	(2) a report concerning the progress the child has
3941	3941	made while committed to the department [commission].
3942	3942	(b) If, on release, the department [commission] places a
3943	3943	child in a county other than the county served by the court that
3944	3944	committed the child to the department [commission], the department
3945	3945	[commission] shall provide the information described by Subsection
3946	3946	(a) to both the committing court and the juvenile court in the
3947	3947	county where the child is placed after release.
3948	3948	(c) If, on release, a child's residence is located in
3949	3949	another state, the department [commission] shall provide the
3950	3950	information described by Subsection (a) to both the committing
3951	3951	court and a juvenile court of the other state that has jurisdiction
3952	3952	over the area in which the child's residence is located.
3953	3953	SUBCHAPTER C. MINIMUM LENGTH OF STAY; EXTENSION ORDERS
3954	3954	Sec. 245.101 [61.0814. REENTRY AND REINTEGRATION PLAN. (a)
3955	3955	The commission shall develop a reentry and reintegration plan for
3956	3956	each child committed to the custody of the commission. The plan for
3957	3957	a child must be designed to ensure that the child receives an
3958	3958	extensive continuity of care in services from the time the child is
3959	3959	committed to the commission to the time of the child's final
3960	3960	discharge from the commission. The plan for a child must include,
3961	3961	as applicable:
3962	3962	[(1) housing assistance;
3963	3963	[(2) a step-down program, such as placement in a
3964	3964	halfway house;
3965	3965	[(3) family counseling;
3966	3966	[(4) academic and vocational mentoring;
3967	3967	[(5) trauma counseling for a child who is a victim of
3968	3968	abuse while in the custody of the commission; and
3969	3969	[(6) other specialized treatment services appropriate
3970	3970	for the child.
3971	3971	[(b) If a program or service in the child's reentry and
3972	3972	reintegration plan is not available at the time the child is to be
3973	3973	released, the commission shall find a suitable alternative program
3974	3974	or service so that the child's release is not postponed.
3975	3975	[Sec. 61.0815]. COMPLETION OF MINIMUM LENGTH OF STAY;
3976	3976	PANEL. (a) After a child who is committed to the department
3977	3977	[commission] without a determinate sentence completes the minimum
3978	3978	length of stay established by the department [commission] for the
3979	3979	child under Section 243.002 [61.062], the department [commission]
3980	3980	shall, in the manner provided by this section and Section 245.102:
3981	3981	(1) discharge the child from the custody of the
3982	3982	department [commission];
3983	3983	(2) release the child under supervision under Section
3984	3984	245.051 [61.081]; or
3985	3985	(3) extend the length of the child's stay in the
3986	3986	custody of the department [commission].
3987	3987	(b) The board [commission] by rule shall establish a panel
3988	3988	whose function is to review and determine whether a child who has
3989	3989	completed the child's minimum length of stay should be discharged
3990	3990	from the custody of the department [commission] as provided by
3991	3991	Subsection (a)(1), be released under supervision under Section
3992	3992	245.051 [61.081] as provided by Subsection (a)(2), or remain in the
3993	3993	custody of the department [commission] for an additional period of
3994	3994	time as provided by Subsection (a)(3).
3995	3995	(c) The executive director [commissioner] shall determine
3996	3996	the size of the panel described by Subsection (b) and the length of
3997	3997	the members' terms of service on the panel. The panel must consist
3998	3998	of an odd number of members and the terms of the panel's members
3999	3999	must last for at least two years. The executive director
4000	4000	[commissioner] shall adopt policies that ensure the transparency,
4001	4001	consistency, and objectivity of the panel's composition,
4002	4002	procedures, and decisions. The executive director [commissioner]
4003	4003	shall appoint persons to serve as members of the panel. A person
4004	4004	appointed to the panel must be a department [commission] employee
4005	4005	who works at the department's [commission's] central office. A
4006	4006	member of the panel may not be involved in any supervisory decisions
4007	4007	concerning children in the custody of the department [commission].
4008	4008	Sec. 245.102. EXTENSION ORDER. (a) A [(d) The] panel may
4009	4009	extend the length of the child's stay as provided by Section
4010	4010	245.101(a)(3) [Subsection (a)(3)] only if the panel determines by
4011	4011	majority vote and on the basis of clear and convincing evidence
4012	4012	that:
4013	4013	(1) the child is in need of additional rehabilitation
4014	4014	from the department; [commission] and
4015	4015	(2) [that] the department [commission] will provide
4016	4016	the most suitable environment for that rehabilitation.
4017	4017	(b) In extending the length of a child's stay, the panel
4018	4018	must specify the additional period of time that the child is to
4019	4019	remain in the custody of the department [commission] and must
4020	4020	conduct an additional review and determination as provided by
4021	4021	Section 245.101 [this section] on the child's completion of the
4022	4022	additional term of stay.
4023	4023	(c) If the panel determines that the child's length of stay
4024	4024	should not be extended, the department [commission] must discharge
4025	4025	the child from the custody of the department [commission] as
4026	4026	provided by Section 245.101(a)(1) [Subsection (a)(1)] or release
4027	4027	the child under supervision under Section 245.051 [Section 61.081]
4028	4028	as provided by Section 245.101(a)(2) [Subsection (a)(2)].
4029	4029	Sec. 245.103. STATISTICS AND REPORTS CONCERNING EXTENSION
4030	4030	ORDERS. (a) [(e)] The department [commission] shall maintain
4031	4031	statistics of the number of extensions granted by a [the] panel
4032	4032	under Section 245.102. The statistics must include aggregated
4033	4033	information concerning:
4034	4034	(1) the race, age, sex, specialized treatment needs,
4035	4035	and county of origin for each child for whom an extension order is
4036	4036	requested;
4037	4037	(2) the facility in which the child is confined; and
4038	4038	(3) if applicable, any allegations concerning the
4039	4039	abuse, mistreatment, or neglect of the child, aggregated by the
4040	4040	type of misconduct to which the child was subjected.
4041	4041	(b) [(f)] To the extent authorized under law, the
4042	4042	statistics maintained under Subsection (a) [(e)] are public
4043	4043	information under Chapter 552, Government Code, and the department
4044	4044	[commission] shall post the statistics on the department's
4045	4045	[commission's] Internet website.
4046	4046	(c) The department [commission] shall prepare and deliver
4047	4047	to the standing committees of the senate and house of
4048	4048	representatives with primary jurisdiction over matters concerning
4049	4049	correctional facilities a report concerning the statistics
4050	4050	maintained under Subsection (a) [(e)].
4051	4051	(d) [(g)] The department [commission] shall provide a
4052	4052	report to the parent, guardian, or designated advocate of a child
4053	4053	whose length of stay is extended under Section 245.102 [this
4054	4054	section] explaining the panel's reason for the extension.
4055	4055	Sec. 245.104 [61.0816]. REQUEST FOR RECONSIDERATION OF
4056	4056	EXTENSION ORDER. (a) The board [commission] by rule shall
4057	4057	establish a process to request the reconsideration of an extension
4058	4058	order issued by a [the] panel [established] under Section 245.102
4059	4059	[61.0815].
4060	4060	(b) The process to request reconsideration must provide
4061	4061	that:
4062	4062	(1) a child, a parent, guardian, or designated
4063	4063	advocate of a child, an employee of the department [commission], or
4064	4064	a person who provides volunteer services at a department
4065	4065	[commission] facility may submit a request for reconsideration of
4066	4066	an extension order;
4067	4067	(2) the person submitting the request for
4068	4068	reconsideration of an extension order must state in the request the
4069	4069	reason for the request;
4070	4070	(3) after receiving a request for reconsideration of
4071	4071	an extension order, the panel shall reconsider an extension order
4072	4072	that:
4073	4073	(A) extends the child's stay in the custody of
4074	4074	the department [commission] by six months or more; or
4075	4075	(B) combined with previous extension orders will
4076	4076	result in an extension of the child's stay in the custody of the
4077	4077	department [commission] by six months or more;
4078	4078	(4) the panel's reconsideration of an extension order
4079	4079	includes consideration of the information submitted in the request;
4080	4080	and
4081	4081	(5) the panel shall send a written reply to the child,
4082	4082	the parent, guardian, or designated advocate of the child, and the
4083	4083	person who made the request for reconsideration of an extension
4084	4084	order that includes an explanation of the panel's decision after
4085	4085	reconsidering the extension order, including an indication that the
4086	4086	panel has considered the information submitted in the request.
4087	4087	(c) The department [commission] shall create a form for a
4088	4088	request for reconsideration of an extension order that is clear and
4089	4089	easy to understand. The department [commission] shall ensure that
4090	4090	a child may request assistance in completing a request for
4091	4091	reconsideration of an extension order.
4092	4092	Sec. 245.105. STATISTICS AND REPORTS CONCERNING
4093	4093	RECONSIDERATIONS OF EXTENSION ORDERS. (a) [(d)] The department
4094	4094	[commission] shall maintain statistics of the number of requests
4095	4095	for reconsideration of an extension order that are submitted under
4096	4096	Section 245.104 and the action taken on reconsideration of the
4097	4097	extension order. The statistics must include aggregated
4098	4098	information concerning:
4099	4099	(1) the race, age, sex, specialized treatment needs,
4100	4100	and county of origin for each child for whom a request for
4101	4101	reconsideration of an extension order is submitted;
4102	4102	(2) whether a request for reconsideration of an
4103	4103	extension order results in:
4104	4104	(A) a discharge or release under supervision; or
4105	4105	(B) the original extension order being upheld;
4106	4106	(3) the facility in which the child is confined; and
4107	4107	(4) if applicable, any allegations concerning the
4108	4108	abuse, mistreatment, or neglect of the child, aggregated by the
4109	4109	type of misconduct to which the child was subjected.
4110	4110	(b) [(e)] To the extent authorized under law, the
4111	4111	statistics maintained under Subsection (a) [(d)] are public
4112	4112	information under Chapter 552, Government Code, and the department
4113	4113	[commission] shall post the statistics on the department's
4114	4114	[commission's] Internet website.
4115	4115	(c) The department [commission] shall prepare and deliver
4116	4116	to the standing committees of the senate and house of
4117	4117	representatives with primary jurisdiction over matters concerning
4118	4118	correctional facilities a report concerning the statistics
4119	4119	maintained under Subsection (a) [(d)].
4120	4120	Sec. 245.106 [61.082]. TRANSPORTATION, CLOTHING, MONEY.
4121	4121	The department [commission] shall ensure that each child it
4122	4122	releases under supervision has:
4123	4123	(1) suitable clothing;
4124	4124	(2) [,] transportation to his or her home or to the
4125	4125	county in which a suitable home or employment has been found; [,]
4126	4126	and
4127	4127	(3) money in an amount authorized by the rules of the
4128	4128	department [commission].
4129	4129	SUBCHAPTER D. TERMINATION OF CONTROL
4130	4130	Sec. 245.151 [61.083. CONTRACTS WITH COUNTIES. (a) The
4131	4131	commission may make a contract with a county to use the services of
4132	4132	the county's juvenile probation department for the supervision of
4133	4133	children within the county who are on furlough from a commission
4134	4134	facility or who are released under supervision from a commission
4135	4135	facility.
4136	4136	[(b) The payments shall be made to the county treasurer on a
4137	4137	quarterly schedule.
4138	4138	[(c) The commission may not pay a county for supervision of
4139	4139	a child for any time after the child:
4140	4140	[(1) is discharged from the commission's custody;
4141	4141	[(2) is returned to a commission facility; or
4142	4142	[(3) transfers his or her residence to another county
4143	4143	or state.
4144	4144	[(d) A county that has a contract with the commission must
4145	4145	report to the commission on the status and progress of each child
4146	4146	for whom the county is receiving payments. The reports shall be
4147	4147	made at the time and in the manner specified by the contract.
4148	4148	[Sec. 61.084]. TERMINATION OF CONTROL. (a) Except as
4149	4149	provided by Subsections (b) and (c), if a person is committed to the
4150	4150	department [commission] under a determinate sentence under Section
4151	4151	54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
4152	4152	the department [commission] may not discharge the person from its
4153	4153	custody.
4154	4154	(b) The department [commission] shall discharge without a
4155	4155	court hearing a person committed to the department [it] for a
4156	4156	determinate sentence under Section 54.04(d)(3), Section 54.04(m),
4157	4157	or Section 54.05(f), Family Code, who has not been transferred to
4158	4158	the Texas Department of Criminal Justice under a court order on the
4159	4159	date that the time spent by the person in detention in connection
4160	4160	with the committing case plus the time spent at the department
4161	4161	[Texas Youth Commission] under the order of commitment equals the
4162	4162	period of the sentence.
4163	4163	(c) The department [commission] shall transfer to the Texas
4164	4164	Department of Criminal Justice a person who is the subject of an
4165	4165	order under Section 54.11(i)(2), Family Code, transferring the
4166	4166	person to the custody of the Texas Department of Criminal Justice
4167	4167	for the completion of the person's sentence.
4168	4168	(d) [(e)] Except as provided by Subsection (e) [(g)], the
4169	4169	department [commission] shall discharge from its custody a person
4170	4170	not already discharged on the person's 19th birthday.
4171	4171	(e) [(g)] The department [commission] shall transfer a
4172	4172	person who has been sentenced under a determinate sentence to
4173	4173	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
4174	4174	Family Code, or who has been returned to the department
4175	4175	[commission] under Section 54.11(i)(1), Family Code, to the custody
4176	4176	of the Texas Department of Criminal Justice on the person's 19th
4177	4177	birthday, if the person has not already been discharged or
4178	4178	transferred, to serve the remainder of the person's sentence on
4179	4179	parole as provided by Section 508.156, Government Code.
4180	4180	Sec. 245.152 [61.0841]. DETERMINATE SENTENCE PAROLE. (a)
4181	4181	Not later than the 90th day before the date the department
4182	4182	[commission] transfers a person to the custody of the Texas
4183	4183	Department of Criminal Justice for release on parole under Section
4184	4184	245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], the department
4185	4185	[commission] shall submit to the Texas Department of Criminal
4186	4186	Justice [department] all pertinent information relating to the
4187	4187	person, including:
4188	4188	(1) the juvenile court judgment;
4189	4189	(2) the circumstances of the person's offense;
4190	4190	(3) the person's previous social history and juvenile
4191	4191	court records;
4192	4192	(4) the person's physical and mental health record;
4193	4193	(5) a record of the person's conduct, employment
4194	4194	history, and attitude while committed to the department
4195	4195	[commission];
4196	4196	(6) a record of the sentence time served by the person
4197	4197	at the department [commission] and in a juvenile detention facility
4198	4198	in connection with the conduct for which the person was
4199	4199	adjudicated; and
4200	4200	(7) any written comments or information provided by
4201	4201	the department [commission], local officials, family members of the
4202	4202	person, victims of the offense, or the general public.
4203	4203	(b) The department [commission] shall provide instruction
4204	4204	for parole officers of the Texas Department of Criminal Justice
4205	4205	relating to juvenile programs at the department [commission]. The
4206	4206	department [commission] and the Texas Department of Criminal
4207	4207	Justice [department] shall enter into a memorandum of understanding
4208	4208	relating to the administration of this subsection.
4209	4209	(c) The Texas Department of Criminal Justice shall grant
4210	4210	credit for sentence time served by a person at the department
4211	4211	[commission] and in a juvenile detention facility, as recorded by
4212	4212	the department [commission] under Subsection (a)(6), in computing
4213	4213	the person's eligibility for parole and discharge from the Texas
4214	4214	Department of Criminal Justice [department].
4215	4215	SECTION 1.008. Subchapter I, Chapter 61, Human Resources
4216	4216	Code, is transferred to Subtitle C, Title 12, Human Resources Code,
4217	4217	as added by this Act, redesignated as Chapter 246, and amended to
4218	4218	read as follows:
4219	4219	CHAPTER 246 [SUBCHAPTER I]. INDUSTRIES PROGRAM
4220	4220	Sec. 246.001 [61.121]. PURPOSE; IMPLEMENTATION. The
4221	4221	purposes of the department [commission] industries program are:
4222	4222	(1) to provide adequate employment and vocational
4223	4223	training for children; and
4224	4224	(2) to develop and expand public and private
4225	4225	department [commission] industries.
4226	4226	Sec. 246.002 [61.122]. ADVISORY COMMITTEE. (a) A
4227	4227	department [commission] industries advisory committee is created
4228	4228	consisting of nine members appointed by the board [commission].
4229	4229	(b) Members serve staggered three-year terms, with the
4230	4230	terms of three members expiring February 1 of each odd-numbered
4231	4231	year.
4232	4232	(c) In making appointments under this section, the board
4233	4233	[commission] shall endeavor to include representatives of
4234	4234	industries appropriate for hiring children committed to the
4235	4235	department [commission].
4236	4236	Sec. 246.003 [61.123]. PAY AND DISTRIBUTION OF PAY. The
4237	4237	department [commission] shall apportion wages earned by a child
4238	4238	working under the industries program in amounts determined at the
4239	4239	discretion of the department [commission], in the following
4240	4240	priority:
4241	4241	(1) a person to whom the child has been ordered by a
4242	4242	court or to whom the child has agreed to pay restitution;
4243	4243	(2) a person to whom the child has been ordered by a
4244	4244	court to pay child support;
4245	4245	(3) the compensation to victims of crime fund or the
4246	4246	compensation to victims of crime auxiliary fund; and
4247	4247	(4) the child's student account.
4248	4248	Sec. 246.004 [61.124]. INDUSTRIES FUND. (a) A Texas
4249	4249	Juvenile Justice Department [Youth Commission] industries program
4250	4250	fund is created in the state treasury.
4251	4251	(b) Proceeds from the operation of the industries program
4252	4252	shall be deposited in the fund.
4253	4253	(c) Money from the fund may be appropriated only for use by
4254	4254	the department [commission] for the administration of this
4255	4255	subchapter.
4256	4256	[(d) Sections 403.094 and 403.095, Government Code, do not
4257	4257	apply to the fund.]
4258	4258	Sec. 246.005 [61.125]. CONTRACTS. To encourage the
4259	4259	development and expansion of the industries program, the department
4260	4260	[commission] may enter into necessary contracts related to the
4261	4261	program.
4262	4262	Sec. 246.006 [61.126]. DONATIONS. The industries program
4263	4263	may be financed through contributions donated for this purpose by
4264	4264	private businesses contracting with the department [commission].
4265	4265	Sec. 246.007 [61.127]. GRANTS. (a) The department
4266	4266	[commission] may accept a grant for the vocational rehabilitation
4267	4267	of children.
4268	4268	(b) The department [commission] shall maintain a record of
4269	4269	the receipt and disbursement of a grant and shall annually report to
4270	4270	the lieutenant governor and the speaker of the house of
4271	4271	representatives on the administration of grant funds.
4272	4272	Sec. 246.008 [61.128]. LEASE OF LAND. (a) The department
4273	4273	[commission] may lease land owned by the department [commission] to
4274	4274	a private business to expand and develop the industries program.
4275	4275	(b) The term of the lease may not exceed 20 years.
4276	4276	(c) The business must lease the land at fair market value.
4277	4277	(d) The business may construct a new facility on the land or
4278	4278	convert an existing facility.
4279	4279	Sec. 246.009 [Sec. 61.129. CERTIFICATION FOR FRANCHISE
4280	4280	CREDIT. The commission shall prepare and issue a certification
4281	4281	that a corporation requires for the franchise tax credit for wages
4282	4282	paid as provided by Subchapter M, Chapter 171, Tax Code.
4283	4283	[Sec. 61.130]. OPTIONAL AD VALOREM TAX ABATEMENT. (a) A
4284	4284	business contracting with the department [commission] may enter
4285	4285	into an ad valorem tax abatement agreement under Subchapters B and
4286	4286	C, Chapter 312, Tax Code, with the governing body of the
4287	4287	municipality and county in which the business is located.
4288	4288	(b) If an area in which businesses contracting with the
4289	4289	department [commission] under this subchapter is designated as a
4290	4290	reinvestment zone under Chapter 312, Tax Code, the area satisfies
4291	4291	Section 312.202(a)(6), Tax Code, in that the area would be
4292	4292	reasonably likely as a result of the designation to contribute to
4293	4293	the retention or expansion of primary employment or to attract
4294	4294	major investment in the zone that would be a benefit to the property
4295	4295	and that would contribute to the economic development of the entity
4296	4296	designating the area as a reinvestment zone.
4297	4297	SECTION 1.009. Title 12, Human Resources Code, as added by
4298	4298	this Act, is amended by adding Subtitle D, and a heading is added to
4299	4299	read as follows:
4300	4300	SUBTITLE D. INDEPENDENT OMBUDSMAN
4301	4301	SECTION 1.010. Chapter 64, Human Resources Code, is
4302	4302	transferred to Subtitle D, Title 12, Human Resources Code, as added
4303	4303	by this Act, redesignated as Chapter 261, and amended to read as
4304	4304	follows:
4305	4305	CHAPTER 261 [64]. [OFFICE OF] INDEPENDENT OMBUDSMAN
4306	4306	[OF THE TEXAS YOUTH COMMISSION]
4307	4307	SUBCHAPTER A. GENERAL PROVISIONS
4308	4308	Sec. 261.001 [64.001]. DEFINITIONS. In this chapter:
4309	4309	(1) ["Commission" means the Texas Youth Commission.
4310	4310	[(2)] "Independent ombudsman" means the individual
4311	4311	who has been appointed under this chapter to the office of
4312	4312	independent ombudsman.
4313	4313	(2) [(3)] "Office" means the office of independent
4314	4314	ombudsman created under this chapter.
4315	4315	Sec. 261.002 [64.002]. ESTABLISHMENT; PURPOSE. The office
4316	4316	of independent ombudsman is [a state agency] established at the
4317	4317	department for the purpose of investigating, evaluating, and
4318	4318	securing the rights of the children committed to the department
4319	4319	[commission], including a child released under supervision before
4320	4320	final discharge.
4321	4321	Sec. 261.003 [64.003]. INDEPENDENCE. (a) The independent
4322	4322	ombudsman in the performance of its duties and powers under this
4323	4323	chapter acts independently of the department [commission].
4324	4324	(b) Funding for the independent ombudsman is appropriated
4325	4325	separately from funding for the department [commission].
4326	4326	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
4327	4327	Sec. 261.051 [64.051]. APPOINTMENT OF INDEPENDENT
4328	4328	OMBUDSMAN. (a) The governor shall appoint the independent
4329	4329	ombudsman with the advice and consent of the senate for a term of
4330	4330	two years, expiring February 1 of odd-numbered years.
4331	4331	(b) A person appointed as independent ombudsman is eligible
4332	4332	for reappointment but may not serve more than three terms in that
4333	4333	capacity.
4334	4334	Sec. 261.052 [64.052]. ASSISTANTS. The independent
4335	4335	ombudsman may hire assistants to perform, under the direction of
4336	4336	the independent ombudsman, the same duties and exercise the same
4337	4337	powers as the independent ombudsman.
4338	4338	Sec. 261.053 [64.053]. CONFLICT OF INTEREST. (a) A person
4339	4339	may not serve as independent ombudsman or as an assistant to the
4340	4340	independent ombudsman if the person or the person's spouse:
4341	4341	(1) is employed by or participates in the management
4342	4342	of a business entity or other organization receiving funds from the
4343	4343	department [commission];
4344	4344	(2) owns or controls, directly or indirectly, any
4345	4345	interest in a business entity or other organization receiving funds
4346	4346	from the department [commission]; or
4347	4347	(3) uses or receives any amount of tangible goods,
4348	4348	services, or funds from the department [commission].
4349	4349	(b) A person may not serve as independent ombudsman or as an
4350	4350	assistant to the independent ombudsman if the person or the
4351	4351	person's spouse is required to register as a lobbyist under Chapter
4352	4352	305, Government Code, because of the person's activities for
4353	4353	compensation on behalf of a profession related to the operation of
4354	4354	the department [commission].
4355	4355	(c) A person may not serve as independent ombudsman or as an
4356	4356	assistant to the independent ombudsman if the person or the
4357	4357	person's spouse is an officer, employee, manager, or paid
4358	4358	consultant of a Texas trade association in the field of criminal or
4359	4359	juvenile justice.
4360	4360	(d) For the purposes of this section, a Texas trade
4361	4361	association is a nonprofit, cooperative, and voluntarily joined
4362	4362	association of business or professional competitors in this state
4363	4363	designed to assist its members and its industry or profession in
4364	4364	dealing with mutual business or professional problems and in
4365	4365	promoting their common interest.
4366	4366	[Sec. 64.054. SUNSET PROVISION. (a) The office is subject
4367	4367	to review under Chapter 325, Government Code (Texas Sunset Act),
4368	4368	but is not abolished under that chapter. The office shall be
4369	4369	reviewed during the periods in which the Texas Youth Commission is
4370	4370	reviewed.
4371	4371	[(b) Notwithstanding Subsection (a), the Sunset Advisory
4372	4372	Commission shall focus its review of the office on compliance with
4373	4373	requirements placed on the office by legislation enacted by the
4374	4374	81st Legislature, Regular Session, 2009, that becomes law. This
4375	4375	subsection expires September 1, 2011.]
4376	4376	Sec. 261.055 [64.055]. REPORT. (a) The independent
4377	4377	ombudsman shall submit on a quarterly basis to the board, the
4378	4378	governor, the lieutenant governor, the state auditor, and each
4379	4379	member of the legislature a report that is both aggregated and
4380	4380	disaggregated by individual facility and describes:
4381	4381	(1) the work of the independent ombudsman;
4382	4382	(2) the results of any review or investigation
4383	4383	undertaken by the independent ombudsman, including reviews or
4384	4384	investigation of services contracted by the department
4385	4385	[commission]; and
4386	4386	(3) any recommendations that the independent
4387	4387	ombudsman has in relation to the duties of the independent
4388	4388	ombudsman.
4389	4389	(b) The independent ombudsman shall immediately report to
4390	4390	the board, the governor, the lieutenant governor, the speaker of
4391	4391	the house of representatives, the state auditor, and the office of
4392	4392	the inspector general of the department [commission] any
4393	4393	particularly serious or flagrant:
4394	4394	(1) case of abuse or injury of a child committed to the
4395	4395	department [commission];
4396	4396	(2) problem concerning the administration of a
4397	4397	department [commission] program or operation;
4398	4398	(3) problem concerning the delivery of services in a
4399	4399	facility operated by or under contract with the department
4400	4400	[commission]; or
4401	4401	(4) interference by the department [commission] with
4402	4402	an investigation conducted by the office.
4403	4403	Sec. 261.056 [64.056]. COMMUNICATION AND CONFIDENTIALITY.
4404	4404	(a) The department [commission] shall allow any child committed to
4405	4405	the department [commission] to communicate with the independent
4406	4406	ombudsman or an assistant to the ombudsman. The communication:
4407	4407	(1) may be in person, by mail, or by any other means;
4408	4408	and
4409	4409	(2) is confidential and privileged.
4410	4410	(b) The records of the independent ombudsman are
4411	4411	confidential, except that the independent ombudsman shall:
4412	4412	(1) share with the office of inspector general of the
4413	4413	department [commission] a communication with a child that may
4414	4414	involve the abuse or neglect of the child; and
4415	4415	(2) disclose its nonprivileged records if required by
4416	4416	a court order on a showing of good cause.
4417	4417	(c) The independent ombudsman may make reports relating to
4418	4418	an investigation public after the investigation is complete but
4419	4419	only if the names of all children, parents, and employees are
4420	4420	redacted from the report and remain confidential.
4421	4421	(d) The name, address, or other personally identifiable
4422	4422	information of a person who files a complaint with the office of
4423	4423	independent ombudsman, information generated by the office of
4424	4424	independent ombudsman in the course of an investigation, and
4425	4425	confidential records obtained by the office of independent
4426	4426	ombudsman are confidential and not subject to disclosure under
4427	4427	Chapter 552, Government Code, except that the information and
4428	4428	records, other than confidential information and records
4429	4429	concerning a pending law enforcement investigation or criminal
4430	4430	action, may be disclosed to the appropriate person if the office
4431	4431	determines that disclosure is:
4432	4432	(1) in the general public interest;
4433	4433	(2) necessary to enable the office to perform the
4434	4434	responsibilities provided under this section; or
4435	4435	(3) necessary to identify, prevent, or treat the abuse
4436	4436	or neglect of a child.
4437	4437	Sec. 261.057 [64.057]. PROMOTION OF AWARENESS OF OFFICE.
4438	4438	The independent ombudsman shall promote awareness among the public
4439	4439	and the children committed to the department [commission] of:
4440	4440	(1) how the office may be contacted;
4441	4441	(2) the purpose of the office; and
4442	4442	(3) the services the office provides.
4443	4443	Sec. 261.058 [64.058]. RULEMAKING AUTHORITY. (a) The
4444	4444	board [office] by rule shall establish policies and procedures for
4445	4445	the operations of the office of independent ombudsman.
4446	4446	(b) The board [office and the commission] shall adopt rules
4447	4447	necessary to implement Section 261.060 [64.060], including rules
4448	4448	that establish procedures for the department [commission] to review
4449	4449	and comment on reports of the office and for the department
4450	4450	[commission] to expedite or eliminate review of and comment on a
4451	4451	report due to an emergency or a serious or flagrant circumstance
4452	4452	described by Section 261.055(b) [64.055(b)].
4453	4453	[Sec. 64.059. AUTHORITY OF STATE AUDITOR. The office is
4454	4454	subject to audit by the state auditor in accordance with Chapter
4455	4455	321, Government Code.]
4456	4456	Sec. 261.060 [64.060]. REVIEW AND FORMAT OF REPORTS. (a)
4457	4457	The office shall accept, both before and after publication,
4458	4458	comments from the board [commission] concerning the following types
4459	4459	of reports published by the office under this chapter:
4460	4460	(1) the office's quarterly report under Section
4461	4461	261.055(a) [64.055(a)];
4462	4462	(2) reports concerning serious or flagrant
4463	4463	circumstances under Section 261.055(b) [64.055(b)]; and
4464	4464	(3) any other formal reports containing findings and
4465	4465	making recommendations concerning systemic issues that affect the
4466	4466	department [commission].
4467	4467	(b) The board [commission] may not submit comments under
4468	4468	Subsection (a) after the 30th day after the date the report on which
4469	4469	the board [commission] is commenting is published.
4470	4470	(c) The office shall ensure that reports described by
4471	4471	Subsection (a) are in a format to which the board [commission] can
4472	4472	easily respond.
4473	4473	(d) After receipt of comments under this section, the office
4474	4474	is not obligated to change any report or change the manner in which
4475	4475	the office performs the duties of the office.
4476	4476	[Sec. 64.061. COMPLAINTS. (a) The office shall maintain a
4477	4477	system to promptly and efficiently act on complaints filed with the
4478	4478	office that relate to the operations or staff of the office. The
4479	4479	office shall maintain information about parties to the complaint,
4480	4480	the subject matter of the complaint, a summary of the results of the
4481	4481	review or investigation of the complaint, and the disposition of
4482	4482	the complaint.
4483	4483	[(b) The office shall make information available describing
4484	4484	its procedures for complaint investigation and resolution.
4485	4485	[(c) The office shall periodically notify the complaint
4486	4486	parties of the status of the complaint until final disposition.]
4487	4487	SUBCHAPTER C. DUTIES AND POWERS
4488	4488	Sec. 261.101 [64.101]. DUTIES AND POWERS. (a) The
4489	4489	independent ombudsman shall:
4490	4490	(1) review the procedures established by the board
4491	4491	[commission] and evaluate the delivery of services to children to
4492	4492	ensure that the rights of children are fully observed;
4493	4493	(2) review complaints filed with the independent
4494	4494	ombudsman concerning the actions of the department [commission] and
4495	4495	investigate each complaint in which it appears that a child may be
4496	4496	in need of assistance from the independent ombudsman;
4497	4497	(3) conduct investigations of complaints, other than
4498	4498	complaints alleging criminal behavior, if the office determines
4499	4499	that:
4500	4500	(A) a child committed to the department
4501	4501	[commission] or the child's family may be in need of assistance from
4502	4502	the office; or
4503	4503	(B) a systemic issue in the department's
4504	4504	[commission's] provision of services is raised by a complaint;
4505	4505	(4) review or inspect periodically the facilities and
4506	4506	procedures of any institution or residence in which a child has been
4507	4507	placed by the department [commission], whether public or private,
4508	4508	to ensure that the rights of children are fully observed;
4509	4509	(5) provide assistance to a child or family who the
4510	4510	independent ombudsman determines is in need of assistance,
4511	4511	including advocating with an agency, provider, or other person in
4512	4512	the best interests of the child;
4513	4513	(6) review court orders as necessary to fulfill its
4514	4514	duties;
4515	4515	(7) recommend changes in any procedure relating to the
4516	4516	treatment of children committed to the department [commission];
4517	4517	(8) make appropriate referrals under any of the duties
4518	4518	and powers listed in this subsection; [and]
4519	4519	(9) supervise assistants who are serving as advocates
4520	4520	in their representation of children committed to the department
4521	4521	[commission] in internal administrative and disciplinary hearings;
4522	4522	(10) review local probation department reports
4523	4523	received under Section 221.010 and analyze the data contained in
4524	4524	the reports to identify trends in complaints; and
4525	4525	(11) report a possible standards violation by a local
4526	4526	probation department to the appropriate division of the department.
4527	4527	(b) The independent ombudsman may apprise persons who are
4528	4528	interested in a child's welfare of the rights of the child.
4529	4529	(c) To assess if a child's rights have been violated, the
4530	4530	independent ombudsman may, in any matter that does not involve
4531	4531	alleged criminal behavior, contact or consult with an
4532	4532	administrator, employee, child, parent, expert, or any other
4533	4533	individual in the course of its investigation or to secure
4534	4534	information.
4535	4535	(d) Notwithstanding any other provision of this chapter,
4536	4536	the independent ombudsman may not investigate alleged criminal
4537	4537	behavior.
4538	4538	(e) Notwithstanding any other provision of this chapter,
4539	4539	the powers of the office are limited to facilities operated and
4540	4540	services provided by the department under Subtitle C.
4541	4541	Sec. 261.102 [64.102]. TREATMENT OF DEPARTMENT
4542	4542	[COMMISSION] EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN.
4543	4543	The department [commission] may not discharge or in any manner
4544	4544	discriminate or retaliate against an employee who in good faith
4545	4545	makes a complaint to the office of independent ombudsman or
4546	4546	cooperates with the office in an investigation.
4547	4547	Sec. 261.103 [64.103]. TRAINING. The independent
4548	4548	ombudsman shall attend annual sessions, including the training
4549	4549	curriculum for juvenile correctional officers required under
4550	4550	Section 242.012 [61.0356], and may participate in other appropriate
4551	4551	professional training.
4552	4552	Sec. 261.104 [64.104]. MEMORANDUM OF UNDERSTANDING. (a)
4553	4553	The office and the department [commission] shall enter into a
4554	4554	memorandum of understanding concerning:
4555	4555	(1) the most efficient manner in which to share
4556	4556	information with one another; and
4557	4557	(2) the procedures for handling overlapping
4558	4558	monitoring duties and activities performed by the office and the
4559	4559	department [commission].
4560	4560	(b) The memorandum of understanding entered into under
4561	4561	Subsection (a), at a minimum, must:
4562	4562	(1) address the interaction of the office with that
4563	4563	portion of the department [commission] that conducts an internal
4564	4564	audit under Section 203.013 [61.0331];
4565	4565	(2) address communication between the office and the
4566	4566	department [commission] concerning individual situations involving
4567	4567	children committed to the department [commission] and how those
4568	4568	situations will be documented and handled;
4569	4569	(3) contain guidelines on the office's role in
4570	4570	relevant working groups and policy development decisions at the
4571	4571	department [commission];
4572	4572	(4) ensure opportunities for sharing information
4573	4573	between the office and the department [commission] for the purposes
4574	4574	of assuring quality and improving programming within the department
4575	4575	[commission]; and
4576	4576	(5) preserve the independence of the office by
4577	4577	authorizing the office to withhold information concerning matters
4578	4578	under active investigation by the office from the department
4579	4579	[commission] and department [commission] staff and to report the
4580	4580	information to the board and the governor.
4581	4581	SUBCHAPTER D. ACCESS TO INFORMATION
4582	4582	Sec. 261.151 [64.151]. ACCESS TO INFORMATION OF
4583	4583	GOVERNMENTAL ENTITIES. (a) The [commission shall allow the]
4584	4584	independent ombudsman has access to the department's [its] records
4585	4585	relating to the children committed to the department [commission].
4586	4586	(b) The Department of Public Safety shall allow the
4587	4587	independent ombudsman access to the juvenile justice information
4588	4588	system established under Subchapter B, Chapter 58, Family Code.
4589	4589	(c) A local law enforcement agency shall allow the
4590	4590	independent ombudsman access to its records relating to any child
4591	4591	in the care or custody of the department [commission].
4592	4592	Sec. 261.152 [64.152]. ACCESS TO INFORMATION OF PRIVATE
4593	4593	ENTITIES. The independent ombudsman shall have access to the
4594	4594	records of a private entity that relate to a child committed to the
4595	4595	department [commission].
4596	4596	SECTION 1.011. Section 61.020(a), Human Resources Code, is
4597	4597	amended to read as follows:
4598	4598	(a) The Texas Youth Commission [is subject to Chapter 325,
4599	4599	Government Code (Texas Sunset Act). Unless continued in existence
4600	4600	as provided by that chapter, the commission] is abolished on
4601	4601	December [and this chapter expires September] 1, 2011.
4602	4602	SECTION 1.012. Section 141.012(a), Human Resources Code, is
4603	4603	amended to read as follows:
4604	4604	(a) The Texas Juvenile Probation Commission [is subject to
4605	4605	Chapter 325, Government Code (Texas Sunset Act). Unless continued
4606	4606	in existence as provided by that chapter, the commission] is
4607	4607	abolished on December [and this chapter expires September] 1, 2011.
4608	4608	ARTICLE 2. MISCELLANEOUS PROVISIONS
4609	4609	SECTION 2.001. Section 51.126, Family Code, is amended by
4610	4610	amending Subsections (b), (c), (d), and (e) and adding Subsection
4611	4611	(f) to read as follows:
4612	4612	(b) In each county, each judge of the juvenile court and a
4613	4613	majority of the members of the juvenile board shall personally
4614	4614	inspect, at least annually, all nonsecure correctional facilities
4615	4615	that are located in the county and shall certify in writing to the
4616	4616	authorities responsible for operating and giving financial support
4617	4617	to the facilities and to the Texas Juvenile Justice Department
4618	4618	[Probation Commission] that the facility or facilities are suitable
4619	4619	or unsuitable for the confinement of children. In determining
4620	4620	whether a facility is suitable or unsuitable for the confinement of
4621	4621	children, the juvenile court judges and juvenile board members
4622	4622	shall consider:
4623	4623	(1) current monitoring and inspection reports and any
4624	4624	noncompliance citation reports issued by the Texas Juvenile Justice
4625	4625	Department [Probation Commission], including the report provided
4626	4626	under Subsection (c), and the status of any required corrective
4627	4627	actions; and
4628	4628	(2) the other factors described under Sections
4629	4629	51.12(c)(2)-(7).
4630	4630	(c) The Texas Juvenile Justice Department [Probation
4631	4631	Commission] shall annually inspect each nonsecure correctional
4632	4632	facility. The Texas Juvenile Justice Department [Probation
4633	4633	Commission] shall provide a report to each juvenile court judge
4634	4634	presiding in the same county as an inspected facility indicating
4635	4635	whether the facility is suitable or unsuitable for the confinement
4636	4636	of children in accordance with minimum professional standards for
4637	4637	the confinement of children in nonsecure confinement promulgated by
4638	4638	the Texas Juvenile Justice Department [Probation Commission] or, at
4639	4639	the election of the juvenile board of the county in which the
4640	4640	facility is located, the current standards promulgated by the
4641	4641	American Correctional Association.
4642	4642	(d) A governmental unit or private entity that operates or
4643	4643	contracts for the operation of a juvenile nonsecure correctional
4644	4644	facility in this state under Subsection (a), except for a facility
4645	4645	operated by or under contract with the Texas Juvenile Justice
4646	4646	Department [Texas Youth Commission], shall:
4647	4647	(1) register the facility annually with the Texas
4648	4648	Juvenile Justice Department [Probation Commission]; and
4649	4649	(2) adhere to all applicable minimum standards for the
4650	4650	facility.
4651	4651	(e) The Texas Juvenile Justice Department [Probation
4652	4652	Commission] may deny, suspend, or revoke the registration of any
4653	4653	facility required to register under Subsection (d) if the facility
4654	4654	fails to:
4655	4655	(1) adhere to all applicable minimum standards for the
4656	4656	facility; or
4657	4657	(2) timely correct any notice of noncompliance with
4658	4658	minimum standards.
4659	4659	(f) In this section, "Texas Juvenile Justice Department"
4660	4660	means the Texas Juvenile Probation Commission. This subsection
4661	4661	expires December 1, 2011.
4662	4662	SECTION 2.002. Section 58.102, Family Code, is amended by
4663	4663	adding Subsection (f) to read as follows:
4664	4664	(f) Subchapter L, Chapter 2054, Government Code, does not
4665	4665	apply to the juvenile justice information system.
4666	4666	SECTION 2.003. Section 614.017(c)(1), Health and Safety
4667	4667	Code, is amended to read as follows:
4668	4668	(1) "Agency" includes any of the following entities
4669	4669	and individuals, a person with an agency relationship with one of
4670	4670	the following entities or individuals, and a person who contracts
4671	4671	with one or more of the following entities or individuals:
4672	4672	(A) the Texas Department of Criminal Justice and
4673	4673	the Correctional Managed Health Care Committee;
4674	4674	(B) the Board of Pardons and Paroles;
4675	4675	(C) the Department of State Health Services;
4676	4676	(D) the Texas Juvenile Justice Department
4677	4677	[Probation Commission];
4678	4678	(E) [the Texas Youth Commission;
4679	4679	[(F)] the Department of Assistive and
4680	4680	Rehabilitative Services;
4681	4681	(F) [(G)] the Texas Education Agency;
4682	4682	(G) [(H)] the Commission on Jail Standards;
4683	4683	(H) [(I)] the Department of Aging and Disability
4684	4684	Services;
4685	4685	(I) [(J)] the Texas School for the Blind and
4686	4686	Visually Impaired;
4687	4687	(J) [(K)] community supervision and corrections
4688	4688	departments and local juvenile probation departments;
4689	4689	(K) [(L)] personal bond pretrial release offices
4690	4690	established under Article 17.42, Code of Criminal Procedure;
4691	4691	(L) [(M)] local jails regulated by the
4692	4692	Commission on Jail Standards;
4693	4693	(M) [(N)] a municipal or county health
4694	4694	department;
4695	4695	(N) [(O)] a hospital district;
4696	4696	(O) [(P)] a judge of this state with jurisdiction
4697	4697	over juvenile or criminal cases;
4698	4698	(P) [(Q)] an attorney who is appointed or
4699	4699	retained to represent a special needs offender or a juvenile with a
4700	4700	mental impairment;
4701	4701	(Q) [(R)] the Health and Human Services
4702	4702	Commission;
4703	4703	(R) [(S)] the Department of Information
4704	4704	Resources;
4705	4705	(S) [(T)] the bureau of identification and
4706	4706	records of the Department of Public Safety, for the sole purpose of
4707	4707	providing real-time, contemporaneous identification of individuals
4708	4708	in the Department of State Health Services client data base; and
4709	4709	(T) [(U)] the Department of Family and
4710	4710	Protective Services.
4711	4711	SECTION 2.004. Sections 614.018(a) and (b), Health and
4712	4712	Safety Code, are amended to read as follows:
4713	4713	(a) The Texas Juvenile Justice Department [Probation
4714	4714	Commission, the Texas Youth Commission], the Department of Public
4715	4715	Safety, the Department of State Health Services, the Department of
4716	4716	Aging and Disability Services, the Department of Family and
4717	4717	Protective Services, the Texas Education Agency, and local juvenile
4718	4718	probation departments shall adopt a memorandum of understanding
4719	4719	that establishes their respective responsibilities to institute a
4720	4720	continuity of care and service program for juveniles with mental
4721	4721	impairments in the juvenile justice system. The Texas Correctional
4722	4722	Office on Offenders with Medical and Mental Impairments shall
4723	4723	coordinate and monitor the development and implementation of the
4724	4724	memorandum of understanding.
4725	4725	(b) The memorandum of understanding must establish methods
4726	4726	for:
4727	4727	(1) identifying juveniles with mental impairments in
4728	4728	the juvenile justice system and collecting and reporting relevant
4729	4729	data to the office;
4730	4730	(2) developing interagency rules, policies, and
4731	4731	procedures for the coordination of care of and the exchange of
4732	4732	information on juveniles with mental impairments who are committed
4733	4733	to or treated, served, or supervised by the [Texas Youth
4734	4734	Commission, the] Texas Juvenile Justice Department [Probation
4735	4735	Commission], the Department of Public Safety, the Department of
4736	4736	State Health Services, the Department of Family and Protective
4737	4737	Services, the Department of Aging and Disability Services, the
4738	4738	Texas Education Agency, local juvenile probation departments,
4739	4739	local mental health or mental retardation authorities, and
4740	4740	independent school districts; and
4741	4741	(3) identifying the services needed by juveniles with
4742	4742	mental impairments in the juvenile justice system.
4743	4743	ARTICLE 3. CONFORMING AMENDMENTS
4744	4744	SECTION 3.001. Article 2.12, Code of Criminal Procedure, is
4745	4745	amended to read as follows:
4746	4746	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
4747	4747	officers:
4748	4748	(1) sheriffs, their deputies, and those reserve
4749	4749	deputies who hold a permanent peace officer license issued under
4750	4750	Chapter 1701, Occupations Code;
4751	4751	(2) constables, deputy constables, and those reserve
4752	4752	deputy constables who hold a permanent peace officer license issued
4753	4753	under Chapter 1701, Occupations Code;
4754	4754	(3) marshals or police officers of an incorporated
4755	4755	city, town, or village, and those reserve municipal police officers
4756	4756	who hold a permanent peace officer license issued under Chapter
4757	4757	1701, Occupations Code;
4758	4758	(4) rangers and officers commissioned by the Public
4759	4759	Safety Commission and the Director of the Department of Public
4760	4760	Safety;
4761	4761	(5) investigators of the district attorneys', criminal
4762	4762	district attorneys', and county attorneys' offices;
4763	4763	(6) law enforcement agents of the Texas Alcoholic
4764	4764	Beverage Commission;
4765	4765	(7) each member of an arson investigating unit
4766	4766	commissioned by a city, a county, or the state;
4767	4767	(8) officers commissioned under Section 37.081,
4768	4768	Education Code, or Subchapter E, Chapter 51, Education Code;
4769	4769	(9) officers commissioned by the General Services
4770	4770	Commission;
4771	4771	(10) law enforcement officers commissioned by the
4772	4772	Parks and Wildlife Commission;
4773	4773	(11) airport police officers commissioned by a city
4774	4774	with a population of more than 1.18 million that operates an airport
4775	4775	that serves commercial air carriers;
4776	4776	(12) airport security personnel commissioned as peace
4777	4777	officers by the governing body of any political subdivision of this
4778	4778	state, other than a city described by Subdivision (11), that
4779	4779	operates an airport that serves commercial air carriers;
4780	4780	(13) municipal park and recreational patrolmen and
4781	4781	security officers;
4782	4782	(14) security officers and investigators commissioned
4783	4783	as peace officers by the comptroller;
4784	4784	(15) officers commissioned by a water control and
4785	4785	improvement district under Section 49.216, Water Code;
4786	4786	(16) officers commissioned by a board of trustees
4787	4787	under Chapter 54, Transportation Code;
4788	4788	(17) investigators commissioned by the Texas Medical
4789	4789	Board;
4790	4790	(18) officers commissioned by the board of managers of
4791	4791	the Dallas County Hospital District, the Tarrant County Hospital
4792	4792	District, or the Bexar County Hospital District under Section
4793	4793	281.057, Health and Safety Code;
4794	4794	(19) county park rangers commissioned under
4795	4795	Subchapter E, Chapter 351, Local Government Code;
4796	4796	(20) investigators employed by the Texas Racing
4797	4797	Commission;
4798	4798	(21) officers commissioned under Chapter 554,
4799	4799	Occupations Code;
4800	4800	(22) officers commissioned by the governing body of a
4801	4801	metropolitan rapid transit authority under Section 451.108,
4802	4802	Transportation Code, or by a regional transportation authority
4803	4803	under Section 452.110, Transportation Code;
4804	4804	(23) investigators commissioned by the attorney
4805	4805	general under Section 402.009, Government Code;
4806	4806	(24) security officers and investigators commissioned
4807	4807	as peace officers under Chapter 466, Government Code;
4808	4808	(25) an officer employed by the Department of State
4809	4809	Health Services under Section 431.2471, Health and Safety Code;
4810	4810	(26) officers appointed by an appellate court under
4811	4811	Subchapter F, Chapter 53, Government Code;
4812	4812	(27) officers commissioned by the state fire marshal
4813	4813	under Chapter 417, Government Code;
4814	4814	(28) an investigator commissioned by the commissioner
4815	4815	of insurance under Section 701.104, Insurance Code;
4816	4816	(29) apprehension specialists and inspectors general
4817	4817	commissioned by the Texas Juvenile Justice Department [Texas Youth
4818	4818	Commission] as officers under Sections 242.102 and 243.052 [61.0451
4819	4819	and 61.0931], Human Resources Code;
4820	4820	(30) officers appointed by the inspector general of
4821	4821	the Texas Department of Criminal Justice under Section 493.019,
4822	4822	Government Code;
4823	4823	(31) investigators commissioned by the Commission on
4824	4824	Law Enforcement Officer Standards and Education under Section
4825	4825	1701.160, Occupations Code;
4826	4826	(32) commission investigators commissioned by the
4827	4827	Texas Private Security Board under Section 1702.061(f),
4828	4828	Occupations Code;
4829	4829	(33) the fire marshal and any officers, inspectors, or
4830	4830	investigators commissioned by an emergency services district under
4831	4831	Chapter 775, Health and Safety Code;
4832	4832	(34) officers commissioned by the State Board of
4833	4833	Dental Examiners under Section 254.013, Occupations Code, subject
4834	4834	to the limitations imposed by that section;
4835	4835	(35) investigators commissioned by the Texas Juvenile
4836	4836	Justice Department [Probation Commission] as officers under
4837	4837	Section 221.011 [141.055], Human Resources Code; and
4838	4838	(36) the fire marshal and any related officers,
4839	4839	inspectors, or investigators commissioned by a county under
4840	4840	Subchapter B, Chapter 352, Local Government Code.
4841	4841	SECTION 3.002. Section 5(d), Article 18.20, Code of
4842	4842	Criminal Procedure, is amended to read as follows:
4843	4843	(d) The Texas Juvenile Justice Department [Youth
4844	4844	Commission] may own electronic, mechanical, or other devices for a
4845	4845	use or purpose authorized by Section 242.104 [61.0455], Human
4846	4846	Resources Code, and the inspector general of the Texas Juvenile
4847	4847	Justice Department [Youth Commission], a commissioned officer of
4848	4848	that office, or another person acting in the presence and under the
4849	4849	direction of a commissioned officer of that office may possess,
4850	4850	install, operate, or monitor those devices as provided by Section
4851	4851	242.104 [61.0455].
4852	4852	SECTION 3.003. Section 29.012(e), Education Code, is
4853	4853	amended to read as follows:
4854	4854	(e) This section does not apply to a residential treatment
4855	4855	facility for juveniles established under Section 221.056
4856	4856	[141.059], Human Resources Code.
4857	4857	SECTION 3.004. Section 51.13(c), Family Code, is amended to
4858	4858	read as follows:
4859	4859	(c) A child may not be committed or transferred to a penal
4860	4860	institution or other facility used primarily for the execution of
4861	4861	sentences of persons convicted of crime, except:
4862	4862	(1) for temporary detention in a jail or lockup
4863	4863	pending juvenile court hearing or disposition under conditions
4864	4864	meeting the requirements of Section 51.12 of this code;
4865	4865	(2) after transfer for prosecution in criminal court
4866	4866	under Section 54.02 of this code; or
4867	4867	(3) after transfer from the Texas Juvenile Justice
4868	4868	Department [Youth Commission] under Section 245.151(c) [61.084],
4869	4869	Human Resources Code.
4870	4870	SECTION 3.005. Section 51.21(a), Family Code, is amended to
4871	4871	read as follows:
4872	4872	(a) A probation department that administers the mental
4873	4873	health screening instrument or clinical assessment required by
4874	4874	Section 221.003 [141.042(e)], Human Resources Code, shall refer the
4875	4875	child to the local mental health authority for assessment and
4876	4876	evaluation if:
4877	4877	(1) the child's scores on the screening instrument or
4878	4878	clinical assessment indicate a need for further mental health
4879	4879	assessment and evaluation; and
4880	4880	(2) the department and child do not have access to an
4881	4881	internal, contract, or private mental health professional.
4882	4882	SECTION 3.006. Section 53.045(d), Family Code, is amended
4883	4883	to read as follows:
4884	4884	(d) If the grand jury approves of the petition, the fact of
4885	4885	approval shall be certified to the juvenile court, and the
4886	4886	certification shall be entered in the record of the case. For the
4887	4887	purpose of the transfer of a child to the Texas Department of
4888	4888	Criminal Justice as provided by Section 245.151(c) [61.084(c)],
4889	4889	Human Resources Code, a juvenile court petition approved by a grand
4890	4890	jury under this section is an indictment presented by the grand
4891	4891	jury.
4892	4892	SECTION 3.007. Sections 54.11(a), (h), (i), and (j), Family
4893	4893	Code, are amended to read as follows:
4894	4894	(a) On receipt of a referral under Section 244.014(a)
4895	4895	[61.079(a)], Human Resources Code, for the transfer to the Texas
4896	4896	Department of Criminal Justice of a person committed to the Texas
4897	4897	Juvenile Justice Department [Youth Commission] under Section
4898	4898	54.04(d)(3), 54.04(m), or 54.05(f), or on receipt of a request by
4899	4899	the Texas Juvenile Justice Department [commission] under Section
4900	4900	245.051(d) [61.081(g)], Human Resources Code, for approval of the
4901	4901	release under supervision of a person committed to the Texas
4902	4902	Juvenile Justice Department [commission] under Section
4903	4903	54.04(d)(3), 54.04(m), or 54.05(f), the court shall set a time and
4904	4904	place for a hearing on the release of the person.
4905	4905	(h) The hearing on a person who is referred for transfer
4906	4906	under Section 244.014(a) [61.079(a)], Human Resources Code, shall
4907	4907	be held not later than the 60th day after the date the court
4908	4908	receives the referral.
4909	4909	(i) On conclusion of the hearing on a person who is referred
4910	4910	for transfer under Section 244.014(a) [61.079(a)], Human Resources
4911	4911	Code, the court may order:
4912	4912	(1) the return of the person to the Texas Juvenile
4913	4913	Justice Department [Youth Commission]; or
4914	4914	(2) the transfer of the person to the custody of the
4915	4915	Texas Department of Criminal Justice for the completion of the
4916	4916	person's sentence.
4917	4917	(j) On conclusion of the hearing on a person who is referred
4918	4918	for release under supervision under Section 245.051(c)
4919	4919	[61.081(f)], Human Resources Code, the court may order the return
4920	4920	of the person to the Texas Juvenile Justice Department [Youth
4921	4921	Commission]:
4922	4922	(1) with approval for the release of the person under
4923	4923	supervision; or
4924	4924	(2) without approval for the release of the person
4925	4925	under supervision.
4926	4926	SECTION 3.008. Section 58.003(g-1), Family Code, is amended
4927	4927	to read as follows:
4928	4928	(g-1) Any records collected or maintained by the Texas
4929	4929	Juvenile Justice Department [Probation Commission], including
4930	4930	statistical data submitted under Section 221.007 [141.044], Human
4931	4931	Resources Code, are not subject to a sealing order issued under this
4932	4932	section.
4933	4933	SECTION 3.009. Section 58.0072(b), Family Code, is amended
4934	4934	to read as follows:
4935	4935	(b) Juvenile justice information consists of information of
4936	4936	the type described by Section 58.104, including statistical data in
4937	4937	any form or medium collected, maintained, or submitted to the Texas
4938	4938	Juvenile Justice Department [Probation Commission] under Section
4939	4939	221.007 [141.044], Human Resources Code.
4940	4940	SECTION 3.010. Section 41.310(b), Government Code, is
4941	4941	amended to read as follows:
4942	4942	(b) In addition to the duties prescribed by Subsection (a),
4943	4943	the counsellor shall on a quarterly basis provide the board of
4944	4944	directors and the standing committees of the senate and house of
4945	4945	representatives with primary jurisdiction over matters concerning
4946	4946	correctional facilities with a report concerning offenses or
4947	4947	delinquent conduct prosecuted by the unit on receiving a request
4948	4948	for assistance under Section 241.007 [61.098], Human Resources
4949	4949	Code, or a request for assistance otherwise from a prosecuting
4950	4950	attorney. A report under this subsection is public information
4951	4951	under Chapter 552, Government Code, and the board of directors
4952	4952	shall request that the commission publish the report on the
4953	4953	commission's Internet website. A report must be both aggregated
4954	4954	and disaggregated by individual facility and include information
4955	4955	relating to:
4956	4956	(1) the number of requests for assistance received
4957	4957	under Section 241.007 [61.098], Human Resources Code, and requests
4958	4958	for assistance otherwise received from prosecuting attorneys;
4959	4959	(2) the number of cases investigated and the number of
4960	4960	cases prosecuted;
4961	4961	(3) the types and outcomes of cases prosecuted, such
4962	4962	as whether the case concerned narcotics or an alleged incident of
4963	4963	sexual abuse; and
4964	4964	(4) the relationship of a victim to a perpetrator, if
4965	4965	applicable.
4966	4966	SECTION 3.011. Section 411.1141(a), Government Code, is
4967	4967	amended to read as follows:
4968	4968	(a) The Texas Juvenile Justice Department [Youth
4969	4969	Commission] is entitled to obtain from the department criminal
4970	4970	history record information maintained by the department that
4971	4971	relates to a person described by Section 242.013(b) [61.0357(b)],
4972	4972	Human Resources Code.
4973	4973	SECTION 3.012. Section 493.017(d), Government Code, is
4974	4974	amended to read as follows:
4975	4975	(d) A sex offender correction program that provides
4976	4976	counseling sessions for a child who is released under supervision
4977	4977	under Section 245.053 [61.0813], Human Resources Code, shall report
4978	4978	to the Texas Juvenile Justice Department [Youth Commission], not
4979	4979	later than the 15th day of each month, the following information
4980	4980	about the child:
4981	4981	(1) the total number of counseling sessions attended
4982	4982	by the child during the preceding month; and
4983	4983	(2) if during the preceding month the child terminates
4984	4984	participation in the program before completing counseling, the
4985	4985	reason for the child's termination of counseling or that the reason
4986	4986	for the termination of counseling is unknown.
4987	4987	SECTION 3.013. Section 499.053, Government Code, is amended
4988	4988	to read as follows:
4989	4989	Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE
4990	4990	DEPARTMENT [YOUTH COMMISSION]. (a) The department [institutional
4991	4991	division] shall accept persons transferred to the department
4992	4992	[division] from the Texas Juvenile Justice Department [Youth
4993	4993	Commission] under Section 245.151 [61.084], Human Resources Code.
4994	4994	(b) A person transferred to the department [institutional
4995	4995	division] from the Texas Juvenile Justice Department [Youth
4996	4996	Commission] is entitled to credit on the person's sentence for the
4997	4997	time served in the custody of the Texas Juvenile Justice Department
4998	4998	[youth commission].
4999	4999	(c) All laws relating to good conduct time and eligibility
5000	5000	for release on parole or mandatory supervision apply to a person
5001	5001	transferred to the department [institutional division] by the Texas
5002	5002	Juvenile Justice Department [youth commission] as if the time the
5003	5003	person was detained in a detention facility and the time the person
5004	5004	served in the custody of the Texas Juvenile Justice Department
5005	5005	[youth commission] was time served in the custody of the department
5006	5006	[division].
5007	5007	(d) A person transferred from the Texas Juvenile Justice
5008	5008	Department [Youth Commission] for the offense of capital murder
5009	5009	shall become eligible for parole as provided in Section 508.145(d)
5010	5010	for an offense listed in Section 3g, Article 42.12, Code of Criminal
5011	5011	Procedure, or an offense for which a deadly weapon finding has been
5012	5012	made.
5013	5013	SECTION 3.014. Section 508.156(a), Government Code, is
5014	5014	amended to read as follows:
5015	5015	(a) Before the release of a person who is transferred under
5016	5016	Section 245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], Human
5017	5017	Resources Code, to the department [division] for release on parole,
5018	5018	a parole panel shall review the person's records and may interview
5019	5019	the person or any other person the panel considers necessary to
5020	5020	determine the conditions of parole. The panel may impose any
5021	5021	reasonable condition of parole on the person that the panel may
5022	5022	impose on an adult inmate under this chapter.
5023	5023	SECTION 3.015. Section 614.019(c), Health and Safety Code,
5024	5024	is amended to read as follows:
5025	5025	(c) A child with mental illness or mental retardation who is
5026	5026	discharged from the Texas Juvenile Justice Department [Youth
5027	5027	Commission] under Section 244.011 [61.077], Human Resources Code,
5028	5028	may receive continuity of care services from the office for a
5029	5029	minimum of 90 days after discharge from the commission and for as
5030	5030	long as necessary for the child to demonstrate sufficient stability
5031	5031	to transition successfully to mental health or mental retardation
5032	5032	services provided by a local mental health or mental retardation
5033	5033	authority.
5034	5034	SECTION 3.016. Section 152.0007(b), Human Resources Code,
5035	5035	is amended to read as follows:
5036	5036	(b) The board may establish guidelines for the initial
5037	5037	assessment of a child by the juvenile probation department. The
5038	5038	guidelines shall provide a means for assessing a child's mental
5039	5039	health status, family background, and level of education. The
5040	5040	guidelines shall assist the probation department in determining
5041	5041	whether a comprehensive psychological evaluation of the child
5042	5042	should be conducted. The board shall require that probation
5043	5043	department personnel use assessment information compiled by the
5044	5044	child's school, if the information is available, before conducting
5045	5045	a comprehensive psychological evaluation of the child. The board
5046	5046	may adopt all or part of the Texas Juvenile Justice Department's
5047	5047	[Juvenile Probation Commission's] minimum standards for assessment
5048	5048	under Section 221.002 [141.042] in complying with this subsection.
5049	5049	SECTION 3.017. Section 152.0011, Human Resources Code, is
5050	5050	amended to read as follows:
5051	5051	Sec. 152.0011. LOCAL YOUTH BOOT CAMPS; CONTRACTS WITH
5052	5052	PRIVATE VENDORS. (a) The juvenile board or local juvenile
5053	5053	probation department may establish a youth boot camp and employ
5054	5054	necessary personnel to operate the camp.
5055	5055	(b) The juvenile board or local juvenile probation
5056	5056	department may contract with a private vendor for the financing,
5057	5057	construction, operation, maintenance, or management of a youth boot
5058	5058	camp [in the same manner as the state. The juvenile board may not
5059	5059	award a contract under this subsection unless the board requests
5060	5060	proposals and receives a proposal that meets or exceeds, in
5061	5061	addition to requirements specified in the request for proposals,
5062	5062	the requirements specified in Section 141.0434.
5063	5063	[(c) A juvenile board youth boot camp must offer a program
5064	5064	that complies with the requirements of the youth boot camps set
5065	5065	forth in Section 141.0432].
5066	5066	(c) [(d)] If a juvenile board or its designee determines
5067	5067	that a child is not complying with the rules of conduct promulgated
5068	5068	by the board [commission] or is medically or psychologically
5069	5069	unsuitable for the program, the board shall terminate the child's
5070	5070	participation in the program and request the sentencing court to
5071	5071	reassume custody of the child.
5072	5072	SECTION 3.018. Section 152.0301(f), Human Resources Code,
5073	5073	is amended to read as follows:
5074	5074	(f) The juvenile board shall ensure that the chief juvenile
5075	5075	officer and fiscal officer:
5076	5076	(1) keep the financial and statistical records and
5077	5077	submit reports to the Texas Juvenile Justice Department [Probation
5078	5078	Commission] as prescribed by Section 221.007 [141.044]; and
5079	5079	(2) submit periodic financial and statistical reports
5080	5080	to the county commissioners court.
5081	5081	SECTION 3.019. Section 152.0791(g), Human Resources Code,
5082	5082	is amended to read as follows:
5083	5083	(g) The juvenile board shall ensure that the chief juvenile
5084	5084	officer and fiscal officer:
5085	5085	(1) keep the financial and statistical records and
5086	5086	submit reports to the Texas Juvenile Justice Department [Probation
5087	5087	Commission] as prescribed by Section 221.007 [141.044]; and
5088	5088	(2) submit periodic financial and statistical reports
5089	5089	to the commissioners courts.
5090	5090	SECTION 3.020. Section 152.1371(f), Human Resources Code,
5091	5091	is amended to read as follows:
5092	5092	(f) The juvenile board shall ensure that the chief juvenile
5093	5093	officer and fiscal officer:
5094	5094	(1) keep the financial and statistical records and
5095	5095	submit reports to the Texas Juvenile Justice Department [Probation
5096	5096	Commission] as prescribed by Section 221.007 [141.044]; and
5097	5097	(2) submit periodic financial and statistical reports
5098	5098	to the county commissioners court.
5099	5099	SECTION 3.021. Section 152.1431(f), Human Resources Code,
5100	5100	is amended to read as follows:
5101	5101	(f) The juvenile board shall ensure that the chief juvenile
5102	5102	officer and fiscal officer:
5103	5103	(1) keep the financial and statistical records and
5104	5104	submit reports to the Texas Juvenile Justice Department [Probation
5105	5105	Commission] as prescribed by Section 221.007 [141.044]; and
5106	5106	(2) submit periodic financial and statistical reports
5107	5107	to the county commissioners court.
5108	5108	SECTION 3.022. Section 152.2511(f), Human Resources Code,
5109	5109	is amended to read as follows:
5110	5110	(f) The juvenile board shall ensure that the chief juvenile
5111	5111	officer and fiscal officer:
5112	5112	(1) keep the financial and statistical records and
5113	5113	submit reports to the Texas Juvenile Justice Department [Probation
5114	5114	Commission] as prescribed by Section 221.007 [141.044]; and
5115	5115	(2) submit periodic financial and statistical reports
5116	5116	to the county commissioners court.
5117	5117	SECTION 3.023. Section 16.02(e-1), Penal Code, is amended
5118	5118	to read as follows:
5119	5119	(e-1) It is a defense to prosecution under Subsection (d)(1)
5120	5120	that the electronic, mechanical, or other device is possessed by a
5121	5121	person authorized to possess the device under Section 500.008,
5122	5122	Government Code, or Section 242.104 [61.0455], Human Resources
5123	5123	Code.
5124	5124	ARTICLE 4. TRANSITION AND EFFECTIVE DATE
5125	5125	SECTION 4.001. (a) Effective December 1, 2011, Subchapters
5126	5126	A, B, and H, Chapter 61, Human Resources Code, and Subchapters A and
5127	5127	B, Chapter 141, Human Resources Code, are repealed.
5128	5128	(b) Effective December 1, 2011, the Texas Youth Commission
5129	5129	and the Texas Juvenile Probation Commission are abolished and the
5130	5130	powers and duties of those agencies are transferred to the Texas
5131	5131	Juvenile Justice Board and the Texas Juvenile Justice Department in
5132	5132	accordance with Title 12, Human Resources Code, as added by this
5133	5133	Act.
5134	5134	SECTION 4.002. (a) Not later than December 1, 2011, the
5135	5135	governor shall appoint the initial members of the Texas Juvenile
5136	5136	Justice Board under Section 202.001, Human Resources Code, as added
5137	5137	by this Act. The governor shall appoint:
5138	5138	(1) four members whose terms expire February 1, 2013;
5139	5139	(2) four members whose terms expire February 1, 2015;
5140	5140	and
5141	5141	(3) three members whose terms expire February 1, 2017.
5142	5142	(b) The initial members of the Advisory Council on Juvenile
5143	5143	Services shall be appointed as provided by Section 203.0081, Human
5144	5144	Resources Code, as added by this Act, not later than December 1,
5145	5145	2011. At the first advisory council meeting, the members, other
5146	5146	than the ex officio members, shall draw lots to determine the length
5147	5147	of each member's initial term and which members' terms expire each
5148	5148	year.
5149	5149	SECTION 4.003. (a) All money, records, property, and
5150	5150	equipment in the possession of the Texas Youth Commission or the
5151	5151	Texas Juvenile Probation Commission on December 1, 2011, shall be
5152	5152	transferred to the possession of the Texas Juvenile Justice
5153	5153	Department on December 1, 2011, or as soon as possible after that
5154	5154	date.
5155	5155	(b) Effective December 1, 2011, a rule adopted by the Texas
5156	5156	Youth Commission or the Texas Juvenile Probation Commission is a
5157	5157	rule of the Texas Juvenile Justice Department until and unless the
5158	5158	Texas Juvenile Justice Board amends or repeals the rule.
5159	5159	(c) Effective December 1, 2011, a memorandum of
5160	5160	understanding entered into by the Texas Youth Commission or the
5161	5161	Texas Juvenile Probation Commission is binding against the Texas
5162	5162	Juvenile Justice Department to the same extent that the memorandum
5163	5163	bound the agency that entered into the memorandum of understanding,
5164	5164	until and unless the department enters into a new memorandum of
5165	5165	understanding that modifies the department's responsibilities.
5166	5166	SECTION 4.004. As soon as practicable after September 1,
5167	5167	2011, the Texas Juvenile Justice Department shall establish the
5168	5168	toll-free number for complaints, as required under Section 203.015,
5169	5169	Human Resources Code, as added by this Act.
5170	5170	SECTION 4.005. Unless another provision of this Act
5171	5171	specifically provides otherwise, the Texas Youth Commission and the
5172	5172	Texas Juvenile Probation Commission, as applicable, shall
5173	5173	implement each change in law made by this Act, including adopting
5174	5174	any necessary or required rule, not later than December 1, 2011.
5175	5175	SECTION 4.006. (a) The validity of a disposition of a child
5176	5176	under Title 3, Family Code, made before, on, or after the effective
5177	5177	date of this Act is not affected solely because:
5178	5178	(1) the terms of the disposition refer to the Texas
5179	5179	Youth Commission or the Texas Juvenile Probation Commission; and
5180	5180	(2) during the time for which the disposition is in
5181	5181	effect, the Texas Youth Commission and the Texas Juvenile Probation
5182	5182	Commission cease to exist and their powers and duties are
5183	5183	transferred, as provided by this Act, to the Texas Juvenile Justice
5184	5184	Department.
5185	5185	(b) The action of a juvenile probation department taken in
5186	5186	relation to a child before, on, or after the effective date of this
5187	5187	Act is not affected solely because:
5188	5188	(1) the terms of the action refer to the Texas Youth
5189	5189	Commission or the Texas Juvenile Probation Commission; and
5190	5190	(2) during the time for which the action is in effect,
5191	5191	the Texas Youth Commission and the Texas Juvenile Probation
5192	5192	Commission cease to exist and their powers and duties are
5193	5193	transferred, as provided by this Act, to the Texas Juvenile Justice
5194	5194	Department.
5195	5195	(c) The changes in law made by this Act to Title 3, Family
5196	5196	Code, are not substantive in nature and apply to conduct by a child
5197	5197	that occurs before, on, or after the effective date of this Act.
5198	5198	(d) The disposition of an individual 10 years of age or
5199	5199	older and under 21 years of age who was committed to the Texas Youth
5200	5200	Commission under Title 3, Family Code, before June 8, 2007, is not
5201	5201	affected by Section 201.001(a)(2), Human Resources Code, as added
5202	5202	by this Act.
5203	5203	SECTION 4.007. (a) This section applies only to a closed
5204	5204	facility on real property owned by the Texas Youth Commission or the
5205	5205	Texas Juvenile Justice Department that is located wholly or partly
5206	5206	in a county that has a population of less than 100,000.
5207	5207	(b) The Texas Youth Commission or the Texas Juvenile Justice
5208	5208	Department may transfer a closed facility to the county or
5209	5209	municipality in which the facility is located.
5210	5210	(c) The consideration for the transfer authorized by
5211	5211	Subsection (b) of this section is the requirement that the county or
5212	5212	municipality use the property transferred only for a purpose that
5213	5213	benefits the public interest of the state. If the county or
5214	5214	municipality no longer uses the property for a public purpose,
5215	5215	ownership of the property automatically reverts to the Texas
5216	5216	Juvenile Justice Department.
5217	5217	(d) The Texas Youth Commission or the Texas Juvenile Justice
5218	5218	Department shall transfer the property by an appropriate instrument
5219	5219	of transfer, executed on the agency's behalf by the commissioner of
5220	5220	the General Land Office. The instrument of transfer must:
5221	5221	(1) provide that:
5222	5222	(A) the transferee shall use the property only
5223	5223	for a purpose that benefits the public interest of the state; and
5224	5224	(B) ownership of the property will automatically
5225	5225	revert to the Texas Juvenile Justice Department if the transferee
5226	5226	uses the property for any purpose other than a purpose that benefits
5227	5227	the interest of the state;
5228	5228	(2) describe the property to be transferred by metes
5229	5229	and bounds; and
5230	5230	(3) exclude from the transfer all mineral interests in
5231	5231	and under the property and prohibit any exploration, drilling, or
5232	5232	other similar intrusion on the property related to mineral
5233	5233	interests.
5234	5234	(e) The Texas Juvenile Justice Department shall retain
5235	5235	custody of the instrument of transfer after the instrument of
5236	5236	transfer is filed in the real property records of the county in
5237	5237	which the property is located.
5238	5238	(f) This section expires September 1, 2017.
5239	5239	SECTION 4.008. This Act takes effect September 1, 2011.