Texas 2011 - 82nd Regular

Texas Senate Bill SB653 Compare Versions

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1	1	82R24095 AJZ-D
2	2	By: Whitmire, Hegar, Hinojosa S.B. No. 653
3	3	(Madden, Bonnen, McClendon, Cook)
4	4	Substitute the following for S.B. No. 653: No.
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:
28	28	(A) 10 years of age or older and younger than 18
29	29	years of age who is under the jurisdiction of a juvenile court; or
30	30	(B) 10 years of age or older and younger than 19
31	31	years of age who is committed to the department under Title 3,
32	32	Family Code.
33	33	(3) "Court" means a juvenile court.
34	34	(4) "Department" means the Texas Juvenile Justice
35	35	Department.
36	36	(5) "Executive director" means the executive director
37	37	of the department.
38	38	(6) "Juvenile board" means a body established by law
39	39	to provide juvenile probation services to a county.
40	40	(7) "State aid" means funds allocated by the
41	41	department to a juvenile board to financially assist the juvenile
42	42	board in achieving the purposes of this title and in conforming to
43	43	the department's standards and policies.
44	44	(a-1) A reference to the department:
45	45	(1) in Subtitle B means the Texas Juvenile Probation
46	46	Commission;
47	47	(2) in Subtitle C means the Texas Youth Commission;
48	48	and
49	49	(3) in any law other than Subtitle B or C means the
50	50	Texas Juvenile Probation Commission or the Texas Youth Commission,
51	51	as applicable in context.
52	52	(a-2) This subsection and Subsection (a-1) expire December
53	53	1, 2011.
54	54	(b) Effective December 1, 2011, a reference in other law to:
55	55	(1) the Texas Juvenile Probation Commission means the
56	56	department; or
57	57	(2) the Texas Youth Commission means the department.
58	58	Sec. 201.002. PURPOSES AND INTERPRETATION. This title
59	59	shall be construed to have the following public purposes:
60	60	(1) creating a unified state juvenile justice agency
61	61	that works in partnership with local county governments, the
62	62	courts, and communities to promote public safety by providing a
63	63	full continuum of effective supports and services to youth from
64	64	initial contact through termination of supervision; and
65	65	(2) creating a juvenile justice system that produces
66	66	positive outcomes for youth, families, and communities by:
67	67	(A) assuring accountability, quality,
68	68	consistency, and transparency through effective monitoring and the
69	69	use of systemwide performance measures;
70	70	(B) promoting the use of program and service
71	71	designs and interventions proven to be most effective in
72	72	rehabilitating youth;
73	73	(C) prioritizing the use of community-based or
74	74	family-based programs and services for youth over the placement or
75	75	commitment of youth to a secure facility;
76	76	(D) operating the state facilities to
77	77	effectively house and rehabilitate the youthful offenders that
78	78	cannot be safely served in another setting; and
79	79	(E) protecting and enhancing the cooperative
80	80	agreements between state and local county governments.
81	81	Sec. 201.003. GOALS. The goals of the department and all
82	82	programs, facilities, and services that are operated, regulated, or
83	83	funded by the department are to:
84	84	(1) support the development of a consistent
85	85	county-based continuum of effective interventions, supports, and
86	86	services for youth and families that reduce the need for
87	87	out-of-home placement;
88	88	(2) increase reliance on alternatives to placement and
89	89	commitment to secure state facilities, consistent with adequately
90	90	addressing a youthful offender's treatment needs and protection of
91	91	the public;
92	92	(3) locate the facilities as geographically close as
93	93	possible to necessary workforce and other services while supporting
94	94	the youths' connection to their families;
95	95	(4) encourage regional cooperation that enhances
96	96	county collaboration;
97	97	(5) enhance the continuity of care throughout the
98	98	juvenile justice system; and
99	99	(6) use secure facilities of a size that supports
100	100	effective youth rehabilitation and public safety.
101	101	Sec. 201.004. INTERAGENCY AND INTERGOVERNMENTAL
102	102	COOPERATION. (a) To improve services to youth, the department may
103	103	cooperate and contract with:
104	104	(1) the federal government;
105	105	(2) governmental agencies in this state and other
106	106	states;
107	107	(3) political subdivisions of the state; and
108	108	(4) private agencies and foundations.
109	109	(b) The executive director, the commissioner of education,
110	110	the commissioner of family and protective services, the
111	111	commissioner of state health services, the executive commissioner
112	112	of health and human services, and the chairman of the workforce
113	113	commission, or their designees, shall meet at least annually to:
114	114	(1) discuss mutual issues relating to at-risk youth
115	115	and youthful offenders, and community support systems for families
116	116	and youth;
117	117	(2) resolve conflicts in providing services to youth;
118	118	and
119	119	(3) make recommendations to the governor and
120	120	legislature.
121	121	CHAPTER 201A. TEMPORARY PROVISIONS
122	122	SUBCHAPTER A. TRANSITION TEAM
123	123	Sec. 201A.001. COMPOSITION OF TRANSITION TEAM; PRESIDING
124	124	OFFICER. (a) The juvenile justice services and facilities
125	125	transition team is composed of the following seven members:
126	126	(1) a representative of the Texas Juvenile Probation
127	127	Commission, appointed by the board of the Texas Juvenile Probation
128	128	Commission;
129	129	(2) a representative of the Texas Youth Commission,
130	130	appointed by the board of the Texas Youth Commission;
131	131	(3) a representative of the governor;
132	132	(4) a representative of the lieutenant governor,
133	133	chosen from a list submitted to the governor by the lieutenant
134	134	governor;
135	135	(5) a representative of the speaker of the house of
136	136	representatives, chosen from a list submitted to the governor by
137	137	the speaker;
138	138	(6) one member who represents the interests of:
139	139	(A) youthful offenders or the families of
140	140	youthful offenders;
141	141	(B) an organization that advocates on behalf of
142	142	youthful offenders or the families of youthful offenders; or
143	143	(C) an organization that advocates on behalf of
144	144	the victims of delinquent or criminal conduct; and
145	145	(7) one member with experience in organizational
146	146	mergers.
147	147	(b) The governor shall appoint the members of the transition
148	148	team listed in Subsections (a)(3)-(7).
149	149	(c) The members of the transition team shall be appointed as
150	150	provided by Subsections (a) and (b) as soon as possible after
151	151	September 1, 2011, and not later than October 1, 2011.
152	152	(d) The transition team member who is appointed under
153	153	Subsection (a)(3) serves as the presiding officer of the transition
154	154	team.
155	155	(e) The transition team members appointed under Subsections
156	156	(a)(1) and (2) remain on the transition team after November 30,
157	157	2011, regardless of the abolition of the agencies named in those
158	158	subdivisions.
159	159	(f) A member of the transition team is not a state officer
160	160	for the purposes of Subchapter B, Chapter 572, Government Code,
161	161	solely because of the member's service on the transition team.
162	162	Sec. 201A.002. POWERS AND DUTIES. (a) After September 1,
163	163	2011, and before December 1, 2011, the transition team shall
164	164	coordinate and oversee the transition of services and facilities
165	165	from the Texas Juvenile Probation Commission and the Texas Youth
166	166	Commission to the Texas Juvenile Justice Department.
167	167	(b) After November 30, 2011, and before March 1, 2012, the
168	168	transition team shall:
169	169	(1) assist the Texas Juvenile Justice Department and
170	170	advise the Texas Juvenile Justice Board in implementing the
171	171	transition of services and facilities from the Texas Juvenile
172	172	Probation Commission and the Texas Youth Commission to the Texas
173	173	Juvenile Justice Department; and
174	174	(2) prepare and submit to the Texas Juvenile Justice
175	175	Department a transition plan that:
176	176	(A) shall include short-term, medium-term, and
177	177	long-term transition goals for the department; and
178	178	(B) may include benchmarks and timelines for
179	179	completion of certain transition-related tasks, as appropriate.
180	180	Sec. 201A.003. ASSISTANCE. The following state agencies
181	181	shall, on request, assist the transition team with the following
182	182	matters:
183	183	(1) the Legislative Budget Board and the budget,
184	184	planning, and policy division of the governor's office, with
185	185	preparation of a suggested budget for the department;
186	186	(2) the Department of Information Resources, with the
187	187	technological needs of the department;
188	188	(3) the office of the attorney general, with legal
189	189	matters concerning the transition of services and facilities from
190	190	the Texas Juvenile Probation Commission and the Texas Youth
191	191	Commission to the Texas Juvenile Justice Department;
192	192	(4) the comptroller of public accounts, with suggested
193	193	accounting practices for the department; and
194	194	(5) the Texas Facilities Commission, with assistance
195	195	in efficiently using the office space in which the administrative
196	196	offices of the Texas Juvenile Probation Commission and the Texas
197	197	Youth Commission are located and, if necessary, locating additional
198	198	office space for the administrative offices of the department.
199	199	[Sections 201A.004-201A.050 reserved for expansion]
200	200	SUBCHAPTER B. EXPIRATION
201	201	Sec. 201A.051. EXPIRATION. This chapter expires March 31,
202	202	2012.
203	203	CHAPTER 202. ADMINISTRATIVE PROVISIONS
204	204	Sec. 202.001. COMPOSITION OF BOARD; PRESIDING OFFICER. (a)
205	205	The board is composed of the following 11 members appointed by the
206	206	governor with the advice and consent of the senate:
207	207	(1) one member who is a district court judge of a court
208	208	designated as a juvenile court;
209	209	(2) two members who are county judges or county
210	210	commissioners;
211	211	(3) one prosecutor in juvenile court;
212	212	(4) one chief juvenile probation officer of a juvenile
213	213	probation department serving a county with a population that
214	214	includes fewer than 7,500 persons younger than 18 years of age;
215	215	(5) one chief juvenile probation officer of a juvenile
216	216	probation department serving a county with a population that
217	217	includes at least 7,500 but fewer than 20,000 persons younger than
218	218	18 years of age;
219	219	(6) one chief juvenile probation officer of a juvenile
220	220	probation department serving a county with a population that
221	221	includes 20,000 or more persons younger than 18 years of age;
222	222	(7) one adolescent mental health treatment
223	223	professional licensed under Subtitle B or I, Title 3, Occupations
224	224	Code;
225	225	(8) one educator, as that term is defined by Section
226	226	5.001, Education Code; and
227	227	(9) two members of the general public.
228	228	(b) Members serve staggered six-year terms, with the terms
229	229	of three or four members expiring on February 1 of each odd-numbered
230	230	year.
231	231	(c) The governor shall designate a member of the board as
232	232	the presiding officer of the board to serve in that capacity at the
233	233	pleasure of the governor.
234	234	(d) The governor shall make appointments to the board
235	235	without regard to the race, color, disability, sex, religion, age,
236	236	or national origin of the appointees.
237	237	Sec. 202.002. RESTRICTIONS ON BOARD MEMBERSHIP AND
238	238	DEPARTMENT EMPLOYMENT. (a) A person may not be a public member of
239	239	the board if the person or the person's spouse:
240	240	(1) is employed in the field of criminal or juvenile
241	241	justice;
242	242	(2) is employed by or participates in the management
243	243	of a business entity or other organization regulated by or
244	244	receiving money from the department;
245	245	(3) owns or controls, directly or indirectly, more
246	246	than a 10 percent interest in a business entity or other
247	247	organization regulated by or receiving money from the department;
248	248	or
249	249	(4) uses or receives a substantial amount of tangible
250	250	goods, services, or money from the department, other than
251	251	compensation or reimbursement authorized by law for board
252	252	membership, attendance, or expenses.
253	253	(b) A person may not be a board member and may not be a
254	254	department employee employed in a "bona fide executive,
255	255	administrative, or professional capacity," as that phrase is used
256	256	for purposes of establishing an exemption to the overtime
257	257	provisions of the federal Fair Labor Standards Act of 1938 (29
258	258	U.S.C. Section 201 et seq.), if:
259	259	(1) the person is an officer, employee, or paid
260	260	consultant of a Texas trade association in the field of criminal or
261	261	juvenile justice; or
262	262	(2) the person's spouse is an officer, manager, or paid
263	263	consultant of a Texas trade association in the field of criminal or
264	264	juvenile justice.
265	265	(c) A person may not be a board member or act as the general
266	266	counsel to the board or the department if the person is required to
267	267	register as a lobbyist under Chapter 305, Government Code, because
268	268	of the person's activities for compensation on behalf of a
269	269	profession related to the operation of the department.
270	270	(d) In this section, "Texas trade association" means a
271	271	cooperative and voluntarily joined statewide association of
272	272	business or professional competitors in this state designed to
273	273	assist its members and its industry or profession in dealing with
274	274	mutual business or professional problems and in promoting their
275	275	common interest.
276	276	Sec. 202.003. PROVISIONS APPLICABLE TO JUDICIAL MEMBERS.
277	277	(a) A judge's place on the board becomes vacant when the judge
278	278	ceases to hold a judicial office.
279	279	(b) A judge's service on the board is an additional duty of
280	280	office.
281	281	(c) At the time of appointment to the board, a judge must be
282	282	a judge of:
283	283	(1) a court designated as a juvenile court; or
284	284	(2) a court that is one of several courts that rotate
285	285	being the juvenile court.
286	286	Sec. 202.004. REMOVAL OF BOARD MEMBERS. (a) It is a ground
287	287	for removal from the board if a member:
288	288	(1) does not have at the time of taking office the
289	289	qualifications required by Sections 202.001 and 202.003;
290	290	(2) does not maintain during service on the board the
291	291	qualifications required by Sections 202.001 and 202.003;
292	292	(3) is ineligible for membership under Section
293	293	202.002;
294	294	(4) cannot, because of illness or disability,
295	295	discharge the member's duties for a substantial part of the term; or
296	296	(5) is absent from more than half of the regularly
297	297	scheduled board meetings that the member is eligible to attend
298	298	during a calendar year unless the absence is excused by majority
299	299	vote of the board.
300	300	(b) The validity of an action of the board is not affected by
301	301	the fact that the action is taken when a ground for removal of a
302	302	board member exists.
303	303	(c) If the executive director has knowledge that a potential
304	304	ground for removal exists, the executive director shall notify the
305	305	presiding officer of the board of the potential ground. The
306	306	presiding officer shall then notify the governor and the attorney
307	307	general that a potential ground for removal exists. If the
308	308	potential ground for removal involves the presiding officer, the
309	309	executive director shall notify the next highest ranking officer of
310	310	the board, who shall then notify the governor and the attorney
311	311	general that a potential ground for removal exists.
312	312	Sec. 202.005. BOARD MEMBER RECUSAL. (a) A chief juvenile
313	313	probation officer who is a board member shall avoid the appearance
314	314	of a conflict of interest by not voting or participating in any
315	315	decision by the board that solely benefits or penalizes or
316	316	otherwise solely impacts the juvenile probation department over
317	317	which the chief juvenile probation officer has authority.
318	318	(b) The board may adopt recusal requirements in addition to
319	319	those described by Subsection (a), including requirements that are
320	320	more restrictive than those described by Subsection (a).
321	321	Sec. 202.006. TRAINING FOR BOARD MEMBERS. (a) A person who
322	322	is appointed to and qualifies for office as a member of the board
323	323	may not vote, deliberate, or be counted as a member in attendance at
324	324	a meeting of the board until the person completes a training program
325	325	that complies with this section.
326	326	(b) The training program must provide the person with
327	327	information regarding:
328	328	(1) the legislation that created the department;
329	329	(2) the programs, functions, rules, and budget of the
330	330	department;
331	331	(3) the results of the most recent formal audit of the
332	332	department;
333	333	(4) the requirements of laws relating to open
334	334	meetings, public information, administrative procedure, and
335	335	conflicts of interest; and
336	336	(5) any applicable ethics policies adopted by the
337	337	department or the Texas Ethics Commission.
338	338	(c) A person appointed to the board is entitled to
339	339	reimbursement, as provided by the General Appropriations Act, for
340	340	the travel expenses incurred in attending the training program
341	341	regardless of whether the attendance at the program occurs before
342	342	or after the person qualifies for office.
343	343	Sec. 202.007. REIMBURSEMENT. A board member is not
344	344	entitled to compensation for service on the board but is entitled to
345	345	reimbursement for actual and necessary expenses incurred in
346	346	performing official duties as a board member.
347	347	Sec. 202.008. MEETINGS; PUBLIC PARTICIPATION. (a) The
348	348	board shall hold regular quarterly meetings on dates set by the
349	349	board and special meetings at the call of the presiding officer.
350	350	(b) The board shall adopt rules regulating the board's
351	351	proceedings.
352	352	(c) The board shall keep a public record of the board's
353	353	decisions at the board's general office.
354	354	(d) The board shall develop and implement policies that
355	355	provide the public with a reasonable opportunity to appear before
356	356	the board and to speak on any issue under the jurisdiction of the
357	357	department.
358	358	Sec. 202.009. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The
359	359	department is subject to audit by the state auditor in accordance
360	360	with Chapter 321, Government Code.
361	361	(b) The state auditor, on request of the office of inspector
362	362	general, may provide information or other assistance to the office
363	363	of inspector general that the state auditor determines is
364	364	appropriate. The office of inspector general may coordinate with
365	365	the state auditor to review or schedule a plan for an investigation
366	366	under Subchapter C, Chapter 242, or share other information.
367	367	(c) The state auditor may access all information maintained
368	368	by the office of inspector general, such as vouchers, electronic
369	369	data, and internal records, including information that is otherwise
370	370	confidential under law. Information obtained by the state auditor
371	371	under this subsection is confidential and is not subject to
372	372	disclosure under Chapter 552, Government Code.
373	373	(d) Any provision of this title relating to the operations
374	374	of the office of inspector general does not:
375	375	(1) supersede the authority of the state auditor to
376	376	conduct an audit under Chapter 321, Government Code; or
377	377	(2) prohibit the state auditor from:
378	378	(A) conducting an audit, investigation, or other
379	379	review; or
380	380	(B) having full and complete access to all
381	381	records and other information concerning the department, including
382	382	any witness statement or electronic data, that the state auditor
383	383	considers necessary for the audit, investigation, or review.
384	384	Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
385	385	Board and the Texas Juvenile Justice Department are subject to
386	386	Chapter 325, Government Code (Texas Sunset Act). Unless continued
387	387	in existence as provided by that chapter, the board and the
388	388	department are abolished September 1, 2017.
389	389	CHAPTER 203. GENERAL POWERS AND DUTIES OF BOARD AND DEPARTMENT
390	390	Sec. 203.001. CONTROL OVER DEPARTMENT; DEPARTMENT MISSION.
391	391	(a) The board is the governing body of the department and is
392	392	responsible for the operations of the department.
393	393	(b) The board shall develop and implement policies that
394	394	clearly separate the policymaking responsibilities of the board and
395	395	the management responsibilities of the executive director and the
396	396	staff of the department.
397	397	(c) The board shall establish the mission of the department
398	398	with the goal of establishing a cost-effective continuum of youth
399	399	services that emphasizes keeping youth in their home communities
400	400	while balancing the interests of rehabilitative needs with public
401	401	safety. The board shall establish funding priorities for services
402	402	that support this mission and that do not provide incentives to
403	403	incarcerate youth.
404	404	Sec. 203.002. EXECUTIVE DIRECTOR. The board shall:
405	405	(1) employ an executive director to administer the
406	406	department; and
407	407	(2) supervise the director's administration of the
408	408	department.
409	409	Sec. 203.003. ACCESSIBILITY TO PROGRAMS AND FACILITIES.
410	410	(a) The department shall comply with federal and state laws related
411	411	to program and facility accessibility.
412	412	(b) The board shall prepare and maintain a written plan that
413	413	describes how a person who does not speak English can be provided
414	414	reasonable access to the department's programs and services.
415	415	Sec. 203.004. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
416	416	RESOLUTION. (a) The board shall develop and implement a policy to
417	417	encourage the use of:
418	418	(1) negotiated rulemaking procedures under Chapter
419	419	2008, Government Code, for the adoption of department rules; and
420	420	(2) appropriate alternative dispute resolution
421	421	procedures under Chapter 2009, Government Code, to assist in the
422	422	resolution of internal and external disputes under the department's
423	423	jurisdiction.
424	424	(b) The department's procedures relating to alternative
425	425	dispute resolution must conform, to the extent possible, to any
426	426	model guidelines issued by the State Office of Administrative
427	427	Hearings for the use of alternative dispute resolution by state
428	428	agencies.
429	429	(c) The department shall:
430	430	(1) coordinate the implementation of the policy
431	431	adopted under Subsection (a);
432	432	(2) provide training as needed to implement the
433	433	procedures for negotiated rulemaking or alternative dispute
434	434	resolution; and
435	435	(3) collect data concerning the effectiveness of those
436	436	procedures.
437	437	Sec. 203.005. GIFTS AND GRANTS. (a) The department may
438	438	apply for and accept gifts and grants from any public or private
439	439	source.
440	440	(b) The department shall deposit money received under this
441	441	section in the state treasury. The department may use the money for
442	442	the purpose of funding any activity under this title.
443	443	Sec. 203.006. MEDICAID BENEFITS. The department shall:
444	444	(1) identify areas in which federal Medicaid program
445	445	benefits could be used in a manner that is cost-effective for
446	446	juveniles in the juvenile justice system;
447	447	(2) develop a program to encourage application for and
448	448	receipt of Medicaid benefits;
449	449	(3) provide technical assistance to counties relating
450	450	to eligibility for Medicaid benefits; and
451	451	(4) monitor the extent to which counties make use of
452	452	Medicaid benefits.
453	453	Sec. 203.007. STUDIES; STATISTICAL RECORDS. (a) The
454	454	department may conduct or participate in studies relating to
455	455	corrections methods and systems and to treatment and therapy
456	456	programs at the governor's request or on the department's own
457	457	initiative.
458	458	(b) The department shall continuously study the problem of
459	459	juvenile delinquency in this state and the effectiveness of
460	460	services provided or regulated by the department under Subtitle B
461	461	or C and shall report the department's findings to the governor and
462	462	the legislature before each regular legislative session.
463	463	(c) The department shall keep records relating to juveniles
464	464	within the juvenile justice system that participate in research
465	465	programs or studies.
466	466	(d) The records must show, for each calendar quarter and for
467	467	each calendar year:
468	468	(1) the number of juveniles participating in research
469	469	programs or studies for the appropriate reporting period;
470	470	(2) the type of research program or study in which each
471	471	juvenile is participating;
472	472	(3) the name of the principal investigator conducting
473	473	the research program or study; and
474	474	(4) the entity sponsoring the research program or
475	475	study.
476	476	(e) The department shall submit a report that contains the
477	477	information in the records kept under Subsection (d) on or before
478	478	the 15th day after the last day of the appropriate reporting period
479	479	to the:
480	480	(1) governor;
481	481	(2) lieutenant governor;
482	482	(3) speaker of the house of representatives; and
483	483	(4) members of the senate and house of
484	484	representatives.
485	485	(f) A report submitted under this section is public
486	486	information under Chapter 552, Government Code.
487	487	Sec. 203.008. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH,
488	488	RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this section,
489	489	"evidence" means any record, book, paper, document, data, or other
490	490	evidence maintained by electronic or other means.
491	491	(b) The department may issue a subpoena requiring the
492	492	attendance of a witness or the production of evidence that the
493	493	department considers necessary for the investigation of:
494	494	(1) abuse, neglect, or exploitation allegations;
495	495	(2) complaints;
496	496	(3) financial and programmatic audits of juvenile
497	497	probation programs, services, and facilities, including juvenile
498	498	justice alternative education programs; or
499	499	(4) any other matter under the authority of the
500	500	department, including a determination of treatment under Section
501	501	244.005.
502	502	(c) The department may issue a subpoena under Subsection (b)
503	503	only if the subpoena is signed by:
504	504	(1) the presiding officer of the board or, if the
505	505	presiding officer is unavailable, the presiding officer's
506	506	designee; and
507	507	(2) at least two other members of the board, including
508	508	a board member who is a judge.
509	509	(d) A hearings examiner appointed by the department may
510	510	issue a subpoena requiring the attendance of a witness or the
511	511	production of any record, book, paper, or document the hearings
512	512	examiner considers necessary for a determination of treatment under
513	513	Section 244.005. The hearings examiner may sign a subpoena.
514	514	(e) Any peace officer, department investigator, other
515	515	department official, or person authorized under Article 24.01, Code
516	516	of Criminal Procedure, may serve the subpoena in the same manner
517	517	that similar process in a court of record having original
518	518	jurisdiction of criminal actions is served.
519	519	(f) A subpoena under this section shall be served and
520	520	witness fees and mileage paid as in civil cases in the district
521	521	court in the county to which the witness is called, unless the
522	522	proceeding for which the service or payment is made is under Chapter
523	523	2001, Government Code, in which case the service or payment shall be
524	524	made as provided in that chapter. Witnesses subpoenaed at the
525	525	instance of the department shall be paid their fees and mileage by
526	526	the department out of funds appropriated for that purpose.
527	527	(g) On application of the department, a court of record
528	528	having original jurisdiction of criminal actions may compel the
529	529	attendance of a witness, the production of material, or the giving
530	530	of testimony before the department, by an attachment for contempt
531	531	or in the same manner as the court may otherwise compel the
532	532	production of evidence.
533	533	(h) The presiding officer or a member of the board may
534	534	administer an oath to a witness in attendance before the department
535	535	or before an authorized representative of the department.
536	536	(i) If a witness in attendance before the department or
537	537	before an authorized representative refuses without reasonable
538	538	cause to be examined or answer a legal or pertinent question, or to
539	539	produce evidence when ordered by the department, the department may
540	540	apply to the district court for a rule or order returnable in not
541	541	less than two or in more than five days, directing the witness to
542	542	show cause before the judge why the witness should not be punished
543	543	for contempt. The department may apply to the district court of any
544	544	county where the witness is in attendance, on proof by affidavit of
545	545	the fact, unless the order of contempt is sought under Chapter 2001,
546	546	Government Code, in which case the department shall apply to a
547	547	district court of Travis County, as provided by that chapter. On
548	548	return of the order, the judge hearing the matter shall examine the
549	549	witness under oath and the witness shall be given an opportunity to
550	550	be heard. If the judge determines that the witness has refused,
551	551	without reasonable cause or legal excuse, to be examined or answer a
552	552	legal or pertinent question, or to produce evidence that the
553	553	witness was ordered to bring or produce, the judge may immediately
554	554	find the witness in contempt of court.
555	555	(j) The department shall be granted access at any reasonable
556	556	time to any evidence that is related to any matter the department or
557	557	executive director considers necessary to administer the
558	558	department's functions, powers, and duties.
559	559	Sec. 203.0081. ADVISORY COUNCIL ON JUVENILE SERVICES. (a)
560	560	The advisory council on juvenile services consists of:
561	561	(1) the executive director of the department or the
562	562	executive director's designee;
563	563	(2) the director of probation services of the
564	564	department or the director's designee;
565	565	(3) the executive commissioner of the Health and Human
566	566	Services Commission or the commissioner's designee;
567	567	(4) one representative of the county commissioners
568	568	courts appointed by the board;
569	569	(5) two juvenile court judges appointed by the board;
570	570	and
571	571	(6) seven chief juvenile probation officers appointed
572	572	by the board as provided by Subsection (b).
573	573	(b) The board shall appoint to the advisory council one
574	574	chief juvenile probation officer from each regional chiefs
575	575	association in this state from a list of nominees submitted to the
576	576	board by each regional chiefs association. To the greatest extent
577	577	practicable, a regional chiefs association shall include in its
578	578	list of nominees:
579	579	(1) one chief juvenile probation officer of a juvenile
580	580	probation department serving a county with a population that
581	581	includes fewer than 7,500 persons younger than 18 years of age;
582	582	(2) one chief juvenile probation officer of a juvenile
583	583	probation department serving a county with a population that
584	584	includes at least 7,500 but fewer than 20,000 persons younger than
585	585	18 years of age; and
586	586	(3) one chief juvenile probation officer of a juvenile
587	587	probation department serving a county with a population that
588	588	includes 20,000 or more persons younger than 18 years of age.
589	589	(c) Advisory council members, other than ex officio
590	590	members, serve staggered two-year terms, with the terms of one-half
591	591	of the members, as nearly as practicable, expiring on February 1 of
592	592	each year.
593	593	(d) The advisory council shall report to the board any
594	594	determinations made under Subsection (e).
595	595	(e) The advisory council shall assist the department in:
596	596	(1) determining the needs and problems of county
597	597	juvenile boards and probation departments;
598	598	(2) conducting long-range strategic planning;
599	599	(3) reviewing and proposing revisions to existing or
600	600	newly proposed standards affecting juvenile probation programs,
601	601	services, or facilities;
602	602	(4) analyzing the potential cost impact on juvenile
603	603	probation departments of new standards proposed by the board; and
604	604	(5) advising the board on any other matter on the
605	605	request of the board.
606	606	(f) The advisory council is not subject to Chapter 2110,
607	607	Government Code.
608	608	Sec. 203.0082. FEES. If the General Appropriations Act
609	609	does not specify the amount of the fee, the board by rule may
610	610	establish fees that:
611	611	(1) are reasonable and necessary;
612	612	(2) produce revenue sufficient for the administration
613	613	of this chapter; and
614	614	(3) do not produce unnecessary revenue.
615	615	Sec. 203.009. PUBLIC INTEREST INFORMATION. The department
616	616	shall prepare information of public interest describing the
617	617	functions of the department and describing the procedures by which
618	618	complaints are filed with and resolved by the department. The
619	619	department shall make the information available to the public and
620	620	appropriate state agencies.
621	621	Sec. 203.010. COMPLAINTS. (a) The department shall
622	622	maintain a system to promptly and efficiently act on complaints
623	623	received by the department by or on behalf of a juvenile relating to
624	624	the programs, services, or facilities of the department or a local
625	625	juvenile probation department.
626	626	(b) The department shall make information available
627	627	describing its procedures for complaint investigation and
628	628	resolution.
629	629	(c) Criminal complaints initially referred to the office of
630	630	the inspector general relating to juvenile probation programs,
631	631	services, or facilities shall be sent to the appropriate local law
632	632	enforcement agency. Any other complaint shall be referred to the
633	633	appropriate division of the department. The board by rule shall
634	634	establish policies for the referral of noncriminal complaints.
635	635	(d) The department shall provide immediate notice to a local
636	636	juvenile probation department of a complaint received by the
637	637	department relating to the programs, services, or facilities of the
638	638	local juvenile probation department.
639	639	(e) The department shall periodically notify the complaint
640	640	parties of the status of the complaint until final disposition,
641	641	unless the notice would jeopardize an undercover investigation. If
642	642	the complaint relates to a claim of abuse, neglect, or exploitation
643	643	involving a local juvenile probation department, the department
644	644	shall provide monthly updates on the status of the complaint and
645	645	immediate updates regarding department decisions to the local
646	646	juvenile probation department.
647	647	(f) The department shall keep information about each
648	648	written complaint filed with the department. The information must
649	649	include:
650	650	(1) the subject matter of the complaint;
651	651	(2) the parties to the complaint;
652	652	(3) a summary of the results of the review or
653	653	investigation of the complaint;
654	654	(4) the period of time between the date the complaint
655	655	is received and the date the complaint is closed; and
656	656	(5) the disposition of the complaint.
657	657	Sec. 203.011. APPEALS FROM DECISION OF EXECUTIVE DIRECTOR.
658	658	A juvenile probation department that is aggrieved by a decision of
659	659	the executive director, including a decision relating to standards
660	660	affecting juvenile probation programs, services, or facilities,
661	661	may appeal the executive director's decision to the board. The
662	662	decision of the board is final and cannot be appealed.
663	663	Sec. 203.012. ANNUAL FINANCIAL REPORT. The department
664	664	shall prepare annually a complete and detailed written report
665	665	accounting for all funds received and disbursed by the department
666	666	during the preceding fiscal year. The annual report must meet the
667	667	reporting requirements applicable to financial reporting provided
668	668	in the General Appropriations Act.
669	669	Sec. 203.013. INTERNAL AUDIT; REPORT. (a) The department
670	670	shall regularly conduct internal audits of the department,
671	671	including audits of:
672	672	(1) facilities operated by and under contract with
673	673	the department; and
674	674	(2) medical services provided to children in the
675	675	custody of the department.
676	676	(b) The department shall on a quarterly basis report the
677	677	results of the audits to:
678	678	(1) the committees of the senate and house of
679	679	representatives with primary jurisdiction over matters concerning
680	680	correctional facilities; and
681	681	(2) the state auditor.
682	682	Sec. 203.014. TOLL-FREE NUMBER. (a) The department shall
683	683	establish a permanent, toll-free number for the purpose of
684	684	receiving any information concerning the abuse, neglect, or
685	685	exploitation of children in the custody of the department or housed
686	686	in a local probation facility.
687	687	(b) The department shall ensure that:
688	688	(1) the toll-free number is prominently displayed in
689	689	each department facility and each local probation facility;
690	690	(2) children in the custody of the department or
691	691	housed in a local probation facility and employees of the
692	692	department and the facility have confidential access to telephones
693	693	for the purpose of calling the toll-free number; and
694	694	(3) the toll-free number is in operation and answered
695	695	by staff 24 hours a day, every day of the year.
696	696	Sec. 203.015. PROGRAMS AND SERVICES EVALUATION SYSTEM. The
697	697	department shall establish and implement a system to evaluate the
698	698	effectiveness of county and state programs and services for youth.
699	699	SECTION 1.003. Title 12, Human Resources Code, as added by
700	700	this Act, is amended by adding Subtitle B, and a heading is added to
701	701	read as follows:
702	702	SUBTITLE B. PROBATION SERVICES; PROBATION FACILITIES
703	703	SECTION 1.004. Subchapters C, D, and E, Chapter 141, Human
704	704	Resources Code, are transferred to Subtitle B, Title 12, Human
705	705	Resources Code, as added by this Act, redesignated as Chapters 221,
706	706	222, and 223, respectively, and amended to read as follows:
707	707	CHAPTER 221. ASSISTANCE TO COUNTIES AND REGULATION OF JUVENILE
708	708	BOARDS AND JUVENILE PROBATION DEPARTMENTS
709	709	SUBCHAPTER A. GENERAL PROVISIONS [SUBCHAPTER C. POWERS AND
710	710	DUTIES OF COMMISSION]
711	711	Sec. 221.001 [141.041]. PROVISION OF PROBATION AND
712	712	DETENTION SERVICES. (a) The department [commission] shall assist
713	713	counties in providing probation and juvenile detention services by
714	714	encouraging the continued operation of county and multi-county
715	715	juvenile boards or probation offices.
716	716	(b) If a county discontinues the provision of juvenile
717	717	probation services, the department [commission] may directly
718	718	provide probation or detention services in the county.
719	719	Sec. 221.002 [141.042]. GENERAL RULES GOVERNING JUVENILE
720	720	BOARDS, PROBATION DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND
721	721	FACILITIES. (a) The board [commission] shall adopt reasonable
722	722	rules that provide:
723	723	(1) minimum standards for personnel, staffing, case
724	724	loads, programs, facilities, record keeping, equipment, and other
725	725	aspects of the operation of a juvenile board that are necessary to
726	726	provide adequate and effective probation services;
727	727	(2) a code of ethics for probation and detention
728	728	officers and for the enforcement of that code;
729	729	(3) appropriate educational, preservice and
730	730	in-service training, and certification standards for probation and
731	731	detention officers or court-supervised community-based program
732	732	personnel;
733	733	(4) subject to Subsection (d), minimum standards for
734	734	public and private juvenile pre-adjudication secure detention
735	735	facilities, public juvenile post-adjudication secure correctional
736	736	facilities that are operated under the authority of a juvenile
737	737	board or governmental unit, private juvenile post-adjudication
738	738	secure correctional facilities operated under a contract with a
739	739	governmental unit, except those facilities exempt from
740	740	certification by Section 42.052(g), and nonsecure correctional
741	741	facilities operated by or under contract with a governmental unit;
742	742	and
743	743	(5) minimum standards for juvenile justice
744	744	alternative education programs created under Section 37.011,
745	745	Education Code, in collaboration and conjunction with the Texas
746	746	Education Agency, or its designee.
747	747	(b) In adopting the rules, the board [commission] shall
748	748	consider local information and evidence gathered through public
749	749	review and comment.
750	750	(c) The department [commission] shall operate a statewide
751	751	registry for all public and private juvenile pre-adjudication
752	752	secure detention facilities and all public and private juvenile
753	753	post-adjudication secure correctional facilities [except a
754	754	facility operated or certified by the Texas Youth Commission].
755	755	(d) In adopting rules under Subsection (a)(4), the board
756	756	[commission] shall ensure that the minimum standards for facilities
757	757	described by Subsection (a)(4) are designed to ensure that
758	758	juveniles confined in those facilities are provided the rights,
759	759	benefits, responsibilities, and privileges to which a juvenile is
760	760	entitled under the United States Constitution, federal law, and the
761	761	constitution and laws of this state. The minimum standards must
762	762	include a humane physical and psychological environment, safe
763	763	conditions of confinement, protection from harm, adequate
764	764	rehabilitation and education, adequate medical and mental health
765	765	treatment, and due process of law.
766	766	(e) A juvenile board that does not accept state aid funding
767	767	from the department under Section 223.001 shall report to the
768	768	department each month on a form provided by the department the same
769	769	data as that required of counties accepting state aid funding
770	770	regarding juvenile justice activities under the jurisdiction of the
771	771	juvenile board. If the department makes available free software to
772	772	a juvenile board for the automation and tracking of juveniles under
773	773	the jurisdiction of the juvenile board, the department may require
774	774	the monthly report to be provided in an electronic format adopted by
775	775	rule by the board.
776	776	Sec. 221.003. RULES CONCERNING MENTAL HEALTH SCREENING
777	777	INSTRUMENT AND RISK AND NEEDS ASSESSMENT INSTRUMENT; ADMISSIBILITY
778	778	OF STATEMENTS. (a) The board by rule shall require juvenile [(e)
779	779	Juvenile] probation departments to [shall] use the mental health
780	780	screening instrument selected by the department [commission] for
781	781	the initial screening of children under the jurisdiction of
782	782	probation departments who have been formally referred to a juvenile
783	783	probation [the] department. The department [commission] shall give
784	784	priority to training in the use of this instrument in any preservice
785	785	or in-service training that the department [commission] provides
786	786	for probation officers. The rules adopted by the board under this
787	787	section must allow a [A] clinical assessment by a licensed mental
788	788	health professional to [may] be substituted for the mental health
789	789	screening instrument selected by the department [commission] if the
790	790	clinical assessment is performed in the time prescribed by the
791	791	department [commission].
792	792	(b) [(f)] A juvenile probation department must, before the
793	793	disposition of a child's case and using a validated risk and needs
794	794	assessment instrument or process provided or approved by the
795	795	department [commission], complete a risk and needs assessment for
796	796	each child under the jurisdiction of the juvenile probation
797	797	department.
798	798	(c) [(g)] Any statement made by a child and any mental
799	799	health data obtained from the child during the administration of
800	800	the mental health screening instrument under this section is not
801	801	admissible against the child at any other hearing. The person
802	802	administering the mental health screening instrument shall inform
803	803	the child that any statement made by the child and any mental health
804	804	data obtained from the child during the administration of the
805	805	instrument is not admissible against the child at any other
806	806	hearing.
807	807	(d) [(h) A juvenile board that does not accept state aid
808	808	funding from the commission under Section 141.081 shall report to
809	809	the commission each month on a form provided by the commission the
810	810	same data as that required of counties accepting state aid funding
811	811	regarding juvenile justice activities under the jurisdiction of the
812	812	juvenile board. If the commission makes available free software to
813	813	the juvenile board for the automation and tracking of juveniles
814	814	under the jurisdiction of the juvenile board, the commission may
815	815	require the monthly report to be provided in an electronic format
816	816	adopted by the commission.
817	817	[(i)] A juvenile probation department shall report data
818	818	from the use of the screening instrument or clinical assessment
819	819	under Subsection (a) [(e)] and the risk and needs assessment under
820	820	Subsection (b) [(f)] to the department [commission] in the format
821	821	and at the time prescribed by the department [commission].
822	822	(e) [(j)] The board [commission] shall adopt rules to
823	823	ensure that youth in the juvenile justice system are assessed using
824	824	the screening instrument or clinical assessment under Subsection
825	825	(a) [(e)] and the risk and needs assessment under Subsection (b)
826	826	[(f)].
827	827	Sec. 221.004 [141.0421]. STANDARDS RELATING TO LOCAL
828	828	PROBATION DEPARTMENTS. (a) The board [commission] shall adopt
829	829	rules that provide:
830	830	(1) standards for the collection and reporting of
831	831	information about juvenile offenders by local probation
832	832	departments;
833	833	(2) performance measures to determine the
834	834	effectiveness of probation services provided by local probation
835	835	departments; and
836	836	(3) case management standards for all probation
837	837	services provided by local probation departments.
838	838	(b) The department [commission] shall monitor local
839	839	probation departments for compliance with the standards and
840	840	measures that the board [commission] adopts.
841	841	(c) The department [commission] shall provide technical
842	842	assistance to local probation departments to aid compliance with
843	843	the standards and measures that the board [commission] adopts.
844	844	Sec. 221.005 [141.043]. TRAINING AND ASSISTANCE TO LOCAL
845	845	AUTHORITIES. The department [commission] shall provide
846	846	educational training and technical assistance to counties,
847	847	juvenile boards, and probation offices to:
848	848	(1) promote compliance with the standards required
849	849	under this chapter; and
850	850	(2) assist the local authorities in improving the
851	851	operation of probation, parole, and detention services.
852	852	Sec. 221.006 [141.0431]. VIOLENCE PREVENTION AND CONFLICT
853	853	RESOLUTION TRAINING. The department [commission] shall:
854	854	(1) provide training on request to juvenile probation
855	855	departments and juvenile boards in violence prevention and conflict
856	856	resolution programs that include discussion of domestic violence
857	857	and child abuse issues; and
858	858	(2) encourage the inclusion of a violence prevention
859	859	and conflict resolution program as a condition of probation.
860	860	Sec. 221.007 [141.044]. JUVENILE BOARD RECORDS AND
861	861	REPORTS. Each juvenile board in the state shall:
862	862	(1) keep the financial, programmatic, and statistical
863	863	records the department [commission] considers necessary; and
864	864	(2) submit periodic financial, programmatic, and
865	865	statistical reports to the department [commission] as required by
866	866	the department [commission] and in the format specified by the
867	867	department [commission], including electronic submission.
868	868	Sec. 221.0071. CHARTER SCHOOL. (a) Notwithstanding any
869	869	other law and in addition to the number of charters allowed under
870	870	Subchapter D, Chapter 12, Education Code, the State Board of
871	871	Education may grant a charter on the application of a detention,
872	872	correctional, or residential facility established only for
873	873	juvenile offenders under Section 51.12, 51.125, or 51.126, Family
874	874	Code.
875	875	(b) If a local detention, correctional, or residential
876	876	facility described by Subsection (a) applies for a charter, the
877	877	facility must provide all educational opportunities and services,
878	878	including special education instruction and related services, that
879	879	a school district is required under state or federal law to provide
880	880	for students residing in the district through a charter school
881	881	operated in accordance with and subject to Subchapter D, Chapter
882	882	12, Education Code.
883	883	[Sec. 141.045. GIFTS AND GRANTS. (a) The commission may
884	884	apply for and accept gifts and grants from any public or private
885	885	source to use in maintaining and improving probation services in
886	886	the state.
887	887	[(b) The commission shall deposit money received under this
888	888	section in the state treasury. The commission may use the money
889	889	only to make payments of state aid under this chapter and to
890	890	administer this chapter.]
891	891	Sec. 221.008 [141.046]. INSPECTIONS AND AUDITS. (a) The
892	892	department [commission] may inspect and evaluate a juvenile board
893	893	and probation department and audit the juvenile board's [its]
894	894	financial, programmatic, and statistical records at reasonable
895	895	times to determine compliance with the board's [commission's]
896	896	rules.
897	897	(b) The department [commission] may inspect any program or
898	898	facility operated on behalf of and under the authority of the
899	899	juvenile board by the probation department, a governmental entity,
900	900	or private vendor.
901	901	[Sec. 141.0461. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER
902	902	OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this
903	903	section, "evidence" means any record, book, paper, document, data,
904	904	or other evidence maintained by electronic or other means.
905	905	[(b) The commission may issue a subpoena requiring the
906	906	attendance of a witness or the production of evidence that the
907	907	commission considers necessary for the investigation of:
908	908	[(1) abuse, neglect, or exploitation allegations;
909	909	[(2) complaints;
910	910	[(3) financial and programmatic audits of juvenile
911	911	probation programs services and facilities, including juvenile
912	912	justice alternative education programs; or
913	913	[(4) any matter under the authority of the commission.
914	914	[(c) The commission may issue a subpoena under Subsection
915	915	(b) only if the subpoena is signed by:
916	916	[(1) the chairman of the commission or, if the
917	917	chairman is unavailable, the vice-chairman of the commission; and
918	918	[(2) at least two other members of the commission,
919	919	including a member who is a judge.
920	920	[(d) Any peace officer, commission investigator, other
921	921	commission official, or person authorized under Article 24.01, Code
922	922	of Criminal Procedure, may serve the subpoena in the same manner
923	923	that similar process in a court of record having original
924	924	jurisdiction of criminal actions is served.
925	925	[(e) A subpoena under this section shall be served and
926	926	witness fees and mileage paid as in civil cases in the district
927	927	court in the county to which the witness is called, unless the
928	928	proceeding for which the service or payment is made is under Chapter
929	929	2001, Government Code, in which case the service or payment shall be
930	930	made as provided in that chapter. Witnesses subpoenaed at the
931	931	instance of the commission shall be paid their fees and mileage by
932	932	the commission out of funds appropriated for that purpose.
933	933	[(f) On application of the commission, a court of record
934	934	having original jurisdiction of criminal actions may compel the
935	935	attendance of a witness, the production of material, or the giving
936	936	of testimony before the commission, by an attachment for contempt
937	937	or in the same manner as the court may otherwise compel the
938	938	production of evidence.
939	939	[(g) The chairman or another member of the commission may
940	940	administer an oath to a witness in attendance before the commission
941	941	or before an authorized representative of the commission.
942	942	[(h) If a witness in attendance before the commission or
943	943	before an authorized representative refuses without reasonable
944	944	cause to be examined or answer a legal or pertinent question, or to
945	945	produce evidence when ordered by the commission, the commission may
946	946	apply to the district court for a rule or order returnable in not
947	947	less than two or in more than five days, directing the witness to
948	948	show cause before the judge why the witness should not be punished
949	949	for contempt. The commission may apply to the district court of any
950	950	county where the witness is in attendance, on proof by affidavit of
951	951	the fact, unless the order of contempt is sought under Chapter 2001,
952	952	Government Code, in which case the commission shall apply to a
953	953	district court of Travis County, as provided by that chapter. On
954	954	return of the order, the judge hearing the matter shall examine the
955	955	witness under oath and the witness shall be given an opportunity to
956	956	be heard. If the judge determines that the witness has refused,
957	957	without reasonable cause or legal excuse, to be examined or answer a
958	958	legal or pertinent question, or to produce evidence that the
959	959	witness was ordered to bring or produce, the judge may immediately
960	960	find the witness in contempt of court.
961	961	[(i) The commission shall be granted access at any
962	962	reasonable time to any evidence that is related to any matter the
963	963	commission or executive director considers necessary to administer
964	964	the commission's functions, powers, and duties.
965	965	[Sec. 141.047. INTERAGENCY COOPERATION. (a) To improve
966	966	probation services, the commission may cooperate and contract with:
967	967	[(1) the federal government;
968	968	[(2) governmental agencies in this state and other
969	969	states;
970	970	[(3) political subdivisions of the state; and
971	971	[(4) private agencies.
972	972	[(b) The director, the executive commissioner of the Texas
973	973	Youth Commission, and the commissioners of education, mental health
974	974	and mental retardation, and human services shall meet in Austin at
975	975	least quarterly to:
976	976	[(1) discuss mutual problems;
977	977	[(2) resolve conflicts in providing services to
978	978	juveniles; and
979	979	[(3) make recommendations to the governor and
980	980	legislature.
981	981	[Sec. 141.0471. COORDINATED STRATEGIC PLANNING COMMITTEE.
982	982	(a) The director and the executive director of the Texas Youth
983	983	Commission shall jointly appoint a strategic planning committee to
984	984	biennially develop a coordinated strategic plan which shall guide,
985	985	but not substitute for, the strategic plans developed individually
986	986	by the agencies. The director and the executive director of the
987	987	Texas Youth Commission are co-presiding officers of the strategic
988	988	planning committee.
989	989	[(b) The director shall appoint four members to the
990	990	strategic planning committee. The director shall appoint at least:
991	991	[(1) one committee member who represents the interests
992	992	of families of juvenile offenders;
993	993	[(2) one committee member who represents the interests
994	994	of local juvenile probation departments; and
995	995	[(3) one committee member who is a mental health
996	996	treatment professional licensed under Subtitle B or I, Title 3,
997	997	Occupations Code.
998	998	[(c) The executive director of the Texas Youth Commission
999	999	shall appoint four members to the strategic planning committee.
1000	1000	The executive director shall appoint at least:
1001	1001	[(1) one committee member who represents the interests
1002	1002	of juvenile offenders;
1003	1003	[(2) one committee member who represents the interests
1004	1004	of the victims of delinquent or criminal conduct; and
1005	1005	[(3) one committee member who is an educator as
1006	1006	defined by Section 5.001, Education Code.]
1007	1007	Sec. 221.009 [141.0472]. [COORDINATED] STRATEGIC PLAN;
1008	1008	ADOPTION OF PLAN. (a) The board shall develop a [coordinated]
1009	1009	strategic plan. The plan [developed by the strategic planning
1010	1010	committee under Section 141.0471] must:
1011	1011	(1) identify short-term and long-term policy goals;
1012	1012	(2) identify time frames and strategies for meeting
1013	1013	the goals identified under Subdivision (1);
1014	1014	(3) estimate population projections, including
1015	1015	projections of population characteristics;
1016	1016	(4) estimate short-term and long-term capacity,
1017	1017	programmatic, and funding needs;
1018	1018	(5) describe intensive service and surveillance
1019	1019	parole pilot programs to be [jointly] developed;
1020	1020	(6) include an evaluation of aftercare services
1021	1021	emphasizing concrete outcome measures, including recidivism and
1022	1022	educational progress;
1023	1023	(7) identify objective criteria for the various
1024	1024	decision points throughout the continuum of juvenile justice
1025	1025	services and sanctions to guard against disparate treatment of
1026	1026	minority youth;
1027	1027	(8) identify [cross-agency] outcome measures by which
1028	1028	to evaluate the effectiveness of services provided to youth in the
1029	1029	juvenile justice system [the system generally];
1030	1030	(9) include a plan of implementation for the
1031	1031	development of common data sources and data sharing among the
1032	1032	department [commission], juvenile probation departments, [the
1033	1033	Texas Youth Commission,] the Department of Family and Protective
1034	1034	Services, the Department of State Health Services, the Health and
1035	1035	Human Services Commission, the Texas Education Agency, and other
1036	1036	state agencies that serve youth in the juvenile justice system;
1037	1037	(10) include the development of new, or the
1038	1038	improvement of existing, validated risk assessment instruments;
1039	1039	(11) include strategies to determine which programs
1040	1040	are most effective in rehabilitating youth in the juvenile justice
1041	1041	system;
1042	1042	(12) include planning for effective aftercare
1043	1043	programs and services, including ensuring that youth in the
1044	1044	juvenile justice system have personal identification and
1045	1045	appropriate referrals to service providers; and
1046	1046	(13) track performance measures to illustrate the
1047	1047	costs of different levels of treatment and to identify the most
1048	1048	cost-effective programs in each component of the juvenile justice
1049	1049	system in this state.
1050	1050	(b) [In addition to the information described by Subsection
1051	1051	(a), the coordinated strategic plan must include specific processes
1052	1052	and procedures for routinely communicating juvenile justice system
1053	1053	information between the commission and the Texas Youth Commission
1054	1054	and determining opportunities to coordinate practices for
1055	1055	improving outcomes for youth.
1056	1056	[(c)] The board [governing boards of the commission and the
1057	1057	Texas Youth Commission] shall review and adopt the [coordinated]
1058	1058	strategic plan as provided by Section 2056.002, Government Code [on
1059	1059	or before December 1st of each odd-numbered year, or before the
1060	1060	adoption of the agency's individual strategic plan, whichever is
1061	1061	earlier].
1062	1062	[Sec. 141.048. STUDIES. (a) The commission may conduct or
1063	1063	participate in studies relating to corrections methods and systems
1064	1064	and to treatment and therapy programs at the governor's request or
1065	1065	on its own motion.
1066	1066	[(b) The commission shall continuously study the
1067	1067	effectiveness of probation services and shall report its findings
1068	1068	to the governor and the legislature before each regular legislative
1069	1069	session.
1070	1070	[Sec. 141.0486. REPORTING CONCERNING RESEARCH PROGRAMS OR
1071	1071	STUDIES. (a) The commission shall keep records relating to
1072	1072	children within the juvenile probation system that participate in
1073	1073	research programs or studies.
1074	1074	[(b) The records must show, for each calendar quarter and
1075	1075	for each calendar year:
1076	1076	[(1) the number of children participating in research
1077	1077	programs or studies for the appropriate reporting period;
1078	1078	[(2) the type of research program or study in which
1079	1079	each child is participating;
1080	1080	[(3) the name of the principal investigator conducting
1081	1081	the research program or study; and
1082	1082	[(4) the entity sponsoring the research program or
1083	1083	study.
1084	1084	[(c) The commission shall submit a report that contains the
1085	1085	information in the records kept under Subsection (b) on or before
1086	1086	the 15th day after the last day of the appropriate reporting period
1087	1087	to the:
1088	1088	[(1) governor;
1089	1089	[(2) lieutenant governor;
1090	1090	[(3) speaker of the house of representatives; and
1091	1091	[(4) members of the senate and house of
1092	1092	representatives.
1093	1093	[(d) A report submitted under this section is public
1094	1094	information under Chapter 552, Government Code.]
1095	1095	Sec. 221.010 [141.049]. COMPLAINTS RELATING TO JUVENILE
1096	1096	BOARDS. (a) The department [commission] shall maintain a system to
1097	1097	promptly and efficiently act on a complaint filed with the
1098	1098	department [commission] relating to a juvenile board funded by the
1099	1099	department [commission]. The department [commission] shall
1100	1100	maintain information about parties to the complaint, a summary of
1101	1101	the results of the review or investigation of the complaint, and the
1102	1102	disposition of the complaint.
1103	1103	(b) The department [commission] shall make information
1104	1104	available describing the department's [commission's] procedures
1105	1105	for the investigation and resolution of a complaint filed with the
1106	1106	department [commission] relating to a juvenile board funded by the
1107	1107	department [commission].
1108	1108	(c) The department [commission] shall investigate the
1109	1109	allegations in the complaint and make a determination of whether
1110	1110	there has been a violation of the department's [commission's] rules
1111	1111	relating to juvenile probation programs, services, or facilities.
1112	1112	(d) If a written complaint is filed with the department
1113	1113	[commission] relating to a juvenile board funded by the department
1114	1114	[commission], the department [commission] shall periodically
1115	1115	notify the complainant and the juvenile board of the status of the
1116	1116	complaint until final disposition, unless notice would jeopardize
1117	1117	an undercover investigation.
1118	1118	Sec. 221.011. INVESTIGATORS. (a) The department may
1119	1119	employ and commission investigators as peace officers for the
1120	1120	purpose of investigating allegations of abuse, neglect, and
1121	1121	exploitation in juvenile justice programs and facilities under
1122	1122	Section 261.405, Family Code.
1123	1123	(b) Peace officers employed and commissioned under
1124	1124	Subsection (a) must be certified by the Commission on Law
1125	1125	Enforcement Officer Standards and Education under Chapter 1701,
1126	1126	Occupations Code.
1127	1127	Sec. 221.012. ANNUAL REPORTS. (a) The department shall
1128	1128	report annually to the governor and the legislature on the
1129	1129	department's operations and the condition of probation services in
1130	1130	the state during the previous year. The report:
1131	1131	(1) may include recommendations; and
1132	1132	(2) must include:
1133	1133	(A) an evaluation of the effectiveness of the
1134	1134	community-based programs operated under Section 54.0401, Family
1135	1135	Code; and
1136	1136	(B) information comparing the cost of a child
1137	1137	participating in a program described by Paragraph (A) with the cost
1138	1138	of committing the child to the department.
1139	1139	(b) The department shall file annually with the governor,
1140	1140	the Legislative Budget Board, and the presiding officer of each
1141	1141	house of the legislature a complete and detailed written report
1142	1142	accounting for all funds received and disbursed by the department
1143	1143	during the preceding fiscal year. The annual report must be in the
1144	1144	form and be submitted by the time provided by the General
1145	1145	Appropriations Act.
1146	1146	SUBCHAPTER B. CONTRACT STANDARDS AND MONITORING
1147	1147	Sec. 221.051 [141.050]. CONTRACT STANDARDS. (a) In each
1148	1148	contract with counties for local probation services, the department
1149	1149	[commission] shall include:
1150	1150	(1) clearly defined contract goals, outputs, and
1151	1151	measurable outcomes that relate directly to program objectives;
1152	1152	(2) clearly defined sanctions or penalties for failure
1153	1153	to comply with or perform contract terms or conditions; and
1154	1154	(3) clearly specified accounting, reporting, and
1155	1155	auditing requirements applicable to money received under the
1156	1156	contract.
1157	1157	(b) The department [commission] shall require each local
1158	1158	juvenile probation department:
1159	1159	(1) to include the provisions of Subsection (a) in its
1160	1160	contracts with private service providers that involve the use of
1161	1161	state funds; and
1162	1162	(2) to use data relating to the performance of private
1163	1163	service providers in prior contracts as a factor in selecting
1164	1164	providers to receive contracts.
1165	1165	(c) The department [commission] shall consider the past
1166	1166	performance of a juvenile board when contracting with the juvenile
1167	1167	board for local probation services other than basic probation
1168	1168	services. In addition to the contract standards described by
1169	1169	Subsection (a), a contract with a juvenile board for probation
1170	1170	services other than basic probation services must:
1171	1171	(1) include specific performance targets for the
1172	1172	juvenile board based on the juvenile board's historic performance
1173	1173	of the services; and
1174	1174	(2) require a juvenile board to report on the juvenile
1175	1175	board's success in meeting the performance targets described by
1176	1176	Subdivision (1).
1177	1177	Sec. 221.052 [141.051]. CONTRACT MONITORING. The
1178	1178	department [commission] shall establish a formal program to monitor
1179	1179	contracts under Section 221.051 [141.050] made by the department
1180	1180	[commission]. The department [commission] must:
1181	1181	(1) monitor compliance with financial and performance
1182	1182	requirements using a risk assessment methodology; and
1183	1183	(2) obtain and evaluate program cost information to
1184	1184	ensure that each cost, including an administrative cost, is
1185	1185	reasonable and necessary to achieve program objectives.
1186	1186	[Sec. 141.052. MEDICAID BENEFITS. The commission shall:
1187	1187	[(1) identify areas in which federal Medicaid program
1188	1188	benefits could be used in a manner that is cost-effective for
1189	1189	children in the juvenile justice system;
1190	1190	[(2) develop a program to encourage application for
1191	1191	and receipt of Medicaid benefits;
1192	1192	[(3) provide technical assistance to counties
1193	1193	relating to eligibility for Medicaid benefits; and
1194	1194	[(4) monitor the extent to which counties make use of
1195	1195	Medicaid benefits.
1196	1196	[Sec. 141.053. ACCESSIBILITY TO PROGRAMS AND FACILITIES.
1197	1197	The commission shall comply with federal and state laws relating to
1198	1198	program and facility accessibility. The executive director shall
1199	1199	also prepare and maintain a written plan that describes how a person
1200	1200	who does not speak English can be provided reasonable access to the
1201	1201	commission's programs and services.]
1202	1202	Sec. 221.053 [141.054]. CONTRACTS FOR OUT-OF-STATE
1203	1203	JUVENILE INMATES. (a) The only entities other than the state
1204	1204	authorized to operate a correctional facility to house in this
1205	1205	state juvenile inmates convicted of offenses committed against the
1206	1206	laws of another state of the United States are:
1207	1207	(1) a county or municipality; and
1208	1208	(2) a private vendor operating a correctional facility
1209	1209	under a contract with a county or municipality.
1210	1210	(b) The board [commission] shall develop rules, procedures,
1211	1211	and minimum standards applicable to county or private correctional
1212	1212	facilities housing out-of-state juvenile inmates. A contract made
1213	1213	under Subsection (a) [of this section] shall require the county,
1214	1214	municipality, or private vendor to operate the facility in
1215	1215	compliance with minimum standards adopted by the board
1216	1216	[commission].
1217	1217	[Sec. 141.055. INVESTIGATORS. (a) The commission may
1218	1218	employ and commission investigators as peace officers for the
1219	1219	purpose of investigating allegations of abuse, neglect, and
1220	1220	exploitation in juvenile justice programs and facilities under
1221	1221	Section 261.405, Family Code.
1222	1222	[(b) Peace officers employed and commissioned under
1223	1223	Subsection (a) must be certified by the Commission on Law
1224	1224	Enforcement Officer Standards and Education under Chapter 1701,
1225	1225	Occupations Code.
1226	1226	[Sec. 141.056. STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
1227	1227	SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a) The
1228	1228	director shall establish a committee to evaluate alternatives to
1229	1229	the juvenile justice system, such as government programs,
1230	1230	faith-based programs, and programs offered by nonprofit
1231	1231	organizations, for children who are accused of engaging in acts of
1232	1232	prostitution.
1233	1233	[(b) The director shall determine the size of the committee.
1234	1234	The committee must be composed of:
1235	1235	[(1) members of the Texas Juvenile Probation
1236	1236	Commission, the Texas Youth Commission, and other relevant state
1237	1237	agencies as determined by the director;
1238	1238	[(2) members of the legislature;
1239	1239	[(3) members of nongovernmental organizations that
1240	1240	provide programs and services to combat and prevent trafficking of
1241	1241	persons as described by Section 20A.02, Penal Code, in this state,
1242	1242	including the following with respect to that trafficking:
1243	1243	[(A) programs to promote public awareness;
1244	1244	[(B) programs to identify and provide services to
1245	1245	victims;
1246	1246	[(C) legal services; and
1247	1247	[(D) community outreach and training programs;
1248	1248	and
1249	1249	[(4) other juvenile justice experts.
1250	1250	[(c) Not later than January 1, 2011, the committee shall
1251	1251	prepare and deliver to each member of the legislature a report that
1252	1252	includes the results of the study and recommendations for
1253	1253	alternatives to the juvenile justice system for children who are
1254	1254	accused of engaging in acts of prostitution.
1255	1255	[(d) This section expires June 1, 2011.]
1256	1256	Sec. 221.054 [141.057]. DATA COLLECTION. (a) The
1257	1257	department [commission] shall collect comprehensive data
1258	1258	concerning the outcomes of local probation programs throughout the
1259	1259	state.
1260	1260	(b) Data collected under Subsection (a) must include:
1261	1261	(1) a description of the types of programs and
1262	1262	services offered by a juvenile probation department, including a
1263	1263	description of the components of each program or service offered;
1264	1264	and
1265	1265	(2) to the extent possible, the rate at which
1266	1266	juveniles who enter or complete juvenile probation are later
1267	1267	committed to the custody of the state.
1268	1268	Sec. 221.055 [141.058]. QUARTERLY REPORT ON ABUSE,
1269	1269	NEGLECT, AND EXPLOITATION. (a) The department [On January 1, 2010,
1270	1270	and quarterly after that date, the commission] shall prepare and
1271	1271	deliver a quarterly report to the board concerning the final
1272	1272	outcome of any complaint received under Section 261.405, Family
1273	1273	Code, that concerns the abuse, neglect, or exploitation of a
1274	1274	juvenile. The report must include a summary of the actions
1275	1275	performed by the department [commission] and any applicable
1276	1276	juvenile board or juvenile probation department in resolving the
1277	1277	complaint.
1278	1278	(b) A report prepared under Subsection (a) is public
1279	1279	information under Chapter 552, Government Code, only to the extent
1280	1280	authorized by that chapter.
1281	1281	Sec. 221.056 [141.059]. RESIDENTIAL TREATMENT FACILITY.
1282	1282	(a) The department [commission] may contract with a local mental
1283	1283	health and mental retardation authority [that, on April 1, 2009,
1284	1284	had an unutilized or underutilized residential treatment
1285	1285	facility,] for the establishment of a residential treatment
1286	1286	facility for juveniles with mental illness or emotional injury who,
1287	1287	as a condition of juvenile probation, are ordered by a court to
1288	1288	reside at the facility and receive education services at the
1289	1289	facility. The department [commission] may work in cooperation with
1290	1290	the local mental health and mental retardation authority to provide
1291	1291	mental health residential treatment services for juveniles
1292	1292	residing at a facility established under this section.
1293	1293	(b) A residential treatment facility established under this
1294	1294	section must provide juveniles receiving treatment at the facility:
1295	1295	(1) a short-term program of mental health
1296	1296	stabilization that does not exceed 150 days in duration; and
1297	1297	(2) all educational opportunities and services,
1298	1298	including special education instruction and related services, that
1299	1299	a school district is required under state or federal law to provide
1300	1300	for students residing in the district through a charter school
1301	1301	operated in accordance with and subject to Subchapter D, Chapter
1302	1302	12, Education Code.
1303	1303	(c) If a residential treatment facility established under
1304	1304	this section is unable to provide adequate and sufficient
1305	1305	educational opportunities and services to juveniles residing at the
1306	1306	facility, the facility may not continue to operate beyond the end of
1307	1307	the school year in which the opportunities or services provided by
1308	1308	the facility are determined to be inadequate or insufficient.
1309	1309	(d) Notwithstanding any other law and in addition to the
1310	1310	number of charters allowed under Subchapter D, Chapter 12,
1311	1311	Education Code, the State Board of Education shall grant a charter
1312	1312	on the application of a residential treatment facility established
1313	1313	under this section for a school chartered for the purposes of this
1314	1314	section.
1315	1315	CHAPTER 222. STANDARDS FOR AND REGULATION OF [SUBCHAPTER D.
1316	1316	PROVISIONS RELATING TO] CERTAIN OFFICERS AND EMPLOYEES
1317	1317	SUBCHAPTER A. STANDARDS FOR AND GENERAL REGULATION OF OFFICERS
1318	1318	Sec. 222.001 [141.061]. MINIMUM STANDARDS FOR PROBATION
1319	1319	OFFICERS. (a) To be eligible for appointment as a probation
1320	1320	officer, a person who was not employed as a probation officer before
1321	1321	September 1, 1981, must:
1322	1322	(1) be of good moral character;
1323	1323	(2) have acquired a bachelor's degree conferred by a
1324	1324	college or university accredited by an accrediting organization
1325	1325	recognized by the Texas Higher Education Coordinating Board;
1326	1326	(3) have either:
1327	1327	(A) one year of graduate study in criminology,
1328	1328	corrections, counseling, law, social work, psychology, sociology,
1329	1329	or other field of instruction approved by the department
1330	1330	[commission]; or
1331	1331	(B) one year of experience in full-time case
1332	1332	work, counseling, or community or group work:
1333	1333	(i) in a social service, community,
1334	1334	corrections, or juvenile agency that deals with offenders or
1335	1335	disadvantaged persons; and
1336	1336	(ii) that the department [commission]
1337	1337	determines provides the kind of experience necessary to meet this
1338	1338	requirement;
1339	1339	(4) have satisfactorily completed the course of
1340	1340	preservice training or instruction and any continuing education
1341	1341	required by the department [commission];
1342	1342	(5) have passed the tests or examinations required by
1343	1343	the department [commission]; and
1344	1344	(6) possess the level of certification required by the
1345	1345	department [commission].
1346	1346	(b) The board [commission] by rule may authorize the waiver
1347	1347	of the requirement of a year of graduate study or full-time
1348	1348	employment experience if the authority responsible for employing
1349	1349	the officer establishes to the satisfaction of the department
1350	1350	[commission] that, after a diligent search, the authority cannot
1351	1351	locate a person meeting that requirement to fill a job opening.
1352	1352	(c) The board [commission] by rule may authorize the
1353	1353	temporary employment of a person who has not completed a course of
1354	1354	preservice training, passed the examination, or attained the
1355	1355	required level of certification, contingent on the person meeting
1356	1356	those requirements within the time specified by the board
1357	1357	[commission].
1358	1358	(d) A person must possess the level of training, experience,
1359	1359	and certification required by the department [commission] to be
1360	1360	eligible for employment in a probation office in a position
1361	1361	supervising other probation officers. The department [commission]
1362	1362	may require several levels of certification to reflect increasing
1363	1363	levels of responsibility. A department [commission] rule relating
1364	1364	to levels of certification does not affect the continued employment
1365	1365	of a probation officer in a supervisory position if the person holds
1366	1366	that position on the date on which the rule takes effect.
1367	1367	(e) The department [commission] may waive any certification
1368	1368	requirement, except a fee requirement, for an applicant who has a
1369	1369	valid certification from another state that has certification
1370	1370	requirements that are substantially equivalent to the requirements
1371	1371	in this state.
1372	1372	(f) The department [commission] may waive the degree
1373	1373	accreditation requirement in Subsection (a)(2) if the applicant
1374	1374	possesses a foreign or other degree that the department
1375	1375	[commission] determines is the substantial equivalent of a
1376	1376	bachelor's degree. The board [commission] shall adopt rules
1377	1377	defining the procedures to be used to request a waiver of the
1378	1378	accreditation requirement in Subsection (a)(2).
1379	1379	Sec. 222.002 [141.0611]. MINIMUM STANDARDS FOR DETENTION
1380	1380	OFFICERS. To be eligible for appointment as a detention officer, a
1381	1381	person who was not employed as a detention officer before September
1382	1382	1, 2005, must:
1383	1383	(1) be of good moral character;
1384	1384	(2) be at least 21 years of age;
1385	1385	(3) have acquired a high school diploma or its
1386	1386	equivalent;
1387	1387	(4) have satisfactorily completed the course of
1388	1388	preservice training or instruction required by the department
1389	1389	[commission];
1390	1390	(5) have passed the tests or examinations required by
1391	1391	the department [commission]; and
1392	1392	(6) possess the level of certification required by the
1393	1393	department [commission].
1394	1394	Sec. 222.003 [141.0612]. MINIMUM STANDARDS FOR CERTAIN
1395	1395	EMPLOYEES OF NONSECURE CORRECTIONAL FACILITIES. (a) The board
1396	1396	[commission] by rule shall adopt certification standards for
1397	1397	persons who are employed in nonsecure correctional facilities that
1398	1398	accept only juveniles who are on probation and that are operated by
1399	1399	or under contract with a governmental unit, as defined by Section
1400	1400	101.001, Civil Practice and Remedies Code.
1401	1401	(b) The certification standards adopted under Subsection
1402	1402	(a) must be substantially similar to the certification requirements
1403	1403	for detention officers under Section 222.002 [141.0611].
1404	1404	Sec. 222.004. PERSONS WHO MAY NOT ACT AS CHIEF
1405	1405	ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a) A
1406	1406	peace officer, prosecuting attorney, or other person who is
1407	1407	employed by or who reports directly to a law enforcement or
1408	1408	prosecution official may not act as a chief administrative,
1409	1409	juvenile probation, or detention officer or be made responsible for
1410	1410	supervising a juvenile on probation.
1411	1411	(b) For purposes of this section, a chief administrative
1412	1412	officer, regardless of title, is the person who is:
1413	1413	(1) hired or appointed by or under contract with the
1414	1414	juvenile board; and
1415	1415	(2) responsible for the oversight of the operations of
1416	1416	the juvenile probation department or any juvenile justice program
1417	1417	operated by or under the authority of the juvenile board.
1418	1418	Sec. 222.005. CARRYING OF FIREARM BY CERTAIN OFFICERS
1419	1419	PROHIBITED. (a) A juvenile probation, detention, or corrections
1420	1420	officer may not carry a firearm in the course of the person's
1421	1421	official duties.
1422	1422	(b) This section does not apply to:
1423	1423	(1) an employee of the department; or
1424	1424	(2) a juvenile probation officer authorized to carry a
1425	1425	firearm under Section 142.006.
1426	1426	Sec. 222.006. PROBATION OFFICER: COUNTY EMPLOYEE. A
1427	1427	juvenile probation officer whose jurisdiction covers only one
1428	1428	county is considered to be an employee of that county.
1429	1429	SUBCHAPTER B. CERTIFICATION AND EXAMINATION
1430	1430	Sec. 222.051 [141.062]. NOTICE OF CERTIFICATION
1431	1431	EXAMINATION RESULTS. (a) Except as provided by Subsection (b) [of
1432	1432	this section], the department [commission] shall notify each person
1433	1433	taking a certification examination of the results of the
1434	1434	examination not later than the 30th day after the date on which the
1435	1435	examination is administered.
1436	1436	(b) The department [commission] shall notify a person
1437	1437	taking an examination graded or reviewed by a national testing
1438	1438	service of the results not later than the 14th day after the date on
1439	1439	which the department [commission] receives the results from the
1440	1440	testing service.
1441	1441	(c) If the notice of the examination results graded or
1442	1442	reviewed by a national testing service will be delayed for longer
1443	1443	than 90 days after the examination date, the department
1444	1444	[commission] shall notify the person of the reason for the delay
1445	1445	before that 90th day.
1446	1446	Sec. 222.052 [141.063]. ANALYSIS OF EXAMINATION
1447	1447	PERFORMANCE. The department [commission] shall furnish a person
1448	1448	who fails a certification test administered under this chapter with
1449	1449	an analysis of the person's performance on the examination if the
1450	1450	person requests the analysis in writing.
1451	1451	Sec. 222.053 [141.064]. REVOCATION OR SUSPENSION OF
1452	1452	CERTIFICATION. (a) The department [commission] may revoke or
1453	1453	suspend a certification, or reprimand a certified officer:
1454	1454	(1) for a violation of this chapter or a department
1455	1455	[commission] rule; or
1456	1456	(2) if, under Subsection (c), a panel determines that
1457	1457	continued certification of the person threatens juveniles in the
1458	1458	juvenile justice system.
1459	1459	(b) The department [commission] may place on probation a
1460	1460	person whose certification is suspended. If the suspension is
1461	1461	probated, the department [commission] may require the person to:
1462	1462	(1) report regularly to the department [commission] on
1463	1463	matters that are the basis of the probation; and
1464	1464	(2) continue or review professional education until
1465	1465	the person attains a degree of skill satisfactory to the department
1466	1466	[commission] in those areas that are the basis of the probation.
1467	1467	(c) The executive director may convene, in person or
1468	1468	telephonically, a panel of three board [commission] members to
1469	1469	determine if a person's continued certification threatens
1470	1470	juveniles in the juvenile justice system. If the panel determines
1471	1471	that the person's continued certification threatens juveniles in
1472	1472	the juvenile justice system, the person's license is temporarily
1473	1473	suspended until an administrative hearing is held as soon as
1474	1474	possible under Subsection (d). The executive director may convene
1475	1475	a panel under this subsection only if the danger posed by the
1476	1476	person's continued certification is imminent. The panel may hold a
1477	1477	telephonic meeting only if immediate action is required and
1478	1478	convening the panel at one location is inconvenient for any member
1479	1479	of the panel.
1480	1480	(d) A person is entitled to a hearing before the State
1481	1481	Office of Administrative Hearings if the department [commission]
1482	1482	proposes to suspend or revoke the person's certification.
1483	1483	(e) A person may appeal a ruling or order issued under this
1484	1484	section to a district court in the county in which the person
1485	1485	resides or in Travis County. The standard of review is under the
1486	1486	substantial evidence rule.
1487	1487	[Sec. 141.065. PERSONS WHO MAY NOT ACT AS CHIEF
1488	1488	ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a) A
1489	1489	peace officer, prosecuting attorney, or other person who is
1490	1490	employed by or who reports directly to a law enforcement or
1491	1491	prosecution official may not act as a chief administrative,
1492	1492	juvenile probation, or detention officer or be made responsible for
1493	1493	supervising a juvenile on probation.
1494	1494	[(b) For purposes of this section, a chief administrative
1495	1495	officer, regardless of title, is the person who is:
1496	1496	[(1) hired or appointed by or under contract with the
1497	1497	juvenile board; and
1498	1498	[(2) responsible for the oversight of the operations
1499	1499	of the juvenile probation department or any juvenile justice
1500	1500	program operated by or under the authority of the juvenile board.
1501	1501	[Sec. 141.066. CARRYING OF FIREARM BY CERTAIN OFFICERS
1502	1502	PROHIBITED. (a) A juvenile probation, detention, or corrections
1503	1503	officer may not carry a firearm in the course of the person's
1504	1504	official duties.
1505	1505	[(b) This section does not apply to:
1506	1506	[(1) an employee of the Texas Youth Commission; or
1507	1507	[(2) a juvenile probation officer authorized to carry
1508	1508	a firearm under Section 142.006.
1509	1509	[Sec. 141.067. PROBATION OFFICER: COUNTY EMPLOYEE. A
1510	1510	juvenile probation officer whose jurisdiction covers only one
1511	1511	county is considered to be an employee of that county.]
1512	1512	CHAPTER 223 [SUBCHAPTER E]. STATE AID
1513	1513	Sec. 223.001 [141.081]. DETERMINATION OF AMOUNT OF STATE
1514	1514	AID. (a) The department [commission] shall annually allocate
1515	1515	funds for financial assistance to juvenile boards to provide
1516	1516	juvenile services according to current estimates of the number of
1517	1517	juveniles in each county and other factors the department
1518	1518	[commission] determines are appropriate.
1519	1519	(b) The legislature may appropriate the amount of state aid
1520	1520	necessary to supplement local funds to maintain and improve
1521	1521	statewide juvenile services that comply with department
1522	1522	[commission] standards.
1523	1523	(c) The department [commission] may set aside a portion of
1524	1524	the funds appropriated to the department [commission] for state aid
1525	1525	to fund programs designed to address special needs or projects of
1526	1526	local juvenile boards.
1527	1527	[(d) The commission by rule shall, not later than September
1528	1528	1, 2010, establish one or more basic probation services funding
1529	1529	formulas and one or more community corrections funding formulas.
1530	1530	The funding formulas established under this subsection must include
1531	1531	each grant for which the commission, on or before September 1, 2009,
1532	1532	established an allocation formula.]
1533	1533	Sec. 223.002 [141.082]. MAINTENANCE OF LOCAL FINANCIAL
1534	1534	SUPPORT. (a) To receive the full amount of state aid funds for
1535	1535	which a juvenile board may be eligible, a juvenile board must
1536	1536	demonstrate to the department's [commission's] satisfaction that
1537	1537	the amount of local or county funds budgeted for juvenile services
1538	1538	is at least equal to the amount spent, excluding construction and
1539	1539	capital outlay expenses, for those services in the 1994 county
1540	1540	fiscal year. The department [commission] may waive this
1541	1541	requirement only if the juvenile board demonstrates to the
1542	1542	department [commission] that unusual, catastrophic, or exceptional
1543	1543	circumstances existed during the relevant year to affect adversely
1544	1544	the level of county funding. If the required amount of local funding
1545	1545	is not budgeted and the department [commission] does not grant a
1546	1546	waiver, the department [commission] shall reduce the allocation of
1547	1547	state aid funds to the juvenile board by the amount equal to the
1548	1548	amount that the county funding is below the required funding.
1549	1549	(b) For purposes of Subsection (a), the [The] amount spent
1550	1550	on juvenile detention and correctional facilities is included in
1551	1551	determining the amount of local or county funds. The amount spent
1552	1552	for construction or renovation is not included.
1553	1553	(c) The department [commission] must be satisfied at the end
1554	1554	of each county fiscal year that the juvenile board actually spent
1555	1555	local or county funds for juvenile services in the amount
1556	1556	demonstrated to the department [commission] at the beginning of the
1557	1557	fiscal year.
1558	1558	(d) The department [commission] may require a rebate of
1559	1559	state aid, or [may] withhold state aid to which the juvenile board
1560	1560	would otherwise be entitled, as necessary to satisfy the
1561	1561	requirement that a juvenile board spend funds as demonstrated.
1562	1562	Sec. 223.003 [141.083]. SPECIAL RULES FOR MULTI-COUNTY
1563	1563	JURISDICTIONS. If necessary, the board [commission] by rule may
1564	1564	provide for:
1565	1565	(1) the payment of compensation, insurance,
1566	1566	retirement, fringe benefits, and related matters to a juvenile
1567	1567	probation officer whose jurisdiction covers more than one county;
1568	1568	(2) the centralization of administrative
1569	1569	responsibility associated with the state aid program in a county
1570	1570	included in a multi-county jurisdiction; and
1571	1571	(3) the application of Section 223.001 [141.081 of
1572	1572	this code] to a multi-county jurisdiction.
1573	1573	Sec. 223.004 [141.084]. PAYMENT OF STATE AID. (a) When the
1574	1574	department [commission] determines that a juvenile board complies
1575	1575	with the department's [commission's] standards, the department
1576	1576	[commission] shall submit to the comptroller a voucher for payment
1577	1577	to a juvenile board of the amount of state aid to which the board is
1578	1578	entitled.
1579	1579	(b) The juvenile board's fiscal officer shall deposit all
1580	1580	state aid received under this chapter in a special fund. The
1581	1581	juvenile board may use the funds solely to provide juvenile
1582	1582	probation services.
1583	1583	(c) A juvenile board receiving state aid under this chapter
1584	1584	is subject to audit by:
1585	1585	(1) the Legislative Budget Board;
1586	1586	(2) [,] the governor's budget, policy, and planning
1587	1587	office;
1588	1588	(3) [,] the state auditor; [,] and
1589	1589	(4) the comptroller.
1590	1590	(d) A juvenile board receiving state aid under this chapter
1591	1591	shall submit reports as required by the department [commission].
1592	1592	Sec. 223.005 [141.085]. REFUSAL, REDUCTION, OR SUSPENSION
1593	1593	OF STATE AID. (a) The department [commission] may refuse, reduce,
1594	1594	or suspend payment of state aid to:
1595	1595	(1) a juvenile board that fails to comply with the
1596	1596	department's [commission's] rules or fails to maintain local
1597	1597	financial support; or
1598	1598	(2) a county that fails to comply with the minimum
1599	1599	standards provided under Section 221.002(a)(4) [141.042(a)(4)].
1600	1600	(b) The department [commission] shall provide for notice
1601	1601	and a hearing in a case in which the department [it] refuses,
1602	1602	reduces, or suspends state aid.
1603	1603	Sec. 223.006 [141.086]. FUNDING AND CONSTRUCTION OF
1604	1604	POST-ADJUDICATION FACILITIES. (a) The department [commission] may
1605	1605	provide state aid to a county to acquire, construct, and equip
1606	1606	post-adjudication residential or day-treatment centers from money
1607	1607	appropriated for those purposes. The facilities may be used for
1608	1608	children who are placed on probation by a juvenile court under
1609	1609	Section 54.04, Family Code, as an alternative to commitment to the
1610	1610	facilities of the department [Texas Youth Commission].
1611	1611	(b) State funds provided to counties under Subsection (a)
1612	1612	must be matched by local funds equal to at least one-fourth of the
1613	1613	state funds.
1614	1614	(c) From money appropriated for construction of the
1615	1615	facilities described by Subsection (a), the department
1616	1616	[commission] shall contract with the Texas Department of Criminal
1617	1617	Justice for construction management services, including:
1618	1618	(1) evaluation of project plans and specifications;
1619	1619	and
1620	1620	(2) review and comment on the selection of architects
1621	1621	and engineers, change orders, and sufficiency of project
1622	1622	inspection.
1623	1623	(d) On completion of the review of project plans and
1624	1624	specifications under Subsection (c), the Texas Department of
1625	1625	Criminal Justice shall issue a comprehensive report that states in
1626	1626	detail the proposed cost of the project. The department
1627	1627	[commission] shall use the report in making a comparative
1628	1628	evaluation of proposed projects and shall give priority to the
1629	1629	projects the department [commission] finds are the most effective
1630	1630	and economical.
1631	1631	(e) The department [commission] may not award money for a
1632	1632	capital construction project for a facility under this section
1633	1633	unless the department [commission] receives from the commissioners
1634	1634	court of the county intending to use the facility a written
1635	1635	commitment that the commissioners court has reviewed and accepted
1636	1636	the conditions of the award. If more than one county intends to use
1637	1637	the facility, the department [commission] must receive from each
1638	1638	county a written commitment that the county will agree with the
1639	1639	other counties to an interlocal contract to operate the facility in
1640	1640	accordance with the conditions of the award.
1641	1641	(f) A county receiving state aid under this section shall
1642	1642	adhere to department [commission] standards for the construction
1643	1643	and operation of a post-adjudication secure residential facility.
1644	1644	(g) For a facility constructed under this section, not more
1645	1645	than 25 percent of the operating costs of the facility may be
1646	1646	reimbursed by the department [commission].
1647	1647	(h) It is the intent of the legislature to appropriate the
1648	1648	full amount of money authorized under Subsection (g).
1649	1649	(i) [The commission shall conduct an annual audit of the
1650	1650	operating costs for a fiscal year of a facility constructed under
1651	1651	this section for each fiscal year through fiscal year 1999. The
1652	1652	commission shall submit a report on the results of the audit to the
1653	1653	Legislative Budget Board and the governor not later than the 60th
1654	1654	day after the last day of the fiscal year covered by the audit.
1655	1655	[(j)] In this section, "operating costs" means the
1656	1656	operating costs of a facility at an 80-percent occupancy rate.
1657	1657	SECTION 1.005. Title 12, Human Resources Code, as added by
1658	1658	this Act, is amended by adding Subtitle C, and a heading is added to
1659	1659	read as follows:
1660	1660	SUBTITLE C. SECURE FACILITIES
1661	1661	SECTION 1.006. Subchapter G, Chapter 61, Human Resources
1662	1662	Code, is transferred to Subtitle C, Title 12, Human Resources Code,
1663	1663	as added by this Act, redesignated as Chapter 241, and amended to
1664	1664	read as follows:
1665	1665	CHAPTER 241. GENERAL [SUBCHAPTER G. MISCELLANEOUS] PROVISIONS
1666	1666	Sec. 241.001 [61.091]. COOPERATION OF OTHER AGENCIES. To
1667	1667	effectuate the purpose of this subtitle [chapter] and to make
1668	1668	maximum use of existing facilities and personnel, all departments
1669	1669	and agencies of the state and all officers and employees of the
1670	1670	state, when requested by the department [commission], shall
1671	1671	cooperate with the department [it] in all activities consistent
1672	1672	with their proper functions.
1673	1673	Sec. 241.0015 [61.0911]. [COORDINATED] STRATEGIC PLAN.
1674	1674	The department [Texas Youth Commission] shall biennially develop
1675	1675	[with the Texas Juvenile Probation Commission] a [coordinated]
1676	1676	strategic plan in the manner described by Section 221.009 [Sections
1677	1677	141.0471 and 141.0472].
1678	1678	Sec. 241.002 [61.092]. NO FORFEITURE OF CERTAIN CIVIL
1679	1679	RIGHTS. Commitment of a child to the custody of the department
1680	1680	[commission] does not disqualify the child in any future
1681	1681	examination, appointment, or application for public service under
1682	1682	the government of the state or of any political subdivision of the
1683	1683	state.
1684	1684	[Sec. 61.093. ESCAPE AND APPREHENSION. (a) If a child who
1685	1685	has been committed to the commission and placed by it in any
1686	1686	institution or facility has escaped or has been released under
1687	1687	supervision and broken the conditions of release:
1688	1688	[(1) a sheriff, deputy sheriff, constable, or police
1689	1689	officer may, without a warrant, arrest the child; or
1690	1690	[(2) a commission employee designated by the executive
1691	1691	commissioner may, without a warrant or other order, take the child
1692	1692	into the custody of the commission.
1693	1693	[(b) A child who is arrested or taken into custody under
1694	1694	Subsection (a) may be detained in any suitable place, including an
1695	1695	adult jail facility if the person is 17 years of age or older, until
1696	1696	the child is returned to the custody of the commission or
1697	1697	transported to a commission facility.
1698	1698	[(c) Notwithstanding Section 58.005, Family Code, the
1699	1699	commission may disseminate to the public the following information
1700	1700	relating to a child who has escaped from custody:
1701	1701	[(1) the child's name, including other names by which
1702	1702	the child is known;
1703	1703	[(2) the child's physical description, including sex,
1704	1704	weight, height, race, ethnicity, eye color, hair color, scars,
1705	1705	marks, and tattoos;
1706	1706	[(3) a photograph of the child; and
1707	1707	[(4) if necessary to protect the welfare of the
1708	1708	community, any other information that reveals dangerous
1709	1709	propensities of the child or expedites the apprehension of the
1710	1710	child.
1711	1711	[Sec. 61.0931. APPREHENSION SPECIALISTS. (a) The
1712	1712	commission may employ and commission apprehension specialists as
1713	1713	peace officers for the purpose of apprehending a child under
1714	1714	Section 61.093.
1715	1715	[(b) Peace officers employed and commissioned under
1716	1716	Subsection (a) must be certified by the Commission on Law
1717	1717	Enforcement Officer Standards and Education under Chapter 415,
1718	1718	Government Code.]
1719	1719	Sec. 241.003 [61.094]. YOUTH DEVELOPMENT COUNCIL FUND. The
1720	1720	youth development council fund exists in the treasury as a special
1721	1721	fund for the purposes provided by law.
1722	1722	Sec. 241.004 [61.095]. REQUEST FOR CERTAIN RECORDS. For
1723	1723	the purpose of offering a record as evidence in the punishment phase
1724	1724	of a criminal proceeding, a prosecuting attorney may obtain the
1725	1725	record of a defendant's adjudication that is admissible under
1726	1726	Section 3(a), Article 37.07, Code of Criminal Procedure, by
1727	1727	submitting a request for the record to the department [commission].
1728	1728	If the department [commission] has a record to which the
1729	1729	prosecuting attorney is entitled under this section, the department
1730	1730	[commission] shall furnish a copy of the record to the prosecuting
1731	1731	attorney. Otherwise, the department [commission] shall notify the
1732	1732	prosecuting attorney that the department [commission] does not have
1733	1733	a record to which the attorney is entitled under this section.
1734	1734	Sec. 241.005 [61.096]. LIABILITY OF VOLUNTEERS. (a)
1735	1735	Except as provided by Subsection (b), a volunteer is not liable for
1736	1736	damages arising from an act or omission that results in personal
1737	1737	injury, death, or property damage if the act or omission is:
1738	1738	(1) in the course and scope of the volunteer's duties
1739	1739	as a volunteer; and
1740	1740	(2) not intentional or grossly negligent.
1741	1741	(b) A volunteer is liable for personal injury, death, or
1742	1742	property damage proximately caused by an act or omission related to
1743	1743	the operation or use of any motor-driven equipment to the extent of
1744	1744	the greater of:
1745	1745	(1) the amount of financial responsibility required
1746	1746	for the motor-driven equipment, if any, under Chapter 601,
1747	1747	Transportation Code; or
1748	1748	(2) the amount of any liability insurance coverage
1749	1749	that applies to the act or omission.
1750	1750	(c) In this section, "volunteer" means an individual
1751	1751	rendering services for or on behalf of the department [commission]
1752	1752	who does not receive compensation in excess of reimbursement for
1753	1753	expenses incurred.
1754	1754	Sec. 241.006 [61.097]. APPLICATION OF LAW RELATING TO FREE
1755	1755	EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice
1756	1756	and Remedies Code, an ordinance, rule, order, decision, or practice
1757	1757	that applies to a person in the custody of a juvenile detention
1758	1758	facility or other correctional facility operated by or under a
1759	1759	contract with the department [commission], a county, or a juvenile
1760	1760	probation department is presumed to be in furtherance of a
1761	1761	compelling governmental interest and the least restrictive means of
1762	1762	furthering that interest. The presumption may be rebutted.
1763	1763	Sec. 241.007 [61.098]. CERTAIN CRIMES CONCERNING THE
1764	1764	DEPARTMENT [COMMISSION]. (a) In this section, "special
1765	1765	prosecution unit" means the special prosecution unit established
1766	1766	under Subchapter E, Chapter 41, Government Code.
1767	1767	(b) As appropriate, the district attorney, criminal
1768	1768	district attorney, or county attorney representing the state in
1769	1769	criminal matters before the district or inferior courts of the
1770	1770	county who would otherwise represent the state in the prosecution
1771	1771	of an offense or delinquent conduct concerning the department
1772	1772	[commission] and described by Article 104.003(a), Code of Criminal
1773	1773	Procedure, may request that the special prosecution unit prosecute,
1774	1774	or assist in the prosecution of, the offense or delinquent conduct.
1775	1775	(c) The office of inspector general operated under
1776	1776	Subchapter C, Chapter 242, shall on a quarterly basis prepare and
1777	1777	deliver to the board of directors of the special prosecution unit a
1778	1778	report concerning:
1779	1779	(1) any alleged criminal offense or delinquent conduct
1780	1780	concerning the department [commission] and described by Article
1781	1781	104.003(a), Code of Criminal Procedure, that occurred during the
1782	1782	preceding calendar quarter; and
1783	1783	(2) the disposition of any case involving a criminal
1784	1784	offense or delinquent conduct concerning the department
1785	1785	[commission] and described by Article 104.003(a), Code of Criminal
1786	1786	Procedure, that occurred during the preceding calendar quarter.
1787	1787	(d) Notwithstanding Subsection (c), the office of inspector
1788	1788	general shall immediately provide the special prosecution unit with
1789	1789	a report concerning an alleged criminal offense or delinquent
1790	1790	conduct concerning the department [commission] and described by
1791	1791	Article 104.003(a), Code of Criminal Procedure, if the chief
1792	1792	inspector general reasonably believes the offense or conduct is
1793	1793	particularly serious and egregious.
1794	1794	(e) The chief inspector general of the office of inspector
1795	1795	general, at the direction of the board of directors of the special
1796	1796	prosecution unit, shall notify the foreman of the appropriate grand
1797	1797	jury, in the manner provided by Article 20.09, Code of Criminal
1798	1798	Procedure, if:
1799	1799	(1) the chief inspector general receives credible
1800	1800	evidence of illegal or improper conduct by department [commission]
1801	1801	officers, employees, or contractors that the inspector general
1802	1802	reasonably believes jeopardizes the health, safety, and welfare of
1803	1803	children in the custody of the department [commission];
1804	1804	(2) the chief inspector general reasonably believes
1805	1805	the conduct:
1806	1806	(A) could constitute an offense under Article
1807	1807	104.003(a), Code of Criminal Procedure; and
1808	1808	(B) involves the alleged physical or sexual abuse
1809	1809	of a child in the custody of a department [commission] facility or
1810	1810	an investigation related to the alleged abuse; and
1811	1811	(3) the chief inspector general has reason to believe
1812	1812	that information concerning the conduct has not previously been
1813	1813	presented to the appropriate grand jury.
1814	1814	Sec. 241.008 [61.099]. DUTY TO FILE COMPLAINT WITH LAW
1815	1815	ENFORCEMENT AGENCY. If the executive director [commissioner] has
1816	1816	reasonable cause to believe that a child in the custody of the
1817	1817	department [commission] is the victim of a crime committed at a
1818	1818	department [commission] facility operated under this subtitle, the
1819	1819	executive director [commissioner] shall immediately file a
1820	1820	complaint with the appropriate law enforcement agency.
1821	1821	SECTION 1.007. Subchapters C, D, E, and F, Chapter 61, Human
1822	1822	Resources Code, are transferred to Subtitle C, Title 12, Human
1823	1823	Resources Code, as added by this Act, redesignated as Chapters 242,
1824	1824	243, 244, and 245, respectively, and amended to read as follows:
1825	1825	CHAPTER 242. OPERATION OF SECURE FACILITIES
1826	1826	SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS [SUBCHAPTER C.
1827	1827	POWERS AND DUTIES]
1828	1828	Sec. 242.001. STUDY OF TREATMENT METHODS; STATISTICAL
1829	1829	RECORDS. (a) The department shall conduct continuing inquiry into
1830	1830	the effectiveness of the treatment methods the department employs
1831	1831	in the reformation of children. To this end, the department shall
1832	1832	maintain a record of arrests and commitments of its wards
1833	1833	subsequent to their discharge from the jurisdiction of the
1834	1834	department and shall tabulate, analyze, and publish biennially the
1835	1835	data for use in evaluating the relative merits of treatment
1836	1836	methods.
1837	1837	(b) The department shall cooperate with courts and private
1838	1838	and public agencies in the collection of statistics and information
1839	1839	regarding juvenile delinquency, arrests made, complaints,
1840	1840	informations, and petitions filed, and the dispositions made of
1841	1841	them, and other information useful in determining the amount and
1842	1842	causes of juvenile delinquency in this state.
1843	1843	[Sec. 61.031. CONTINUING STUDY. The commission shall carry
1844	1844	on a continuing study of the problem of juvenile delinquency in this
1845	1845	state and shall seek to focus public attention on special solutions
1846	1846	to this problem.]
1847	1847	Sec. 242.002 [61.0315]. EVALUATION OF TREATMENT PROGRAMS;
1848	1848	AVAILABILITY. (a) The department [commission] shall annually
1849	1849	review the effectiveness of the department's [commission's]
1850	1850	programs for the rehabilitation and reestablishment in society of
1851	1851	children committed to the department [commission], including
1852	1852	programs for sex offenders, capital offenders, children who are
1853	1853	chemically dependent, emotionally disturbed children, and females.
1854	1854	(b) On or before December 31 of each year, the department
1855	1855	[commission] shall make a report on the effectiveness of the
1856	1856	programs to the Legislative Budget Board.
1857	1857	(c) The department [commission] shall offer or make
1858	1858	available programs described by Subsection (a) in an adequate
1859	1859	manner so that a child in the custody of the department [commission]
1860	1860	receives appropriate rehabilitation services recommended for the
1861	1861	child by the court committing the child to the department
1862	1862	[commission].
1863	1863	(d) If the department [commission] is unable to offer or
1864	1864	make available programs described by Subsection (a) in the manner
1865	1865	provided by Subsection (c), the department [commission] shall, not
1866	1866	later than January 10 of each odd-numbered year, provide the
1867	1867	standing committees of the senate and house of representatives with
1868	1868	primary jurisdiction over matters concerning correctional
1869	1869	facilities with a report explaining:
1870	1870	(1) which programs are not offered or are unavailable;
1871	1871	and
1872	1872	(2) the reason the programs are not offered or are
1873	1873	unavailable.
1874	1874	(e) The department [commission] shall periodically review,
1875	1875	document, and compare the accessibility and funding of treatment
1876	1876	programs provided to female children committed to the department
1877	1877	[commission] to the accessibility and funding of treatment provided
1878	1878	to male children committed to the department [commission].
1879	1879	[Sec. 61.032. ADMINISTRATION OF INSTITUTIONS. The
1880	1880	commission shall administer the training, diagnostic treatment,
1881	1881	and supervisory facilities and services of the state for children
1882	1882	committed to the commission and shall manage and direct all
1883	1883	institutions and training school facilities under the authority of
1884	1884	the commission.
1885	1885	[Sec. 61.033. ANNUAL FINANCIAL REPORT. The commission
1886	1886	shall prepare annually a complete and detailed written report
1887	1887	accounting for all funds received and disbursed by the commission
1888	1888	during the preceding fiscal year. The annual report must meet the
1889	1889	reporting requirements applicable to financial reporting provided
1890	1890	in the General Appropriations Act.
1891	1891	[Sec. 61.0331. INTERNAL AUDIT; REPORT. (a) The commission
1892	1892	shall regularly conduct internal audits of the commission,
1893	1893	including audits of:
1894	1894	[(1) correctional facilities operated by and under
1895	1895	contract with the commission; and
1896	1896	[(2) medical services provided to children in the
1897	1897	custody of the commission.
1898	1898	[(b) The commission shall on a quarterly basis report the
1899	1899	results of the audits to:
1900	1900	[(1) the committees of the senate and house of
1901	1901	representatives with primary jurisdiction over matters concerning
1902	1902	correctional facilities; and
1903	1903	[(2) the state auditor.]
1904	1904	Sec. 242.003 [61.034]. POLICIES AND RULES. (a) The board
1905	1905	[executive commissioner] is responsible for the review and approval
1906	1906	[adoption] of all policies and shall make rules appropriate to the
1907	1907	proper accomplishment of the department's [commission's]
1908	1908	functions. The board may delegate to the executive director the
1909	1909	board's responsibility for the adoption of certain policies as
1910	1910	appropriate for the proper accomplishment of the department's
1911	1911	functions relating to state-operated facilities and the
1912	1912	department's personnel.
1913	1913	(b) The board [executive commissioner] shall adopt rules
1914	1914	for the government of the schools, facilities, and programs under
1915	1915	the department's [commission's] authority under this subtitle and
1916	1916	shall see that the schools, facilities, and programs are conducted
1917	1917	according to law and to the board's [executive commissioner's]
1918	1918	rules.
1919	1919	(c) The purpose of the rules and of all education, work,
1920	1920	training, discipline, and recreation adopted under this section[,]
1921	1921	and of all other activities in the schools, facilities, and
1922	1922	programs is to restore and increase the self-respect and
1923	1923	self-reliance of the children [youth] under the authority of the
1924	1924	department [commission] and to qualify those children [them] for
1925	1925	good citizenship and honorable employment.
1926	1926	[Sec. 61.0345. MISSION STATEMENT. The commission shall
1927	1927	develop and adopt a statement regarding the role and mission of the
1928	1928	commission.]
1929	1929	Sec. 242.004 [61.035]. EMPLOYEES. (a) Within the limits
1930	1930	specified by legislative appropriation, the department
1931	1931	[commission] may employ and compensate personnel necessary to carry
1932	1932	out the department's [its] duties.
1933	1933	(b) Except as otherwise provided by this subchapter
1934	1934	[chapter], an employee of the department [commission] is employed
1935	1935	on an at-will basis.
1936	1936	(c) The department [commission] shall establish procedures
1937	1937	and practices governing:
1938	1938	(1) employment-related grievances submitted by
1939	1939	department [commission] employees; and
1940	1940	(2) disciplinary actions within the department
1941	1941	[commission], including a procedure allowing a department
1942	1942	[commission] employee to elect to participate in an independent
1943	1943	dismissal mediation if the employee is recommended for dismissal.
1944	1944	Sec. 242.005 [61.0351]. PROFESSIONAL INFORMATION FOR
1945	1945	ADVISORY BOARD MEMBERS AND EMPLOYEES. The executive director
1946	1946	[commissioner] shall provide to members of any applicable [the]
1947	1947	advisory board and to department [commission] employees, as often
1948	1948	as is necessary, information regarding qualifications [their
1949	1949	qualification] for office or employment under this chapter and
1950	1950	[their] responsibilities under applicable laws relating to
1951	1951	standards of conduct for state officers or employees.
1952	1952	[Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board shall
1953	1953	develop and implement policies that clearly separate the
1954	1954	policymaking responsibilities of the board and the management
1955	1955	responsibilities of the staff of the commission.]
1956	1956	Sec. 242.006 [61.0353]. INTRA-AGENCY CAREER LADDER
1957	1957	PROGRAM. The program shall require intra-agency posting of all
1958	1958	positions concurrently with any public postings.
1959	1959	Sec. 242.007 [61.0354]. JOB PERFORMANCE EVALUATIONS. The
1960	1960	executive director [commissioner] shall develop a system of annual
1961	1961	performance evaluations that are based on documented employee
1962	1962	performance. All merit pay for department [commission] employees
1963	1963	must be based on the system established under this section.
1964	1964	Sec. 242.008 [61.0355]. EQUAL EMPLOYMENT OPPORTUNITY
1965	1965	POLICY STATEMENT. (a) The executive director [commissioner] shall
1966	1966	prepare and maintain a written policy statement to assure
1967	1967	implementation of a program of equal employment opportunity under
1968	1968	which all personnel transactions are made without regard to race,
1969	1969	color, disability, sex, religion, age, or national origin. The
1970	1970	policy statement shall include:
1971	1971	(1) personnel policies, including policies relating
1972	1972	to recruitment, evaluation, selection, appointment, training, and
1973	1973	promotion of personnel that are in compliance with requirements of
1974	1974	Chapter 21, Labor Code;
1975	1975	(2) a comprehensive analysis of the department's
1976	1976	[commission's] work force that meets federal or state laws, rules,
1977	1977	and regulations and instructions promulgated directly from those
1978	1978	laws, rules, and regulations;
1979	1979	(3) procedures by which a determination can be made
1980	1980	about the extent of underuse in the department's [commission's]
1981	1981	work force of all persons of whom federal or state laws, rules, and
1982	1982	regulations and instructions promulgated directly from those laws,
1983	1983	rules, and regulations encourage a more equitable balance; and
1984	1984	(4) reasonable methods to appropriately address those
1985	1985	areas of underuse.
1986	1986	(b) A policy statement prepared under Subsection (a) must
1987	1987	cover an annual period, be updated annually, be reviewed by the
1988	1988	Texas Workforce Commission [on Human Rights] for compliance with
1989	1989	Subsection (a)(1), and be filed with the governor's office.
1990	1990	(c) The governor's office shall deliver a biennial report to
1991	1991	the legislature based on the information received under Subsection
1992	1992	(b). The report may be made separately or as a part of other
1993	1993	biennial reports made to the legislature.
1994	1994	Sec. 242.009 [61.0356]. JUVENILE CORRECTIONAL OFFICERS;
1995	1995	STAFFING. (a) In this section, "juvenile correctional officer"
1996	1996	means a department [an] employee whose primary duties include [duty
1997	1997	includes] the custodial supervision of children in the custody of
1998	1998	the department [commission].
1999	1999	(b) The department [commission] shall provide each juvenile
2000	2000	correctional officer employed by the department [commission] with
2001	2001	at least 300 hours of training, which must include on-the-job
2002	2002	training, before the officer independently commences the officer's
2003	2003	duties at the facility. The training must provide the officer with
2004	2004	information and instruction related to the officer's duties,
2005	2005	including information and instruction concerning:
2006	2006	(1) the juvenile justice system of this state,
2007	2007	including the juvenile correctional facility system;
2008	2008	(2) security procedures;
2009	2009	(3) the supervision of children committed to the
2010	2010	department [commission];
2011	2011	(4) signs of suicide risks and suicide precautions;
2012	2012	(5) signs and symptoms of the abuse, assault, neglect,
2013	2013	and exploitation of a child, including sexual abuse and sexual
2014	2014	assault, and the manner in which to report the abuse, assault,
2015	2015	neglect, or exploitation of a child;
2016	2016	(6) the neurological, physical, and psychological
2017	2017	development of adolescents;
2018	2018	(7) department [commission] rules and regulations,
2019	2019	including rules, regulations, and tactics concerning the use of
2020	2020	force;
2021	2021	(8) appropriate restraint techniques;
2022	2022	(9) the Prison Rape Elimination Act of 2003 (42 U.S.C.
2023	2023	Section 15601, et seq.);
2024	2024	(10) the rights and responsibilities of children in
2025	2025	the custody of the department [commission];
2026	2026	(11) interpersonal relationship skills;
2027	2027	(12) the social and cultural lifestyles of children in
2028	2028	the custody of the department [commission];
2029	2029	(13) first aid and cardiopulmonary resuscitation;
2030	2030	(14) counseling techniques;
2031	2031	(15) conflict resolution and dispute mediation,
2032	2032	including de-escalation techniques;
2033	2033	(16) behavior management;
2034	2034	(17) mental health issues; and
2035	2035	(18) employee rights, employment discrimination, and
2036	2036	sexual harassment.
2037	2037	(c) The department [commission] may employ part-time
2038	2038	juvenile correctional officers. A part-time juvenile correctional
2039	2039	officer is subject to the training requirements of this section.
2040	2040	(d) In each correctional facility operated by the
2041	2041	department [commission] that has a dormitory, including an open-bay
2042	2042	dormitory, the department [commission] must maintain a ratio of not
2043	2043	less than one juvenile correctional officer performing direct
2044	2044	supervisory duties for every 12 persons committed to the facility.
2045	2045	(e) The department [commission] shall consider the age of a
2046	2046	juvenile correctional officer or other department [commission]
2047	2047	employee who performs direct supervisory duties when determining
2048	2048	the placement of the officer or employee in a department
2049	2049	[commission] facility so that, to the extent practicable, an
2050	2050	officer or employee is not supervising a child who is not more than
2051	2051	three years younger than the officer or employee or is otherwise a
2052	2052	similar age to the officer or employee.
2053	2053	(f) The department [commission] shall rotate the assignment
2054	2054	of each juvenile correctional officer at an interval determined by
2055	2055	the department [commission] so that a juvenile correctional officer
2056	2056	is not assigned to the same station for an extended period of time.
2057	2057	(g) The department [commission] shall ensure that at least
2058	2058	one juvenile correctional officer is assigned to supervise in or
2059	2059	near a classroom or other location in which children receive
2060	2060	education services or training at the time the children are
2061	2061	receiving the education services or training.
2062	2062	(h) The board [commission] shall adopt rules necessary to
2063	2063	administer this section.
2064	2064	Sec. 242.010 [61.0357]. REQUIRED BACKGROUND AND CRIMINAL
2065	2065	HISTORY CHECKS. (a) In this section, "national[:
2066	2066	[(1) "Department" means the Department of Public
2067	2067	Safety.
2068	2068	[(2) "National] criminal history record information"
2069	2069	means criminal history record information obtained from the
2070	2070	Department of Public Safety [department] under Subchapter F,
2071	2071	Chapter 411, Government Code, and from the Federal Bureau of
2072	2072	Investigation under Section 411.087, Government Code.
2073	2073	(b) The executive director [commissioner] shall review the
2074	2074	national criminal history record information, state criminal
2075	2075	history record information maintained by the Department of Public
2076	2076	Safety [department], and previous and current employment
2077	2077	references of each person who:
2078	2078	(1) is an employee, contractor, volunteer, ombudsman,
2079	2079	or advocate working for the department [commission] or working in a
2080	2080	department [commission] facility or a facility under contract with
2081	2081	the department [commission];
2082	2082	(2) provides direct delivery of services to children
2083	2083	in the custody of the department [commission]; or
2084	2084	(3) has access to records in department [commission]
2085	2085	facilities or offices.
2086	2086	(c) To enable the executive director [commissioner] to
2087	2087	conduct the review, the board [commission] shall adopt rules
2088	2088	requiring a person described by Subsection (b) to electronically
2089	2089	provide the Department of Public Safety [department] with a
2090	2090	complete set of the person's fingerprints in a form and of a quality
2091	2091	acceptable to the Department of Public Safety [department] and the
2092	2092	Federal Bureau of Investigation.
2093	2093	(d) For each person described by Subsection (b), the
2094	2094	executive director [commissioner] shall review on an annual basis
2095	2095	the person's national criminal history record information.
2096	2096	(e) The department [commission] shall ensure that the
2097	2097	system used to check state criminal history record information
2098	2098	maintained by the Department of Public Safety [department] is
2099	2099	capable of providing real time arrest information.
2100	2100	(f) The board [commission] by rule may require a person
2101	2101	described by Subsection (b) to pay a fee related to the first
2102	2102	national criminal history record information review conducted
2103	2103	under this section. The amount of the fee may not exceed the
2104	2104	administrative costs incurred by the department [commission] in
2105	2105	conducting the initial review, including the costs of obtaining the
2106	2106	person's fingerprints.
2107	2107	(g) The board [commission] shall adopt rules necessary to
2108	2108	administer this section.
2109	2109	Sec. 242.011. BIENNIAL BUDGET. The executive director
2110	2110	shall prepare a biennial budget of all funds necessary to be
2111	2111	appropriated by the legislature to the department to carry out the
2112	2112	purposes of this subtitle. The budget shall be submitted and filed
2113	2113	by the executive director in the form and manner and within the time
2114	2114	prescribed by law.
2115	2115	SUBCHAPTER B. SECURE FACILITIES; SERVICES
2116	2116	Sec. 242.051. ADMINISTRATION OF INSTITUTIONS; CHARGE OF
2117	2117	CHILDREN. (a) The department shall:
2118	2118	(1) administer the training, diagnostic treatment,
2119	2119	and supervisory facilities and services of the state for children
2120	2120	committed to the department; and
2121	2121	(2) manage and direct all institutions and training
2122	2122	school facilities under the authority of the department.
2123	2123	(b) The department shall have general charge of and be
2124	2124	responsible for the welfare, custody, and rehabilitation of the
2125	2125	children in a school, facility, or program operated or funded by the
2126	2126	department. The department shall seek to establish relationships
2127	2127	and to organize a way of life that will meet the spiritual, moral,
2128	2128	physical, emotional, intellectual, and social needs of the children
2129	2129	under the department's care as those needs would be met in an
2130	2130	adequate home.
2131	2131	(c) The department shall see that the buildings and premises
2132	2132	are kept in good sanitary condition.
2133	2133	Sec. 242.052. BUILDINGS AND IMPROVEMENTS. (a) The
2134	2134	department may design, construct, equip, furnish, and maintain
2135	2135	buildings and improvements at facilities under the department's
2136	2136	jurisdiction.
2137	2137	(b) The department may employ architects or engineers, or
2138	2138	both, to prepare plans and specifications and to supervise the
2139	2139	construction and improvements described by Subsection (a).
2140	2140	(c) The board shall promulgate rules relating to the award
2141	2141	of contracts for the construction of buildings and improvements.
2142	2142	The rules shall provide for the award of contracts for the
2143	2143	construction of buildings and improvements to the qualified bidder
2144	2144	making the lowest and best bid. A construction contract may not be
2145	2145	awarded for a sum in excess of the amount of funds available for the
2146	2146	project. The department may reject any and all bids submitted.
2147	2147	(d) If a project is financed wholly or partly by federal
2148	2148	funds, any standards required by the enabling federal statute or
2149	2149	required by the rules of the administering federal agency control
2150	2150	over this section.
2151	2151	(e) The department may employ professional, technical, and
2152	2152	clerical personnel to carry out the design and construction
2153	2153	functions required by this section.
2154	2154	[Sec. 61.036. COOPERATION WITH OTHER AGENCIES. (a) The
2155	2155	commission shall cooperate with all existing agencies and encourage
2156	2156	the establishment of new programs, both local and statewide, the
2157	2157	object of which is services to delinquent and predelinquent youth
2158	2158	of this state.
2159	2159	[(b) The commission may assist in developing,
2160	2160	strengthening, and coordinating educational, welfare, health,
2161	2161	recreational, and law-enforcement programs which have as their
2162	2162	object the prevention of juvenile delinquency and crime.]
2163	2163	Sec. 242.053 [61.037]. USE OF EXISTING INSTITUTIONS AND
2164	2164	AGENCIES. (a) In carrying out the department's [its] duties, the
2165	2165	department [commission] may make use of law-enforcement,
2166	2166	detention, supervisory, medical, educational, correctional, and
2167	2167	other facilities, institutions, and agencies in the state. This
2168	2168	section does not authorize the department [commission] to assume
2169	2169	control of any other agency, institution, or facility in the state,
2170	2170	or to require any agency, institution, or facility to serve the
2171	2171	department [commission] in a manner inconsistent with the [its]
2172	2172	authority or function of the agency, institution, or facility or
2173	2173	with any law or regulation governing the [its] activity of the
2174	2174	agency, institution, or facility.
2175	2175	(b) When funds are available for the purpose, the department
2176	2176	[commission] may enter into agreements with appropriate public or
2177	2177	private agencies for the separate care and treatment of persons
2178	2178	subject to the control of the department [commission]. The
2179	2179	department [commission] may not make use of any private institution
2180	2180	or agency without its consent. The department [commission] shall
2181	2181	make reasonable efforts to ensure that the expenditure of
2182	2182	appropriations for the purchase of contract residential care for
2183	2183	children, not including the purchase of care in foster family
2184	2184	homes, be allocated to providers on a fixed monthly basis if that
2185	2185	allocation [it] is cost-effective and the number, type, needs, and
2186	2186	conditions of the children to be served is reasonably constant.
2187	2187	(c) The department [commission] shall periodically inspect
2188	2188	all public and private institutions and agencies whose facilities
2189	2189	the department [it] is using. Every public and private institution
2190	2190	and agency shall allow [afford to] the department [commission]
2191	2191	reasonable opportunity to examine and consult with children who
2192	2192	have been committed to the department [commission] and who are in
2193	2193	the custody of the institution or agency.
2194	2194	(d) Placement of a child in, or the release of a child by,
2195	2195	any institution not operated by the department [commission] does
2196	2196	not terminate the authority of the department [commission] over the
2197	2197	child. No child placed in an institution or under an agency by the
2198	2198	department [commission] may be released by the institution or
2199	2199	agency without the approval of the department [commission].
2200	2200	Sec. 242.054 [61.038]. HALFWAY HOUSE PROGRAM. (a) The
2201	2201	department [commission] may not develop a halfway house to be
2202	2202	operated by the department [commission] if an appropriate private
2203	2203	halfway house program is contractually available and the costs
2204	2204	under the contract are less than the costs would be if the
2205	2205	department [commission] provided the services.
2206	2206	(b) Before the department [commission] contracts for the
2207	2207	development of a halfway house program, the department [commission]
2208	2208	shall send prospective service providers a request for a proposal
2209	2209	that identifies the program services desired, the population to be
2210	2210	served, and potential locations for the program. The department
2211	2211	[commission] shall select the service provider that submits the
2212	2212	proposal that best meets the department's [commission's] needs
2213	2213	according to standards established by the department [commission].
2214	2214	If the department [commission] does not receive a proposal that
2215	2215	meets its needs, the department [commission] may request funds from
2216	2216	the legislature for the development of a halfway house to be
2217	2217	operated by the department [commission].
2218	2218	(c) This section does not apply to halfway houses operated
2219	2219	by the department [commission] on September 1, 1987.
2220	2220	Sec. 242.055 [61.0385]. CRISIS INTERVENTION AND ASSESSMENT
2221	2221	CENTERS. The department [commission] may establish a children's
2222	2222	crisis intervention and assessment center at a facility owned or
2223	2223	operated by the department [commission]. The department
2224	2224	[commission] may contract with another entity for the provision or
2225	2225	use of services at the center.
2226	2226	Sec. 242.056 [61.0386]. ADVOCACY AND SUPPORT GROUPS. (a)
2227	2227	The department [commission] shall allow advocacy and support groups
2228	2228	whose primary functions are to benefit children, inmates, girls and
2229	2229	women, the mentally ill, or [and] victims of sexual assault to
2230	2230	provide on-site information, support, and other services for
2231	2231	children confined in department [commission] facilities.
2232	2232	(b) The department [commission] shall adopt security and
2233	2233	privacy procedures for advocacy and support groups that provide
2234	2234	on-site information, support, and other services under this
2235	2235	section. The security and privacy procedures may not be designed
2236	2236	to deny an advocacy or support group access to children confined in
2237	2237	department [commission] facilities.
2238	2238	(c) The department [commission] shall adopt standards
2239	2239	consistent with standards adopted by the Texas Department of
2240	2240	Criminal Justice regarding the confidential correspondence of
2241	2241	children confined in department [commission] facilities with
2242	2242	external entities, including advocacy and support groups.
2243	2243	Sec. 242.057 [61.039]. DEPARTMENT [COMMISSION] PROGRAMS.
2244	2244	(a) The department [commission] shall develop and use standards
2245	2245	based on performance to evaluate and compare programs operated by
2246	2246	the department [commission].
2247	2247	(b) When practicable and feasible, the department
2248	2248	[commission] shall provide specific performance standards for a
2249	2249	program serving 10 or more children through an agreement entered
2250	2250	into under Section 242.053 [61.037 of this chapter]. In the
2251	2251	performance standards, the department [commission] shall include
2252	2252	outcome measures for evaluating the quality of services provided
2253	2253	under the agreement.
2254	2254	(c) For the purposes of comparison, the department
2255	2255	[commission] shall use performance standards that are as consistent
2256	2256	as practicable with those used to evaluate and compare programs
2257	2257	operated by the department [commission], that measure the benefits
2258	2258	and cost-effectiveness of the respective programs, and that measure
2259	2259	the average length of stay and rate of recidivism of the children in
2260	2260	the program.
2261	2261	Sec. 242.058 [61.0395]. SERVICES FOR CHILDREN NOT
2262	2262	COMMITTED TO THE DEPARTMENT [COMMISSION]. The department
2263	2263	[commission] may provide services to a child not committed to the
2264	2264	department [commission] if the department [commission] contracts
2265	2265	with a local juvenile probation department, the Health and [Texas
2266	2266	Department of] Human Services Commission, or the Department of
2267	2267	Family and Protective [and Regulatory] Services to provide services
2268	2268	to the child.
2269	2269	Sec. 242.059 [61.040]. ADDITIONAL FACILITIES; PAROLE
2270	2270	SUPERVISION. When funds are available, the department [commission]
2271	2271	may:
2272	2272	(1) establish and operate places for detention and
2273	2273	diagnosis of children committed to it;
2274	2274	(2) establish and operate additional treatment and
2275	2275	training facilities, including forestry or parks-maintenance camps
2276	2276	and ranches, necessary to classify and treat children committed to
2277	2277	the department [commission] according to their needs;
2278	2278	(3) establish active parole supervision to aid
2279	2279	children given conditional release to find homes and employment and
2280	2280	to become reestablished in the community; and
2281	2281	(4) assist in establishing training facilities and
2282	2282	programs owned and operated by private individuals or organizations
2283	2283	which agree to provide services to children committed to the
2284	2284	department [commission], including programs for children needing
2285	2285	long-term residential care.
2286	2286	Sec. 242.060 [61.0401]. COMPUTATION OF DAILY COSTS OF
2287	2287	FACILITY. In computing the daily costs of a residential facility
2288	2288	operated by the department [commission], the department
2289	2289	[commission] shall use a standard method that is:
2290	2290	(1) consistent with methods used by other state
2291	2291	agencies; and
2292	2292	(2) [that is] designed to reflect the actual cost to
2293	2293	the state of operating the facility.
2294	2294	Sec. 242.061 [61.041. STUDY OF TREATMENT METHODS;
2295	2295	STATISTICAL RECORDS. (a) The commission shall conduct continuing
2296	2296	inquiry into the effectiveness of the treatment methods it employs
2297	2297	in the reformation of children. To this end, the commission shall
2298	2298	maintain a record of arrests and commitments of its wards
2299	2299	subsequent to their discharge from the jurisdiction of the
2300	2300	commission and shall tabulate, analyze, and publish biennially
2301	2301	these data for use in evaluating the relative merits of treatment
2302	2302	methods.
2303	2303	[(b) The commission shall cooperate with courts and private
2304	2304	and public agencies in the collection of statistics and information
2305	2305	regarding juvenile delinquency, arrests made, complaints,
2306	2306	informations, and petitions filed, and the dispositions made of
2307	2307	them, and other information useful in determining the amount and
2308	2308	causes of juvenile delinquency in this state.
2309	2309	[Sec. 61.042]. REFERRALS FROM FEDERAL COURT. The
2310	2310	department [commission] may enter into agreements with the federal
2311	2311	government to accept children from the federal court for an agreed
2312	2312	compensation.
2313	2313	Sec. 242.062 [61.0421. PUBLIC INTEREST INFORMATION. The
2314	2314	commission shall prepare information of public interest describing
2315	2315	the functions of the commission and describing the procedures by
2316	2316	which complaints are filed with and resolved by the commission. The
2317	2317	commission shall make the information available to the general
2318	2318	public and appropriate state agencies.
2319	2319	[Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
2320	2320	commission shall maintain a system to promptly and efficiently act
2321	2321	on a complaint filed with the commission by a person, other than a
2322	2322	child receiving services from the commission or the child's parent
2323	2323	or guardian, that the commission has authority to resolve. The
2324	2324	commission shall maintain information about parties to the
2325	2325	complaint, the subject matter of the complaint, a summary of the
2326	2326	results of the review or investigation of the complaint, and the
2327	2327	disposition of the complaint.
2328	2328	[(b) The commission shall make information available
2329	2329	describing the commission's procedures for complaint investigation
2330	2330	and resolution.
2331	2331	[(c) The commission shall periodically notify the complaint
2332	2332	parties of the status of the complaint until final disposition,
2333	2333	unless the notice would jeopardize an undercover investigation.
2334	2334	[(d) The commission shall keep information about each
2335	2335	written complaint filed with the commission by a child receiving
2336	2336	services from the commission or the child's parent or guardian. The
2337	2337	information must include:
2338	2338	[(1) the subject matter of the complaint;
2339	2339	[(2) a summary of the results of the review or
2340	2340	investigation of the complaint; and
2341	2341	[(3) the period of time between the date the complaint
2342	2342	is received and the date the complaint is closed.
2343	2343	[Sec. 61.0423. PUBLIC HEARINGS. (a) The board shall
2344	2344	develop and implement policies that provide the public with a
2345	2345	reasonable opportunity to appear before the board and to speak on
2346	2346	any issue under the jurisdiction of the commission.
2347	2347	[(b) The board shall ensure that the location of public
2348	2348	hearings held in accordance with this section is rotated between
2349	2349	municipalities in which a commission facility is located or that
2350	2350	are in proximity to a commission facility.
2351	2351	[Sec. 61.043. GIFTS; GRANTS. The commission may accept
2352	2352	gifts, grants, or donations of money or property from private
2353	2353	sources to effectuate the purpose of this chapter. Donated funds
2354	2354	shall be placed in the state treasury in a special fund called the
2355	2355	Texas Youth Commission Fund and expended as other state money is
2356	2356	expended, on warrants drawn by the comptroller on the order of the
2357	2357	commission. At the end of each state fiscal year, any unexpended
2358	2358	balance in the fund shall be carried over in the same fund.
2359	2359	[Sec. 61.0431]. SPECIAL ACCOUNTS. (a) Proceeds from the
2360	2360	operation of canteens and vending machines at facilities under the
2361	2361	jurisdiction of the department [commission] shall be deposited to
2362	2362	the credit of a special account in the General Revenue Fund called
2363	2363	the canteen revolving fund. The proceeds shall be used to pay the
2364	2364	actual expenses of maintaining and operating the canteens and
2365	2365	vending machines.
2366	2366	(b) Proceeds in excess of the amount required for the
2367	2367	[those] expenses described by Subsection (a), donations for student
2368	2368	activities, and proceeds from children's fundraising projects
2369	2369	shall be deposited to the credit of a special account in the General
2370	2370	Revenue Fund called the student benefit fund and may be used only
2371	2371	to:
2372	2372	(1) provide education, recreation, and entertainment
2373	2373	to children committed to the department [commission]; or
2374	2374	(2) reimburse children committed to the department
2375	2375	[commission] for personal property lost or damaged as a result of
2376	2376	negligence by the staff of the department [commission].
2377	2377	(c) [(b)] Proceeds from shop projects at the facilities
2378	2378	under the department's [commission's] jurisdiction shall be
2379	2379	deposited to the credit of a special account in the General Revenue
2380	2380	Fund called the vocational shop fund and may be used only to:
2381	2381	(1) purchase and maintain parts, tools, and other
2382	2382	supplies necessary for the shop projects; and
2383	2383	(2) [to] compensate the students who participate in
2384	2384	the projects.
2385	2385	(d) [(c)] Registration fees from seminars and conferences
2386	2386	conducted by the department [commission] shall be deposited to the
2387	2387	credit of a special account in the General Revenue Fund called the
2388	2388	conference account and may be used only to pay the costs of
2389	2389	conducting seminars and conferences.
2390	2390	(e) [(d)] Money in the special accounts described by this
2391	2391	section is appropriated for the purposes indicated in this section
2392	2392	and shall be expended on warrants drawn by the comptroller on the
2393	2393	order of the department [commission].
2394	2394	Sec. 242.063 [61.0432]. STUDENT TRUST FUND; CONTRABAND
2395	2395	MONEY. (a) Except as provided by Subsection (b), money belonging
2396	2396	to a child committed to the department [commission] in excess of the
2397	2397	amount the department [commission] allows in a child's possession
2398	2398	shall be deposited in a trust fund established by the facility
2399	2399	operated by the department [commission] to which the child is
2400	2400	assigned. The board [commission] shall adopt rules governing the
2401	2401	administration of the trust fund.
2402	2402	(b) Money possessed by a child committed to the department
2403	2403	[commission] that is determined to be contraband money as defined
2404	2404	by department [commission] rule shall be deposited in the student
2405	2405	benefit fund described by Section 242.062(b) [61.0431]. The
2406	2406	department [commission] shall notify each child committed to the
2407	2407	department [commission] that the possession of contraband money is
2408	2408	subject to confiscation by the department [commission] under this
2409	2409	subsection.
2410	2410	Sec. 242.064 [61.0433]. DEBIT CARD SUSPENSE ACCOUNTS. (a)
2411	2411	The department [commission] may establish debit card suspense
2412	2412	accounts necessary to operate magnetic debit card systems at
2413	2413	facilities under the jurisdiction of the department [commission] to
2414	2414	enable the students, employees, and visitors to make purchases of:
2415	2415	(1) merchandise from vending machines or canteens
2416	2416	within the facilities;
2417	2417	(2) meals from cafeterias within the facilities; and
2418	2418	(3) services that the facilities are authorized to
2419	2419	provide.
2420	2420	(b) Cash received from cash-to-card machines and amounts
2421	2421	electronically transferred for card use from the students' trust
2422	2422	fund accounts shall be deposited to debit card suspense accounts in
2423	2423	local depositories and held pending card purchases.
2424	2424	(c) Transfers of cash based on card use for purchases of
2425	2425	merchandise or services shall be made from the debit card suspense
2426	2426	accounts to the appropriate vendors and to accounts in the state
2427	2427	treasury in accordance with laws governing receipt of state
2428	2428	revenues.
2429	2429	(d) Unused debit card balances shall be refunded to the card
2430	2430	holders from the debit card suspense accounts.
2431	2431	Sec. 242.065 [61.044. BIENNIAL BUDGET. The executive
2432	2432	commissioner shall prepare a biennial budget of all funds necessary
2433	2433	to be appropriated by the legislature to the commission to carry out
2434	2434	the purposes of this chapter. The budget shall be submitted and
2435	2435	filed by the executive commissioner in the form and manner and
2436	2436	within the time prescribed by law.
2437	2437	[Sec. 61.045. OPERATIONS OF PROGRAMS AND FACILITIES. (a)
2438	2438	The commission shall have general charge of and be responsible for
2439	2439	the welfare, custody, and rehabilitation of the children in a
2440	2440	school, facility, or program operated or funded by the commission.
2441	2441	The commission shall seek to establish relationships and to
2442	2442	organize a way of life that will meet the spiritual, moral,
2443	2443	physical, emotional, intellectual, and social needs of the children
2444	2444	under its care as those needs would be met in an adequate home.
2445	2445	[(b) The commission shall see that the buildings and
2446	2446	premises are kept in good sanitary order.
2447	2447	[Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The office
2448	2448	of inspector general is established at the commission for the
2449	2449	purpose of investigating:
2450	2450	[(1) crimes committed by commission employees,
2451	2451	including parole officers employed by or under a contract with the
2452	2452	commission; and
2453	2453	[(2) crimes and delinquent conduct committed at a
2454	2454	facility operated by the commission, a residential facility
2455	2455	operated by another entity under a contract with the commission, or
2456	2456	any facility in which a child committed to the custody of the
2457	2457	commission is housed or receives medical or mental health
2458	2458	treatment.
2459	2459	[(b) The office of inspector general shall prepare and
2460	2460	deliver a report concerning the results of any investigation
2461	2461	conducted under this section to:
2462	2462	[(1) the executive commissioner;
2463	2463	[(2) the advisory board;
2464	2464	[(3) the governor;
2465	2465	[(4) the lieutenant governor;
2466	2466	[(5) the speaker of the house of representatives;
2467	2467	[(6) the standing committees of the senate and house
2468	2468	of representatives with primary jurisdiction over matters
2469	2469	concerning correctional facilities;
2470	2470	[(7) the special prosecution unit;
2471	2471	[(8) the state auditor; and
2472	2472	[(9) any other appropriate state agency responsible
2473	2473	for licensing or certifying commission employees or facilities.
2474	2474	[(c) The report prepared under Subsection (b) must include a
2475	2475	summary of the actions performed by the office of inspector general
2476	2476	in conducting the investigation, a statement of whether the
2477	2477	investigation resulted in a finding that a criminal offense or
2478	2478	delinquent conduct occurred, and a description of the finding. The
2479	2479	report is public information under Chapter 552, Government Code,
2480	2480	only to the extent authorized under that chapter and other law.
2481	2481	[(d) The office of inspector general may employ and
2482	2482	commission inspectors general as peace officers for the purpose of
2483	2483	carrying out the duties described by this section. An inspector
2484	2484	general shall have all of the powers and duties given to peace
2485	2485	officers under Article 2.13, Code of Criminal Procedure.
2486	2486	[(e) Peace officers employed and commissioned under
2487	2487	Subsection (d) must:
2488	2488	[(1) be certified by the Commission on Law Enforcement
2489	2489	Officer Standards and Education under Chapter 1701, Occupations
2490	2490	Code; and
2491	2491	[(2) complete advanced courses relating to the duties
2492	2492	of peace officers employed and commissioned under Subsection (d) as
2493	2493	part of any continuing education requirements for the peace
2494	2494	officers.
2495	2495	[(f) The executive commissioner shall select a commissioned
2496	2496	peace officer as chief inspector general. The chief inspector
2497	2497	general is subject to the requirements of this section and may only
2498	2498	be discharged for cause.
2499	2499	[(g) The chief inspector general shall on a quarterly basis
2500	2500	prepare and deliver a report concerning the operations of the
2501	2501	office of inspector general to:
2502	2502	[(1) the executive commissioner;
2503	2503	[(2) the advisory board;
2504	2504	[(3) the governor;
2505	2505	[(4) the lieutenant governor;
2506	2506	[(5) the speaker of the house of representatives;
2507	2507	[(6) the standing committees of the senate and house
2508	2508	of representatives with primary jurisdiction over correctional
2509	2509	facilities;
2510	2510	[(7) the state auditor; and
2511	2511	[(8) the comptroller.
2512	2512	[(h) A report prepared under Subsection (g) is public
2513	2513	information under Chapter 552, Government Code, to the extent
2514	2514	authorized under that chapter and other law, and the commission
2515	2515	shall publish the report on the commission's Internet website. A
2516	2516	report must be both aggregated and disaggregated by individual
2517	2517	facility and include information relating to:
2518	2518	[(1) the types of investigations conducted by the
2519	2519	office of inspector general, such as whether an investigation
2520	2520	concerned narcotics or an alleged incident of sexual abuse;
2521	2521	[(2) the relationship of a victim to a perpetrator, if
2522	2522	applicable; and
2523	2523	[(3) the number of investigations conducted
2524	2524	concerning suicides, deaths, and hospitalizations of children in
2525	2525	the custody of the commission.
2526	2526	[(i) The office of inspector general shall immediately
2527	2527	report to the executive director, the board, the governor's general
2528	2528	counsel, and the state auditor:
2529	2529	[(1) any particularly serious or flagrant problem
2530	2530	concerning the administration of a commission program or operation;
2531	2531	or
2532	2532	[(2) any interference by the executive director, an
2533	2533	employee of the commission, a facility described by Subsection
2534	2534	(a)(2), or an officer or employee of a facility described by
2535	2535	Subsection (a)(2) with an investigation conducted by the office.
2536	2536	[Sec. 61.0452. TOLL-FREE NUMBER. (a) The commission shall
2537	2537	establish a permanent, toll-free number for the purpose of
2538	2538	receiving any information concerning the abuse, neglect, or
2539	2539	exploitation of children in the custody of the commission.
2540	2540	[(b) The office of inspector general shall ensure that:
2541	2541	[(1) the toll-free number is prominently displayed in
2542	2542	each commission facility; and
2543	2543	[(2) children in the custody of the commission and
2544	2544	commission employees have confidential access to telephones for the
2545	2545	purpose of calling the toll-free number.
2546	2546	[Sec. 61.046]. RELIGIOUS TRAINING. The department
2547	2547	[commission] shall provide for the religious and spiritual training
2548	2548	of children in its custody according to the children's individual
2549	2549	choices.
2550	2550	Sec. 242.066 [61.0461]. EMPLOYMENT OR DESIGNATION OF
2551	2551	CHAPLAIN AT CERTAIN DEPARTMENT [COMMISSION] FACILITIES. The
2552	2552	department [commission] shall ensure that a chaplain is employed or
2553	2553	formally designated for each department [commission] correctional
2554	2554	facility that is an institution.
2555	2555	Sec. 242.067 [61.047]. VIOLENCE PREVENTION AND CONFLICT
2556	2556	RESOLUTION EDUCATION. The department [commission] shall provide
2557	2557	education in violence prevention and conflict resolution that
2558	2558	includes discussion of domestic violence and child abuse issues to
2559	2559	all children in its custody.
2560	2560	Sec. 242.068 [61.048. BUILDINGS AND IMPROVEMENTS. (a) The
2561	2561	commission may design, construct, equip, furnish, and maintain
2562	2562	buildings and improvements at facilities under its jurisdiction.
2563	2563	The commission may employ architects or engineers, or both, to
2564	2564	prepare plans and specifications and to supervise the construction
2565	2565	and improvements. The commission shall promulgate rules relating
2566	2566	to the award of contracts for the construction of buildings and
2567	2567	improvements. The rules shall provide for the award of contracts
2568	2568	for the construction of buildings and improvements to the qualified
2569	2569	bidder making the lowest and best bid. A construction contract may
2570	2570	not be awarded for a sum in excess of the amount of funds available
2571	2571	for the project. The commission may reject any and all bids
2572	2572	submitted.
2573	2573	[(b) If a project is financed in whole or in part by federal
2574	2574	funds, any standards required by the enabling federal statute or
2575	2575	required by the rules of the administering federal agency control
2576	2576	over this section.
2577	2577	[(c) The commission may employ professional, technical, and
2578	2578	clerical personnel to carry out the design and construction
2579	2579	functions required by this section.
2580	2580	[Sec. 61.050]. FIRE PROTECTION ACTIVITIES. (a) The
2581	2581	department [commission] may perform fire protection, fire
2582	2582	prevention, and fire suppression activities at department
2583	2583	[commission] facilities.
2584	2584	(b) The department [commission] may prescribe circumstances
2585	2585	under which, for the benefit of the public safety and welfare,
2586	2586	department [commission] employees using department [commission]
2587	2587	equipment may assist municipal or volunteer fire departments in the
2588	2588	performance of fire protection, fire prevention, or fire
2589	2589	suppression activities near department [commission] facilities.
2590	2590	Sec. 242.069 [61.051]. CLIENT SERVICE CONTRACT STANDARDS.
2591	2591	In each contract for the purchase of residential program-related
2592	2592	client services, the department [commission] shall include:
2593	2593	(1) clearly defined contract goals, outputs, and
2594	2594	measurable outcomes that relate directly to program objectives;
2595	2595	(2) clearly defined sanctions or penalties for failure
2596	2596	to comply with or perform contract terms or conditions; and
2597	2597	(3) clearly specified accounting, reporting, and
2598	2598	auditing requirements applicable to money received under the
2599	2599	contract.
2600	2600	Sec. 242.070 [61.052]. CONTRACT MONITORING. The
2601	2601	department [commission] shall establish a formal program to monitor
2602	2602	residential program-related client services contracts made by the
2603	2603	department [commission]. The department [commission] must:
2604	2604	(1) monitor compliance with financial and performance
2605	2605	requirements using a risk assessment methodology; and
2606	2606	(2) obtain and evaluate program cost information to
2607	2607	ensure that each cost, including an administrative cost, is
2608	2608	reasonable and necessary to achieve program objectives.
2609	2609	Sec. 242.071 [61.053. MEDICAID BENEFITS. The commission
2610	2610	shall apply for benefits under the federal Medicaid program if
2611	2611	application is cost effective in reducing health care costs
2612	2612	incurred by the commission.
2613	2613	[Sec. 61.054]. SALE OR LICENSE OF TREATMENT PROGRAMS. (a)
2614	2614	The department [commission] may sell or license to an individual or
2615	2615	a private or public entity the right to use a treatment program
2616	2616	developed by the department [commission].
2617	2617	(b) Proceeds from the sale or license of a treatment program
2618	2618	shall be deposited to the credit of the fund that provided the money
2619	2619	to finance the development of the treatment program.
2620	2620	(c) At the end of each fiscal year, any unexpended proceeds
2621	2621	from the sale or license of a treatment program shall be carried
2622	2622	over to the next fiscal year to the credit of the fund that provided
2623	2623	the money to finance the development of the treatment program.
2624	2624	SUBCHAPTER C. ABUSE OR CRIMES COMMITTED AT DEPARTMENT
2625	2625	FACILITIES OR BY DEPARTMENT EMPLOYEES
2626	2626	Sec. 242.101 [61.055]. ZERO-TOLERANCE POLICY. (a) The
2627	2627	department [commission] shall adopt and enforce a zero-tolerance
2628	2628	policy concerning the detection, prevention, and punishment of the
2629	2629	sexual abuse, including consensual sexual contact, of children in
2630	2630	the custody of the department [commission].
2631	2631	(b) The department [commission] shall establish standards
2632	2632	for reporting and collecting data on the sexual abuse of children in
2633	2633	the custody of the department [commission].
2634	2634	(c) The department [commission] shall establish a procedure
2635	2635	for children in the custody of the department [commission] and
2636	2636	department [commission] employees to report incidents of sexual
2637	2637	abuse involving a child in the custody of the department
2638	2638	[commission]. The procedure must designate a person employed at
2639	2639	the department [commission] facility in which the abuse is alleged
2640	2640	to have occurred as well as a person who is employed at the
2641	2641	department's [commission's] headquarters to whom a person may
2642	2642	report an incident of sexual abuse.
2643	2643	(d) The department [commission] shall prominently display
2644	2644	the following notice in the office of the chief administrator of
2645	2645	each department [commission] facility, the employees' break room of
2646	2646	each department [commission] facility, the cafeteria of each
2647	2647	department [commission] facility, and at least six additional
2648	2648	locations in each department [commission] facility:
2649	2649	THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
2650	2650	REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
2651	2651	A CHILD IN THE CUSTODY OF THE DEPARTMENT [COMMISSION]. ANY SUCH
2652	2652	VIOLATION MUST BE REPORTED TO __________.
2653	2653	Sec. 242.102. OFFICE OF INSPECTOR GENERAL. (a) The office
2654	2654	of inspector general is established at the department under the
2655	2655	direction of the board for the purpose of investigating:
2656	2656	(1) crimes committed by department employees,
2657	2657	including parole officers employed by or under a contract with the
2658	2658	department; and
2659	2659	(2) crimes and delinquent conduct committed at a
2660	2660	facility operated by the department, a residential facility
2661	2661	operated by another entity under a contract with the department, or
2662	2662	any facility in which a child committed to the custody of the
2663	2663	department is housed or receives medical or mental health
2664	2664	treatment.
2665	2665	(b) The office of inspector general shall prepare and
2666	2666	deliver a report concerning the results of any investigation
2667	2667	conducted under this section to:
2668	2668	(1) the board;
2669	2669	(2) the executive director;
2670	2670	(3) any applicable advisory board;
2671	2671	(4) the governor;
2672	2672	(5) the lieutenant governor;
2673	2673	(6) the speaker of the house of representatives;
2674	2674	(7) the standing committees of the senate and house of
2675	2675	representatives with primary jurisdiction over matters concerning
2676	2676	correctional facilities;
2677	2677	(8) the special prosecution unit;
2678	2678	(9) the state auditor; and
2679	2679	(10) any other appropriate state agency responsible
2680	2680	for licensing or certifying department employees or facilities.
2681	2681	(c) The report prepared under Subsection (b) must include a
2682	2682	summary of the actions performed by the office of inspector general
2683	2683	in conducting the investigation, a statement of whether the
2684	2684	investigation resulted in a finding that a criminal offense or
2685	2685	delinquent conduct occurred, and a description of the finding. The
2686	2686	report is public information under Chapter 552, Government Code,
2687	2687	only to the extent authorized under that chapter and other law.
2688	2688	(d) The office of inspector general may employ and
2689	2689	commission inspectors general as peace officers for the purpose of
2690	2690	carrying out the duties described by this section. An inspector
2691	2691	general shall have all of the powers and duties given to peace
2692	2692	officers under Article 2.13, Code of Criminal Procedure.
2693	2693	(e) Peace officers employed and commissioned under
2694	2694	Subsection (d) must:
2695	2695	(1) be certified by the Commission on Law Enforcement
2696	2696	Officer Standards and Education under Chapter 1701, Occupations
2697	2697	Code; and
2698	2698	(2) complete advanced courses relating to the duties
2699	2699	of peace officers employed and commissioned under Subsection (d) as
2700	2700	part of any continuing education requirements for the peace
2701	2701	officers.
2702	2702	(f) The board shall select a commissioned peace officer as
2703	2703	chief inspector general. The chief inspector general:
2704	2704	(1) operates directly under the authority of the
2705	2705	board;
2706	2706	(2) is subject to the requirements of this section;
2707	2707	and
2708	2708	(3) may only be discharged by the board for cause.
2709	2709	(g) The chief inspector general shall on a quarterly basis
2710	2710	prepare and deliver a report concerning the operations of the
2711	2711	office of inspector general to:
2712	2712	(1) the board;
2713	2713	(2) the executive director;
2714	2714	(3) any applicable advisory board;
2715	2715	(4) the governor;
2716	2716	(5) the lieutenant governor;
2717	2717	(6) the speaker of the house of representatives;
2718	2718	(7) the standing committees of the senate and house of
2719	2719	representatives with primary jurisdiction over correctional
2720	2720	facilities;
2721	2721	(8) the state auditor; and
2722	2722	(9) the comptroller.
2723	2723	(h) A report prepared under Subsection (g) is public
2724	2724	information under Chapter 552, Government Code, to the extent
2725	2725	authorized under that chapter and other law, and the department
2726	2726	shall publish the report on the department's Internet website. A
2727	2727	report must be both aggregated and disaggregated by individual
2728	2728	facility and include information relating to:
2729	2729	(1) the types of investigations conducted by the
2730	2730	office of inspector general, such as whether an investigation
2731	2731	concerned narcotics or an alleged incident of sexual abuse;
2732	2732	(2) the relationship of a victim to a perpetrator, if
2733	2733	applicable; and
2734	2734	(3) the number of investigations conducted concerning
2735	2735	suicides, deaths, and hospitalizations of children in the custody
2736	2736	of the department.
2737	2737	(i) The office of inspector general shall immediately
2738	2738	report to the board, the governor's general counsel, and the state
2739	2739	auditor:
2740	2740	(1) any particularly serious or flagrant problem
2741	2741	concerning the administration of a department program or operation;
2742	2742	or
2743	2743	(2) any interference by the executive director, an
2744	2744	employee of the department, a facility described by Subsection
2745	2745	(a)(2), or an officer or employee of a facility described by
2746	2746	Subsection (a)(2) with an investigation conducted by the office.
2747	2747	Sec. 242.103 [61.0455]. DETECTION AND MONITORING OF
2748	2748	CELLULAR TELEPHONES. (a) The department [commission] may own and
2749	2749	the office of the inspector general may possess, install, operate,
2750	2750	or monitor an electronic, mechanical, or other device, as defined
2751	2751	by Article 18.20, Code of Criminal Procedure.
2752	2752	(b) The inspector general shall designate in writing the
2753	2753	commissioned officers of the office of inspector general who are
2754	2754	authorized to possess, install, operate, and monitor electronic,
2755	2755	mechanical, or other devices for the department [commission].
2756	2756	(c) An investigative or law enforcement officer or other
2757	2757	person, on request of the office of inspector general, may assist
2758	2758	the office in the operation and monitoring of an interception of
2759	2759	wire, oral, or electronic communications if the investigative or
2760	2760	law enforcement officer or other person:
2761	2761	(1) is designated by the executive director
2762	2762	[commissioner] for that purpose; and
2763	2763	(2) acts in the presence and under the direction of a
2764	2764	commissioned officer of the inspector general.
2765	2765	CHAPTER 243 [SUBCHAPTER D]. ADMISSION AND COMMITMENT; ESCAPE
2766	2766	SUBCHAPTER A. ADMISSION AND COMMITMENT
2767	2767	Sec. 243.001 [61.061]. PLACEMENT IN DEPARTMENT
2768	2768	[COMMISSION] FACILITIES. (a) The department [commission] may not
2769	2769	assign a child younger than 15 years of age to the same correctional
2770	2770	facility dormitory as a person who is at least 17 years of age
2771	2771	unless the department [commission] determines that the placement is
2772	2772	necessary to ensure the safety of children in the custody of the
2773	2773	department [commission]. This subsection does not apply to a
2774	2774	dormitory that is used exclusively for short-term assessment and
2775	2775	orientation purposes.
2776	2776	(b) The board [commission] by rule shall adopt scheduling,
2777	2777	housing, and placement procedures for the purpose of protecting
2778	2778	vulnerable children in the custody of the department [commission].
2779	2779	The procedures must address the age, physical condition, and
2780	2780	treatment needs of a child as well as any other relevant factor.
2781	2781	(c) The department [commission] shall consider the
2782	2782	proximity of the residence of a child's family in determining the
2783	2783	appropriate department [commission] facility in which to place a
2784	2784	child.
2785	2785	Sec. 243.002 [61.062]. ESTABLISHMENT OF MINIMUM LENGTH OF
2786	2786	STAY. (a) The department [commission] shall establish a minimum
2787	2787	length of stay for each child committed to the department
2788	2788	[commission] without a determinate sentence.
2789	2789	(b) In establishing a minimum length of stay for a child,
2790	2790	the department [commission] shall consider:
2791	2791	(1) the nature of and seriousness of the conduct
2792	2792	engaged in by the child; and
2793	2793	(2) the danger the child poses to the community.
2794	2794	Sec. 243.003 [61.064]. CONVEYANCE OF CHILD TO DEPARTMENT
2795	2795	[COMMISSION]. (a) When a child is to be conveyed to a facility
2796	2796	designated by the department [commission], the juvenile court shall
2797	2797	assign an officer or other suitable person to accompany the child.
2798	2798	The person assigned to accompany a female must be a woman.
2799	2799	(b) The cost of conveying the child shall be paid by the
2800	2800	county from which the child is committed, except that[. However,]
2801	2801	no compensation shall be allowed other than [except] for the actual
2802	2802	and necessary expenses of the child and the person accompanying the
2803	2803	child.
2804	2804	Sec. 243.004 [61.065]. NOTIFICATION AND DUTY TO FURNISH
2805	2805	INFORMATION. (a) When a juvenile court commits a child to the
2806	2806	department [commission], the court shall forward to the department
2807	2807	[commission] a certified copy of the order of commitment.
2808	2808	(b) The court, the probation officer, the prosecuting and
2809	2809	police authorities, the school authorities, and other public
2810	2810	officials shall make available to the department [commission] all
2811	2811	pertinent information in their possession regarding the case.
2812	2812	(c) If requested by the department [commission], the
2813	2813	reports required by this section shall be made on forms furnished by
2814	2814	the department [commission] or according to an outline furnished by
2815	2815	the department [commission].
2816	2816	Sec. 243.005 [61.0651]. INFORMATION PROVIDED BY COMMITTING
2817	2817	COURT. In addition to the information provided under Section
2818	2818	243.004 [61.065], a court that commits a child to the department
2819	2819	[commission] shall provide the department [commission] with a copy
2820	2820	of the following documents:
2821	2821	(1) the petition and the adjudication and disposition
2822	2822	orders for the child, including the child's thumbprint;
2823	2823	(2) if the commitment is a result of revocation of
2824	2824	probation, a copy of the conditions of probation and the revocation
2825	2825	order;
2826	2826	(3) the social history report for the child;
2827	2827	(4) any psychological or psychiatric reports
2828	2828	concerning the child;
2829	2829	(5) the contact information sheet for the child's
2830	2830	parents or guardian;
2831	2831	(6) any law enforcement incident reports concerning
2832	2832	the offense for which the child is committed;
2833	2833	(7) any sex offender registration information
2834	2834	concerning the child;
2835	2835	(8) any juvenile probation department progress
2836	2836	reports concerning the child;
2837	2837	(9) any assessment documents concerning the child;
2838	2838	(10) the computerized referral and case history for
2839	2839	the child, including case disposition;
2840	2840	(11) the child's birth certificate;
2841	2841	(12) the child's social security number or social
2842	2842	security card, if available;
2843	2843	(13) the name, address, and telephone number of the
2844	2844	court administrator in the committing county;
2845	2845	(14) Title IV-E eligibility screening information for
2846	2846	the child, if available;
2847	2847	(15) the address in the committing county for
2848	2848	forwarding funds collected to which the committing county is
2849	2849	entitled;
2850	2850	(16) any of the child's school or immunization records
2851	2851	that the committing county possesses;
2852	2852	(17) any victim information concerning the case for
2853	2853	which the child is committed; and
2854	2854	(18) any of the child's pertinent medical records that
2855	2855	the committing court possesses.
2856	2856	Sec. 243.006 [61.066]. COMMITMENT RECORDS. A commitment to
2857	2857	the department [commission] may not be received in evidence or used
2858	2858	in any way in any proceedings in any court except in:
2859	2859	(1) subsequent proceedings under Title 3 of the Family
2860	2860	Code against the same child;
2861	2861	(2) imposing sentence in any criminal proceedings
2862	2862	against the same person; or
2863	2863	(3) subsequent civil commitment proceedings under
2864	2864	Chapter 841, Health and Safety Code, regarding the same person.
2865	2865	Sec. 243.007 [61.067]. INFORMATION PROVIDED TO COMMITTING
2866	2866	COURT. (a) If a court that commits a child to the department
2867	2867	[commission] requests, in the commitment order, that the department
2868	2868	[commission] keep the court informed of the progress the child is
2869	2869	making while committed to the department [commission], the
2870	2870	department [commission] shall provide the court with periodic
2871	2871	updates on the child's progress.
2872	2872	(b) A report provided under Subsection (a) may include any
2873	2873	information the department [commission] determines to be relevant
2874	2874	in evaluating the child's progress, including, as applicable,
2875	2875	information concerning the child's treatment, education, and
2876	2876	health.
2877	2877	(c) A report provided under this section may not include
2878	2878	information that is protected from disclosure under state or
2879	2879	federal law.
2880	2880	SUBCHAPTER B. ESCAPE AND VIOLATION OF RELEASE CONDITIONS
2881	2881	Sec. 243.051. APPREHENSION AFTER ESCAPE OR VIOLATION OF
2882	2882	RELEASE CONDITIONS. (a) If a child who has been committed to the
2883	2883	department and placed by the department in any institution or
2884	2884	facility has escaped or has been released under supervision and
2885	2885	broken the conditions of release:
2886	2886	(1) a sheriff, deputy sheriff, constable, or police
2887	2887	officer may, without a warrant, arrest the child; or
2888	2888	(2) a department employee designated by the executive
2889	2889	director may, without a warrant or other order, take the child into
2890	2890	the custody of the department.
2891	2891	(b) A child who is arrested or taken into custody under
2892	2892	Subsection (a) may be detained in any suitable place, including an
2893	2893	adult jail facility if the person is 17 years of age or older, until
2894	2894	the child is returned to the custody of the department or
2895	2895	transported to a department facility.
2896	2896	(c) Notwithstanding Section 58.005, Family Code, the
2897	2897	department may disseminate to the public the following information
2898	2898	relating to a child who has escaped from custody:
2899	2899	(1) the child's name, including other names by which
2900	2900	the child is known;
2901	2901	(2) the child's physical description, including sex,
2902	2902	weight, height, race, ethnicity, eye color, hair color, scars,
2903	2903	marks, and tattoos;
2904	2904	(3) a photograph of the child; and
2905	2905	(4) if necessary to protect the welfare of the
2906	2906	community, any other information that reveals dangerous
2907	2907	propensities of the child or expedites the apprehension of the
2908	2908	child.
2909	2909	Sec. 243.052. APPREHENSION SPECIALISTS. (a) The
2910	2910	department may employ and commission apprehension specialists as
2911	2911	peace officers for the purpose of apprehending a child under
2912	2912	Section 243.051.
2913	2913	(b) Peace officers employed and commissioned under
2914	2914	Subsection (a) must be certified by the Texas Commission on Law
2915	2915	Enforcement Officer Standards and Education under Chapter 1701,
2916	2916	Occupations Code.
2917	2917	CHAPTER 244 [SUBCHAPTER E]. CARE AND TREATMENT OF CHILDREN
2918	2918	SUBCHAPTER A. GENERAL CARE AND TREATMENT OF CHILDREN
2919	2919	Sec. 244.001 [61.071]. INITIAL EXAMINATION. (a) The
2920	2920	department [commission] shall examine and make a study of each
2921	2921	child committed to it as soon as possible after commitment. The
2922	2922	study shall be made according to rules established by the board
2923	2923	[commission] and shall include:
2924	2924	(1) long-term planning for the child; and
2925	2925	(2) consideration of the child's medical, substance
2926	2926	abuse, and treatment history, including the child's psychiatric
2927	2927	history and substance abuse history.
2928	2928	(b) For a child for whom a minimum length of stay is
2929	2929	established under Section 243.002 [61.062] of one year or longer,
2930	2930	the initial examination must include a comprehensive psychiatric
2931	2931	evaluation unless the department has received the results of a
2932	2932	comprehensive psychiatric evaluation of the child conducted not
2933	2933	more than 90 days before the date of the initial examination.
2934	2934	(c) The department [commission] shall administer
2935	2935	comprehensive psychological assessments to a child as part of the
2936	2936	child's initial examination, including assessments designed to
2937	2937	identify whether a child is in need of a psychiatric evaluation. If
2938	2938	the results of a child's psychological assessments indicate that
2939	2939	the child is in need of a psychiatric evaluation, the department
2940	2940	[commission] shall as soon as practicable conduct a psychiatric
2941	2941	evaluation of the child.
2942	2942	Sec. 244.002 [61.0711. HEALTH CARE DELIVERY SYSTEM. (a)
2943	2943	In providing medical care, behavioral health care, or
2944	2944	rehabilitation services, the commission shall integrate the
2945	2945	provision of those services in an integrated comprehensive delivery
2946	2946	system.
2947	2947	[(b) The delivery system may be used to deliver any medical,
2948	2948	behavioral health, or rehabilitation services provided to a child
2949	2949	in the custody of the commission, including:
2950	2950	[(1) health care;
2951	2951	[(2) dental care;
2952	2952	[(3) behavioral health care;
2953	2953	[(4) substance abuse treatment;
2954	2954	[(5) nutrition;
2955	2955	[(6) programming;
2956	2956	[(7) case management; and
2957	2957	[(8) general rehabilitation services, including
2958	2958	educational, spiritual, daily living, recreational, and security
2959	2959	services.
2960	2960	[Sec. 61.072]. REEXAMINATION. (a) The department
2961	2961	[commission] shall periodically reexamine each child under its
2962	2962	control, except those on release under supervision or in foster
2963	2963	homes, for the purpose of determining whether a rehabilitation plan
2964	2964	made by the department [commission] concerning the child should be
2965	2965	modified or continued.
2966	2966	(b) The reexamination [examination] must include a study of
2967	2967	all current circumstances of a child's personal and family
2968	2968	situation and an evaluation of the progress made by the child since
2969	2969	the child's last examination.
2970	2970	(c) The reexamination [examination] of a child may be made
2971	2971	as frequently as the department [commission] considers necessary,
2972	2972	but shall be made at intervals not exceeding six months.
2973	2973	Sec. 244.003 [61.073]. RECORDS OF EXAMINATIONS AND
2974	2974	TREATMENT. (a) The department [commission] shall keep written
2975	2975	records of all examinations and conclusions based on them and of all
2976	2976	orders concerning the disposition or treatment of each child
2977	2977	subject to its control.
2978	2978	(b) Except as provided by Section 243.051(c) [61.093(c)],
2979	2979	these records and all other information concerning a child,
2980	2980	including personally identifiable information, are not public and
2981	2981	are available only according to the provisions of Section 58.005,
2982	2982	Family Code, Section 244.051 [61.0731, Human Resources Code], and
2983	2983	Chapter 61, Code of Criminal Procedure.
2984	2984	Sec. 244.004 [61.0731. INFORMATION AVAILABLE TO CHILDREN,
2985	2985	PARENTS, AND OTHERS. (a) In the interest of achieving the purpose
2986	2986	of the commission and protecting the public, the commission may
2987	2987	disclose records and other information concerning a child to the
2988	2988	child and the child's parent or guardian only if disclosure would
2989	2989	not materially harm the treatment and rehabilitation of the child
2990	2990	and would not substantially decrease the likelihood of the
2991	2991	commission receiving information from the same or similar sources
2992	2992	in the future. Information concerning a person who is age 18 or
2993	2993	older may not be disclosed to the person's parent or guardian
2994	2994	without the person's consent.
2995	2995	[(b) The commission may disclose information regarding a
2996	2996	child's location and committing court to a person having a
2997	2997	legitimate need for the information.
2998	2998	[(c) The commission may disclose to a peace officer or law
2999	2999	enforcement agency images of children recorded by an electronic
3000	3000	recording device and incident reporting and investigation
3001	3001	documents containing the names of children if the information is
3002	3002	relevant to the investigation of a criminal offense alleged to have
3003	3003	occurred in a facility operated by or under contract with the
3004	3004	commission.
3005	3005	[(d) Notwithstanding Subsection (a), if the Department of
3006	3006	Family and Protective Services has been appointed managing
3007	3007	conservator for a child, the commission shall disclose records and
3008	3008	other information concerning the child to the department as
3009	3009	provided by department rules.
3010	3010	[Sec. 61.074]. FAILURE TO EXAMINE OR REEXAMINE. (a)
3011	3011	Failure of the department [commission] to examine or reexamine a
3012	3012	child as required by this subchapter [chapter] does not entitle the
3013	3013	child to be discharged from the control of the department
3014	3014	[commission], but the child may petition the committing court for
3015	3015	discharge.
3016	3016	(b) After due notice to the department [commission], the
3017	3017	committing court shall discharge the child from the control of the
3018	3018	department [commission] unless the department [commission]
3019	3019	satisfies the court that further control is necessary.
3020	3020	Sec. 244.005 [61.075]. DETERMINATION OF TREATMENT. When a
3021	3021	child has been committed to the department [commission], the
3022	3022	department [commission] may:
3023	3023	(1) permit the child liberty under supervision and on
3024	3024	conditions the department [it] believes conducive to acceptable
3025	3025	behavior;
3026	3026	(2) order the child's confinement under conditions the
3027	3027	department [it] believes best designed for the child's welfare and
3028	3028	the interests of the public;
3029	3029	(3) order reconfinement or renewed release as often as
3030	3030	conditions indicate to be desirable;
3031	3031	(4) revoke or modify any order of the department
3032	3032	[commission] affecting a child, except an order of final discharge,
3033	3033	as often as conditions indicate; or
3034	3034	(5) discharge the child from control when the
3035	3035	department [it] is satisfied that discharge will best serve the
3036	3036	child's welfare and the protection of the public.
3037	3037	Sec. 244.006 [61.0751. SUBPOENAS. (a) A hearings examiner
3038	3038	appointed by the commission may issue a subpoena requiring the
3039	3039	attendance of a witness or the production of any record, book,
3040	3040	paper, or document the hearings examiner considers necessary for a
3041	3041	determination of treatment under Section 61.075.
3042	3042	[(b) The hearings examiner may sign a subpoena and
3043	3043	administer an oath.
3044	3044	[(c) A peace officer, apprehension specialist, parole
3045	3045	officer, or other commission official may serve the subpoena in the
3046	3046	same manner as similar process in a court of record having original
3047	3047	jurisdiction of criminal actions is served.
3048	3048	[(d) A person who testifies falsely, fails to appear when
3049	3049	subpoenaed, or fails or refuses to produce material under the
3050	3050	subpoena is subject to the same orders and penalties to which a
3051	3051	person taking those actions before a court is subject.
3052	3052	[(e) On application of the commission, a court of record
3053	3053	having original jurisdiction of criminal actions may compel the
3054	3054	attendance of a witness, the production of material, or the giving
3055	3055	of testimony before the hearings examiner, by an attachment for
3056	3056	contempt or in the same manner as the court may otherwise compel the
3057	3057	production of evidence.
3058	3058	[Sec. 61.076]. TYPE OF TREATMENT PERMITTED. (a) As a
3059	3059	means of correcting the socially harmful tendencies of a child
3060	3060	committed to the department [it], the department [commission] may:
3061	3061	(1) require the child to participate in moral,
3062	3062	academic, vocational, physical, and correctional training and
3063	3063	activities;
3064	3064	(2) require the modes of life and conduct that seem
3065	3065	best adapted to fit the child for return to full liberty without
3066	3066	danger to the public;
3067	3067	(3) provide any medical or psychiatric treatment that
3068	3068	is necessary; and
3069	3069	(4) place physically fit children in
3070	3070	parks-maintenance camps, forestry camps, or ranches owned by the
3071	3071	state or the United States and require the performance of suitable
3072	3072	conservation and maintenance work.
3073	3073	(b) The dominant purpose of placing children in camps is to
3074	3074	benefit and rehabilitate the children rather than to make the camps
3075	3075	self-sustaining. Children placed in camps may not be exploited.
3076	3076	Sec. 244.007 [61.0761]. FAMILY PROGRAMS. The department
3077	3077	[commission] shall develop programs that encourage family
3078	3078	involvement in the rehabilitation of the child.
3079	3079	Sec. 244.0075 [61.07611]. RESTRAINT OF PREGNANT JUVENILE.
3080	3080	(a) The department [commission] may not use restraints to control
3081	3081	the movement of a pregnant child who is committed to the department
3082	3082	[commission] at any time during which the child is in labor or
3083	3083	delivery or recovering from delivery, unless the executive director
3084	3084	or executive director's designee determines that the use of
3085	3085	restraints is necessary to:
3086	3086	(1) ensure the safety and security of the child or her
3087	3087	infant, department [commission] or medical personnel, or any member
3088	3088	of the public; or
3089	3089	(2) prevent a substantial risk that the child will
3090	3090	attempt escape.
3091	3091	(b) If a determination to use restraints is made under
3092	3092	Subsection (a), the type of restraint used and the manner in which
3093	3093	the restraint is used must be the least restrictive available under
3094	3094	the circumstances to ensure safety and security or to prevent
3095	3095	escape.
3096	3096	Sec. 244.008 [61.0762]. INFANT CARE AND PARENTING PROGRAM.
3097	3097	(a) In this section, "child" means the child of a person who is
3098	3098	committed to the department [commission].
3099	3099	(b) The department [commission] may establish child care
3100	3100	and parenting programs for persons committed to the department
3101	3101	[commission] who are parents.
3102	3102	(c) The department [commission] may permit a mother to have
3103	3103	possession of her child in a residential program that has an infant
3104	3104	care and parenting program or to have possession of her child in a
3105	3105	department-funded [commission-funded] independent living
3106	3106	residence for up to six months if:
3107	3107	(1) the child's father or another relative or guardian
3108	3108	of the child agrees in advance of the child's placement with the
3109	3109	child's mother to assume possession of the child immediately upon
3110	3110	notice by the department [commission] to do so;
3111	3111	(2) the child's parents and any other person having a
3112	3112	duty of support acknowledge that by permitting the mother to have
3113	3113	possession of the child while the mother is confined in a
3114	3114	residential facility or placed in an independent living residence,
3115	3115	the department [commission] assumes no responsibility for the
3116	3116	child's care beyond the responsibility of care that is ordinarily
3117	3117	due the child's mother and the reasonable accommodations that are
3118	3118	necessary for the mother's care of her child;
3119	3119	(3) the child's parents and any other person having a
3120	3120	duty of support agree to indemnify and hold the department
3121	3121	[commission] harmless from any claims that may be made against the
3122	3122	department [commission] for the child's support, including medical
3123	3123	support; and
3124	3124	(4) the department [commission] determines that the
3125	3125	placement is in the best interest of both the mother and her child.
3126	3126	Sec. 244.009. HEALTH CARE DELIVERY SYSTEM. (a) In
3127	3127	providing medical care, behavioral health care, or rehabilitation
3128	3128	services, the department shall integrate the provision of those
3129	3129	services in an integrated comprehensive delivery system.
3130	3130	(b) The delivery system may be used to deliver any medical,
3131	3131	behavioral health, or rehabilitation services provided to a child
3132	3132	in the custody of the department, including:
3133	3133	(1) health care;
3134	3134	(2) dental care;
3135	3135	(3) behavioral health care;
3136	3136	(4) substance abuse treatment;
3137	3137	(5) nutrition;
3138	3138	(6) programming;
3139	3139	(7) case management; and
3140	3140	(8) general rehabilitation services, including
3141	3141	educational, spiritual, daily living, recreational, and security
3142	3142	services.
3143	3143	Sec. 244.010 [61.0763. RIGHTS OF PARENTS. (a) The
3144	3144	commission, in consultation with advocacy and support groups such
3145	3145	as those described in Section 61.0386(a), shall develop a parent's
3146	3146	bill of rights for distribution to the parent or guardian of a child
3147	3147	who is under 18 years of age and committed to the commission. The
3148	3148	parent's bill of rights must include:
3149	3149	[(1) a description of the commission's grievance
3150	3150	policies and procedures, including contact information for the
3151	3151	office of inspector general and the office of the independent
3152	3152	ombudsman established under Chapter 64;
3153	3153	[(2) a list of possible incidents that require
3154	3154	parental notification;
3155	3155	[(3) policies concerning visits and telephone
3156	3156	conversations with a child committed to the commission;
3157	3157	[(4) a description of commission caseworker
3158	3158	responsibilities;
3159	3159	[(5) a statement that the commission caseworker
3160	3160	assigned to a child may assist the child's parent or guardian in
3161	3161	obtaining information and services from the commission and other
3162	3162	resources concerning:
3163	3163	[(A) counseling, including substance abuse and
3164	3164	mental health counseling;
3165	3165	[(B) assistance programs, including financial
3166	3166	and travel assistance programs for visiting a child committed to
3167	3167	the commission;
3168	3168	[(C) workforce preparedness programs;
3169	3169	[(D) parenting programs; and
3170	3170	[(E) commission seminars; and
3171	3171	[(6) information concerning the indeterminate
3172	3172	sentencing structure at the commission, an explanation of reasons
3173	3173	that a child's commitment at the commission could be extended, and
3174	3174	an explanation of the review process under Sections 61.0815 and
3175	3175	61.0816 for a child committed to the commission without a
3176	3176	determinate sentence.
3177	3177	[(b) Not later than 48 hours after the time a child is
3178	3178	admitted to a commission facility, the commission shall mail to the
3179	3179	child's parent or guardian at the last known address of the parent
3180	3180	or guardian:
3181	3181	[(1) the parent's bill of rights; and
3182	3182	[(2) the contact information of the commission
3183	3183	caseworker assigned to the child.
3184	3184	[(c) The commission shall on a quarterly basis provide to
3185	3185	the parent, guardian, or designated advocate of a child who is in
3186	3186	the custody of the commission a report concerning the progress of
3187	3187	the child at the commission, including:
3188	3188	[(1) the academic and behavioral progress of the
3189	3189	child; and
3190	3190	[(2) the results of any reexamination of the child
3191	3191	conducted under Section 61.072.
3192	3192	[(d) The commission shall ensure that written information
3193	3193	provided to a parent or guardian regarding the rights of a child in
3194	3194	the custody of the commission or the rights of a child's parent or
3195	3195	guardian, including the parent's bill of rights, is clear and easy
3196	3196	to understand.
3197	3197	[(e) The commission shall ensure that if the Department of
3198	3198	Family and Protective Services has been appointed managing
3199	3199	conservator of a child, the department is given the same rights as
3200	3200	the child's parent under the parent's bill of rights developed under
3201	3201	this section.
3202	3202	[Sec. 61.0764]. DEPARTMENT [COMMISSION] CASEWORKERS. (a)
3203	3203	The department [commission] shall assign a caseworker to a child
3204	3204	committed to the department [commission]. A department
3205	3205	[commission] caseworker shall:
3206	3206	(1) explore family issues and needs with the parent or
3207	3207	guardian of a child committed to the department [commission];
3208	3208	(2) as needed, provide the parent or guardian of a
3209	3209	child committed to the department [commission] with information
3210	3210	concerning programs and services provided by the department
3211	3211	[commission] or another resource; and
3212	3212	(3) perform other duties required by the department
3213	3213	[commission].
3214	3214	(b) A department [commission] caseworker shall:
3215	3215	(1) at least once a month, attempt to contact the
3216	3216	child's parent or guardian by phone, in person while the parent or
3217	3217	guardian is visiting the facility, or, if necessary, by mail;
3218	3218	(2) if unsuccessful in contacting the child's parent
3219	3219	or guardian under Subdivision (1), attempt at least one additional
3220	3220	time each month to contact the child's parent or guardian; and
3221	3221	(3) document successful as well as unsuccessful
3222	3222	attempts to contact the child's parent or guardian.
3223	3223	(c) To the extent practicable, a caseworker or another
3224	3224	facility administrator shall attempt to communicate with a parent
3225	3225	or guardian who does not speak English in the language of choice of
3226	3226	the parent or guardian.
3227	3227	[Sec. 61.0765. REPORTING CONCERNING RESEARCH PROGRAMS OR
3228	3228	STUDIES. (a) The commission shall keep records relating to
3229	3229	children committed to it that participate in research programs or
3230	3230	studies.
3231	3231	[(b) The records must show, for each calendar quarter and
3232	3232	for each calendar year:
3233	3233	[(1) the number of children participating in research
3234	3234	programs or studies for the appropriate reporting period;
3235	3235	[(2) the type of research program or study in which
3236	3236	each child is participating;
3237	3237	[(3) the name of the principal investigator conducting
3238	3238	the research program or study; and
3239	3239	[(4) the entity sponsoring the research program or
3240	3240	study.
3241	3241	[(c) The commission shall submit a report that contains the
3242	3242	information in the records kept under Subsection (b) on or before
3243	3243	the 15th day after the last day of the appropriate reporting period
3244	3244	to the:
3245	3245	[(1) governor;
3246	3246	[(2) lieutenant governor;
3247	3247	[(3) speaker of the house of representatives; and
3248	3248	[(4) members of the legislature.
3249	3249	[(d) A report submitted under this section is public
3250	3250	information under Chapter 552, Government Code.]
3251	3251	Sec. 244.0105 [61.0766]. REPORT CONCERNING FOSTER CHILDREN
3252	3252	COMMITTED TO DEPARTMENT [COMMISSION]. (a) Not later than the 10th
3253	3253	day before the date of a permanency hearing under Subchapter D,
3254	3254	Chapter 263, Family Code, or a placement review hearing under
3255	3255	Subchapter F, Chapter 263, Family Code, regarding a child for whom
3256	3256	the Department of Family and Protective Services has been appointed
3257	3257	managing conservator, a department [commission] caseworker shall
3258	3258	submit a written report regarding the child's commitment to the
3259	3259	department [commission] to:
3260	3260	(1) the court;
3261	3261	(2) the Department of Family and Protective Services;
3262	3262	(3) any attorney ad litem or guardian ad litem
3263	3263	appointed for the child; and
3264	3264	(4) any volunteer advocate appointed for the child.
3265	3265	(b) The report required by Subsection (a) must include:
3266	3266	(1) the results of any assessments of the child during
3267	3267	the child's commitment to the department [commission], including
3268	3268	assessments of the child's emotional, mental, educational,
3269	3269	psychological, psychiatric, medical, or physical needs;
3270	3270	(2) information regarding the child's placement in
3271	3271	particular programs administered by the department [commission];
3272	3272	and
3273	3273	(3) a description of the child's progress in programs
3274	3274	administered by the department [commission].
3275	3275	Sec. 244.0106 [61.0767]. RULES REGARDING SERVICES FOR
3276	3276	FOSTER CHILDREN. (a) The board [commission] and the executive
3277	3277	commissioner of the Health and Human Services Commission shall
3278	3278	jointly adopt rules to ensure that a child for whom the Department
3279	3279	of Family and Protective Services has been appointed managing
3280	3280	conservator receives appropriate services while the child is
3281	3281	committed to the department [commission] or released under
3282	3282	supervision by the department [commission].
3283	3283	(b) The rules adopted under this section must require the
3284	3284	department [commission] and the Department of Family and Protective
3285	3285	Services to cooperate in providing appropriate services to a child
3286	3286	for whom the Department of Family and Protective Services has been
3287	3287	appointed managing conservator while the child is committed to the
3288	3288	department [commission] or released under supervision by the
3289	3289	department [commission], including:
3290	3290	(1) medical care, as defined by Section 266.001,
3291	3291	Family Code;
3292	3292	(2) mental health treatment and counseling;
3293	3293	(3) education, including special education;
3294	3294	(4) case management;
3295	3295	(5) drug and alcohol abuse assessment or treatment;
3296	3296	(6) sex offender treatment; and
3297	3297	(7) trauma informed care.
3298	3298	(c) The rules adopted under this section must require:
3299	3299	(1) the Department of Family and Protective Services
3300	3300	to:
3301	3301	(A) provide the department [commission] with
3302	3302	access to relevant health and education information regarding a
3303	3303	child; and
3304	3304	(B) require a child's caseworker to visit the
3305	3305	child in person at least once each month while the child is
3306	3306	committed to the department [commission];
3307	3307	(2) the department [commission] to:
3308	3308	(A) provide the Department of Family and
3309	3309	Protective Services with relevant health and education information
3310	3310	regarding a child;
3311	3311	(B) permit communication, including in person,
3312	3312	by telephone, and by mail, between a child committed to the
3313	3313	department [commission] and:
3314	3314	(i) the Department of Family and Protective
3315	3315	Services; and
3316	3316	(ii) the attorney ad litem, the guardian ad
3317	3317	litem, and the volunteer advocate for the child; and
3318	3318	(C) provide the Department of Family and
3319	3319	Protective Services and any attorney ad litem or guardian ad litem
3320	3320	for the child with timely notice of the following events relating to
3321	3321	the child:
3322	3322	(i) a meeting designed to develop or revise
3323	3323	the individual case plan for the child;
3324	3324	(ii) in accordance with any participation
3325	3325	protocols to which the Department of Family and Protective Services
3326	3326	and the department [commission] agree, a medical appointment at
3327	3327	which a person authorized to consent to medical care must
3328	3328	participate as required by Section 266.004(i), Family Code;
3329	3329	(iii) an education meeting, including
3330	3330	admission, review, or dismissal meetings for a child receiving
3331	3331	special education;
3332	3332	(iv) a grievance or disciplinary hearing
3333	3333	for the child;
3334	3334	(v) a report of abuse or neglect of the
3335	3335	child; and
3336	3336	(vi) a significant medical condition of the
3337	3337	child, as defined by Section 266.005, Family Code; and
3338	3338	(3) the Department of Family and Protective Services
3339	3339	and the department [commission] to participate in transition
3340	3340	planning for the child through release from detention, release
3341	3341	under supervision, and discharge.
3342	3342	Sec. 244.011 [61.077]. CHILDREN WITH MENTAL ILLNESS OR
3343	3343	MENTAL RETARDATION. (a) The department [commission] shall accept
3344	3344	a child committed to the department [commission] who is mentally
3345	3345	ill or mentally retarded.
3346	3346	(b) Unless a child is committed to the department
3347	3347	[commission] under a determinate sentence under Section
3348	3348	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department
3349	3349	[commission] shall discharge a child who is mentally ill or
3350	3350	mentally retarded from its custody if:
3351	3351	(1) the child has completed the minimum length of stay
3352	3352	for the child's committing offense; and
3353	3353	(2) the department [commission] determines that the
3354	3354	child is unable to progress in the department's [commission's]
3355	3355	rehabilitation programs because of the child's mental illness or
3356	3356	mental retardation.
3357	3357	(c) If a child who is discharged from the department
3358	3358	[commission] under Subsection (b) as a result of mental illness is
3359	3359	not receiving court-ordered mental health services, the child's
3360	3360	discharge is effective on the earlier of:
3361	3361	(1) the date the court enters an order regarding an
3362	3362	application for mental health services filed under Section
3363	3363	244.012(b) [61.0772(b)]; or
3364	3364	(2) the 30th day after the date the application is
3365	3365	filed.
3366	3366	(d) If a child who is discharged from the department
3367	3367	[commission] under Subsection (b) as a result of mental illness is
3368	3368	receiving court-ordered mental health services, the child's
3369	3369	discharge from the department [commission] is effective
3370	3370	immediately. If the child is receiving mental health services
3371	3371	outside the child's home county, the department [commission] shall
3372	3372	notify the mental health authority located in that county of the
3373	3373	discharge not later than the 30th day after the date that the
3374	3374	child's discharge is effective.
3375	3375	(e) If a child who is discharged from the department
3376	3376	[commission] under Subsection (b) as a result of mental retardation
3377	3377	is not receiving mental retardation services, the child's discharge
3378	3378	is effective on the earlier of:
3379	3379	(1) the date the court enters an order regarding an
3380	3380	application for mental retardation services filed under Section
3381	3381	244.012(b) [61.0772(c)]; or
3382	3382	(2) the 30th day after the date that the application is
3383	3383	filed.
3384	3384	(f) If a child who is discharged from the department
3385	3385	[commission] under Subsection (b) as a result of mental retardation
3386	3386	is receiving mental retardation services, the child's discharge
3387	3387	from the department [commission] is effective immediately.
3388	3388	(g) If a child who is mentally ill or mentally retarded is
3389	3389	discharged from the department [commission] under Subsection (b),
3390	3390	the child is eligible to receive continuity of care services from
3391	3391	the Texas Correctional Office on Offenders with Medical or Mental
3392	3392	Impairments under Chapter 614, Health and Safety Code.
3393	3393	Sec. 244.012 [61.0772]. EXAMINATION BEFORE DISCHARGE. (a)
3394	3394	The department [commission] shall establish a system that
3395	3395	identifies children in the department's [commission's] custody who
3396	3396	are mentally ill or mentally retarded.
3397	3397	(b) Before a child who is identified as mentally ill is
3398	3398	discharged from the department's [commission's] custody under
3399	3399	Section 244.011(b) [61.077(b)], a department [commission]
3400	3400	psychiatrist shall examine the child. The department [commission]
3401	3401	shall refer a child requiring outpatient psychiatric treatment to
3402	3402	the appropriate mental health authority. For a child requiring
3403	3403	inpatient psychiatric treatment, the department [commission] shall
3404	3404	file a sworn application for court-ordered mental health services,
3405	3405	as provided in Subchapter C, Chapter 574, Health and Safety Code,
3406	3406	if:
3407	3407	(1) the child is not receiving court-ordered mental
3408	3408	health services; and
3409	3409	(2) the psychiatrist who examined the child determines
3410	3410	that the child is mentally ill and the child meets at least one of
3411	3411	the criteria listed in Section 574.034, Health and Safety Code.
3412	3412	(c) Before a child who is identified as mentally retarded
3413	3413	under Chapter 593, Health and Safety Code, is discharged from the
3414	3414	department's [commission's] custody under Section 244.011(b)
3415	3415	[61.077(b)], the department [commission] shall refer the child for
3416	3416	mental retardation services if the child is not receiving mental
3417	3417	retardation services.
3418	3418	Sec. 244.0125 [61.0773]. TRANSFER OF CERTAIN CHILDREN
3419	3419	SERVING DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) The
3420	3420	department [commission] may petition the juvenile court that
3421	3421	entered the order of commitment for a child for the initiation of
3422	3422	mental health commitment proceedings if the child is committed to
3423	3423	the department [commission] under a determinate sentence under
3424	3424	Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code.
3425	3425	(b) A petition made by the department [commission] shall be
3426	3426	treated as a motion under Section 55.11, Family Code, and the
3427	3427	juvenile court shall proceed in accordance with Subchapter B,
3428	3428	Chapter 55, Family Code.
3429	3429	(c) The department [commission] shall cooperate with the
3430	3430	juvenile court in any proceeding under this section.
3431	3431	(d) The juvenile court shall credit to the term of the
3432	3432	child's commitment to the department [commission] any time the
3433	3433	child is committed to an inpatient mental health facility.
3434	3434	(e) A child committed to an inpatient mental health facility
3435	3435	as a result of a petition filed under this section may not be
3436	3436	released from the facility on a pass or furlough.
3437	3437	(f) If the term of an order committing a child to an
3438	3438	inpatient mental health facility is scheduled to expire before the
3439	3439	end of the child's sentence and another order committing the child
3440	3440	to an inpatient mental health facility is not scheduled to be
3441	3441	entered, the inpatient mental health facility shall notify the
3442	3442	juvenile court that entered the order of commitment committing the
3443	3443	child to the department [commission]. The juvenile court may
3444	3444	transfer the child to the custody of the department [commission],
3445	3445	transfer the child to the Texas Department of Criminal Justice, or
3446	3446	release the child under supervision, as appropriate.
3447	3447	Sec. 244.013 [61.078]. NOTICE OF PENDING DISCHARGE. As
3448	3448	soon as practicable after the department [commission] makes a
3449	3449	decision to discharge a child or authorize the child's absence from
3450	3450	the department's [its] custody, the department [commission] shall
3451	3451	give notice of the department's [its] decision to the juvenile
3452	3452	court and the office of the prosecuting attorney of the county in
3453	3453	which the adjudication that the child engaged in delinquent conduct
3454	3454	was made.
3455	3455	Sec. 244.014 [61.079]. REFERRAL OF VIOLENT AND HABITUAL
3456	3456	OFFENDERS FOR TRANSFER. (a) After a child sentenced to commitment
3457	3457	under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
3458	3458	becomes 16 years of age but before the child becomes 19 years of
3459	3459	age, the department [commission] may refer the child to the
3460	3460	juvenile court that entered the order of commitment for approval of
3461	3461	the child's transfer to the Texas Department of Criminal Justice
3462	3462	for confinement if:
3463	3463	(1) the child has not completed the sentence; and
3464	3464	(2) the child's conduct, regardless of whether the
3465	3465	child was released under supervision under Section 245.051
3466	3466	[61.081], indicates that the welfare of the community requires the
3467	3467	transfer.
3468	3468	(b) The department [commission] shall cooperate with the
3469	3469	court on any proceeding on the transfer of the child.
3470	3470	(c) If a child is released under supervision, a juvenile
3471	3471	court adjudication that the child engaged in delinquent conduct
3472	3472	constituting a felony offense, a criminal court conviction of the
3473	3473	child for a felony offense, or a determination under Section
3474	3474	244.005(4) [61.075(4)] revoking the child's release under
3475	3475	supervision is required before referral of the child to the
3476	3476	juvenile court under Subsection (a).
3477	3477	Sec. 244.015 [61.0791]. EVALUATION OF CERTAIN CHILDREN
3478	3478	SERVING DETERMINATE SENTENCES. (a) When a child who is sentenced
3479	3479	to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
3480	3480	Family Code, becomes 18 years of age, the department [commission]
3481	3481	shall evaluate whether the child is in need of additional services
3482	3482	that can be completed in the six-month period after the child's 18th
3483	3483	birthday to prepare the child for release from the custody of the
3484	3484	department [commission] or transfer to the Texas Department of
3485	3485	Criminal Justice.
3486	3486	(b) This section does not apply to a child who is released
3487	3487	from the custody of the department [commission] or who is
3488	3488	transferred to the Texas Department of Criminal Justice before the
3489	3489	child's 18th birthday.
3490	3490	SUBCHAPTER B. PROVISION OF CERTAIN INFORMATION; RIGHTS OF PARENTS
3491	3491	Sec. 244.051. INFORMATION AVAILABLE TO CHILDREN, PARENTS,
3492	3492	AND OTHERS. (a) In the interest of achieving the purpose of the
3493	3493	department and protecting the public, the department may disclose
3494	3494	records and other information concerning a child to the child and
3495	3495	the child's parent or guardian only if disclosure would not
3496	3496	materially harm the treatment and rehabilitation of the child and
3497	3497	would not substantially decrease the likelihood of the department
3498	3498	receiving information from the same or similar sources in the
3499	3499	future. Information concerning a person who is age 18 or older may
3500	3500	not be disclosed to the person's parent or guardian without the
3501	3501	person's consent.
3502	3502	(b) The department may disclose information regarding a
3503	3503	child's location and committing court to a person having a
3504	3504	legitimate need for the information.
3505	3505	(c) The department may disclose to a peace officer or law
3506	3506	enforcement agency images of children recorded by an electronic
3507	3507	recording device and incident reporting and investigation
3508	3508	documents containing the names of children if the information is
3509	3509	relevant to the investigation of a criminal offense alleged to have
3510	3510	occurred in a facility operated by or under contract with the
3511	3511	department.
3512	3512	(d) Notwithstanding Subsection (a), if the Department of
3513	3513	Family and Protective Services has been appointed managing
3514	3514	conservator for a child, the department shall disclose records and
3515	3515	other information concerning the child to the Department of Family
3516	3516	and Protective Services as provided by the rules of the Department
3517	3517	of Family and Protective Services.
3518	3518	Sec. 244.052. RIGHTS OF PARENTS. (a) The department, in
3519	3519	consultation with advocacy and support groups such as those
3520	3520	described in Section 242.056(a), shall develop a parent's bill of
3521	3521	rights for distribution to the parent or guardian of a child who is
3522	3522	under 18 years of age and committed to the department. The parent's
3523	3523	bill of rights must include:
3524	3524	(1) a description of the department's grievance
3525	3525	policies and procedures, including contact information for the
3526	3526	office of inspector general and the office of the independent
3527	3527	ombudsman established under Chapter 261;
3528	3528	(2) a list of possible incidents that require parental
3529	3529	notification;
3530	3530	(3) policies concerning visits and telephone
3531	3531	conversations with a child committed to the department;
3532	3532	(4) a description of department caseworker
3533	3533	responsibilities;
3534	3534	(5) a statement that the department caseworker
3535	3535	assigned to a child may assist the child's parent or guardian in
3536	3536	obtaining information and services from the department and other
3537	3537	resources concerning:
3538	3538	(A) counseling, including substance abuse and
3539	3539	mental health counseling;
3540	3540	(B) assistance programs, including financial and
3541	3541	travel assistance programs for visiting a child committed to the
3542	3542	department;
3543	3543	(C) workforce preparedness programs;
3544	3544	(D) parenting programs; and
3545	3545	(E) department seminars; and
3546	3546	(6) information concerning the indeterminate
3547	3547	sentencing structure at the department, an explanation of reasons
3548	3548	that a child's commitment at the department could be extended, and
3549	3549	an explanation of the review process under Sections 245.101 and
3550	3550	245.104 for a child committed to the department without a
3551	3551	determinate sentence.
3552	3552	(b) Not later than 48 hours after the time a child is
3553	3553	admitted to a department facility, the department shall mail to the
3554	3554	child's parent or guardian at the last known address of the parent
3555	3555	or guardian:
3556	3556	(1) the parent's bill of rights; and
3557	3557	(2) the contact information of the department
3558	3558	caseworker assigned to the child.
3559	3559	(c) The department shall on a quarterly basis provide to the
3560	3560	parent, guardian, or designated advocate of a child who is in the
3561	3561	custody of the department a report concerning the progress of the
3562	3562	child at the department, including:
3563	3563	(1) the academic and behavioral progress of the child;
3564	3564	and
3565	3565	(2) the results of any reexamination of the child
3566	3566	conducted under Section 244.002.
3567	3567	(d) The department shall ensure that written information
3568	3568	provided to a parent or guardian regarding the rights of a child in
3569	3569	the custody of the department or the rights of a child's parent or
3570	3570	guardian, including the parent's bill of rights, is clear and easy
3571	3571	to understand.
3572	3572	(e) The department shall ensure that if the Department of
3573	3573	Family and Protective Services has been appointed managing
3574	3574	conservator of a child, the Department of Family and Protective
3575	3575	Services is given the same rights as the child's parent under the
3576	3576	parent's bill of rights developed under this section.
3577	3577	CHAPTER 245 [SUBCHAPTER F]. RELEASE
3578	3578	SUBCHAPTER A. GENERAL PROVISIONS
3579	3579	Sec. 245.001. PAROLE OFFICERS; PAROLE MANAGEMENT. (a) The
3580	3580	department may employ parole officers to investigate, place,
3581	3581	supervise, and direct the activities of a parolee to ensure the
3582	3582	parolee's adjustment to society in accordance with the rules
3583	3583	adopted by the board.
3584	3584	(b) Parole officers may work with local organizations,
3585	3585	clubs, and agencies to formulate plans and procedures for the
3586	3586	prevention of juvenile delinquency.
3587	3587	(c) The department shall develop a management system for
3588	3588	parole services that objectively measures and provides for:
3589	3589	(1) the systematic examination of children's needs and
3590	3590	the development of treatment plans to address those needs;
3591	3591	(2) the evaluation of homes, foster homes, and public
3592	3592	and private institutions as constructive parole placements;
3593	3593	(3) the classification of children based on the level
3594	3594	of children's needs and the degree of risk presented to the public;
3595	3595	(4) the objective measurement of parole officer
3596	3596	workloads; and
3597	3597	(5) the gathering and analysis of information related
3598	3598	to the effectiveness of parole services and to future parole
3599	3599	requirements.
3600	3600	Sec. 245.002. CONTRACTS WITH COUNTIES. (a) The department
3601	3601	may make a contract with a county to use the services of the
3602	3602	county's juvenile probation department for the supervision of
3603	3603	children within the county who are on furlough from a department
3604	3604	facility or who are released under supervision from a department
3605	3605	facility.
3606	3606	(b) Payments under a contract described by Subsection (a)
3607	3607	shall be made to the county treasurer on a quarterly schedule.
3608	3608	(c) The department may not pay a county for supervision of a
3609	3609	child for any time after the child:
3610	3610	(1) is discharged from the department's custody;
3611	3611	(2) is returned to a department facility; or
3612	3612	(3) transfers the child's residence to another county
3613	3613	or state.
3614	3614	(d) A county that has a contract with the department must
3615	3615	report to the department on the status and progress of each child
3616	3616	for whom the county is receiving payments. The reports shall be
3617	3617	made at the time and in the manner specified by the contract.
3618	3618	SUBCHAPTER B. AUTHORITY TO RELEASE; RESUMPTION OF CARE
3619	3619	Sec. 245.051 [61.081]. RELEASE UNDER SUPERVISION. (a) The
3620	3620	department [commission] may release under supervision any child in
3621	3621	the department's [its] custody and place the child in the child's
3622	3622	[his or her] home or in any situation or family approved by the
3623	3623	department [commission]. Prior to placing a child in the child's
3624	3624	[his or her] home, the department [commission] shall evaluate the
3625	3625	home setting to determine the level of supervision and quality of
3626	3626	care that is available in the home.
3627	3627	(b) [Subject to legislative appropriation, the commission
3628	3628	may employ parole officers to investigate, place, supervise, and
3629	3629	direct the activities of a parolee to ensure the parolee's
3630	3630	adjustment to society in accordance with the rules adopted by the
3631	3631	commission.
3632	3632	[(c) Parole officers may work with local organizations,
3633	3633	clubs, and agencies to formulate plans and procedures for the
3634	3634	prevention of juvenile delinquency.
3635	3635	[(d) The commission may resume the care and custody of any
3636	3636	child released under supervision at any time before the final
3637	3637	discharge of the child.
3638	3638	[(e)] Not later than 10 days before the day the department
3639	3639	[commission] releases a child under this section, the department
3640	3640	[commission] shall give notice of the release to the juvenile court
3641	3641	and the office of the prosecuting attorney of the county in which
3642	3642	the adjudication that the child engaged in delinquent conduct was
3643	3643	made.
3644	3644	(c) [(f)] If a child is committed to the department
3645	3645	[commission] under a determinate sentence under Section
3646	3646	54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
3647	3647	the department [commission] may not release the child under
3648	3648	supervision without approval of the juvenile court that entered the
3649	3649	order of commitment unless the child has served at least:
3650	3650	(1) 10 years, if the child was sentenced to commitment
3651	3651	for conduct constituting capital murder;
3652	3652	(2) 3 years, if the child was sentenced to commitment
3653	3653	for conduct constituting an aggravated controlled substance felony
3654	3654	or a felony of the first degree;
3655	3655	(3) 2 years, if the child was sentenced to commitment
3656	3656	for conduct constituting a felony of the second degree; or
3657	3657	(4) 1 year, if the child was sentenced to commitment
3658	3658	for conduct constituting a felony of the third degree.
3659	3659	(d) [(g)] The department [commission] may request the
3660	3660	approval of the court under this section at any time.
3661	3661	(e) The department may resume the care and custody of any
3662	3662	child released under supervision at any time before the final
3663	3663	discharge of the child.
3664	3664	(f) [(h)] If the department [commission] finds that a child
3665	3665	has violated an order under which the child is released under
3666	3666	supervision, on notice by any reasonable method to all persons
3667	3667	affected, the department [commission] may order the child:
3668	3668	(1) to return to an institution;
3669	3669	(2) if the violation resulted in property damage or
3670	3670	personal injury:
3671	3671	(A) to make full or partial restitution to the
3672	3672	victim of the offense; or
3673	3673	(B) if the child is financially unable to make
3674	3674	full or partial restitution, to perform services for a charitable
3675	3675	or educational institution; or
3676	3676	(3) to comply with any other conditions the department
3677	3677	[commission] considers appropriate.
3678	3678	(g) [(i)] Notwithstanding Subsection (c) [(f)], if a child
3679	3679	is committed to the department [commission] under a determinate
3680	3680	sentence under Section 54.04(d)(3), Section 54.04(m), or Section
3681	3681	54.05(f), Family Code, the department [commission] may release the
3682	3682	child under supervision without approval of the juvenile court that
3683	3683	entered the order of commitment if not more than nine months remain
3684	3684	before the child's discharge under Section 245.151(b) [61.084(b)].
3685	3685	Sec. 245.052 [61.0811. PAROLE MANAGEMENT. The commission
3686	3686	shall develop a management system for parole services that
3687	3687	objectively measures and provides for:
3688	3688	[(1) the systematic examination of children's needs
3689	3689	and the development of treatment plans to address those needs;
3690	3690	[(2) the evaluation of homes, foster homes, and public
3691	3691	and private institutions as constructive parole placements;
3692	3692	[(3) the classification of children based on the level
3693	3693	of children's needs and the degree of risk presented to the public;
3694	3694	[(4) the objective measurement of parole officer
3695	3695	workloads; and
3696	3696	[(5) the gathering and analysis of information related
3697	3697	to the effectiveness of parole services and to future parole
3698	3698	requirements.
3699	3699	[Sec. 61.0812]. SUBSTANCE ABUSE TREATMENT [FOR SUBSTANCE
3700	3700	ABUSE]. Subject to an express appropriation to fund the treatment
3701	3701	programs required by this section, the department [commission] may
3702	3702	not release a child under supervision or parole a child if:
3703	3703	(1) the child has a substance abuse problem, including
3704	3704	the use of a controlled substance, hazardous inhalable substances,
3705	3705	or alcohol habitually; and
3706	3706	(2) the child has not completed a treatment program
3707	3707	for the problem.
3708	3708	Sec. 245.053 [61.0813]. SEX OFFENDER COUNSELING AND
3709	3709	TREATMENT. (a) Before releasing a child described by Subsection
3710	3710	(b) under supervision, the department [commission]:
3711	3711	(1) may require as a condition of release that the
3712	3712	child:
3713	3713	(A) attend psychological counseling sessions for
3714	3714	sex offenders as provided by Subsection (e); and
3715	3715	(B) submit to a polygraph examination as provided
3716	3716	by Subsection (f) for purposes of evaluating the child's treatment
3717	3717	progress; and
3718	3718	(2) shall require as a condition of release that the
3719	3719	child:
3720	3720	(A) register under Chapter 62, Code of Criminal
3721	3721	Procedure; and
3722	3722	(B) submit a blood sample or other specimen to
3723	3723	the Department of Public Safety under Subchapter G, Chapter 411,
3724	3724	Government Code, for the purpose of creating a DNA record of the
3725	3725	child, unless the child has already submitted the required specimen
3726	3726	under other state law.
3727	3727	(b) This section applies to a child adjudicated for engaging
3728	3728	in delinquent conduct constituting an offense for which the child
3729	3729	is required to register as a sex offender under Chapter 62, Code of
3730	3730	Criminal Procedure.
3731	3731	(c) Psychological counseling required as a condition of
3732	3732	release under Subsection (a) must be with an individual or
3733	3733	organization that:
3734	3734	(1) provides sex offender treatment or counseling;
3735	3735	(2) is specified by the department [commission]; and
3736	3736	(3) meets minimum standards of counseling established
3737	3737	by the department [commission].
3738	3738	(d) A polygraph examination required as a condition of
3739	3739	release under Subsection (a) must be administered by an individual
3740	3740	who is:
3741	3741	(1) specified by the department [commission]; and
3742	3742	(2) licensed as a polygraph examiner under Chapter
3743	3743	1703, Occupations Code.
3744	3744	(e) In addition to specifying a sex offender treatment
3745	3745	provider to provide counseling to a child described by Subsection
3746	3746	(b), the department [commission] shall:
3747	3747	(1) establish with the cooperation of the treatment
3748	3748	provider the date, time, and place of the first counseling session
3749	3749	between the child and the treatment provider;
3750	3750	(2) notify the child and the treatment provider before
3751	3751	the release of the child of the date, time, and place of the first
3752	3752	counseling session between the child and the treatment provider;
3753	3753	and
3754	3754	(3) require the treatment provider to notify the
3755	3755	department [commission] immediately if the child fails to attend
3756	3756	any scheduled counseling session.
3757	3757	(f) If the department [commission] specifies a polygraph
3758	3758	examiner under Subsection (d) to administer a polygraph examination
3759	3759	to a child, the department [commission] shall arrange for a
3760	3760	polygraph examination to be administered to the child:
3761	3761	(1) not later than the 60th day after the date the
3762	3762	child attends the first counseling session established under
3763	3763	Subsection (e); and
3764	3764	(2) after the initial polygraph examination, as
3765	3765	required by Subdivision (1), on the request of the treatment
3766	3766	provider specified under Subsection (c).
3767	3767	(g) If the department [commission] requires as a condition
3768	3768	of release that a child attend psychological counseling under
3769	3769	Subsection (a), the department [commission] shall notify the court
3770	3770	that committed the child to the department [commission]. After
3771	3771	receiving notification from the department [commission] under this
3772	3772	subsection, the court may order the parent or guardian of the child
3773	3773	to:
3774	3774	(1) attend four sessions of instruction with an
3775	3775	individual or organization specified by the department
3776	3776	[commission] relating to:
3777	3777	(A) sexual offenses;
3778	3778	(B) family communication skills;
3779	3779	(C) sex offender treatment;
3780	3780	(D) victims' rights;
3781	3781	(E) parental supervision; and
3782	3782	(F) appropriate sexual behavior; and
3783	3783	(2) during the time the child attends psychological
3784	3784	counseling, participate in monthly treatment groups conducted by
3785	3785	the child's treatment provider relating to the child's
3786	3786	psychological counseling.
3787	3787	(h) A court that orders a parent or guardian of a child to
3788	3788	attend instructional sessions and participate in treatment groups
3789	3789	under Subsection (g) shall require:
3790	3790	(1) the individual or organization specified by the
3791	3791	department [commission] under Subsection (g) to notify the court
3792	3792	immediately if the parent or guardian fails to attend any scheduled
3793	3793	instructional session; and
3794	3794	(2) the child's treatment provider specified under
3795	3795	Subsection (c) to notify the court immediately if the parent or
3796	3796	guardian fails to attend a session in which the parent or guardian
3797	3797	is required to participate in a scheduled treatment group.
3798	3798	(i) If the department [commission] requires as a condition
3799	3799	of release that a child attend psychological counseling under
3800	3800	Subsection (a), the department [commission] may, before the date
3801	3801	the period of release ends, petition the appropriate court to
3802	3802	request the court to extend the period of release for an additional
3803	3803	period necessary to complete the required counseling as determined
3804	3804	by the treatment provider, except that the release period may not be
3805	3805	extended to a date after the date of the child's 18th birthday.
3806	3806	Sec. 245.0535 [61.08131]. COMPREHENSIVE REENTRY AND
3807	3807	REINTEGRATION PLAN FOR CHILDREN; STUDY AND REPORT. (a) The
3808	3808	department [commission] shall develop a comprehensive plan for each
3809	3809	child committed to the custody of the department to reduce
3810	3810	recidivism and ensure the successful reentry and reintegration of
3811	3811	the child [children] into the community following the [a] child's
3812	3812	release under supervision or final discharge, as applicable, from
3813	3813	the department [commission]. The plan for a child must be designed
3814	3814	to ensure that the child receives an extensive continuity of care in
3815	3815	services from the time the child is committed to the department to
3816	3816	the time of the child's final discharge from the department. The
3817	3817	plan for a child must include, as applicable:
3818	3818	(1) housing assistance;
3819	3819	(2) a step-down program, such as placement in a
3820	3820	halfway house;
3821	3821	(3) family counseling;
3822	3822	(4) academic and vocational mentoring;
3823	3823	(5) trauma counseling for a child who is a victim of
3824	3824	abuse while in the custody of the department; and
3825	3825	(6) other specialized treatment services appropriate
3826	3826	for the child.
3827	3827	(b) The comprehensive reentry and reintegration plan
3828	3828	developed under this section must provide for:
3829	3829	(1) an assessment of each child committed to the
3830	3830	department [commission] to determine which skills the child needs
3831	3831	to develop to be successful in the community following release
3832	3832	under supervision or final discharge;
3833	3833	(2) programs that address the assessed needs of each
3834	3834	child;
3835	3835	(3) a comprehensive network of transition programs to
3836	3836	address the needs of children released under supervision or finally
3837	3837	discharged from the department [commission];
3838	3838	(4) the identification of providers of existing local
3839	3839	programs and transitional services with whom the department
3840	3840	[commission] may contract under this section to implement the
3841	3841	reentry and reintegration plan; and
3842	3842	(5) subject to Subsection (c), the sharing of
3843	3843	information between local coordinators, persons with whom the
3844	3844	department [commission] contracts under this section, and other
3845	3845	providers of services as necessary to adequately assess and address
3846	3846	the needs of each child.
3847	3847	(c) A child's personal health information may be disclosed
3848	3848	under Subsection (b)(5) only in the manner authorized by Section
3849	3849	244.051 [61.0731] or other state or federal law, provided that the
3850	3850	disclosure does not violate the Health Insurance Portability and
3851	3851	Accountability Act of 1996 (Pub. L. No. 104-191).
3852	3852	(d) The programs provided under Subsections (b)(2) and (3)
3853	3853	must:
3854	3854	(1) be implemented by highly skilled staff who are
3855	3855	experienced in working with reentry and reintegration programs for
3856	3856	children;
3857	3857	(2) provide children with:
3858	3858	(A) individualized case management and a full
3859	3859	continuum of care;
3860	3860	(B) life-skills training, including information
3861	3861	about budgeting, money management, nutrition, and exercise;
3862	3862	(C) education and, if a child has a learning
3863	3863	disability, special education;
3864	3864	(D) employment training;
3865	3865	(E) appropriate treatment programs, including
3866	3866	substance abuse and mental health treatment programs; and
3867	3867	(F) parenting and relationship-building classes;
3868	3868	and
3869	3869	(3) be designed to build for children post-release and
3870	3870	post-discharge support from the community into which the child is
3871	3871	released under supervision or finally discharged, including
3872	3872	support from agencies and organizations within that community.
3873	3873	(e) The department [commission] may contract and coordinate
3874	3874	with private vendors, units of local government, or other entities
3875	3875	to implement the comprehensive reentry and reintegration plan
3876	3876	developed under this section, including contracting to:
3877	3877	(1) coordinate the supervision and services provided
3878	3878	to children during the time children are in the custody of the
3879	3879	department [commission] with any supervision or services provided
3880	3880	children who have been released under supervision or finally
3881	3881	discharged from the department [commission];
3882	3882	(2) provide children awaiting release under
3883	3883	supervision or final discharge with documents that are necessary
3884	3884	after release or discharge, including identification papers,
3885	3885	medical prescriptions, job training certificates, and referrals to
3886	3886	services; and
3887	3887	(3) provide housing and structured programs,
3888	3888	including programs for recovering substance abusers, through which
3889	3889	children are provided services immediately following release under
3890	3890	supervision or final discharge.
3891	3891	(f) To ensure accountability, any contract entered into
3892	3892	under this section must contain specific performance measures that
3893	3893	the department [commission] shall use to evaluate compliance with
3894	3894	the terms of the contract.
3895	3895	[(g) The commission shall ensure that each reentry and
3896	3896	reintegration plan developed for a child under Section 61.0814 is
3897	3897	coordinated with the comprehensive reentry and reintegration plan
3898	3898	developed under this section.]
3899	3899	(h) The department [commission] shall conduct and
3900	3900	coordinate research to determine whether the comprehensive reentry
3901	3901	and reintegration plan developed under this section reduces
3902	3902	recidivism rates.
3903	3903	(i) Not later than December 1 of each even-numbered year,
3904	3904	the department [commission] shall deliver a report of the results
3905	3905	of research conducted or coordinated under Subsection (h) to the
3906	3906	lieutenant governor, the speaker of the house of representatives,
3907	3907	and the standing committees of each house of the legislature with
3908	3908	primary jurisdiction over juvenile justice and corrections.
3909	3909	(j) If a program or service in the child's comprehensive
3910	3910	reentry and reintegration plan is not available at the time the
3911	3911	child is to be released, the department shall find a suitable
3912	3912	alternative program or service so that the child's release is not
3913	3913	postponed.
3914	3914	(k) The department shall:
3915	3915	(1) clearly explain the comprehensive reentry and
3916	3916	reintegration plan and any conditions of supervision to a child who
3917	3917	will be released on supervision; and
3918	3918	(2) require each child committed to the department
3919	3919	that is to be released on supervision to acknowledge and sign a
3920	3920	document containing any conditions of supervision.
3921	3921	Sec. 245.054 [61.08141]. INFORMATION PROVIDED TO COURT
3922	3922	BEFORE RELEASE. (a) In addition to providing the court with notice
3923	3923	of release of a child under Section 245.051(b) [61.081(e)], as soon
3924	3924	as possible but not later than the 30th day before the date the
3925	3925	department [commission] releases the child, the department
3926	3926	[commission] shall provide the court that committed the child to
3927	3927	the department [commission]:
3928	3928	(1) a copy of the child's reentry and reintegration
3929	3929	plan developed under Section 245.0535 [61.0814]; and
3930	3930	(2) a report concerning the progress the child has
3931	3931	made while committed to the department [commission].
3932	3932	(b) If, on release, the department [commission] places a
3933	3933	child in a county other than the county served by the court that
3934	3934	committed the child to the department [commission], the department
3935	3935	[commission] shall provide the information described by Subsection
3936	3936	(a) to both the committing court and the juvenile court in the
3937	3937	county where the child is placed after release.
3938	3938	(c) If, on release, a child's residence is located in
3939	3939	another state, the department [commission] shall provide the
3940	3940	information described by Subsection (a) to both the committing
3941	3941	court and a juvenile court of the other state that has jurisdiction
3942	3942	over the area in which the child's residence is located.
3943	3943	SUBCHAPTER C. MINIMUM LENGTH OF STAY; EXTENSION ORDERS
3944	3944	Sec. 245.101 [61.0814. REENTRY AND REINTEGRATION PLAN. (a)
3945	3945	The commission shall develop a reentry and reintegration plan for
3946	3946	each child committed to the custody of the commission. The plan for
3947	3947	a child must be designed to ensure that the child receives an
3948	3948	extensive continuity of care in services from the time the child is
3949	3949	committed to the commission to the time of the child's final
3950	3950	discharge from the commission. The plan for a child must include,
3951	3951	as applicable:
3952	3952	[(1) housing assistance;
3953	3953	[(2) a step-down program, such as placement in a
3954	3954	halfway house;
3955	3955	[(3) family counseling;
3956	3956	[(4) academic and vocational mentoring;
3957	3957	[(5) trauma counseling for a child who is a victim of
3958	3958	abuse while in the custody of the commission; and
3959	3959	[(6) other specialized treatment services appropriate
3960	3960	for the child.
3961	3961	[(b) If a program or service in the child's reentry and
3962	3962	reintegration plan is not available at the time the child is to be
3963	3963	released, the commission shall find a suitable alternative program
3964	3964	or service so that the child's release is not postponed.
3965	3965	[Sec. 61.0815]. COMPLETION OF MINIMUM LENGTH OF STAY;
3966	3966	PANEL. (a) After a child who is committed to the department
3967	3967	[commission] without a determinate sentence completes the minimum
3968	3968	length of stay established by the department [commission] for the
3969	3969	child under Section 243.002 [61.062], the department [commission]
3970	3970	shall, in the manner provided by this section and Section 245.102:
3971	3971	(1) discharge the child from the custody of the
3972	3972	department [commission];
3973	3973	(2) release the child under supervision under Section
3974	3974	245.051 [61.081]; or
3975	3975	(3) extend the length of the child's stay in the
3976	3976	custody of the department [commission].
3977	3977	(b) The board [commission] by rule shall establish a panel
3978	3978	whose function is to review and determine whether a child who has
3979	3979	completed the child's minimum length of stay should be discharged
3980	3980	from the custody of the department [commission] as provided by
3981	3981	Subsection (a)(1), be released under supervision under Section
3982	3982	245.051 [61.081] as provided by Subsection (a)(2), or remain in the
3983	3983	custody of the department [commission] for an additional period of
3984	3984	time as provided by Subsection (a)(3).
3985	3985	(c) The executive director [commissioner] shall determine
3986	3986	the size of the panel described by Subsection (b) and the length of
3987	3987	the members' terms of service on the panel. The panel must consist
3988	3988	of an odd number of members and the terms of the panel's members
3989	3989	must last for at least two years. The executive director
3990	3990	[commissioner] shall adopt policies that ensure the transparency,
3991	3991	consistency, and objectivity of the panel's composition,
3992	3992	procedures, and decisions. The executive director [commissioner]
3993	3993	shall appoint persons to serve as members of the panel. A person
3994	3994	appointed to the panel must be a department [commission] employee
3995	3995	who works at the department's [commission's] central office. A
3996	3996	member of the panel may not be involved in any supervisory decisions
3997	3997	concerning children in the custody of the department [commission].
3998	3998	Sec. 245.102. EXTENSION ORDER. (a) A [(d) The] panel may
3999	3999	extend the length of the child's stay as provided by Section
4000	4000	245.101(a)(3) [Subsection (a)(3)] only if the panel determines by
4001	4001	majority vote and on the basis of clear and convincing evidence
4002	4002	that:
4003	4003	(1) the child is in need of additional rehabilitation
4004	4004	from the department; [commission] and
4005	4005	(2) [that] the department [commission] will provide
4006	4006	the most suitable environment for that rehabilitation.
4007	4007	(b) In extending the length of a child's stay, the panel
4008	4008	must specify the additional period of time that the child is to
4009	4009	remain in the custody of the department [commission] and must
4010	4010	conduct an additional review and determination as provided by
4011	4011	Section 245.101 [this section] on the child's completion of the
4012	4012	additional term of stay.
4013	4013	(c) If the panel determines that the child's length of stay
4014	4014	should not be extended, the department [commission] must discharge
4015	4015	the child from the custody of the department [commission] as
4016	4016	provided by Section 245.101(a)(1) [Subsection (a)(1)] or release
4017	4017	the child under supervision under Section 245.051 [Section 61.081]
4018	4018	as provided by Section 245.101(a)(2) [Subsection (a)(2)].
4019	4019	Sec. 245.103. STATISTICS AND REPORTS CONCERNING EXTENSION
4020	4020	ORDERS. (a) [(e)] The department [commission] shall maintain
4021	4021	statistics of the number of extensions granted by a [the] panel
4022	4022	under Section 245.102. The statistics must include aggregated
4023	4023	information concerning:
4024	4024	(1) the race, age, sex, specialized treatment needs,
4025	4025	and county of origin for each child for whom an extension order is
4026	4026	requested;
4027	4027	(2) the facility in which the child is confined; and
4028	4028	(3) if applicable, any allegations concerning the
4029	4029	abuse, mistreatment, or neglect of the child, aggregated by the
4030	4030	type of misconduct to which the child was subjected.
4031	4031	(b) [(f)] To the extent authorized under law, the
4032	4032	statistics maintained under Subsection (a) [(e)] are public
4033	4033	information under Chapter 552, Government Code, and the department
4034	4034	[commission] shall post the statistics on the department's
4035	4035	[commission's] Internet website.
4036	4036	(c) The department [commission] shall prepare and deliver
4037	4037	to the standing committees of the senate and house of
4038	4038	representatives with primary jurisdiction over matters concerning
4039	4039	correctional facilities a report concerning the statistics
4040	4040	maintained under Subsection (a) [(e)].
4041	4041	(d) [(g)] The department [commission] shall provide a
4042	4042	report to the parent, guardian, or designated advocate of a child
4043	4043	whose length of stay is extended under Section 245.102 [this
4044	4044	section] explaining the panel's reason for the extension.
4045	4045	Sec. 245.104 [61.0816]. REQUEST FOR RECONSIDERATION OF
4046	4046	EXTENSION ORDER. (a) The board [commission] by rule shall
4047	4047	establish a process to request the reconsideration of an extension
4048	4048	order issued by a [the] panel [established] under Section 245.102
4049	4049	[61.0815].
4050	4050	(b) The process to request reconsideration must provide
4051	4051	that:
4052	4052	(1) a child, a parent, guardian, or designated
4053	4053	advocate of a child, an employee of the department [commission], or
4054	4054	a person who provides volunteer services at a department
4055	4055	[commission] facility may submit a request for reconsideration of
4056	4056	an extension order;
4057	4057	(2) the person submitting the request for
4058	4058	reconsideration of an extension order must state in the request the
4059	4059	reason for the request;
4060	4060	(3) after receiving a request for reconsideration of
4061	4061	an extension order, the panel shall reconsider an extension order
4062	4062	that:
4063	4063	(A) extends the child's stay in the custody of
4064	4064	the department [commission] by six months or more; or
4065	4065	(B) combined with previous extension orders will
4066	4066	result in an extension of the child's stay in the custody of the
4067	4067	department [commission] by six months or more;
4068	4068	(4) the panel's reconsideration of an extension order
4069	4069	includes consideration of the information submitted in the request;
4070	4070	and
4071	4071	(5) the panel shall send a written reply to the child,
4072	4072	the parent, guardian, or designated advocate of the child, and the
4073	4073	person who made the request for reconsideration of an extension
4074	4074	order that includes an explanation of the panel's decision after
4075	4075	reconsidering the extension order, including an indication that the
4076	4076	panel has considered the information submitted in the request.
4077	4077	(c) The department [commission] shall create a form for a
4078	4078	request for reconsideration of an extension order that is clear and
4079	4079	easy to understand. The department [commission] shall ensure that
4080	4080	a child may request assistance in completing a request for
4081	4081	reconsideration of an extension order.
4082	4082	Sec. 245.105. STATISTICS AND REPORTS CONCERNING
4083	4083	RECONSIDERATIONS OF EXTENSION ORDERS. (a) [(d)] The department
4084	4084	[commission] shall maintain statistics of the number of requests
4085	4085	for reconsideration of an extension order that are submitted under
4086	4086	Section 245.104 and the action taken on reconsideration of the
4087	4087	extension order. The statistics must include aggregated
4088	4088	information concerning:
4089	4089	(1) the race, age, sex, specialized treatment needs,
4090	4090	and county of origin for each child for whom a request for
4091	4091	reconsideration of an extension order is submitted;
4092	4092	(2) whether a request for reconsideration of an
4093	4093	extension order results in:
4094	4094	(A) a discharge or release under supervision; or
4095	4095	(B) the original extension order being upheld;
4096	4096	(3) the facility in which the child is confined; and
4097	4097	(4) if applicable, any allegations concerning the
4098	4098	abuse, mistreatment, or neglect of the child, aggregated by the
4099	4099	type of misconduct to which the child was subjected.
4100	4100	(b) [(e)] To the extent authorized under law, the
4101	4101	statistics maintained under Subsection (a) [(d)] are public
4102	4102	information under Chapter 552, Government Code, and the department
4103	4103	[commission] shall post the statistics on the department's
4104	4104	[commission's] Internet website.
4105	4105	(c) The department [commission] shall prepare and deliver
4106	4106	to the standing committees of the senate and house of
4107	4107	representatives with primary jurisdiction over matters concerning
4108	4108	correctional facilities a report concerning the statistics
4109	4109	maintained under Subsection (a) [(d)].
4110	4110	Sec. 245.106 [61.082]. TRANSPORTATION, CLOTHING, MONEY.
4111	4111	The department [commission] shall ensure that each child it
4112	4112	releases under supervision has:
4113	4113	(1) suitable clothing;
4114	4114	(2) [,] transportation to his or her home or to the
4115	4115	county in which a suitable home or employment has been found; [,]
4116	4116	and
4117	4117	(3) money in an amount authorized by the rules of the
4118	4118	department [commission].
4119	4119	SUBCHAPTER D. TERMINATION OF CONTROL
4120	4120	Sec. 245.151 [61.083. CONTRACTS WITH COUNTIES. (a) The
4121	4121	commission may make a contract with a county to use the services of
4122	4122	the county's juvenile probation department for the supervision of
4123	4123	children within the county who are on furlough from a commission
4124	4124	facility or who are released under supervision from a commission
4125	4125	facility.
4126	4126	[(b) The payments shall be made to the county treasurer on a
4127	4127	quarterly schedule.
4128	4128	[(c) The commission may not pay a county for supervision of
4129	4129	a child for any time after the child:
4130	4130	[(1) is discharged from the commission's custody;
4131	4131	[(2) is returned to a commission facility; or
4132	4132	[(3) transfers his or her residence to another county
4133	4133	or state.
4134	4134	[(d) A county that has a contract with the commission must
4135	4135	report to the commission on the status and progress of each child
4136	4136	for whom the county is receiving payments. The reports shall be
4137	4137	made at the time and in the manner specified by the contract.
4138	4138	[Sec. 61.084]. TERMINATION OF CONTROL. (a) Except as
4139	4139	provided by Subsections (b) and (c), if a person is committed to the
4140	4140	department [commission] under a determinate sentence under Section
4141	4141	54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
4142	4142	the department [commission] may not discharge the person from its
4143	4143	custody.
4144	4144	(b) The department [commission] shall discharge without a
4145	4145	court hearing a person committed to the department [it] for a
4146	4146	determinate sentence under Section 54.04(d)(3), Section 54.04(m),
4147	4147	or Section 54.05(f), Family Code, who has not been transferred to
4148	4148	the Texas Department of Criminal Justice under a court order on the
4149	4149	date that the time spent by the person in detention in connection
4150	4150	with the committing case plus the time spent at the department
4151	4151	[Texas Youth Commission] under the order of commitment equals the
4152	4152	period of the sentence.
4153	4153	(c) The department [commission] shall transfer to the Texas
4154	4154	Department of Criminal Justice a person who is the subject of an
4155	4155	order under Section 54.11(i)(2), Family Code, transferring the
4156	4156	person to the custody of the Texas Department of Criminal Justice
4157	4157	for the completion of the person's sentence.
4158	4158	(d) [(e)] Except as provided by Subsection (e) [(g)], the
4159	4159	department [commission] shall discharge from its custody a person
4160	4160	not already discharged on the person's 19th birthday.
4161	4161	(e) [(g)] The department [commission] shall transfer a
4162	4162	person who has been sentenced under a determinate sentence to
4163	4163	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
4164	4164	Family Code, or who has been returned to the department
4165	4165	[commission] under Section 54.11(i)(1), Family Code, to the custody
4166	4166	of the Texas Department of Criminal Justice on the person's 19th
4167	4167	birthday, if the person has not already been discharged or
4168	4168	transferred, to serve the remainder of the person's sentence on
4169	4169	parole as provided by Section 508.156, Government Code.
4170	4170	Sec. 245.152 [61.0841]. DETERMINATE SENTENCE PAROLE. (a)
4171	4171	Not later than the 90th day before the date the department
4172	4172	[commission] transfers a person to the custody of the Texas
4173	4173	Department of Criminal Justice for release on parole under Section
4174	4174	245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], the department
4175	4175	[commission] shall submit to the Texas Department of Criminal
4176	4176	Justice [department] all pertinent information relating to the
4177	4177	person, including:
4178	4178	(1) the juvenile court judgment;
4179	4179	(2) the circumstances of the person's offense;
4180	4180	(3) the person's previous social history and juvenile
4181	4181	court records;
4182	4182	(4) the person's physical and mental health record;
4183	4183	(5) a record of the person's conduct, employment
4184	4184	history, and attitude while committed to the department
4185	4185	[commission];
4186	4186	(6) a record of the sentence time served by the person
4187	4187	at the department [commission] and in a juvenile detention facility
4188	4188	in connection with the conduct for which the person was
4189	4189	adjudicated; and
4190	4190	(7) any written comments or information provided by
4191	4191	the department [commission], local officials, family members of the
4192	4192	person, victims of the offense, or the general public.
4193	4193	(b) The department [commission] shall provide instruction
4194	4194	for parole officers of the Texas Department of Criminal Justice
4195	4195	relating to juvenile programs at the department [commission]. The
4196	4196	department [commission] and the Texas Department of Criminal
4197	4197	Justice [department] shall enter into a memorandum of understanding
4198	4198	relating to the administration of this subsection.
4199	4199	(c) The Texas Department of Criminal Justice shall grant
4200	4200	credit for sentence time served by a person at the department
4201	4201	[commission] and in a juvenile detention facility, as recorded by
4202	4202	the department [commission] under Subsection (a)(6), in computing
4203	4203	the person's eligibility for parole and discharge from the Texas
4204	4204	Department of Criminal Justice [department].
4205	4205	SECTION 1.008. Subchapter I, Chapter 61, Human Resources
4206	4206	Code, is transferred to Subtitle C, Title 12, Human Resources Code,
4207	4207	as added by this Act, redesignated as Chapter 246, and amended to
4208	4208	read as follows:
4209	4209	CHAPTER 246 [SUBCHAPTER I]. INDUSTRIES PROGRAM
4210	4210	Sec. 246.001 [61.121]. PURPOSE; IMPLEMENTATION. The
4211	4211	purposes of the department [commission] industries program are:
4212	4212	(1) to provide adequate employment and vocational
4213	4213	training for children; and
4214	4214	(2) to develop and expand public and private
4215	4215	department [commission] industries.
4216	4216	Sec. 246.002 [61.122]. ADVISORY COMMITTEE. (a) A
4217	4217	department [commission] industries advisory committee is created
4218	4218	consisting of nine members appointed by the board [commission].
4219	4219	(b) Members serve staggered three-year terms, with the
4220	4220	terms of three members expiring February 1 of each odd-numbered
4221	4221	year.
4222	4222	(c) In making appointments under this section, the board
4223	4223	[commission] shall endeavor to include representatives of
4224	4224	industries appropriate for hiring children committed to the
4225	4225	department [commission].
4226	4226	Sec. 246.003 [61.123]. PAY AND DISTRIBUTION OF PAY. The
4227	4227	department [commission] shall apportion wages earned by a child
4228	4228	working under the industries program in amounts determined at the
4229	4229	discretion of the department [commission], in the following
4230	4230	priority:
4231	4231	(1) a person to whom the child has been ordered by a
4232	4232	court or to whom the child has agreed to pay restitution;
4233	4233	(2) a person to whom the child has been ordered by a
4234	4234	court to pay child support;
4235	4235	(3) the compensation to victims of crime fund or the
4236	4236	compensation to victims of crime auxiliary fund; and
4237	4237	(4) the child's student account.
4238	4238	Sec. 246.004 [61.124]. INDUSTRIES FUND. (a) A Texas
4239	4239	Juvenile Justice Department [Youth Commission] industries program
4240	4240	fund is created in the state treasury.
4241	4241	(b) Proceeds from the operation of the industries program
4242	4242	shall be deposited in the fund.
4243	4243	(c) Money from the fund may be appropriated only for use by
4244	4244	the department [commission] for the administration of this
4245	4245	subchapter.
4246	4246	[(d) Sections 403.094 and 403.095, Government Code, do not
4247	4247	apply to the fund.]
4248	4248	Sec. 246.005 [61.125]. CONTRACTS. To encourage the
4249	4249	development and expansion of the industries program, the department
4250	4250	[commission] may enter into necessary contracts related to the
4251	4251	program.
4252	4252	Sec. 246.006 [61.126]. DONATIONS. The industries program
4253	4253	may be financed through contributions donated for this purpose by
4254	4254	private businesses contracting with the department [commission].
4255	4255	Sec. 246.007 [61.127]. GRANTS. (a) The department
4256	4256	[commission] may accept a grant for the vocational rehabilitation
4257	4257	of children.
4258	4258	(b) The department [commission] shall maintain a record of
4259	4259	the receipt and disbursement of a grant and shall annually report to
4260	4260	the lieutenant governor and the speaker of the house of
4261	4261	representatives on the administration of grant funds.
4262	4262	Sec. 246.008 [61.128]. LEASE OF LAND. (a) The department
4263	4263	[commission] may lease land owned by the department [commission] to
4264	4264	a private business to expand and develop the industries program.
4265	4265	(b) The term of the lease may not exceed 20 years.
4266	4266	(c) The business must lease the land at fair market value.
4267	4267	(d) The business may construct a new facility on the land or
4268	4268	convert an existing facility.
4269	4269	Sec. 246.009 [Sec. 61.129. CERTIFICATION FOR FRANCHISE
4270	4270	CREDIT. The commission shall prepare and issue a certification
4271	4271	that a corporation requires for the franchise tax credit for wages
4272	4272	paid as provided by Subchapter M, Chapter 171, Tax Code.
4273	4273	[Sec. 61.130]. OPTIONAL AD VALOREM TAX ABATEMENT. (a) A
4274	4274	business contracting with the department [commission] may enter
4275	4275	into an ad valorem tax abatement agreement under Subchapters B and
4276	4276	C, Chapter 312, Tax Code, with the governing body of the
4277	4277	municipality and county in which the business is located.
4278	4278	(b) If an area in which businesses contracting with the
4279	4279	department [commission] under this subchapter is designated as a
4280	4280	reinvestment zone under Chapter 312, Tax Code, the area satisfies
4281	4281	Section 312.202(a)(6), Tax Code, in that the area would be
4282	4282	reasonably likely as a result of the designation to contribute to
4283	4283	the retention or expansion of primary employment or to attract
4284	4284	major investment in the zone that would be a benefit to the property
4285	4285	and that would contribute to the economic development of the entity
4286	4286	designating the area as a reinvestment zone.
4287	4287	SECTION 1.009. Title 12, Human Resources Code, as added by
4288	4288	this Act, is amended by adding Subtitle D, and a heading is added to
4289	4289	read as follows:
4290	4290	SUBTITLE D. INDEPENDENT OMBUDSMAN
4291	4291	SECTION 1.010. Chapter 64, Human Resources Code, is
4292	4292	transferred to Subtitle D, Title 12, Human Resources Code, as added
4293	4293	by this Act, redesignated as Chapter 261, and amended to read as
4294	4294	follows:
4295	4295	CHAPTER 261 [64]. [OFFICE OF] INDEPENDENT OMBUDSMAN
4296	4296	[OF THE TEXAS YOUTH COMMISSION]
4297	4297	SUBCHAPTER A. GENERAL PROVISIONS
4298	4298	Sec. 261.001 [64.001]. DEFINITIONS. In this chapter:
4299	4299	(1) ["Commission" means the Texas Youth Commission.
4300	4300	[(2)] "Independent ombudsman" means the individual
4301	4301	who has been appointed under this chapter to the office of
4302	4302	independent ombudsman.
4303	4303	(2) [(3)] "Office" means the office of independent
4304	4304	ombudsman created under this chapter.
4305	4305	Sec. 261.002 [64.002]. ESTABLISHMENT; PURPOSE. The office
4306	4306	of independent ombudsman is a state agency established for the
4307	4307	purpose of investigating, evaluating, and securing the rights of
4308	4308	the children committed to the department [commission], including a
4309	4309	child released under supervision before final discharge.
4310	4310	Sec. 261.003 [64.003]. INDEPENDENCE. (a) The independent
4311	4311	ombudsman in the performance of its duties and powers under this
4312	4312	chapter acts independently of the department [commission].
4313	4313	(b) Funding for the independent ombudsman is appropriated
4314	4314	separately from funding for the department [commission].
4315	4315	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
4316	4316	Sec. 261.051 [64.051]. APPOINTMENT OF INDEPENDENT
4317	4317	OMBUDSMAN. (a) The governor shall appoint the independent
4318	4318	ombudsman with the advice and consent of the senate for a term of
4319	4319	two years, expiring February 1 of odd-numbered years.
4320	4320	(b) A person appointed as independent ombudsman is eligible
4321	4321	for reappointment but may not serve more than three terms in that
4322	4322	capacity.
4323	4323	Sec. 261.052 [64.052]. ASSISTANTS. The independent
4324	4324	ombudsman may hire assistants to perform, under the direction of
4325	4325	the independent ombudsman, the same duties and exercise the same
4326	4326	powers as the independent ombudsman.
4327	4327	Sec. 261.053 [64.053]. CONFLICT OF INTEREST. (a) A person
4328	4328	may not serve as independent ombudsman or as an assistant to the
4329	4329	independent ombudsman if the person or the person's spouse:
4330	4330	(1) is employed by or participates in the management
4331	4331	of a business entity or other organization receiving funds from the
4332	4332	department [commission];
4333	4333	(2) owns or controls, directly or indirectly, any
4334	4334	interest in a business entity or other organization receiving funds
4335	4335	from the department [commission]; or
4336	4336	(3) uses or receives any amount of tangible goods,
4337	4337	services, or funds from the department [commission].
4338	4338	(b) A person may not serve as independent ombudsman or as an
4339	4339	assistant to the independent ombudsman if the person or the
4340	4340	person's spouse is required to register as a lobbyist under Chapter
4341	4341	305, Government Code, because of the person's activities for
4342	4342	compensation on behalf of a profession related to the operation of
4343	4343	the department [commission].
4344	4344	(c) A person may not serve as independent ombudsman or as an
4345	4345	assistant to the independent ombudsman if the person or the
4346	4346	person's spouse is an officer, employee, manager, or paid
4347	4347	consultant of a Texas trade association in the field of criminal or
4348	4348	juvenile justice.
4349	4349	(d) For the purposes of this section, a Texas trade
4350	4350	association is a nonprofit, cooperative, and voluntarily joined
4351	4351	association of business or professional competitors in this state
4352	4352	designed to assist its members and its industry or profession in
4353	4353	dealing with mutual business or professional problems and in
4354	4354	promoting their common interest.
4355	4355	Sec. 261.054 [64.054]. SUNSET PROVISION. [(a)] The office
4356	4356	is subject to review under Chapter 325, Government Code (Texas
4357	4357	Sunset Act), but is not abolished under that chapter. The office
4358	4358	shall be reviewed during the periods in which the Texas Juvenile
4359	4359	Justice Department or its successor agency [Texas Youth Commission]
4360	4360	is reviewed.
4361	4361	[(b) Notwithstanding Subsection (a), the Sunset Advisory
4362	4362	Commission shall focus its review of the office on compliance with
4363	4363	requirements placed on the office by legislation enacted by the
4364	4364	81st Legislature, Regular Session, 2009, that becomes law. This
4365	4365	subsection expires September 1, 2011.]
4366	4366	Sec. 261.055 [64.055]. REPORT. (a) The independent
4367	4367	ombudsman shall submit on a quarterly basis to the board, the
4368	4368	governor, the lieutenant governor, the state auditor, and each
4369	4369	member of the legislature a report that is both aggregated and
4370	4370	disaggregated by individual facility and describes:
4371	4371	(1) the work of the independent ombudsman;
4372	4372	(2) the results of any review or investigation
4373	4373	undertaken by the independent ombudsman, including reviews or
4374	4374	investigation of services contracted by the department
4375	4375	[commission]; and
4376	4376	(3) any recommendations that the independent
4377	4377	ombudsman has in relation to the duties of the independent
4378	4378	ombudsman.
4379	4379	(b) The independent ombudsman shall immediately report to
4380	4380	the board, the governor, the lieutenant governor, the speaker of
4381	4381	the house of representatives, the state auditor, and the office of
4382	4382	the inspector general of the department [commission] any
4383	4383	particularly serious or flagrant:
4384	4384	(1) case of abuse or injury of a child committed to the
4385	4385	department [commission];
4386	4386	(2) problem concerning the administration of a
4387	4387	department [commission] program or operation;
4388	4388	(3) problem concerning the delivery of services in a
4389	4389	facility operated by or under contract with the department
4390	4390	[commission]; or
4391	4391	(4) interference by the department [commission] with
4392	4392	an investigation conducted by the office.
4393	4393	Sec. 261.056 [64.056]. COMMUNICATION AND CONFIDENTIALITY.
4394	4394	(a) The department [commission] shall allow any child committed to
4395	4395	the department [commission] to communicate with the independent
4396	4396	ombudsman or an assistant to the ombudsman. The communication:
4397	4397	(1) may be in person, by mail, or by any other means;
4398	4398	and
4399	4399	(2) is confidential and privileged.
4400	4400	(b) The records of the independent ombudsman are
4401	4401	confidential, except that the independent ombudsman shall:
4402	4402	(1) share with the office of inspector general of the
4403	4403	department [commission] a communication with a child that may
4404	4404	involve the abuse or neglect of the child; and
4405	4405	(2) disclose its nonprivileged records if required by
4406	4406	a court order on a showing of good cause.
4407	4407	(c) The independent ombudsman may make reports relating to
4408	4408	an investigation public after the investigation is complete but
4409	4409	only if the names of all children, parents, and employees are
4410	4410	redacted from the report and remain confidential.
4411	4411	(d) The name, address, or other personally identifiable
4412	4412	information of a person who files a complaint with the office of
4413	4413	independent ombudsman, information generated by the office of
4414	4414	independent ombudsman in the course of an investigation, and
4415	4415	confidential records obtained by the office of independent
4416	4416	ombudsman are confidential and not subject to disclosure under
4417	4417	Chapter 552, Government Code, except that the information and
4418	4418	records, other than confidential information and records
4419	4419	concerning a pending law enforcement investigation or criminal
4420	4420	action, may be disclosed to the appropriate person if the office
4421	4421	determines that disclosure is:
4422	4422	(1) in the general public interest;
4423	4423	(2) necessary to enable the office to perform the
4424	4424	responsibilities provided under this section; or
4425	4425	(3) necessary to identify, prevent, or treat the abuse
4426	4426	or neglect of a child.
4427	4427	Sec. 261.057 [64.057]. PROMOTION OF AWARENESS OF OFFICE.
4428	4428	The independent ombudsman shall promote awareness among the public
4429	4429	and the children committed to the department [commission] of:
4430	4430	(1) how the office may be contacted;
4431	4431	(2) the purpose of the office; and
4432	4432	(3) the services the office provides.
4433	4433	Sec. 261.058 [64.058]. RULEMAKING AUTHORITY. (a) The
4434	4434	office by rule shall establish policies and procedures for the
4435	4435	operations of the office of independent ombudsman.
4436	4436	(b) The office and the board [commission] shall adopt rules
4437	4437	necessary to implement Section 261.060 [64.060], including rules
4438	4438	that establish procedures for the department [commission] to review
4439	4439	and comment on reports of the office and for the department
4440	4440	[commission] to expedite or eliminate review of and comment on a
4441	4441	report due to an emergency or a serious or flagrant circumstance
4442	4442	described by Section 261.055(b) [64.055(b)].
4443	4443	Sec. 261.059 [64.059]. AUTHORITY OF STATE AUDITOR. The
4444	4444	office is subject to audit by the state auditor in accordance with
4445	4445	Chapter 321, Government Code.
4446	4446	Sec. 261.060 [64.060]. REVIEW AND FORMAT OF REPORTS. (a)
4447	4447	The office shall accept, both before and after publication,
4448	4448	comments from the board [commission] concerning the following types
4449	4449	of reports published by the office under this chapter:
4450	4450	(1) the office's quarterly report under Section
4451	4451	261.055(a) [64.055(a)];
4452	4452	(2) reports concerning serious or flagrant
4453	4453	circumstances under Section 261.055(b) [64.055(b)]; and
4454	4454	(3) any other formal reports containing findings and
4455	4455	making recommendations concerning systemic issues that affect the
4456	4456	department [commission].
4457	4457	(b) The board [commission] may not submit comments under
4458	4458	Subsection (a) after the 30th day after the date the report on which
4459	4459	the board [commission] is commenting is published.
4460	4460	(c) The office shall ensure that reports described by
4461	4461	Subsection (a) are in a format to which the board [commission] can
4462	4462	easily respond.
4463	4463	(d) After receipt of comments under this section, the office
4464	4464	is not obligated to change any report or change the manner in which
4465	4465	the office performs the duties of the office.
4466	4466	Sec. 261.061 [64.061]. COMPLAINTS. (a) The office shall
4467	4467	maintain a system to promptly and efficiently act on complaints
4468	4468	filed with the office that relate to the operations or staff of the
4469	4469	office. The office shall maintain information about parties to the
4470	4470	complaint, the subject matter of the complaint, a summary of the
4471	4471	results of the review or investigation of the complaint, and the
4472	4472	disposition of the complaint.
4473	4473	(b) The office shall make information available describing
4474	4474	its procedures for complaint investigation and resolution.
4475	4475	(c) The office shall periodically notify the complaint
4476	4476	parties of the status of the complaint until final disposition.
4477	4477	SUBCHAPTER C. DUTIES AND POWERS
4478	4478	Sec. 261.101 [64.101]. DUTIES AND POWERS. (a) The
4479	4479	independent ombudsman shall:
4480	4480	(1) review the procedures established by the board
4481	4481	[commission] and evaluate the delivery of services to children to
4482	4482	ensure that the rights of children are fully observed;
4483	4483	(2) review complaints filed with the independent
4484	4484	ombudsman concerning the actions of the department [commission] and
4485	4485	investigate each complaint in which it appears that a child may be
4486	4486	in need of assistance from the independent ombudsman;
4487	4487	(3) conduct investigations of complaints, other than
4488	4488	complaints alleging criminal behavior, if the office determines
4489	4489	that:
4490	4490	(A) a child committed to the department
4491	4491	[commission] or the child's family may be in need of assistance from
4492	4492	the office; or
4493	4493	(B) a systemic issue in the department's
4494	4494	[commission's] provision of services is raised by a complaint;
4495	4495	(4) review or inspect periodically the facilities and
4496	4496	procedures of any institution or residence in which a child has been
4497	4497	placed by the department [commission], whether public or private,
4498	4498	to ensure that the rights of children are fully observed;
4499	4499	(5) provide assistance to a child or family who the
4500	4500	independent ombudsman determines is in need of assistance,
4501	4501	including advocating with an agency, provider, or other person in
4502	4502	the best interests of the child;
4503	4503	(6) review court orders as necessary to fulfill its
4504	4504	duties;
4505	4505	(7) recommend changes in any procedure relating to the
4506	4506	treatment of children committed to the department [commission];
4507	4507	(8) make appropriate referrals under any of the duties
4508	4508	and powers listed in this subsection; [and]
4509	4509	(9) supervise assistants who are serving as advocates
4510	4510	in their representation of children committed to the department
4511	4511	[commission] in internal administrative and disciplinary hearings;
4512	4512	(10) review reports received by the department
4513	4513	relating to complaints regarding juvenile probation programs,
4514	4514	services, or facilities and analyze the data contained in the
4515	4515	reports to identify trends in complaints; and
4516	4516	(11) report a possible standards violation by a local
4517	4517	probation department to the appropriate division of the department.
4518	4518	(b) The independent ombudsman may apprise persons who are
4519	4519	interested in a child's welfare of the rights of the child.
4520	4520	(c) To assess if a child's rights have been violated, the
4521	4521	independent ombudsman may, in any matter that does not involve
4522	4522	alleged criminal behavior, contact or consult with an
4523	4523	administrator, employee, child, parent, expert, or any other
4524	4524	individual in the course of its investigation or to secure
4525	4525	information.
4526	4526	(d) Notwithstanding any other provision of this chapter,
4527	4527	the independent ombudsman may not investigate alleged criminal
4528	4528	behavior.
4529	4529	(e) Notwithstanding any other provision of this chapter,
4530	4530	the powers of the office are limited to facilities operated and
4531	4531	services provided by the department under Subtitle C.
4532	4532	Sec. 261.102 [64.102]. TREATMENT OF DEPARTMENT
4533	4533	[COMMISSION] EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN.
4534	4534	The department [commission] may not discharge or in any manner
4535	4535	discriminate or retaliate against an employee who in good faith
4536	4536	makes a complaint to the office of independent ombudsman or
4537	4537	cooperates with the office in an investigation.
4538	4538	Sec. 261.103 [64.103]. TRAINING. The independent
4539	4539	ombudsman shall attend annual sessions, including the training
4540	4540	curriculum for juvenile correctional officers required under
4541	4541	Section 242.009 [61.0356], and may participate in other appropriate
4542	4542	professional training.
4543	4543	Sec. 261.104 [64.104]. MEMORANDUM OF UNDERSTANDING. (a)
4544	4544	The office and the department [commission] shall enter into a
4545	4545	memorandum of understanding concerning:
4546	4546	(1) the most efficient manner in which to share
4547	4547	information with one another; and
4548	4548	(2) the procedures for handling overlapping
4549	4549	monitoring duties and activities performed by the office and the
4550	4550	department [commission].
4551	4551	(b) The memorandum of understanding entered into under
4552	4552	Subsection (a), at a minimum, must:
4553	4553	(1) address the interaction of the office with that
4554	4554	portion of the department [commission] that conducts an internal
4555	4555	audit under Section 203.013 [61.0331];
4556	4556	(2) address communication between the office and the
4557	4557	department [commission] concerning individual situations involving
4558	4558	children committed to the department [commission] and how those
4559	4559	situations will be documented and handled;
4560	4560	(3) contain guidelines on the office's role in
4561	4561	relevant working groups and policy development decisions at the
4562	4562	department [commission];
4563	4563	(4) ensure opportunities for sharing information
4564	4564	between the office and the department [commission] for the purposes
4565	4565	of assuring quality and improving programming within the department
4566	4566	[commission]; and
4567	4567	(5) preserve the independence of the office by
4568	4568	authorizing the office to withhold information concerning matters
4569	4569	under active investigation by the office from the department
4570	4570	[commission] and department [commission] staff and to report the
4571	4571	information to the board and the governor.
4572	4572	SUBCHAPTER D. ACCESS TO INFORMATION
4573	4573	Sec. 261.151 [64.151]. ACCESS TO INFORMATION OF
4574	4574	GOVERNMENTAL ENTITIES. (a) The [commission shall allow the]
4575	4575	independent ombudsman has access to the department's [its] records
4576	4576	relating to the children committed to the department [commission].
4577	4577	(b) The Department of Public Safety shall allow the
4578	4578	independent ombudsman access to the juvenile justice information
4579	4579	system established under Subchapter B, Chapter 58, Family Code.
4580	4580	(c) A local law enforcement agency shall allow the
4581	4581	independent ombudsman access to its records relating to any child
4582	4582	in the care or custody of the department [commission].
4583	4583	Sec. 261.152 [64.152]. ACCESS TO INFORMATION OF PRIVATE
4584	4584	ENTITIES. The independent ombudsman shall have access to the
4585	4585	records of a private entity that relate to a child committed to the
4586	4586	department [commission].
4587	4587	SECTION 1.011. Section 61.020(a), Human Resources Code, is
4588	4588	amended to read as follows:
4589	4589	(a) The Texas Youth Commission [is subject to Chapter 325,
4590	4590	Government Code (Texas Sunset Act). Unless continued in existence
4591	4591	as provided by that chapter, the commission] is abolished on
4592	4592	December [and this chapter expires September] 1, 2011.
4593	4593	SECTION 1.012. Section 141.012(a), Human Resources Code, is
4594	4594	amended to read as follows:
4595	4595	(a) The Texas Juvenile Probation Commission [is subject to
4596	4596	Chapter 325, Government Code (Texas Sunset Act). Unless continued
4597	4597	in existence as provided by that chapter, the commission] is
4598	4598	abolished on December [and this chapter expires September] 1, 2011.
4599	4599	ARTICLE 2. MISCELLANEOUS PROVISIONS
4600	4600	SECTION 2.001. Section 51.126, Family Code, is amended by
4601	4601	amending Subsections (b), (c), (d), and (e) and adding Subsection
4602	4602	(f) to read as follows:
4603	4603	(b) In each county, each judge of the juvenile court and a
4604	4604	majority of the members of the juvenile board shall personally
4605	4605	inspect, at least annually, all nonsecure correctional facilities
4606	4606	that are located in the county and shall certify in writing to the
4607	4607	authorities responsible for operating and giving financial support
4608	4608	to the facilities and to the Texas Juvenile Justice Department
4609	4609	[Probation Commission] that the facility or facilities are suitable
4610	4610	or unsuitable for the confinement of children. In determining
4611	4611	whether a facility is suitable or unsuitable for the confinement of
4612	4612	children, the juvenile court judges and juvenile board members
4613	4613	shall consider:
4614	4614	(1) current monitoring and inspection reports and any
4615	4615	noncompliance citation reports issued by the Texas Juvenile Justice
4616	4616	Department [Probation Commission], including the report provided
4617	4617	under Subsection (c), and the status of any required corrective
4618	4618	actions; and
4619	4619	(2) the other factors described under Sections
4620	4620	51.12(c)(2)-(7).
4621	4621	(c) The Texas Juvenile Justice Department [Probation
4622	4622	Commission] shall annually inspect each nonsecure correctional
4623	4623	facility. The Texas Juvenile Justice Department [Probation
4624	4624	Commission] shall provide a report to each juvenile court judge
4625	4625	presiding in the same county as an inspected facility indicating
4626	4626	whether the facility is suitable or unsuitable for the confinement
4627	4627	of children in accordance with minimum professional standards for
4628	4628	the confinement of children in nonsecure confinement promulgated by
4629	4629	the Texas Juvenile Justice Department [Probation Commission] or, at
4630	4630	the election of the juvenile board of the county in which the
4631	4631	facility is located, the current standards promulgated by the
4632	4632	American Correctional Association.
4633	4633	(d) A governmental unit or private entity that operates or
4634	4634	contracts for the operation of a juvenile nonsecure correctional
4635	4635	facility in this state under Subsection (a), except for a facility
4636	4636	operated by or under contract with the Texas Juvenile Justice
4637	4637	Department [Texas Youth Commission], shall:
4638	4638	(1) register the facility annually with the Texas
4639	4639	Juvenile Justice Department [Probation Commission]; and
4640	4640	(2) adhere to all applicable minimum standards for the
4641	4641	facility.
4642	4642	(e) The Texas Juvenile Justice Department [Probation
4643	4643	Commission] may deny, suspend, or revoke the registration of any
4644	4644	facility required to register under Subsection (d) if the facility
4645	4645	fails to:
4646	4646	(1) adhere to all applicable minimum standards for the
4647	4647	facility; or
4648	4648	(2) timely correct any notice of noncompliance with
4649	4649	minimum standards.
4650	4650	(f) In this section, "Texas Juvenile Justice Department"
4651	4651	means the Texas Juvenile Probation Commission. This subsection
4652	4652	expires December 1, 2011.
4653	4653	SECTION 2.002. Section 58.403, Family Code, is amended by
4654	4654	adding Subsection (d) to read as follows:
4655	4655	(d) Subchapter L, Chapter 2054, Government Code, does not
4656	4656	apply to the statewide juvenile information and case management
4657	4657	system created under this subchapter.
4658	4658	SECTION 2.003. Section 614.017(c)(1), Health and Safety
4659	4659	Code, is amended to read as follows:
4660	4660	(1) "Agency" includes any of the following entities
4661	4661	and individuals, a person with an agency relationship with one of
4662	4662	the following entities or individuals, and a person who contracts
4663	4663	with one or more of the following entities or individuals:
4664	4664	(A) the Texas Department of Criminal Justice and
4665	4665	the Correctional Managed Health Care Committee;
4666	4666	(B) the Board of Pardons and Paroles;
4667	4667	(C) the Department of State Health Services;
4668	4668	(D) the Texas Juvenile Justice Department
4669	4669	[Probation Commission];
4670	4670	(E) [the Texas Youth Commission;
4671	4671	[(F)] the Department of Assistive and
4672	4672	Rehabilitative Services;
4673	4673	(F) [(G)] the Texas Education Agency;
4674	4674	(G) [(H)] the Commission on Jail Standards;
4675	4675	(H) [(I)] the Department of Aging and Disability
4676	4676	Services;
4677	4677	(I) [(J)] the Texas School for the Blind and
4678	4678	Visually Impaired;
4679	4679	(J) [(K)] community supervision and corrections
4680	4680	departments and local juvenile probation departments;
4681	4681	(K) [(L)] personal bond pretrial release offices
4682	4682	established under Article 17.42, Code of Criminal Procedure;
4683	4683	(L) [(M)] local jails regulated by the
4684	4684	Commission on Jail Standards;
4685	4685	(M) [(N)] a municipal or county health
4686	4686	department;
4687	4687	(N) [(O)] a hospital district;
4688	4688	(O) [(P)] a judge of this state with jurisdiction
4689	4689	over juvenile or criminal cases;
4690	4690	(P) [(Q)] an attorney who is appointed or
4691	4691	retained to represent a special needs offender or a juvenile with a
4692	4692	mental impairment;
4693	4693	(Q) [(R)] the Health and Human Services
4694	4694	Commission;
4695	4695	(R) [(S)] the Department of Information
4696	4696	Resources;
4697	4697	(S) [(T)] the bureau of identification and
4698	4698	records of the Department of Public Safety, for the sole purpose of
4699	4699	providing real-time, contemporaneous identification of individuals
4700	4700	in the Department of State Health Services client data base; and
4701	4701	(T) [(U)] the Department of Family and
4702	4702	Protective Services.
4703	4703	SECTION 2.004. Sections 614.018(a) and (b), Health and
4704	4704	Safety Code, are amended to read as follows:
4705	4705	(a) The Texas Juvenile Justice Department [Probation
4706	4706	Commission, the Texas Youth Commission], the Department of Public
4707	4707	Safety, the Department of State Health Services, the Department of
4708	4708	Aging and Disability Services, the Department of Family and
4709	4709	Protective Services, the Texas Education Agency, and local juvenile
4710	4710	probation departments shall adopt a memorandum of understanding
4711	4711	that establishes their respective responsibilities to institute a
4712	4712	continuity of care and service program for juveniles with mental
4713	4713	impairments in the juvenile justice system. The Texas Correctional
4714	4714	Office on Offenders with Medical and Mental Impairments shall
4715	4715	coordinate and monitor the development and implementation of the
4716	4716	memorandum of understanding.
4717	4717	(b) The memorandum of understanding must establish methods
4718	4718	for:
4719	4719	(1) identifying juveniles with mental impairments in
4720	4720	the juvenile justice system and collecting and reporting relevant
4721	4721	data to the office;
4722	4722	(2) developing interagency rules, policies, and
4723	4723	procedures for the coordination of care of and the exchange of
4724	4724	information on juveniles with mental impairments who are committed
4725	4725	to or treated, served, or supervised by the [Texas Youth
4726	4726	Commission, the] Texas Juvenile Justice Department [Probation
4727	4727	Commission], the Department of Public Safety, the Department of
4728	4728	State Health Services, the Department of Family and Protective
4729	4729	Services, the Department of Aging and Disability Services, the
4730	4730	Texas Education Agency, local juvenile probation departments,
4731	4731	local mental health or mental retardation authorities, and
4732	4732	independent school districts; and
4733	4733	(3) identifying the services needed by juveniles with
4734	4734	mental impairments in the juvenile justice system.
4735	4735	ARTICLE 3. CONFORMING AMENDMENTS
4736	4736	SECTION 3.001. Article 2.12, Code of Criminal Procedure, is
4737	4737	amended to read as follows:
4738	4738	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
4739	4739	officers:
4740	4740	(1) sheriffs, their deputies, and those reserve
4741	4741	deputies who hold a permanent peace officer license issued under
4742	4742	Chapter 1701, Occupations Code;
4743	4743	(2) constables, deputy constables, and those reserve
4744	4744	deputy constables who hold a permanent peace officer license issued
4745	4745	under Chapter 1701, Occupations Code;
4746	4746	(3) marshals or police officers of an incorporated
4747	4747	city, town, or village, and those reserve municipal police officers
4748	4748	who hold a permanent peace officer license issued under Chapter
4749	4749	1701, Occupations Code;
4750	4750	(4) rangers and officers commissioned by the Public
4751	4751	Safety Commission and the Director of the Department of Public
4752	4752	Safety;
4753	4753	(5) investigators of the district attorneys', criminal
4754	4754	district attorneys', and county attorneys' offices;
4755	4755	(6) law enforcement agents of the Texas Alcoholic
4756	4756	Beverage Commission;
4757	4757	(7) each member of an arson investigating unit
4758	4758	commissioned by a city, a county, or the state;
4759	4759	(8) officers commissioned under Section 37.081,
4760	4760	Education Code, or Subchapter E, Chapter 51, Education Code;
4761	4761	(9) officers commissioned by the General Services
4762	4762	Commission;
4763	4763	(10) law enforcement officers commissioned by the
4764	4764	Parks and Wildlife Commission;
4765	4765	(11) airport police officers commissioned by a city
4766	4766	with a population of more than 1.18 million that operates an airport
4767	4767	that serves commercial air carriers;
4768	4768	(12) airport security personnel commissioned as peace
4769	4769	officers by the governing body of any political subdivision of this
4770	4770	state, other than a city described by Subdivision (11), that
4771	4771	operates an airport that serves commercial air carriers;
4772	4772	(13) municipal park and recreational patrolmen and
4773	4773	security officers;
4774	4774	(14) security officers and investigators commissioned
4775	4775	as peace officers by the comptroller;
4776	4776	(15) officers commissioned by a water control and
4777	4777	improvement district under Section 49.216, Water Code;
4778	4778	(16) officers commissioned by a board of trustees
4779	4779	under Chapter 54, Transportation Code;
4780	4780	(17) investigators commissioned by the Texas Medical
4781	4781	Board;
4782	4782	(18) officers commissioned by the board of managers of
4783	4783	the Dallas County Hospital District, the Tarrant County Hospital
4784	4784	District, or the Bexar County Hospital District under Section
4785	4785	281.057, Health and Safety Code;
4786	4786	(19) county park rangers commissioned under
4787	4787	Subchapter E, Chapter 351, Local Government Code;
4788	4788	(20) investigators employed by the Texas Racing
4789	4789	Commission;
4790	4790	(21) officers commissioned under Chapter 554,
4791	4791	Occupations Code;
4792	4792	(22) officers commissioned by the governing body of a
4793	4793	metropolitan rapid transit authority under Section 451.108,
4794	4794	Transportation Code, or by a regional transportation authority
4795	4795	under Section 452.110, Transportation Code;
4796	4796	(23) investigators commissioned by the attorney
4797	4797	general under Section 402.009, Government Code;
4798	4798	(24) security officers and investigators commissioned
4799	4799	as peace officers under Chapter 466, Government Code;
4800	4800	(25) an officer employed by the Department of State
4801	4801	Health Services under Section 431.2471, Health and Safety Code;
4802	4802	(26) officers appointed by an appellate court under
4803	4803	Subchapter F, Chapter 53, Government Code;
4804	4804	(27) officers commissioned by the state fire marshal
4805	4805	under Chapter 417, Government Code;
4806	4806	(28) an investigator commissioned by the commissioner
4807	4807	of insurance under Section 701.104, Insurance Code;
4808	4808	(29) apprehension specialists and inspectors general
4809	4809	commissioned by the Texas Juvenile Justice Department [Texas Youth
4810	4810	Commission] as officers under Sections 242.102 and 243.052 [61.0451
4811	4811	and 61.0931], Human Resources Code;
4812	4812	(30) officers appointed by the inspector general of
4813	4813	the Texas Department of Criminal Justice under Section 493.019,
4814	4814	Government Code;
4815	4815	(31) investigators commissioned by the Commission on
4816	4816	Law Enforcement Officer Standards and Education under Section
4817	4817	1701.160, Occupations Code;
4818	4818	(32) commission investigators commissioned by the
4819	4819	Texas Private Security Board under Section 1702.061(f),
4820	4820	Occupations Code;
4821	4821	(33) the fire marshal and any officers, inspectors, or
4822	4822	investigators commissioned by an emergency services district under
4823	4823	Chapter 775, Health and Safety Code;
4824	4824	(34) officers commissioned by the State Board of
4825	4825	Dental Examiners under Section 254.013, Occupations Code, subject
4826	4826	to the limitations imposed by that section;
4827	4827	(35) investigators commissioned by the Texas Juvenile
4828	4828	Justice Department [Probation Commission] as officers under
4829	4829	Section 221.011 [141.055], Human Resources Code; and
4830	4830	(36) the fire marshal and any related officers,
4831	4831	inspectors, or investigators commissioned by a county under
4832	4832	Subchapter B, Chapter 352, Local Government Code.
4833	4833	SECTION 3.002. Section 5(d), Article 18.20, Code of
4834	4834	Criminal Procedure, is amended to read as follows:
4835	4835	(d) The Texas Juvenile Justice Department [Youth
4836	4836	Commission] may own electronic, mechanical, or other devices for a
4837	4837	use or purpose authorized by Section 242.103 [61.0455], Human
4838	4838	Resources Code, and the inspector general of the Texas Juvenile
4839	4839	Justice Department [Youth Commission], a commissioned officer of
4840	4840	that office, or another person acting in the presence and under the
4841	4841	direction of a commissioned officer of that office may possess,
4842	4842	install, operate, or monitor those devices as provided by Section
4843	4843	242.103 [61.0455].
4844	4844	SECTION 3.003. Section 29.012(e), Education Code, is
4845	4845	amended to read as follows:
4846	4846	(e) This section does not apply to a residential treatment
4847	4847	facility for juveniles established under Section 221.056
4848	4848	[141.059], Human Resources Code.
4849	4849	SECTION 3.004. Section 51.13(c), Family Code, is amended to
4850	4850	read as follows:
4851	4851	(c) A child may not be committed or transferred to a penal
4852	4852	institution or other facility used primarily for the execution of
4853	4853	sentences of persons convicted of crime, except:
4854	4854	(1) for temporary detention in a jail or lockup
4855	4855	pending juvenile court hearing or disposition under conditions
4856	4856	meeting the requirements of Section 51.12 of this code;
4857	4857	(2) after transfer for prosecution in criminal court
4858	4858	under Section 54.02 of this code; or
4859	4859	(3) after transfer from the Texas Juvenile Justice
4860	4860	Department [Youth Commission] under Section 245.151(c) [61.084],
4861	4861	Human Resources Code.
4862	4862	SECTION 3.005. Section 51.21(a), Family Code, is amended to
4863	4863	read as follows:
4864	4864	(a) A probation department that administers the mental
4865	4865	health screening instrument or clinical assessment required by
4866	4866	Section 221.003 [141.042(e)], Human Resources Code, shall refer the
4867	4867	child to the local mental health authority for assessment and
4868	4868	evaluation if:
4869	4869	(1) the child's scores on the screening instrument or
4870	4870	clinical assessment indicate a need for further mental health
4871	4871	assessment and evaluation; and
4872	4872	(2) the department and child do not have access to an
4873	4873	internal, contract, or private mental health professional.
4874	4874	SECTION 3.006. Section 53.045(d), Family Code, is amended
4875	4875	to read as follows:
4876	4876	(d) If the grand jury approves of the petition, the fact of
4877	4877	approval shall be certified to the juvenile court, and the
4878	4878	certification shall be entered in the record of the case. For the
4879	4879	purpose of the transfer of a child to the Texas Department of
4880	4880	Criminal Justice as provided by Section 245.151(c) [61.084(c)],
4881	4881	Human Resources Code, a juvenile court petition approved by a grand
4882	4882	jury under this section is an indictment presented by the grand
4883	4883	jury.
4884	4884	SECTION 3.007. Sections 54.11(a), (h), (i), and (j), Family
4885	4885	Code, are amended to read as follows:
4886	4886	(a) On receipt of a referral under Section 244.014(a)
4887	4887	[61.079(a)], Human Resources Code, for the transfer to the Texas
4888	4888	Department of Criminal Justice of a person committed to the Texas
4889	4889	Juvenile Justice Department [Youth Commission] under Section
4890	4890	54.04(d)(3), 54.04(m), or 54.05(f), or on receipt of a request by
4891	4891	the Texas Juvenile Justice Department [commission] under Section
4892	4892	245.051(d) [61.081(g)], Human Resources Code, for approval of the
4893	4893	release under supervision of a person committed to the Texas
4894	4894	Juvenile Justice Department [commission] under Section
4895	4895	54.04(d)(3), 54.04(m), or 54.05(f), the court shall set a time and
4896	4896	place for a hearing on the release of the person.
4897	4897	(h) The hearing on a person who is referred for transfer
4898	4898	under Section 244.014(a) [61.079(a)], Human Resources Code, shall
4899	4899	be held not later than the 60th day after the date the court
4900	4900	receives the referral.
4901	4901	(i) On conclusion of the hearing on a person who is referred
4902	4902	for transfer under Section 244.014(a) [61.079(a)], Human Resources
4903	4903	Code, the court may order:
4904	4904	(1) the return of the person to the Texas Juvenile
4905	4905	Justice Department [Youth Commission]; or
4906	4906	(2) the transfer of the person to the custody of the
4907	4907	Texas Department of Criminal Justice for the completion of the
4908	4908	person's sentence.
4909	4909	(j) On conclusion of the hearing on a person who is referred
4910	4910	for release under supervision under Section 245.051(c)
4911	4911	[61.081(f)], Human Resources Code, the court may order the return
4912	4912	of the person to the Texas Juvenile Justice Department [Youth
4913	4913	Commission]:
4914	4914	(1) with approval for the release of the person under
4915	4915	supervision; or
4916	4916	(2) without approval for the release of the person
4917	4917	under supervision.
4918	4918	SECTION 3.008. Section 58.003(g-1), Family Code, is amended
4919	4919	to read as follows:
4920	4920	(g-1) Any records collected or maintained by the Texas
4921	4921	Juvenile Justice Department [Probation Commission], including
4922	4922	statistical data submitted under Section 221.007 [141.044], Human
4923	4923	Resources Code, are not subject to a sealing order issued under this
4924	4924	section.
4925	4925	SECTION 3.009. Section 58.0072(b), Family Code, is amended
4926	4926	to read as follows:
4927	4927	(b) Juvenile justice information consists of information of
4928	4928	the type described by Section 58.104, including statistical data in
4929	4929	any form or medium collected, maintained, or submitted to the Texas
4930	4930	Juvenile Justice Department [Probation Commission] under Section
4931	4931	221.007 [141.044], Human Resources Code.
4932	4932	SECTION 3.010. Section 41.310(b), Government Code, is
4933	4933	amended to read as follows:
4934	4934	(b) In addition to the duties prescribed by Subsection (a),
4935	4935	the counsellor shall on a quarterly basis provide the board of
4936	4936	directors and the standing committees of the senate and house of
4937	4937	representatives with primary jurisdiction over matters concerning
4938	4938	correctional facilities with a report concerning offenses or
4939	4939	delinquent conduct prosecuted by the unit on receiving a request
4940	4940	for assistance under Section 241.007 [61.098], Human Resources
4941	4941	Code, or a request for assistance otherwise from a prosecuting
4942	4942	attorney. A report under this subsection is public information
4943	4943	under Chapter 552, Government Code, and the board of directors
4944	4944	shall request that the commission publish the report on the
4945	4945	commission's Internet website. A report must be both aggregated
4946	4946	and disaggregated by individual facility and include information
4947	4947	relating to:
4948	4948	(1) the number of requests for assistance received
4949	4949	under Section 241.007 [61.098], Human Resources Code, and requests
4950	4950	for assistance otherwise received from prosecuting attorneys;
4951	4951	(2) the number of cases investigated and the number of
4952	4952	cases prosecuted;
4953	4953	(3) the types and outcomes of cases prosecuted, such
4954	4954	as whether the case concerned narcotics or an alleged incident of
4955	4955	sexual abuse; and
4956	4956	(4) the relationship of a victim to a perpetrator, if
4957	4957	applicable.
4958	4958	SECTION 3.011. Section 411.1141(a), Government Code, is
4959	4959	amended to read as follows:
4960	4960	(a) The Texas Juvenile Justice Department [Youth
4961	4961	Commission] is entitled to obtain from the department criminal
4962	4962	history record information maintained by the department that
4963	4963	relates to a person described by Section 242.010(b) [61.0357(b)],
4964	4964	Human Resources Code.
4965	4965	SECTION 3.012. Section 493.017(d), Government Code, is
4966	4966	amended to read as follows:
4967	4967	(d) A sex offender correction program that provides
4968	4968	counseling sessions for a child who is released under supervision
4969	4969	under Section 245.053 [61.0813], Human Resources Code, shall report
4970	4970	to the Texas Juvenile Justice Department [Youth Commission], not
4971	4971	later than the 15th day of each month, the following information
4972	4972	about the child:
4973	4973	(1) the total number of counseling sessions attended
4974	4974	by the child during the preceding month; and
4975	4975	(2) if during the preceding month the child terminates
4976	4976	participation in the program before completing counseling, the
4977	4977	reason for the child's termination of counseling or that the reason
4978	4978	for the termination of counseling is unknown.
4979	4979	SECTION 3.013. Section 499.053, Government Code, is amended
4980	4980	to read as follows:
4981	4981	Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE
4982	4982	DEPARTMENT [YOUTH COMMISSION]. (a) The department [institutional
4983	4983	division] shall accept persons transferred to the department
4984	4984	[division] from the Texas Juvenile Justice Department [Youth
4985	4985	Commission] under Section 245.151 [61.084], Human Resources Code.
4986	4986	(b) A person transferred to the department [institutional
4987	4987	division] from the Texas Juvenile Justice Department [Youth
4988	4988	Commission] is entitled to credit on the person's sentence for the
4989	4989	time served in the custody of the Texas Juvenile Justice Department
4990	4990	[youth commission].
4991	4991	(c) All laws relating to good conduct time and eligibility
4992	4992	for release on parole or mandatory supervision apply to a person
4993	4993	transferred to the department [institutional division] by the Texas
4994	4994	Juvenile Justice Department [youth commission] as if the time the
4995	4995	person was detained in a detention facility and the time the person
4996	4996	served in the custody of the Texas Juvenile Justice Department
4997	4997	[youth commission] was time served in the custody of the department
4998	4998	[division].
4999	4999	(d) A person transferred from the Texas Juvenile Justice
5000	5000	Department [Youth Commission] for the offense of capital murder
5001	5001	shall become eligible for parole as provided in Section 508.145(d)
5002	5002	for an offense listed in Section 3g, Article 42.12, Code of Criminal
5003	5003	Procedure, or an offense for which a deadly weapon finding has been
5004	5004	made.
5005	5005	SECTION 3.014. Section 508.156(a), Government Code, is
5006	5006	amended to read as follows:
5007	5007	(a) Before the release of a person who is transferred under
5008	5008	Section 245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], Human
5009	5009	Resources Code, to the department [division] for release on parole,
5010	5010	a parole panel shall review the person's records and may interview
5011	5011	the person or any other person the panel considers necessary to
5012	5012	determine the conditions of parole. The panel may impose any
5013	5013	reasonable condition of parole on the person that the panel may
5014	5014	impose on an adult inmate under this chapter.
5015	5015	SECTION 3.015. Section 614.019(c), Health and Safety Code,
5016	5016	is amended to read as follows:
5017	5017	(c) A child with mental illness or mental retardation who is
5018	5018	discharged from the Texas Juvenile Justice Department [Youth
5019	5019	Commission] under Section 244.011 [61.077], Human Resources Code,
5020	5020	may receive continuity of care services from the office for a
5021	5021	minimum of 90 days after discharge from the commission and for as
5022	5022	long as necessary for the child to demonstrate sufficient stability
5023	5023	to transition successfully to mental health or mental retardation
5024	5024	services provided by a local mental health or mental retardation
5025	5025	authority.
5026	5026	SECTION 3.016. Section 152.0007(b), Human Resources Code,
5027	5027	is amended to read as follows:
5028	5028	(b) The board may establish guidelines for the initial
5029	5029	assessment of a child by the juvenile probation department. The
5030	5030	guidelines shall provide a means for assessing a child's mental
5031	5031	health status, family background, and level of education. The
5032	5032	guidelines shall assist the probation department in determining
5033	5033	whether a comprehensive psychological evaluation of the child
5034	5034	should be conducted. The board shall require that probation
5035	5035	department personnel use assessment information compiled by the
5036	5036	child's school, if the information is available, before conducting
5037	5037	a comprehensive psychological evaluation of the child. The board
5038	5038	may adopt all or part of the Texas Juvenile Justice Department's
5039	5039	[Juvenile Probation Commission's] minimum standards for assessment
5040	5040	under Section 221.002 [141.042] in complying with this subsection.
5041	5041	SECTION 3.017. Section 152.0011, Human Resources Code, is
5042	5042	amended to read as follows:
5043	5043	Sec. 152.0011. LOCAL YOUTH BOOT CAMPS; CONTRACTS WITH
5044	5044	PRIVATE VENDORS. (a) The juvenile board or local juvenile
5045	5045	probation department may establish a youth boot camp and employ
5046	5046	necessary personnel to operate the camp.
5047	5047	(b) The juvenile board or local juvenile probation
5048	5048	department may contract with a private vendor for the financing,
5049	5049	construction, operation, maintenance, or management of a youth boot
5050	5050	camp [in the same manner as the state. The juvenile board may not
5051	5051	award a contract under this subsection unless the board requests
5052	5052	proposals and receives a proposal that meets or exceeds, in
5053	5053	addition to requirements specified in the request for proposals,
5054	5054	the requirements specified in Section 141.0434.
5055	5055	[(c) A juvenile board youth boot camp must offer a program
5056	5056	that complies with the requirements of the youth boot camps set
5057	5057	forth in Section 141.0432].
5058	5058	(c) [(d)] If a juvenile board or its designee determines
5059	5059	that a child is not complying with the rules of conduct promulgated
5060	5060	by the board [commission] or is medically or psychologically
5061	5061	unsuitable for the program, the board shall terminate the child's
5062	5062	participation in the program and request the sentencing court to
5063	5063	reassume custody of the child.
5064	5064	SECTION 3.018. Section 152.0301(f), Human Resources Code,
5065	5065	is amended to read as follows:
5066	5066	(f) The juvenile board shall ensure that the chief juvenile
5067	5067	officer and fiscal officer:
5068	5068	(1) keep the financial and statistical records and
5069	5069	submit reports to the Texas Juvenile Justice Department [Probation
5070	5070	Commission] as prescribed by Section 221.007 [141.044]; and
5071	5071	(2) submit periodic financial and statistical reports
5072	5072	to the county commissioners court.
5073	5073	SECTION 3.019. Section 152.0791(g), Human Resources Code,
5074	5074	is amended to read as follows:
5075	5075	(g) The juvenile board shall ensure that the chief juvenile
5076	5076	officer and fiscal officer:
5077	5077	(1) keep the financial and statistical records and
5078	5078	submit reports to the Texas Juvenile Justice Department [Probation
5079	5079	Commission] as prescribed by Section 221.007 [141.044]; and
5080	5080	(2) submit periodic financial and statistical reports
5081	5081	to the commissioners courts.
5082	5082	SECTION 3.020. Section 152.1371(f), Human Resources Code,
5083	5083	is amended to read as follows:
5084	5084	(f) The juvenile board shall ensure that the chief juvenile
5085	5085	officer and fiscal officer:
5086	5086	(1) keep the financial and statistical records and
5087	5087	submit reports to the Texas Juvenile Justice Department [Probation
5088	5088	Commission] as prescribed by Section 221.007 [141.044]; and
5089	5089	(2) submit periodic financial and statistical reports
5090	5090	to the county commissioners court.
5091	5091	SECTION 3.021. Section 152.1431(f), Human Resources Code,
5092	5092	is amended to read as follows:
5093	5093	(f) The juvenile board shall ensure that the chief juvenile
5094	5094	officer and fiscal officer:
5095	5095	(1) keep the financial and statistical records and
5096	5096	submit reports to the Texas Juvenile Justice Department [Probation
5097	5097	Commission] as prescribed by Section 221.007 [141.044]; and
5098	5098	(2) submit periodic financial and statistical reports
5099	5099	to the county commissioners court.
5100	5100	SECTION 3.022. Section 152.2511(f), Human Resources Code,
5101	5101	is amended to read as follows:
5102	5102	(f) The juvenile board shall ensure that the chief juvenile
5103	5103	officer and fiscal officer:
5104	5104	(1) keep the financial and statistical records and
5105	5105	submit reports to the Texas Juvenile Justice Department [Probation
5106	5106	Commission] as prescribed by Section 221.007 [141.044]; and
5107	5107	(2) submit periodic financial and statistical reports
5108	5108	to the county commissioners court.
5109	5109	SECTION 3.023. Section 16.02(e-1), Penal Code, is amended
5110	5110	to read as follows:
5111	5111	(e-1) It is a defense to prosecution under Subsection (d)(1)
5112	5112	that the electronic, mechanical, or other device is possessed by a
5113	5113	person authorized to possess the device under Section 500.008,
5114	5114	Government Code, or Section 242.103 [61.0455], Human Resources
5115	5115	Code.
5116	5116	ARTICLE 4. TRANSITION AND EFFECTIVE DATE
5117	5117	SECTION 4.001. (a) Effective December 1, 2011, Subchapters
5118	5118	A, B, and H, Chapter 61, Human Resources Code, and Subchapters A and
5119	5119	B, Chapter 141, Human Resources Code, are repealed.
5120	5120	(b) Effective December 1, 2011, the Texas Youth Commission
5121	5121	and the Texas Juvenile Probation Commission are abolished and the
5122	5122	powers and duties of those agencies are transferred to the Texas
5123	5123	Juvenile Justice Board and the Texas Juvenile Justice Department in
5124	5124	accordance with Title 12, Human Resources Code, as added by this
5125	5125	Act.
5126	5126	SECTION 4.002. (a) Not later than December 1, 2011, the
5127	5127	governor shall appoint the initial members of the Texas Juvenile
5128	5128	Justice Board under Section 202.001, Human Resources Code, as added
5129	5129	by this Act. The governor shall appoint:
5130	5130	(1) four members whose terms expire February 1, 2013;
5131	5131	(2) four members whose terms expire February 1, 2015;
5132	5132	and
5133	5133	(3) three members whose terms expire February 1, 2017.
5134	5134	(b) The initial members of the Advisory Council on Juvenile
5135	5135	Services shall be appointed as provided by Section 203.0081, Human
5136	5136	Resources Code, as added by this Act, not later than December 1,
5137	5137	2011. At the first advisory council meeting, the members, other
5138	5138	than the ex officio members, shall draw lots to determine the length
5139	5139	of each member's initial term and which members' terms expire each
5140	5140	year.
5141	5141	SECTION 4.003. (a) All money, records, property, and
5142	5142	equipment in the possession of the Texas Youth Commission or the
5143	5143	Texas Juvenile Probation Commission on December 1, 2011, shall be
5144	5144	transferred to the possession of the Texas Juvenile Justice
5145	5145	Department on December 1, 2011, or as soon as possible after that
5146	5146	date.
5147	5147	(b) Effective December 1, 2011, a rule adopted by the Texas
5148	5148	Youth Commission or the Texas Juvenile Probation Commission is a
5149	5149	rule of the Texas Juvenile Justice Department until and unless the
5150	5150	Texas Juvenile Justice Board amends or repeals the rule.
5151	5151	(c) Effective December 1, 2011, a memorandum of
5152	5152	understanding entered into by the Texas Youth Commission or the
5153	5153	Texas Juvenile Probation Commission is binding against the Texas
5154	5154	Juvenile Justice Department to the same extent that the memorandum
5155	5155	bound the agency that entered into the memorandum of understanding,
5156	5156	until and unless the department enters into a new memorandum of
5157	5157	understanding that modifies the department's responsibilities.
5158	5158	SECTION 4.004. As soon as practicable after September 1,
5159	5159	2011, the Texas Juvenile Justice Department shall establish the
5160	5160	toll-free number for complaints, as required under Section 203.014,
5161	5161	Human Resources Code, as added by this Act.
5162	5162	SECTION 4.005. Unless another provision of this Act
5163	5163	specifically provides otherwise, the Texas Youth Commission and the
5164	5164	Texas Juvenile Probation Commission, as applicable, shall
5165	5165	implement each change in law made by this Act, including adopting
5166	5166	any necessary or required rule, not later than December 1, 2011.
5167	5167	SECTION 4.006. (a) The validity of a disposition of a child
5168	5168	under Title 3, Family Code, made before, on, or after the effective
5169	5169	date of this Act is not affected solely because:
5170	5170	(1) the terms of the disposition refer to the Texas
5171	5171	Youth Commission or the Texas Juvenile Probation Commission; and
5172	5172	(2) during the time for which the disposition is in
5173	5173	effect, the Texas Youth Commission and the Texas Juvenile Probation
5174	5174	Commission cease to exist and their powers and duties are
5175	5175	transferred, as provided by this Act, to the Texas Juvenile Justice
5176	5176	Department.
5177	5177	(b) The action of a juvenile probation department taken in
5178	5178	relation to a child before, on, or after the effective date of this
5179	5179	Act is not affected solely because:
5180	5180	(1) the terms of the action refer to the Texas Youth
5181	5181	Commission or the Texas Juvenile Probation Commission; and
5182	5182	(2) during the time for which the action is in effect,
5183	5183	the Texas Youth Commission and the Texas Juvenile Probation
5184	5184	Commission cease to exist and their powers and duties are
5185	5185	transferred, as provided by this Act, to the Texas Juvenile Justice
5186	5186	Department.
5187	5187	(c) The changes in law made by this Act to Title 3, Family
5188	5188	Code, are not substantive in nature and apply to conduct by a child
5189	5189	that occurs before, on, or after the effective date of this Act.
5190	5190	(d) The disposition of an individual 10 years of age or
5191	5191	older and under 21 years of age who was committed to the Texas Youth
5192	5192	Commission under Title 3, Family Code, before June 8, 2007, is not
5193	5193	affected by Section 201.001(a)(2), Human Resources Code, as added
5194	5194	by this Act.
5195	5195	SECTION 4.007. (a) This section applies only to a closed
5196	5196	facility on real property owned by the Texas Youth Commission or the
5197	5197	Texas Juvenile Justice Department that is located wholly or partly
5198	5198	in a county that has a population of less than 100,000.
5199	5199	(b) The Texas Youth Commission or the Texas Juvenile Justice
5200	5200	Department may transfer a closed facility to the county or
5201	5201	municipality in which the facility is located.
5202	5202	(c) The consideration for the transfer authorized by
5203	5203	Subsection (b) of this section is the requirement that the county or
5204	5204	municipality use the property transferred only for a purpose that
5205	5205	benefits the public interest of the state. If the county or
5206	5206	municipality no longer uses the property for a public purpose,
5207	5207	ownership of the property automatically reverts to the Texas
5208	5208	Juvenile Justice Department.
5209	5209	(d) The Texas Youth Commission or the Texas Juvenile Justice
5210	5210	Department shall transfer the property by an appropriate instrument
5211	5211	of transfer, executed on the agency's behalf by the commissioner of
5212	5212	the General Land Office. The instrument of transfer must:
5213	5213	(1) provide that:
5214	5214	(A) the transferee shall use the property only
5215	5215	for a purpose that benefits the public interest of the state; and
5216	5216	(B) ownership of the property will automatically
5217	5217	revert to the Texas Juvenile Justice Department if the transferee
5218	5218	uses the property for any purpose other than a purpose that benefits
5219	5219	the interest of the state;
5220	5220	(2) describe the property to be transferred by metes
5221	5221	and bounds; and
5222	5222	(3) exclude from the transfer all mineral interests in
5223	5223	and under the property and prohibit any exploration, drilling, or
5224	5224	other similar intrusion on the property related to mineral
5225	5225	interests.
5226	5226	(e) The Texas Juvenile Justice Department shall retain
5227	5227	custody of the instrument of transfer after the instrument of
5228	5228	transfer is filed in the real property records of the county in
5229	5229	which the property is located.
5230	5230	(f) This section expires September 1, 2017.
5231	5231	SECTION 4.008. This Act takes effect September 1, 2011.