83R8718 ADM-D
By: Turner of Harris H.B. No. 1541
A BILL TO BE ENTITLED
AN ACT
relating to a study on recidivism rates for certain juveniles
committed to the Texas Department of Criminal Justice or the Texas
Juvenile Justice Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.031 to read as follows:
Sec. 493.031. RECIDIVISM OF YOUTHFUL OFFENDERS STUDY. (a)
In this section:
(1) "Agencies" means the Texas Department of Criminal
Justice, the Texas Juvenile Justice Department, and the Department
of Public Safety.
(2) "Texas Juvenile Justice Department" includes the
Texas Youth Commission, as applicable in context.
(3) "Youthful offender" means a juvenile who:
(A) was certified as an adult under Section
54.02, Family Code, tried by a criminal court, and committed to the
department; or
(B) was committed to the Texas Juvenile Justice
Department under a determinate sentence, regardless of whether the
juvenile was subsequently transferred to the Texas Department of
Criminal Justice.
(b) The department, with assistance from the Texas Juvenile
Justice Department and the Department of Public Safety, shall
conduct a study to compare the impact of the supervision,
incarceration, and treatment practices of the department and the
Texas Juvenile Justice Department on the recidivism and
rehabilitation rates of youthful offenders.
(c) The agencies shall accumulate the data required by this
section only for youthful offenders who were released from the
custody of the department or the Texas Juvenile Justice Department
on or after September 1, 2001, and on or before September 1, 2011.
(d) The department shall prepare a report on the study that
includes the following data:
(1) the average period of commitment for youthful
offenders, including incarceration in county jails before
conviction or adjudication and the average daily population of each
facility to which youthful offenders were committed or in which
they were incarcerated;
(2) the average period of probation supervision,
community supervision, and parole supervision for youthful
offenders, and the average number of youthful offenders on
supervision officers' caseloads during that period;
(3) the average amount of fines and restitution paid
by youthful offenders;
(4) the percentage of youthful offenders, while in the
custody or under the supervision of the department or the Texas
Juvenile Justice Department, who:
(A) had a diagnosed mental illness, received
prescription medication for a mental illness, or received
behavioral therapy for a mental illness;
(B) received:
(i) sex offender treatment;
(ii) aggression replacement training;
(iii) substance abuse treatment; or
(iv) other behavioral therapy; and
(C) were physically or sexually assaulted by
another offender or an employee or agent of the department or the
Texas Juvenile Justice Department;
(5) the percentages of the youthful offenders
described by Subdivision (4)(C) who were identified as lesbian,
gay, bisexual, transgender, or intersex;
(6) the number of youthful offenders who have
attempted or committed suicide while in custody;
(7) the number of youthful offenders restrained in a
30-day period by chemical, mechanical, or physical means;
(8) the percentage of youthful offenders placed in
segregation or under extra security within a 30-day period and the
average period of the segregation or security;
(9) the average reading and math levels of youthful
offenders at the time of commitment;
(10) the number of youthful offenders who have
received educational services from the department or the Texas
Juvenile Justice Department or have received a graduate equivalency
diploma;
(11) the number of grievances filed by youthful
offenders against the department and the Texas Juvenile Justice
Department and the number of resolved and unresolved grievances
relating to:
(A) the staff of the agencies;
(B) legal matters;
(C) medical care;
(D) religious discrimination;
(E) classification;
(F) communication issues;
(G) disciplinary issues;
(H) facility operations;
(I) specialty issues; and
(J) miscellaneous grievances;
(12) the annual recidivism rates for youthful
offenders during the three-year period after release from the
custody of the department or the Texas Juvenile Justice Department,
including rates of arrests, convictions, parole revocations, and
incarcerations; and
(13) any additional factors the agencies may deem
relevant.
(e) In reporting data for purposes of this section, the
agencies shall disaggregate the data for the following populations
of youthful offenders or factors:
(1) race or ethnicity;
(2) gender;
(3) age at the time the youthful offender:
(A) committed a first offense;
(B) was certified under Section 54.02, Family
Code, if applicable;
(C) was committed to the custody of the
department or the Texas Juvenile Justice Department; and
(D) was released from custody and from
supervision;
(4) criminal history in juvenile and criminal courts;
and
(5) foster care involvement.
(f) Not later than January 1, 2015, the department shall
deliver a report on the results of the study to each member of the
legislature and make the report available to the general public.
(g) This section expires September 1, 2015.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.