83R6205 EAH-F
By: Farias H.B. No. 937
A BILL TO BE ENTITLED
AN ACT
relating to establishing a restorative justice pilot program for
juvenile offenders in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Family Code, is amended by adding
Chapter 62 to read as follows:
CHAPTER 62. RESTORATIVE JUSTICE PILOT PROGRAM FOR JUVENILE
OFFENDERS IN CERTAIN COUNTIES
Sec. 62.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Juvenile Justice
Department.
(2) "Local department" means a local juvenile
probation department.
(3) "Program" means the restorative justice pilot
program created under this chapter for juvenile offenders.
(4) "Restorative justice" means an approach to justice
that emphasizes the importance of an offender's reparation of harm
caused to a victim by the offender's conduct that violates a penal
law. The term includes victim-offender mediation.
Sec. 62.002. APPLICABILITY OF CHAPTER. This chapter
applies only to a local department located in a county:
(1) with a population of more than 1.5 million; and
(2) in which more than 75 percent of the population
resides in a single municipality.
Sec. 62.003. ESTABLISHMENT AND IMPLEMENTATION OF PILOT
PROGRAM. (a) The department shall establish a restorative justice
pilot program for juvenile offenders to be implemented by a local
department with funds appropriated for that purpose. The program:
(1) must include a pretrial diversion program for
children alleged to have engaged in conduct that violates a penal
law of this state other than conduct that violates a penal law
listed in Article 17.032(a), Code of Criminal Procedure; and
(2) may include a post-adjudication victim-offender
mediation program for juvenile offenders adjudicated to have
engaged in conduct that violates a penal law listed in Article
17.032(a), Code of Criminal Procedure, for the purpose of
determining appropriate restitution.
(b) In implementing the program, the department shall
require a local department to:
(1) establish a resource network relating to
restorative justice that includes representatives from the local
department, the local dispute resolution center, the juvenile
courts, the district attorney's office, and the local juvenile
defense bar association;
(2) develop the program consistent with restorative
justice principles and best practices for victim-offender
mediation as identified by the department; and
(3) identify outcome measures that may be used to
measure the effectiveness of the program.
Sec. 62.004. REPORT. Not later than December 1, 2014, a
local department shall submit a report to the department regarding
the program. The report must include:
(1) a comprehensive analysis of the effectiveness of
the program; and
(2) the local department's findings and
recommendations regarding continuation or expansion of the
program.
Sec. 62.005. PROGRAM FUNDING. The department shall
provide sufficient funds to a local department for the program and
report, if funds are appropriated for purposes of this chapter.
Sec. 62.006. EXPIRATION. This chapter expires September 2,
2015.
SECTION 2. This Act takes effect September 1, 2013.