Texas 2013 - 83rd Regular

Texas Senate Bill SB511 Compare Versions

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1	1	83R28465 E
2	2	By: Whitmire S.B. No. 511
3	3	(Workman)
4	4	Substitute the following for S.B. No. 511: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the commitment of certain juveniles to local
10	10	post-adjudication secure correctional facilities in certain
11	11	counties and to the release under supervision of those juveniles.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subsection (d), Section 51.13, Family Code, is
14	14	amended to read as follows:
15	15	(d) An adjudication under Section 54.03 that a child engaged
16	16	in conduct that occurred on or after January 1, 1996, and that
17	17	constitutes a felony offense resulting in commitment to the Texas
18	18	Juvenile Justice Department [Youth Commission] under Section
19	19	54.04(d)(2), (d)(3), or (m) or 54.05(f) or commitment to a
20	20	post-adjudication secure correctional facility under Section
21	21	54.04011 is a final felony conviction only for the purposes of
22	22	Sections 12.42(a), (b), and (c)(1) or Section 12.425[, and (e)],
23	23	Penal Code.
24	24	SECTION 2. Section 54.04, Family Code, is amended by
25	25	amending Subsections (d) and (q) and adding Subsection (z) to read
26	26	as follows:
27	27	(d) If the court or jury makes the finding specified in
28	28	Subsection (c) allowing the court to make a disposition in the case:
29	29	(1) the court or jury may, in addition to any order
30	30	required or authorized under Section 54.041 or 54.042, place the
31	31	child on probation on such reasonable and lawful terms as the court
32	32	may determine:
33	33	(A) in the child's own home or in the custody of a
34	34	relative or other fit person; or
35	35	(B) subject to the finding under Subsection (c)
36	36	on the placement of the child outside the child's home, in:
37	37	(i) a suitable foster home;
38	38	(ii) a suitable public or private
39	39	residential treatment facility licensed by a state governmental
40	40	entity or exempted from licensure by state law, except a facility
41	41	operated by the Texas Juvenile Justice Department [Youth
42	42	Commission]; or
43	43	(iii) a suitable public or private
44	44	post-adjudication secure correctional facility that meets the
45	45	requirements of Section 51.125, except a facility operated by the
46	46	Texas Juvenile Justice Department [Youth Commission];
47	47	(2) if the court or jury found at the conclusion of the
48	48	adjudication hearing that the child engaged in delinquent conduct
49	49	that violates a penal law of this state or the United States of the
50	50	grade of felony and if the petition was not approved by the grand
51	51	jury under Section 53.045, the court may commit the child to the
52	52	Texas Juvenile Justice Department or a post-adjudication secure
53	53	correctional facility under Section 54.04011(c)(1) [Youth
54	54	Commission] without a determinate sentence;
55	55	(3) if the court or jury found at the conclusion of the
56	56	adjudication hearing that the child engaged in delinquent conduct
57	57	that included a violation of a penal law listed in Section 53.045(a)
58	58	and if the petition was approved by the grand jury under Section
59	59	53.045, the court or jury may sentence the child to commitment in
60	60	the Texas Juvenile Justice Department or a post-adjudication secure
61	61	correctional facility under Section 54.04011(c)(2) [Youth
62	62	Commission] with a possible transfer to the Texas Department of
63	63	Criminal Justice for a term of:
64	64	(A) not more than 40 years if the conduct
65	65	constitutes:
66	66	(i) a capital felony;
67	67	(ii) a felony of the first degree; or
68	68	(iii) an aggravated controlled substance
69	69	felony;
70	70	(B) not more than 20 years if the conduct
71	71	constitutes a felony of the second degree; or
72	72	(C) not more than 10 years if the conduct
73	73	constitutes a felony of the third degree;
74	74	(4) the court may assign the child an appropriate
75	75	sanction level and sanctions as provided by the assignment
76	76	guidelines in Section 59.003; or
77	77	(5) if applicable, the court or jury may make a
78	78	disposition under Subsection (m) or Section 54.04011(c)(2)(A).
79	79	(q) If a court or jury sentences a child to commitment in the
80	80	Texas Juvenile Justice Department or a post-adjudication secure
81	81	correctional facility [Youth Commission] under Subsection (d)(3)
82	82	for a term of not more than 10 years, the court or jury may place the
83	83	child on probation under Subsection (d)(1) as an alternative to
84	84	making the disposition under Subsection (d)(3). The court shall
85	85	prescribe the period of probation ordered under this subsection for
86	86	a term of not more than 10 years. The court may, before the sentence
87	87	of probation expires, extend the probationary period under Section
88	88	54.05, except that the sentence of probation and any extension may
89	89	not exceed 10 years. The court may, before the child's 19th
90	90	birthday, discharge the child from the sentence of probation. If a
91	91	sentence of probation ordered under this subsection and any
92	92	extension of probation ordered under Section 54.05 will continue
93	93	after the child's 19th birthday, the court shall discharge the
94	94	child from the sentence of probation on the child's 19th birthday
95	95	unless the court transfers the child to an appropriate district
96	96	court under Section 54.051.
97	97	(z) Nothing in this section may be construed to prohibit a
98	98	juvenile court or jury in a county to which Section 54.04011 applies
99	99	from committing a child to a post-adjudication secure correctional
100	100	facility in accordance with that section after a disposition
101	101	hearing held in accordance with this section.
102	102	SECTION 3. Chapter 54, Family Code, is amended by adding
103	103	Section 54.04011 to read as follows:
104	104	Sec. 54.04011. COMMITMENT TO POST-ADJUDICATION SECURE
105	105	CORRECTIONAL FACILITY. (a) In this section, "post-adjudication
106	106	secure correctional facility" means a facility operated by or under
107	107	contract with a juvenile board or local juvenile probation
108	108	department under Section 152.0016, Human Resources Code.
109	109	(b) This section applies only to a county in which the
110	110	juvenile board or local juvenile probation department operates or
111	111	contracts for the operation of a post-adjudication secure
112	112	correctional facility.
113	113	(c) After a disposition hearing held in accordance with
114	114	Section 54.04, the juvenile court of a county to which this section
115	115	applies may commit a child who is found to have engaged in
116	116	delinquent conduct that constitutes a felony to a post-adjudication
117	117	secure correctional facility:
118	118	(1) without a determinate sentence, if:
119	119	(A) the child is found to have engaged in conduct
120	120	that violates a penal law of the grade of felony and the petition
121	121	was not approved by the grand jury under Section 53.045;
122	122	(B) the child is found to have engaged in conduct
123	123	that violates a penal law of the grade of felony and the petition
124	124	was approved by the grand jury under Section 53.045 but the court or
125	125	jury does not make the finding described by Section 54.04(m)(2); or
126	126	(C) the disposition is modified under Section
127	127	54.05(f); or
128	128	(2) with a determinate sentence, if:
129	129	(A) the child is found to have engaged in conduct
130	130	that included a violation of a penal law listed in Section 53.045 or
131	131	that is considered habitual felony conduct as described by Section
132	132	51.031, the petition was approved by the grand jury under Section
133	133	53.045, and, if applicable, the court or jury makes the finding
134	134	described by Section 54.04(m)(2); or
135	135	(B) the disposition is modified under Section
136	136	54.05(f).
137	137	(d) Nothing in this section may be construed to prohibit:
138	138	(1) a juvenile court or jury from making a disposition
139	139	under Section 54.04, including:
140	140	(A) placing a child on probation on such
141	141	reasonable and lawful terms as the court may determine, including
142	142	placement in a public or private post-adjudication secure
143	143	correctional facility under Section 54.04(d)(1)(B)(iii); or
144	144	(B) placing a child adjudicated under Section
145	145	54.04(d)(3) or (m) on probation for a term of not more than 10
146	146	years, as provided in Section 54.04(q); or
147	147	(2) the attorney representing the state from filing a
148	148	motion concerning a child who has been placed on probation under
149	149	Section 54.04(q) or the juvenile court from holding a hearing under
150	150	Section 54.051(a).
151	151	(e) The provisions of 37 T.A.C. Section 343.610 do not apply
152	152	to this section.
153	153	(f) This section expires on December 31, 2018.
154	154	SECTION 4. Subsections (b), (f), (j), and (m), Section
155	155	54.05, Family Code, are amended to read as follows:
156	156	(b) Except for a commitment to the Texas Juvenile Justice
157	157	Department or to a post-adjudication secure correctional facility
158	158	under Section 54.04011, [Youth Commission or] a disposition under
159	159	Section 54.0402, or a placement on determinate sentence probation
160	160	under Section 54.04(q), all dispositions automatically terminate
161	161	when the child reaches the child's 18th birthday.
162	162	(f) Except as provided by Subsection (j), a disposition
163	163	based on a finding that the child engaged in delinquent conduct that
164	164	violates a penal law of this state or the United States of the grade
165	165	of felony may be modified so as to commit the child to the Texas
166	166	Juvenile Justice Department or, if applicable, a post-adjudication
167	167	secure correctional facility operated under Section 152.0016,
168	168	Human Resources Code, [Youth Commission] if the court after a
169	169	hearing to modify disposition finds by a preponderance of the
170	170	evidence that the child violated a reasonable and lawful order of
171	171	the court. A disposition based on a finding that the child engaged
172	172	in habitual felony conduct as described by Section 51.031 or in
173	173	delinquent conduct that included a violation of a penal law listed
174	174	in Section 53.045(a) may be modified to commit the child to the
175	175	Texas Juvenile Justice Department or, if applicable, a
176	176	post-adjudication secure correctional facility operated under
177	177	Section 152.0016, Human Resources Code, [Youth Commission] with a
178	178	possible transfer to the Texas Department of Criminal Justice for a
179	179	definite term prescribed by, as applicable, Section 54.04(d)(3) or
180	180	Section 152.0016(g), Human Resources Code, if the original petition
181	181	was approved by the grand jury under Section 53.045 and if after a
182	182	hearing to modify the disposition the court finds that the child
183	183	violated a reasonable and lawful order of the court.
184	184	(j) If, after conducting a hearing to modify disposition
185	185	without a jury, the court finds by a preponderance of the evidence
186	186	that a child violated a reasonable and lawful condition of
187	187	probation ordered under Section 54.04(q), the court may modify the
188	188	disposition to commit the child to the Texas Juvenile Justice
189	189	Department [Youth Commission] under Section 54.04(d)(3) or, if
190	190	applicable, a post-adjudication secure correctional facility
191	191	operated under Section 152.0016, Human Resources Code, for a term
192	192	that does not exceed the original sentence assessed by the court or
193	193	jury.
194	194	(m) If the court places the child on probation outside the
195	195	child's home or commits the child to the Texas Juvenile Justice
196	196	Department or to a post-adjudication secure correctional facility
197	197	operated under Section 152.0016, Human Resources Code [Youth
198	198	Commission], the court:
199	199	(1) shall include in the court's order a determination
200	200	that:
201	201	(A) it is in the child's best interests to be
202	202	placed outside the child's home;
203	203	(B) reasonable efforts were made to prevent or
204	204	eliminate the need for the child's removal from the child's home and
205	205	to make it possible for the child to return home; and
206	206	(C) the child, in the child's home, cannot be
207	207	provided the quality of care and level of support and supervision
208	208	that the child needs to meet the conditions of probation; and
209	209	(2) may approve an administrative body to conduct a
210	210	permanency hearing pursuant to 42 U.S.C. Section 675 if required
211	211	during the placement or commitment of the child.
212	212	SECTION 5. Subsections (a), (b), and (d), Section 54.052,
213	213	Family Code, are amended to read as follows:
214	214	(a) This section applies only to a child who is committed
215	215	to:
216	216	(1) the Texas Juvenile Justice Department [Youth
217	217	Commission] under a determinate sentence under Section 54.04(d)(3)
218	218	or (m) or Section 54.05(f); or
219	219	(2) a post-adjudication secure correctional facility
220	220	under a determinate sentence under Section 54.04011(c)(2).
221	221	(b) The judge of the court in which a child is adjudicated
222	222	shall give the child credit on the child's sentence for the time
223	223	spent by the child, in connection with the conduct for which the
224	224	child was adjudicated, in a secure detention facility before the
225	225	child's transfer to a Texas Juvenile Justice Department [Youth
226	226	Commission] facility or a post-adjudication secure correctional
227	227	facility, as applicable.
228	228	(d) The Texas Juvenile Justice Department or the juvenile
229	229	board or local juvenile probation department operating or
230	230	contracting for the operation of the post-adjudication secure
231	231	correctional facility under Section 152.0016, Human Resources
232	232	Code, as applicable, [Youth Commission] shall grant any credit
233	233	under this section in computing the child's eligibility for parole
234	234	and discharge.
235	235	SECTION 6. Subsections (a), (h), (i), (j), and (k), Section
236	236	54.11, Family Code, are amended to read as follows:
237	237	(a) On receipt of a referral under Section 244.014(a), Human
238	238	Resources Code, for the transfer to the Texas Department of
239	239	Criminal Justice of a person committed to the Texas Juvenile
240	240	Justice Department under Section 54.04(d)(3), 54.04(m), or
241	241	54.05(f), [or] on receipt of a request by the Texas Juvenile Justice
242	242	Department under Section 245.051(d), Human Resources Code, for
243	243	approval of the release under supervision of a person committed to
244	244	the Texas Juvenile Justice Department under Section 54.04(d)(3),
245	245	54.04(m), or 54.05(f), or on receipt of a referral under Section
246	246	152.0016(g), Human Resources Code, the court shall set a time and
247	247	place for a hearing on the release of the person.
248	248	(h) The hearing on a person who is referred for transfer
249	249	under Section 152.0016(j) or 244.014(a), Human Resources Code,
250	250	shall be held not later than the 60th day after the date the court
251	251	receives the referral.
252	252	(i) On conclusion of the hearing on a person who is referred
253	253	for transfer under Section 152.0016(j) or 244.014(a), Human
254	254	Resources Code, the court may, as applicable, order:
255	255	(1) the return of the person to the Texas Juvenile
256	256	Justice Department or post-adjudication secure correctional
257	257	facility; or
258	258	(2) the transfer of the person to the custody of the
259	259	Texas Department of Criminal Justice for the completion of the
260	260	person's sentence.
261	261	(j) On conclusion of the hearing on a person who is referred
262	262	for release under supervision under Section 152.0016(g) or
263	263	245.051(c), Human Resources Code, the court may, as applicable,
264	264	order the return of the person to the Texas Juvenile Justice
265	265	Department or post-adjudication secure correctional facility:
266	266	(1) with approval for the release of the person under
267	267	supervision; or
268	268	(2) without approval for the release of the person
269	269	under supervision.
270	270	(k) In making a determination under this section, the court
271	271	may consider the experiences and character of the person before and
272	272	after commitment to the Texas Juvenile Justice Department or
273	273	post-adjudication secure correctional facility [youth commission],
274	274	the nature of the penal offense that the person was found to have
275	275	committed and the manner in which the offense was committed, the
276	276	abilities of the person to contribute to society, the protection of
277	277	the victim of the offense or any member of the victim's family, the
278	278	recommendations of the Texas Juvenile Justice Department, county
279	279	juvenile board, local juvenile probation department, [youth
280	280	commission] and prosecuting attorney, the best interests of the
281	281	person, and any other factor relevant to the issue to be decided.
282	282	SECTION 7. Section 59.009, Family Code, is amended to read
283	283	as follows:
284	284	Sec. 59.009. SANCTION LEVEL SIX. (a) For a child at
285	285	sanction level six, the juvenile court may commit the child to the
286	286	custody of the Texas Juvenile Justice Department or a
287	287	post-adjudication secure correctional facility under Section
288	288	54.04011(c)(1) [Youth Commission]. The department, juvenile
289	289	board, or local juvenile probation department, as applicable,
290	290	[commission] may:
291	291	(1) require the child to participate in a highly
292	292	structured residential program that emphasizes discipline,
293	293	accountability, fitness, training, and productive work for not less
294	294	than nine months or more than 24 months unless the department,
295	295	board, or probation department [commission] extends the period and
296	296	the reason for an extension is documented;
297	297	(2) require the child to make restitution to the
298	298	victim of the child's conduct or perform community service
299	299	restitution appropriate to the nature and degree of the harm caused
300	300	and according to the child's ability, if there is a victim of the
301	301	child's conduct;
302	302	(3) require the child and the child's parents or
303	303	guardians to participate in programs and services for their
304	304	particular needs and circumstances; and
305	305	(4) if appropriate, impose additional sanctions.
306	306	(b) On release of the child under supervision, the Texas
307	307	Juvenile Justice Department [Youth Commission] parole programs or
308	308	the juvenile board or local juvenile probation department operating
309	309	parole programs under Section 152.0016(c)(2), Human Resources
310	310	Code, may:
311	311	(1) impose highly structured restrictions on the
312	312	child's activities and requirements for behavior of the child as
313	313	conditions of release under supervision;
314	314	(2) require a parole officer to closely monitor the
315	315	child for not less than six months; and
316	316	(3) if appropriate, impose any other conditions of
317	317	supervision.
318	318	(c) The Texas Juvenile Justice Department, juvenile board,
319	319	or local juvenile probation department [Youth Commission] may
320	320	discharge the child from the [commission's] custody of the
321	321	department, board, or probation department, as applicable, on the
322	322	date the provisions of this section are met or on the child's 19th
323	323	birthday, whichever is earlier.
324	324	SECTION 8. Section 59.010, Family Code, is amended to read
325	325	as follows:
326	326	Sec. 59.010. SANCTION LEVEL SEVEN. (a) For a child at
327	327	sanction level seven, the juvenile court may certify and transfer
328	328	the child under Section 54.02 or sentence the child to commitment to
329	329	the Texas Juvenile Justice Department [Youth Commission] under
330	330	Section 54.04(d)(3), 54.04(m), or 54.05(f) or to a
331	331	post-adjudication secure correctional facility under Section
332	332	54.04011(c)(2). The department, juvenile board, or local juvenile
333	333	probation department, as applicable, [commission] may:
334	334	(1) require the child to participate in a highly
335	335	structured residential program that emphasizes discipline,
336	336	accountability, fitness, training, and productive work for not less
337	337	than 12 months or more than 10 years unless the department, board,
338	338	or probation department [commission] extends the period and the
339	339	reason for the extension is documented;
340	340	(2) require the child to make restitution to the
341	341	victim of the child's conduct or perform community service
342	342	restitution appropriate to the nature and degree of harm caused and
343	343	according to the child's ability, if there is a victim of the
344	344	child's conduct;
345	345	(3) require the child and the child's parents or
346	346	guardians to participate in programs and services for their
347	347	particular needs and circumstances; and
348	348	(4) impose any other appropriate sanction.
349	349	(b) On release of the child under supervision, the Texas
350	350	Juvenile Justice Department [Youth Commission] parole programs or
351	351	the juvenile board or local juvenile probation department parole
352	352	programs under Section 152.0016(c)(2), Human Resources Code, may:
353	353	(1) impose highly structured restrictions on the
354	354	child's activities and requirements for behavior of the child as
355	355	conditions of release under supervision;
356	356	(2) require a parole officer to monitor the child
357	357	closely for not less than 12 months; and
358	358	(3) impose any other appropriate condition of
359	359	supervision.
360	360	SECTION 9. Subsection (b), Section 841.003, Health and
361	361	Safety Code, is amended to read as follows:
362	362	(b) A person is a repeat sexually violent offender for the
363	363	purposes of this chapter if the person is convicted of more than one
364	364	sexually violent offense and a sentence is imposed for at least one
365	365	of the offenses or if:
366	366	(1) the person:
367	367	(A) is convicted of a sexually violent offense,
368	368	regardless of whether the sentence for the offense was ever imposed
369	369	or whether the sentence was probated and the person was
370	370	subsequently discharged from community supervision;
371	371	(B) enters a plea of guilty or nolo contendere
372	372	for a sexually violent offense in return for a grant of deferred
373	373	adjudication;
374	374	(C) is adjudged not guilty by reason of insanity
375	375	of a sexually violent offense; or
376	376	(D) is adjudicated by a juvenile court as having
377	377	engaged in delinquent conduct constituting a sexually violent
378	378	offense and is committed to the Texas Juvenile Justice Department
379	379	[Youth Commission] under Section 54.04(d)(3) or (m), Family Code;
380	380	and
381	381	(2) after the date on which under Subdivision (1) the
382	382	person is convicted, receives a grant of deferred adjudication, is
383	383	adjudged not guilty by reason of insanity, or is adjudicated by a
384	384	juvenile court as having engaged in delinquent conduct, the person
385	385	commits a sexually violent offense for which the person:
386	386	(A) is convicted, but only if the sentence for
387	387	the offense is imposed; or
388	388	(B) is adjudged not guilty by reason of insanity.
389	389	SECTION 10. Subchapter A, Chapter 152, Human Resources
390	390	Code, is amended by adding Section 152.0016 to read as follows:
391	391	Sec. 152.0016. POST-ADJUDICATION SECURE CORRECTIONAL
392	392	FACILITIES; RELEASE UNDER SUPERVISION. (a) This section applies
393	393	only to a county that has a population of more than one million and
394	394	less than 1.5 million.
395	395	(b) In this section, "post-adjudication secure correctional
396	396	facility" means a facility operated by or under contract with a
397	397	juvenile board or local juvenile probation department in accordance
398	398	with Section 51.125, Family Code.
399	399	(c) A juvenile board shall establish a policy that specifies
400	400	whether the juvenile board or a local juvenile probation department
401	401	that serves a county to which this section applies may:
402	402	(1) operate or contract for the operation of a
403	403	post-adjudication secure correctional facility to confine children
404	404	committed to the facility under Section 54.04011, Family Code; and
405	405	(2) operate a program through which a child committed
406	406	to a post-adjudication secure correctional facility under Section
407	407	54.04011, Family Code, may be released under supervision and place
408	408	the child in the child's home or in any situation or family approved
409	409	by the juvenile board or local juvenile probation department.
410	410	(d) Before placing a child in the child's home under
411	411	Subsection (c)(2), the juvenile board or local juvenile probation
412	412	department shall evaluate the home setting to determine the level
413	413	of supervision and quality of care that is available in the home.
414	414	(e) A juvenile board or a local juvenile probation
415	415	department shall accept a person properly committed to it by a
416	416	juvenile court under Section 54.04011, Family Code, in the same
417	417	manner in which the Texas Juvenile Justice Department accepts a
418	418	person under Section 54.04(e), Family Code, even though the person
419	419	may be 17 years of age or older at the time of the commitment.
420	420	(f) A juvenile board or a local juvenile probation
421	421	department shall establish a minimum length of stay for each child
422	422	committed without a determinate sentence under Section
423	423	54.04011(c)(1), Family Code, in the same manner that the Texas
424	424	Juvenile Justice Department determines a minimum length of stay for
425	425	a child committed to the department under Section 243.002.
426	426	(g) Except as provided by Subsection (h), if a child is
427	427	committed to a post-adjudication secure correctional facility
428	428	under Section 54.04011(c)(2), Family Code, the local juvenile
429	429	probation department may not release the child under supervision
430	430	without approval by the juvenile court that entered the order of
431	431	commitment under Section 54.04011, Family Code, unless the child
432	432	has been confined not less than:
433	433	(1) 10 years for capital murder;
434	434	(2) three years for an aggravated controlled substance
435	435	felony or a felony of the first degree;
436	436	(3) two years for a felony of the second degree; and
437	437	(4) one year for a felony of the third degree.
438	438	(h) The juvenile board or local juvenile probation
439	439	department may release a child who has been committed to a
440	440	post-adjudication secure correctional facility with a determinate
441	441	sentence under Section 54.04011(c)(2), Family Code, under
442	442	supervision without approval of the juvenile court that entered the
443	443	order of commitment if not more than nine months remain before the
444	444	child's discharge as provided by Section 245.051(g).
445	445	(i) The juvenile board or local juvenile probation
446	446	department may resume the care and custody of any child released
447	447	under supervision at any time before the final discharge of the
448	448	child in accordance with the rules governing the Texas Juvenile
449	449	Justice Department regarding resumption of care.
450	450	(j) After a child committed to a post-adjudication secure
451	451	correctional facility with a determinate sentence under Section
452	452	54.04011(c)(2), Family Code, becomes 16 years of age but before the
453	453	child becomes 19 years of age, the juvenile board or local juvenile
454	454	probation department operating or contracting for the operation of
455	455	the facility may refer the child to the juvenile court that entered
456	456	the order of commitment for approval of the child's transfer to the
457	457	Texas Department of Criminal Justice for confinement if the child
458	458	has not completed the sentence and:
459	459	(1) the child's conduct, regardless of whether the
460	460	child was released under supervision through a program established
461	461	by the board or department, indicates that the welfare of the
462	462	community requires the transfer; or
463	463	(2) while the child was released under supervision:
464	464	(A) a juvenile court adjudicated the child as
465	465	having engaged in delinquent conduct constituting a felony offense;
466	466	(B) a criminal court convicted the child of a
467	467	felony offense; or
468	468	(C) the child's release under supervision was
469	469	revoked.
470	470	(k) A juvenile board or local juvenile probation department
471	471	operating or contracting for the operation of a post-adjudication
472	472	secure correctional facility under this section shall develop a
473	473	comprehensive plan for each child committed to the facility under
474	474	Section 54.04011, Family Code, regardless of whether the child is
475	475	committed with or without a determinate sentence, to reduce
476	476	recidivism and ensure the successful reentry and reintegration of
477	477	the child into the community following the child's release under
478	478	supervision or final discharge from the facility, as applicable.
479	479	(l) This section expires on December 31, 2018.
480	480	SECTION 11. Subsection (f), Section 12.42, Penal Code, is
481	481	amended to read as follows:
482	482	(f) For the purposes of Subsections (a), (b), and (c)(1),
483	483	[and (e),] an adjudication by a juvenile court under Section 54.03,
484	484	Family Code, that a child engaged in delinquent conduct on or after
485	485	January 1, 1996, constituting a felony offense for which the child
486	486	is committed to the Texas Juvenile Justice Department [Youth
487	487	Commission] under Section 54.04(d)(2), (d)(3), or (m), Family Code,
488	488	or Section 54.05(f), Family Code, or to a post-adjudication secure
489	489	correctional facility under Section 54.04011, Family Code, is a
490	490	final felony conviction.
491	491	SECTION 12. The changes in law made by this Act apply only
492	492	to conduct that occurs on or after the effective date of this Act.
493	493	Conduct that occurs before the effective date of this Act is covered
494	494	by the law in effect at the time the conduct occurred, and the
495	495	former law is continued in effect for that purpose. For the
496	496	purposes of this section, conduct occurs before the effective date
497	497	of this Act if any element of the conduct occurred before that date.
498	498	SECTION 13. This Act takes effect December 1, 2013.