84R14497 T
By: Workman H.B. No. 3665
A BILL TO BE ENTITLED
AN ACT
relating to the commitment of certain juveniles to local
post-adjudication secure correctional facilities in certain
counties and to the release under supervision of those juveniles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.13 (c) and (d), Family Code, are
amended to read as follows:
(c) A child may not be committed or transferred to a penal
institution or other facility used primarily for the execution of
sentences of persons convicted of crime, except:
(1) for temporary detention in a jail or lockup
pending juvenile court hearing or disposition under conditions
meeting the requirements of Section 51.12;
(2) after transfer for prosecution in criminal court
under Section 54.02, unless the juvenile court orders the detention
of the child in a certified juvenile detention facility under
Section 54.02(h); or
(3) after transfer from the Texas Juvenile Justice
Department under Section 245.151(c), Human Resources Code; or
(4) after transfer from a post-adjudication secure
correctional facility under Section 152.00161(c).
(d) An adjudication under Section 54.03 that a child engaged
in conduct that occurred on or after January 1, 1996, and that
constitutes a felony offense resulting in commitment to the Texas
Juvenile Justice Department under Section 54.04(d)(2), (d)(3), or
(m) or 54.05(f) or commitment to a post-adjudication secure
correctional facility under Section 54.04011 for conduct that
occurred on or after December 1, 2013, is a final felony conviction
only for the purposes of Sections 12.42(a), (b), and (c)(1) or
Section 12.425, Penal Code.
SECTION 2. Section 53.045(d), Family Code, is amended to
read as follows:
(d) If the grand jury approves of the petition, the fact of
approval shall be certified to the juvenile court, and the
certification shall be entered in the record of the case. For the
purpose of the transfer of a child to the Texas Department of
Criminal Justice as provided by Section 245.151(c) or 152.00161(c),
Human Resources Code, a juvenile court petition approved by a grand
jury under this section is an indictment presented by the grand
jury.
SECTION 3. Sections 54.11(a), (b), and (d), Family Code,
are amended to read as follows:
(a) On receipt of a referral under Section 244.014(a), Human
Resources Code, for the transfer to the Texas Department of
Criminal Justice of a person committed to the Texas Juvenile
Justice Department under Section 54.04(d)(3), 54.04(m), or
54.05(f), on receipt of a request by the Texas Juvenile Justice
Department under Section 245.051(d), Human Resources Code, for
approval of the release under supervision of a person committed to
the Texas Juvenile Justice Department under Section 54.04(d)(3),
54.04(m), or 54.05(f), or on receipt of a referral under Sections
152.0016(g) or (j), Human Resources Code, the court shall set a time
and place for a hearing on the possible transfer or release of the
person, as applicable.
(b) The court shall notify the following of the time and
place of the hearing:
(1) the person to be transferred or released under
supervision;
(2) the parents of the person;
(3) any legal custodian of the person, including, as
applicable, the Texas Juvenile Justice Department or a juvenile
probation department under Section 152.0016, Human Resources Code;
(4) the office of the prosecuting attorney that
represented the state in the juvenile delinquency proceedings;
(5) the victim of the offense that was included in the
delinquent conduct that was a ground for the disposition, or a
member of the victim's family; and
(6) any other person who has filed a written request
with the court to be notified of a release hearing with respect to
the person to be transferred or released under supervision.
(d) At a hearing under this section, the court may consider
written reports and supporting documents from probation officers,
professional court employees, professional consultants, or
employees of the Texas Juvenile Justice Department, or employees of
a facility operated under Section 152.0016, Human Resources Code,
in addition to the testimony of witnesses. On or before the fifth
day of the hearing, the court shall provide the attorney for the
person to be transferred or released under supervision with access
to all written matter to be considered by the court. All written
matter is admissible in evidence at the hearing.
SECTION 4. Section 58.352(a), Family Code, is amended to
read as follows:
(a) A juvenile court judge in a county to which this
subchapter applies shall post a report on the Internet website of
the county in which the court is located. The report must include:
(1) the total number of children committed by the
judge to a correctional facility operated by the Texas Youth
Commission Juvenile Justice Department; and
(2) the total number of children committed by the
judge to a facility operated under Section 152.0016, Human
Resources Code, if applicable; and
(23) for each child committed to a facility described
by Subdivision (1) or (2):
(A) a general description of the offense
committed by the child or the conduct of the child that led to the
child's commitment to the facility;
(B) the year the child was committed to the
facility; and
(C) the age range, race, and gender of the child.
SECTION 5. Section 499.053, Government Code, is amended to
read as follows:
Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE
DEPARTMENT OR A POST-ADJUDICATION SECURE CORRECTIONAL FACILITY.
(a) The department shall accept persons transferred to the
department from the Texas Juvenile Justice Department under Section
245.151, Human Resources Code, or a post-adjudication secure
correctional facility under Section 152.00161, Human Resources
Code.
(b) A person transferred to the department from the Texas
Juvenile Justice Department or a post-adjudication secure
correctional facility is entitled to credit on the person's
sentence for the time served in the custody of the Texas Juvenile
Justice Department or the juvenile probation department, as
applicable.
(c) All laws relating to good conduct time and eligibility
for release on parole or mandatory supervision apply to a person
transferred to the department by the Texas Juvenile Justice
Department or a post-adjudication secure correctional facility as
if the time the person was detained in a detention facility and the
time the person served in the custody of the Texas Juvenile Justice
Department or the juvenile probation department was time served in
the custody of the department.
(d) A person transferred from the Texas Juvenile Justice
Department or a post-adjudication secure correctional facility for
the offense of capital murder shall become eligible for parole as
provided in Section 508.145(d) for an offense listed in Section 3g,
Article 42.12, Code of Criminal Procedure, or an offense for which a
deadly weapon finding has been made.
SECTION 6. Section 508.003(c), Government Code, is amended
to read as follows:
(c) The provisions of this chapter not in conflict with
Section 508.156 apply to parole of a person from the Texas Youth
Commission Juvenile Justice Department or a post-adjudication
secure correctional facility under that section.
SECTION 7. Sections 508.156 (a), (d), (e), and (f),
Government Code, are amended to read as follows:
Sec. 508.156. DETERMINATE SENTENCE PAROLE. (a) Before the
release of a person who is transferred under Section 245.051(c), or
245.151(e), 152.0016(g), or 152.00161(e), Human Resources Code, to
the department for release on parole, a parole panel shall review
the person's records and may interview the person or any other
person the panel considers necessary to determine the conditions of
parole. The panel may impose any reasonable condition of parole on
the person that the panel may impose on an adult inmate under this
chapter.
(d) The period of parole for a person released on parole
under this section is the term for which the person was sentenced
less calendar time served at the Texas Youth Commission Juvenile
Justice Department or in the custody of a juvenile probation
department as a result of a commitment under Section
54.04011(c)(2), Family Code, and in a juvenile detention facility
in connection with the conduct for which the person was
adjudicated.
(e) If a parole panel revokes the person's parole, the panel
may require the person to serve the remaining portion of the
person's sentence in the institutional division. The remaining
portion of the person's sentence is computed without credit for the
time from the date of the person's release to the date of
revocation. The panel may not recommit the person to the Texas
Youth Commission Juvenile Justice Department or to a local juvenile
probation department.
(f) For purposes of this chapter, a person released from the
Texas Youth Commission Juvenile Justice Department or from a local
juvenile probation department on parole under this section is
considered to have been convicted of the offense for which the
person has been adjudicated.
SECTION 8. Section 152.0016, Human Resources Code, is
amended to add Subsections (f-1), (f-2), and (g-1) to read as
follows:
(f-1) After a child has completed the established minimum
length of stay, the juvenile board or local juvenile probation
department shall:
(1) discharge the child from the custody of the
juvenile board or local juvenile probation department;
(2) release the child under supervision as provided by
Subsection (c)(2); or
(3) extend the child's length of stay in the custody of
the juvenile board or local juvenile probation department.
(f-2) A child's length of stay may only be extended under
Subsection (f-1)(3) on the basis of clear and convincing evidence
that:
(1) the child is in need of additional rehabilitation
from the local juvenile probation department; and
(2) the post-adjudication secure correctional
facility will provide the most suitable environment for that
rehabilitation.
(g-1) The local juvenile probation department may request
the approval of the court under Subsection (g) at any time.
SECTION 9. Sections 152.0016(h) and (i), Human Resources
Code, are amended to read as follows:
(h) The juvenile board or local juvenile probation
department may release a child who has been committed to a
post-adjudication secure correctional facility with a determinate
sentence under Section 54.04011(c)(2), Family Code, under
supervision without approval of the juvenile court that entered the
order of commitment if not more than nine months remain before the
child's discharge as provided by Section 245.051(g) under
152.00161(b).
(i) The juvenile board or local juvenile probation
department may resume the care and custody of any child released
under supervision at any time before the final discharge of the
child in accordance with the rules governing the Texas Juvenile
Justice Department regarding resumption of care. Sections 243.051
and 245.051(f), Human Resources Code, are applicable to a child who
has been committed to a post-adjudication secure correctional
facility under Section 54.04011(c), Family Code, and who has
escaped or broken the conditions of release under supervision, as
applicable. A hearing examiner who conducts a revocation under this
Subsection has the same subpoena authority as provided to a hearing
officer at the Texas Juvenile Justice Department under Section
203.008, Human Resources Code.
SECTION 10. Subchapter A, Chapter 152, Human Resources
Code, is amended by adding Section 152.00161 to read as follows:
Section 152.00161 TERMINATION OF CONTROL. (a) Except as
provided by Subsections (b) and (c), if a person is committed to a
post-adjudication secure correctional facility under a determinate
sentence as provided by Section 54.04011(c)(2), Family Code, the
juvenile board or juvenile probation department may not discharge
the person from its custody.
(b) The juvenile board or juvenile probation department
shall discharge without a court hearing a person committed to the
department for a determinate sentence under Section
54.04011(c)(2), Family Code, who has not been transferred to the
Texas Department of Criminal Justice under a court order on the date
the time spent by the person in detention in connection with the
committing offense plus the time spent in the custody of the
juvenile probation department under the order of commitment equals
the period of the sentence.
(c) The juvenile board or juvenile probation department
shall transfer to the Texas Department of Criminal Justice a person
who is the subject of an order under Section 152.0016(j)
transferring the person to the custody of the Texas Department
Criminal Justice for the completion of the person's sentence.
(d) Except as provided by Subsection (e), the juvenile board
or juvenile probation department shall discharge from its custody a
person not already discharged on the person's 19th birthday.
(e) The juvenile board or juvenile probation department
shall transfer a person who has been sentenced under a determinate
sentence to commitment as provided by Section 54.04011(c)(2),
Family Code, or who has been returned to the juvenile probation
department under Section 54.11(i)(1), Family Code, to the custody
of the Texas Department of Criminal Justice on the person's 19th
birthday, if the person has not already been discharged or
transferred, to serve the remainder of the person's sentence on
parole as provided by Section 508.156, Government Code.
SECTION 11. Subchapter A, Chapter 152, Human Resources
Code, is amended by adding Section 152.00162 to read as follows:
152.00162 DETERMINATE SENTENCE PAROLE. (a) Not later than
the 90th day before the date the juvenile probation department
transfers a person to the custody of the Texas Department of
Criminal Justice for release on parole supervision under Section
152.0016(g) or 152.00161(e), the juvenile probation department
shall submit to the Texas Department of Criminal Justice all
pertinent information relating to the person, including:
(1) the juvenile court judgment;
(2) the circumstances of the person's offense;
(3) the person's previous social history and juvenile
court records;
(4) the person's physical and mental health record;
(5) a record of the person's conduct, employment
history, and attitude while committed to the juvenile probation
department;
(6) a record of the sentence time served by the person
at the juvenile probation department as a result of a commitment
under Section 54.04011(c)(2), Family Code, and in a juvenile
detention facility in connection with the conduct for which the
person was committed; and
(7) any written comments or information provided by
the juvenile probation department, local officials, family members
of the person, victims of the offense, or the general public.
(b) The juvenile probation department shall provide
instruction for parole officers of the Texas Department of Criminal
Justice relating to juvenile programs at the juvenile probation
department. The juvenile probation department and the Texas
Department of Criminal Justice shall enter into a memorandum of
understanding relating to the administration of this subsection.
(c) The Texas Department of Criminal Justice shall grant
credit for sentence time served by a person at the juvenile
probation department and in a juvenile detention facility, as
recorded by the department under Subsection (a)(6), in computing
the person's eligibility for parole and discharge from the Texas
Department of Criminal Justice.
SECTION 12. Subchapter A, Chapter 152, Human Resources
Code, is amended by adding Section 152.00163 to read as follows:
152.00163 CHILD WITH MENTAL ILLNESS OR INTELLECTUAL
DISABILITY. (a) The juvenile probation department shall accept a
child with a mental illness or intellectual disability who is
committed to its custody.
(b) Unless a child is committed to the juvenile probation
department under a determinate sentence under Section 54.04(d)(3),
54.04(m), or 54.05(f), Family Code, the department shall discharge
a child with a mental illness or intellectual disability from its
custody if:
(1) the child has completed the minimum length of stay
for the child's committing offense; and
(2) the juvenile probation department determines that
the child is unable to progress in its rehabilitation programs
because of the child's mental illness or intellectual disability.
(c) If a child who is discharged from the juvenile probation
department under Subsection (b) as a result of mental illness is not
receiving court-ordered mental health services, the child's
discharge is effective on the earlier of:
(1) the date the court enters an order regarding an
application for mental health services filed under Section
152.001631(b); or
(2) the 30th day after the date the application is
filed.
(d) If a child who is discharged from the juvenile probation
department under Subsection (b) as a result of mental illness is
receiving court-ordered mental health services, the child's
discharge is effective immediately. If the child is receiving
mental health services outside the child's home county, the
juvenile probation department shall notify the mental health
authority located in that county of the discharge not later than the
30th day after the date that the child's discharge is effective.
(e) If a child who is discharged from the juvenile probation
department under Subsection (b) as a result of an intellectual
disability is not receiving intellectual disability services, the
child's discharge is effective on the earlier of:
(1) the date the court enters an order regarding an
application for intellectual disability services filed under
Section 152.001631(b); or
(2) the 30th day after the date that the application is
filed.
(f) If a child who is discharged from the juvenile probation
department under Subsection (b) as a result of intellectual
disability is receiving intellectual disability services, the
child's discharge from the department's custody is effective
immediately.
(g) If a child with a mental illness or intellectual
disability is discharged from the juvenile probation department
under Subsection (b), the child is eligible to receive continuity
of care services from the Texas Correctional Office on Offenders
with Medical or Mental Impairments under Chapter 614, Health and
Safety Code.
SECTION 13. Subchapter A, Chapter 152, Human Resources
Code, is amended by adding Section 152.001631 to read as follows:
Sec. 152.001631 EXAMINATION BEFORE DISCHARGE. (a) The
juvenile probation department shall establish a system that
identifies children with mental illnesses or intellectual
disabilities who are in the department's custody.
(b) Before a child with a mental illness is discharged from
the juvenile probation department's custody under Section
152.00163(b), the department shall have a psychiatrist examine the
child. The juvenile probation department shall refer a child
requiring outpatient psychiatric treatment to the appropriate
mental health authority. For a child requiring inpatient
psychiatric treatment, the juvenile probation department shall
file a sworn application for court-ordered mental health services,
as provided in Subchapter C, Chapter 574, Health and Safety Code,
if:
(1) the child is not receiving court-ordered mental
health services; and
(2) the psychiatrist who examined the child determines
that the child has a mental illness and the child meets at least one
of the criteria listed in Section 574.034, Health and Safety Code.
(c) Before a child who is identified as having an
intellectual disability under Chapter 593, Health and Safety Code,
is discharged from the juvenile probation department's custody
under Section 152.00163(b), the department shall refer the child
for intellectual disability services if the child is not receiving
mental health services.
SECTION 14. Subchapter A, Chapter 152, Human Resources
Code, is amended by adding Section 152.001632 to read as follows:
Sec. 152.001632. TRANSFER OF CERTAIN CHILDREN SERVING
DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) The
juvenile probation department may petition the juvenile court that
entered the order of commitment for a child for the initiation of
mental health commitment proceedings if the child is committed to
the department under a determinate sentence under Section
54.04(d)(3), 54.04(m), or 54.05(f), Family Code.
(b) A petition made by the juvenile probation department
shall be treated as a motion under Section 55.11, Family Code, and
the juvenile court shall proceed in accordance with Subchapter B,
Chapter 55, Family Code.
(c) The juvenile probation department shall cooperate with
the juvenile court in any proceeding under this section.
(d) The juvenile court shall credit to the term of the
child's commitment to the juvenile probation department any time
the child is committed to an inpatient mental health facility.
(e) A child committed to an inpatient mental health facility
as a result of a petition filed under this section may not be
released from the facility on a pass or furlough.
(f) If the term of an order committing a child to an
inpatient mental health facility is scheduled to expire before the
end of the child's sentence and another order committing the child
to an inpatient mental health facility is not scheduled to be
entered, the inpatient mental health facility shall notify the
juvenile court that entered the order of commitment committing the
child to the juvenile probation department. The juvenile court may
transfer the child to the custody of the juvenile probation
department, transfer the child to the Texas Department of Criminal
Justice, or release the child under supervision, as appropriate.
SECTION 15. This Act takes effect September 1, 2015.