Texas 2015 - 84th Regular

Texas House Bill HB3665 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23324 MK-D
2	2	By: Workman H.B. No. 3665
3	3	Substitute the following for H.B. No. 3665:
4	4	By: Dutton C.S.H.B. No. 3665
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
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. Sections 51.13(c) and (d), Family Code, are
14	14	amended to read as follows:
15	15	(c) A child may not be committed or transferred to a penal
16	16	institution or other facility used primarily for the execution of
17	17	sentences of persons convicted of crime, except:
18	18	(1) for temporary detention in a jail or lockup
19	19	pending juvenile court hearing or disposition under conditions
20	20	meeting the requirements of Section 51.12;
21	21	(2) after transfer for prosecution in criminal court
22	22	under Section 54.02, unless the juvenile court orders the detention
23	23	of the child in a certified juvenile detention facility under
24	24	Section 54.02(h); [or]
25	25	(3) after transfer from the Texas Juvenile Justice
26	26	Department under Section 245.151(c), Human Resources Code; or
27	27	(4) after transfer from a post-adjudication secure
28	28	correctional facility, as that term is defined by Section 54.04011.
29	29	(d) An adjudication under Section 54.03 that a child engaged
30	30	in conduct that occurred on or after January 1, 1996, and that
31	31	constitutes a felony offense resulting in commitment to the Texas
32	32	Juvenile Justice Department under Section 54.04(d)(2), (d)(3), or
33	33	(m) or 54.05(f) or commitment to a post-adjudication secure
34	34	correctional facility under Section 54.04011 for conduct that
35	35	occurred on or after December 1, 2013, is a final felony conviction
36	36	only for the purposes of Sections 12.42(a), (b), and (c)(1) or
37	37	Section 12.425, Penal Code.
38	38	SECTION 2. Section 53.045(d), Family Code, is amended to
39	39	read as follows:
40	40	(d) If the grand jury approves of the petition, the fact of
41	41	approval shall be certified to the juvenile court, and the
42	42	certification shall be entered in the record of the case. For the
43	43	purpose of the transfer of a child to the Texas Department of
44	44	Criminal Justice as provided by Section 152.00161(c) or 245.151(c),
45	45	Human Resources Code, as applicable, a juvenile court petition
46	46	approved by a grand jury under this section is an indictment
47	47	presented by the grand jury.
48	48	SECTION 3. Section 54.11, Family Code, is amended by
49	49	amending Subsections (a), (b), and (d), and adding Subsection (o)
50	50	to read as follows:
51	51	(a) On receipt of a referral under Section 244.014(a), Human
52	52	Resources Code, for the transfer to the Texas Department of
53	53	Criminal Justice of a person committed to the Texas Juvenile
54	54	Justice Department under Section 54.04(d)(3), 54.04(m), or
55	55	54.05(f), on receipt of a request by the Texas Juvenile Justice
56	56	Department under Section 245.051(d), Human Resources Code, for
57	57	approval of the release under supervision of a person committed to
58	58	the Texas Juvenile Justice Department under Section 54.04(d)(3),
59	59	54.04(m), or 54.05(f), or on receipt of a referral under Section
60	60	152.0016(g) or (j), Human Resources Code, the court shall set a time
61	61	and place for a hearing on the possible transfer or release of the
62	62	person, as applicable.
63	63	(b) The court shall notify the following of the time and
64	64	place of the hearing:
65	65	(1) the person to be transferred or released under
66	66	supervision;
67	67	(2) the parents of the person;
68	68	(3) any legal custodian of the person, including the
69	69	Texas Juvenile Justice Department or a juvenile board or local
70	70	juvenile probation department if the child is committed to a
71	71	post-adjudication secure correctional facility;
72	72	(4) the office of the prosecuting attorney that
73	73	represented the state in the juvenile delinquency proceedings;
74	74	(5) the victim of the offense that was included in the
75	75	delinquent conduct that was a ground for the disposition, or a
76	76	member of the victim's family; and
77	77	(6) any other person who has filed a written request
78	78	with the court to be notified of a release hearing with respect to
79	79	the person to be transferred or released under supervision.
80	80	(d) At a hearing under this section the court may consider
81	81	written reports and supporting documents from probation officers,
82	82	professional court employees, professional consultants, [or]
83	83	employees of the Texas Juvenile Justice Department, or employees of
84	84	a post-adjudication secure correctional facility in addition to the
85	85	testimony of witnesses. On or before the fifth day before the date
86	86	of the hearing, the court shall provide the attorney for the person
87	87	to be transferred or released under supervision with access to all
88	88	written matter to be considered by the court. All written matter is
89	89	admissible in evidence at the hearing.
90	90	(o) In this section, "post-adjudication secure correctional
91	91	facility" has the meaning assigned by Section 54.04011.
92	92	SECTION 4. Section 58.352(a), Family Code, is amended to
93	93	read as follows:
94	94	(a) A juvenile court judge in a county to which this
95	95	subchapter applies shall post a report on the Internet website of
96	96	the county in which the court is located. The report must include:
97	97	(1) the total number of children committed by the
98	98	judge to:
99	99	(A) a correctional facility operated by the Texas
100	100	Juvenile Justice Department [Youth Commission]; or
101	101	(B) a post-adjudication secure correctional
102	102	facility as that term is defined by Section 54.04011; and
103	103	(2) for each child committed to a facility described
104	104	by Subdivision (1):
105	105	(A) a general description of the offense
106	106	committed by the child or the conduct of the child that led to the
107	107	child's commitment to the facility;
108	108	(B) the year the child was committed to the
109	109	facility; and
110	110	(C) the age range, race, and gender of the child.
111	111	SECTION 5. Section 499.053, Government Code, is amended to
112	112	read as follows:
113	113	Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE
114	114	DEPARTMENT OR POST-ADJUDICATION SECURE CORRECTIONAL FACILITY. (a)
115	115	In this section, "post-adjudication secure correctional facility"
116	116	has the meaning assigned by Section 152.00011, Human Resources
117	117	Code.
118	118	(a-1) The department shall accept persons transferred to
119	119	the department from:
120	120	(1) the Texas Juvenile Justice Department under
121	121	Section 245.151, Human Resources Code; or
122	122	(2) a post-adjudication secure correctional facility
123	123	under Section 152.00161, Human Resources Code.
124	124	(b) A person transferred to the department from the Texas
125	125	Juvenile Justice Department or from a post-adjudication secure
126	126	correctional facility is entitled to credit on the person's
127	127	sentence for the time served in the custody of the Texas Juvenile
128	128	Justice Department or the juvenile board or local juvenile
129	129	probation department, as applicable.
130	130	(c) All laws relating to good conduct time and eligibility
131	131	for release on parole or mandatory supervision apply to a person
132	132	transferred to the department by the Texas Juvenile Justice
133	133	Department or by a juvenile board or local juvenile probation
134	134	department that operates the post-adjudication secure correctional
135	135	facility as if the time the person was detained in a detention
136	136	facility and the time the person served in the custody of the Texas
137	137	Juvenile Justice Department or the juvenile board or local juvenile
138	138	probation department was time served in the custody of the
139	139	department.
140	140	(d) A person transferred from the Texas Juvenile Justice
141	141	Department or a post-adjudication secure correctional facility for
142	142	the offense of capital murder shall become eligible for parole as
143	143	provided in Section 508.145(d) for an offense listed in Section 3g,
144	144	Article 42.12, Code of Criminal Procedure, or an offense for which a
145	145	deadly weapon finding has been made.
146	146	SECTION 6. Section 508.003(c), Government Code, is amended
147	147	to read as follows:
148	148	(c) The provisions of this chapter not in conflict with
149	149	Section 508.156 apply to parole of a person from the Texas Juvenile
150	150	Justice Department or from a post-adjudication secure correctional
151	151	facility operated by or under contract with a juvenile board or
152	152	local juvenile probation department [Youth Commission] under that
153	153	section.
154	154	SECTION 7. Sections 508.156(a), (d), (e), and (f),
155	155	Government Code, are amended to read as follows:
156	156	(a) Before the release of a person who is transferred under
157	157	Section 152.0016(g), 152.00161(e), 245.051(c), or 245.151(e),
158	158	Human Resources Code, to the department for release on parole, a
159	159	parole panel shall review the person's records and may interview
160	160	the person or any other person the panel considers necessary to
161	161	determine the conditions of parole. The panel may impose any
162	162	reasonable condition of parole on the person that the panel may
163	163	impose on an adult inmate under this chapter.
164	164	(d) The period of parole for a person released on parole
165	165	under this section is the term for which the person was sentenced
166	166	less calendar time served at the Texas Juvenile Justice Department
167	167	or in the custody of a juvenile board or local juvenile probation
168	168	department following a commitment under Section 54.04011(c)(2),
169	169	Family Code, [Youth Commission] and in a juvenile detention
170	170	facility in connection with the conduct for which the person was
171	171	adjudicated.
172	172	(e) If a parole panel revokes the person's parole, the panel
173	173	may require the person to serve the remaining portion of the
174	174	person's sentence in the institutional division. The remaining
175	175	portion of the person's sentence is computed without credit for the
176	176	time from the date of the person's release to the date of
177	177	revocation. The panel may not recommit the person to the Texas
178	178	Juvenile Justice Department or to the custody of a juvenile board or
179	179	local juvenile probation department [Youth Commission].
180	180	(f) For purposes of this chapter, a person released from the
181	181	Texas Juvenile Justice Department or the custody of a juvenile
182	182	board or local juvenile probation department [Youth Commission] on
183	183	parole under this section is considered to have been convicted of
184	184	the offense for which the person has been adjudicated.
185	185	SECTION 8. Subchapter A, Chapter 152, Human Resources Code,
186	186	is amended by adding Section 152.00011 to read as follows:
187	187	Sec. 152.00011. DEFINITION. In this chapter,
188	188	"post-adjudication secure correctional facility" means a facility
189	189	operated by or under contract with a juvenile board or local
190	190	juvenile probation department under Section 152.0016.
191	191	SECTION 9. Section 152.0016, Human Resources Code, as added
192	192	by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, Regular
193	193	Session, 2013, is amended by adding Subsections (f-1), (f-2), and
194	194	(g-1) and amending Subsections (h) and (i) to read as follows:
195	195	(f-1) After a child has completed the minimum length of stay
196	196	established under Subsection (f), the juvenile board or local
197	197	juvenile probation department shall:
198	198	(1) discharge the child from the custody of the
199	199	juvenile board or local juvenile probation department;
200	200	(2) release the child under supervision as provided by
201	201	Subsection (c)(2); or
202	202	(3) extend the child's length of stay in the custody of
203	203	the juvenile board or local juvenile probation department.
204	204	(f-2) A child's length of stay may only be extended under
205	205	Subsection (f-1)(3) on the basis of clear and convincing evidence
206	206	that:
207	207	(1) the child is in need of additional rehabilitation
208	208	from the juvenile board or local juvenile probation department; and
209	209	(2) the post-adjudication secure correctional
210	210	facility will provide the most suitable environment for that
211	211	rehabilitation.
212	212	(g-1) The juvenile board or local juvenile probation
213	213	department may request the approval of the court under Subsection
214	214	(g) at any time.
215	215	(h) The juvenile board or local juvenile probation
216	216	department may release a child who has been committed to a
217	217	post-adjudication secure correctional facility with a determinate
218	218	sentence under Section 54.04011(c)(2), Family Code, under
219	219	supervision without approval of the juvenile court that entered the
220	220	order of commitment if not more than nine months remain before the
221	221	child's discharge as provided by Section 152.00161(b)
222	222	[245.051(g)].
223	223	(i) The juvenile board or local juvenile probation
224	224	department may resume the care and custody of any child released
225	225	under supervision at any time before the final discharge of the
226	226	child in accordance with the rules governing the Texas Juvenile
227	227	Justice Department regarding resumption of care. Sections 243.051
228	228	and 245.051(f) apply only to a child who has been committed to a
229	229	post-adjudication secure correctional facility under Section
230	230	54.04011(c), Family Code, and who has either escaped or violated
231	231	the conditions of release under supervision. A hearing examiner
232	232	who conducts a revocation under this subsection has the same
233	233	subpoena authority as a hearing officer at the Texas Juvenile
234	234	Justice Department, as provided under Section 203.008.
235	235	SECTION 10. Subchapter A, Chapter 152, Human Resources
236	236	Code, is amended by adding Sections 152.00161, 152.00162,
237	237	152.00163, 152.00164, and 152.00165 to read as follows:
238	238	Sec. 152.00161. TERMINATION OF CONTROL. (a) Except as
239	239	provided by Subsections (b) and (c), if a person is committed to a
240	240	post-adjudication secure correctional facility under a determinate
241	241	sentence under Section 54.04011(c)(2), Family Code, the juvenile
242	242	board or local juvenile probation department may not discharge the
243	243	person from custody.
244	244	(b) The juvenile board or local juvenile probation
245	245	department shall discharge without a court hearing a person
246	246	committed to the department for a determinate sentence under
247	247	Section 54.04011(c)(2), Family Code, who has not been transferred
248	248	to the Texas Department of Criminal Justice under a court order on
249	249	the date that the time spent by the person in detention in
250	250	connection with the committing case plus the time spent in the
251	251	custody of the juvenile board or local juvenile probation
252	252	department under the order of commitment equals the period of the
253	253	sentence.
254	254	(c) The juvenile board or local juvenile probation
255	255	department shall transfer to the Texas Department of Criminal
256	256	Justice a person who is the subject of an order under Section
257	257	152.0016(j) transferring the person to the custody of the Texas
258	258	Department of Criminal Justice for the completion of the person's
259	259	sentence.
260	260	(d) Except as provided by Subsection (e), the juvenile board
261	261	or local juvenile probation department shall discharge from its
262	262	custody a person not already discharged on the person's 19th
263	263	birthday.
264	264	(e) The juvenile board or local juvenile probation
265	265	department shall transfer a person who has been sentenced under a
266	266	determinate sentence to commitment under Section 54.04011(c)(2),
267	267	Family Code, or who has been returned to the juvenile board or local
268	268	juvenile probation department under Section 54.11(i)(1), Family
269	269	Code, to the custody of the Texas Department of Criminal Justice on
270	270	the person's 19th birthday, if the person has not already been
271	271	discharged or transferred, to serve the remainder of the person's
272	272	sentence on parole as provided by Section 508.156, Government Code.
273	273	Sec. 152.00162. DETERMINATE SENTENCE PAROLE. (a) Not
274	274	later than the 90th day before the date the juvenile board or local
275	275	juvenile probation department transfers a person to the custody of
276	276	the Texas Department of Criminal Justice for release on parole
277	277	supervision under Section 152.0016(g) or 152.00161(e), the
278	278	juvenile board or local juvenile probation department shall submit
279	279	to the Texas Department of Criminal Justice all pertinent
280	280	information relating to the person, including:
281	281	(1) the juvenile court judgment;
282	282	(2) the circumstances of the person's offense;
283	283	(3) the person's previous social history and juvenile
284	284	court records;
285	285	(4) the person's physical and mental health record;
286	286	(5) a record of the person's conduct, employment
287	287	history, and attitude while committed to the department;
288	288	(6) a record of the sentence time served by the person
289	289	at the juvenile board or local juvenile probation department as a
290	290	result of a commitment under Section 54.04011(c)(2), Family Code,
291	291	and in a juvenile detention facility in connection with the conduct
292	292	for which the person was adjudicated; and
293	293	(7) any written comments or information provided by
294	294	the juvenile board or local juvenile probation department, local
295	295	officials, family members of the person, victims of the offense, or
296	296	the general public.
297	297	(b) The juvenile board or local juvenile probation
298	298	department shall provide instruction for parole officers of the
299	299	Texas Department of Criminal Justice relating to juvenile programs
300	300	provided by the juvenile board or local juvenile probation
301	301	department. The juvenile boards and local juvenile probation
302	302	departments and the Texas Department of Criminal Justice shall
303	303	enter into a memorandum of understanding relating to the
304	304	administration of this subsection.
305	305	(c) The Texas Department of Criminal Justice shall grant
306	306	credit for sentence time served by a person in the custody of a
307	307	juvenile board or local juvenile probation department and in a
308	308	juvenile detention facility, as recorded by the board or department
309	309	under Subsection (a)(6), in computing the person's eligibility for
310	310	parole and discharge from the Texas Department of Criminal Justice.
311	311	Sec. 152.00163. CHILD WITH MENTAL ILLNESS OR INTELLECTUAL
312	312	DISABILITY. (a) A juvenile board or local juvenile probation
313	313	department shall accept a child with a mental illness or an
314	314	intellectual disability who is committed to the custody of the
315	315	board or department.
316	316	(b) Unless a child is committed to the custody of a juvenile
317	317	board or local juvenile probation department under a determinate
318	318	sentence under Section 54.04011(c)(2), Family Code, the juvenile
319	319	board or local juvenile probation department shall discharge a
320	320	child with a mental illness or an intellectual disability from its
321	321	custody if:
322	322	(1) the child has completed the minimum length of stay
323	323	for the child's committing offense; and
324	324	(2) the juvenile board or local juvenile probation
325	325	department determines that the child is unable to progress in the
326	326	rehabilitation programs provided by the juvenile board or local
327	327	juvenile probation department because of the child's mental illness
328	328	or intellectual disability.
329	329	(c) If a child who is discharged from the custody of a
330	330	juvenile board or local juvenile probation department under
331	331	Subsection (b) as a result of mental illness is not receiving
332	332	court-ordered mental health services, the child's discharge is
333	333	effective on the earlier of:
334	334	(1) the date the court enters an order regarding an
335	335	application for mental health services filed under Section
336	336	152.00164(b); or
337	337	(2) the 30th day after the date the application is
338	338	filed.
339	339	(d) If a child who is discharged from the custody of a
340	340	juvenile board or local juvenile probation department under
341	341	Subsection (b) as a result of mental illness is receiving
342	342	court-ordered mental health services, the child's discharge is
343	343	effective immediately. If the child is receiving mental health
344	344	services outside the child's home county, the juvenile board or
345	345	local juvenile probation department shall notify the mental health
346	346	authority located in that county of the discharge not later than the
347	347	30th day after the date that the child's discharge is effective.
348	348	(e) If a child who is discharged from the custody of a
349	349	juvenile board or local juvenile probation department under
350	350	Subsection (b) as a result of an intellectual disability is not
351	351	receiving intellectual disability services, the child's discharge
352	352	is effective on the 30th day after the date that the referral is
353	353	made under Section 152.00164(c).
354	354	(f) If a child who is discharged from the custody of a
355	355	juvenile board or local juvenile probation department under
356	356	Subsection (b) as a result of an intellectual disability is
357	357	receiving intellectual disability services, the child's discharge
358	358	is effective immediately.
359	359	(g) If a child with a mental illness or an intellectual
360	360	disability is discharged from the custody of a juvenile board or
361	361	local juvenile probation department under Subsection (b), the child
362	362	is eligible to receive continuity of care services from the Texas
363	363	Correctional Office on Offenders with Medical or Mental Impairments
364	364	under Chapter 614, Health and Safety Code.
365	365	Sec. 152.00164. EXAMINATION BEFORE DISCHARGE. (a) A
366	366	juvenile board or local juvenile probation department shall
367	367	establish a system that identifies children with mental illnesses
368	368	or intellectual disabilities who are in the custody of the juvenile
369	369	board or local juvenile probation department.
370	370	(b) Before a child who is identified as having a mental
371	371	illness is discharged from the custody of the juvenile board or
372	372	local juvenile probation department under Section 152.00163(b),
373	373	the juvenile board or local juvenile probation department shall
374	374	arrange for a psychiatrist to examine the child. The juvenile board
375	375	or local juvenile probation department shall refer a child
376	376	requiring outpatient psychiatric treatment to the appropriate
377	377	mental health authority. For a child requiring inpatient
378	378	psychiatric treatment, the juvenile board or local juvenile
379	379	probation department shall file a sworn application for
380	380	court-ordered mental health services, as provided in Subchapter C,
381	381	Chapter 574, Health and Safety Code, if:
382	382	(1) the child is not receiving court-ordered mental
383	383	health services; and
384	384	(2) the psychiatrist who examined the child determines
385	385	that the child has a mental illness and the child meets at least one
386	386	of the criteria listed in Section 574.034, Health and Safety Code.
387	387	(c) Before a child who is identified as having an
388	388	intellectual disability under Chapter 593, Health and Safety Code,
389	389	is discharged from the custody of a juvenile board or local juvenile
390	390	probation department under Section 152.00163(b), the department
391	391	shall refer the child for intellectual disability services if the
392	392	child is not receiving intellectual disability services.
393	393	Sec. 152.00165. TRANSFER OF CERTAIN CHILDREN SERVING
394	394	DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) A juvenile
395	395	board or local juvenile probation department may petition the
396	396	juvenile court that entered the order of commitment for a child for
397	397	the initiation of mental health commitment proceedings if the child
398	398	is committed to the custody of the juvenile board or local juvenile
399	399	probation department under a determinate sentence under Section
400	400	54.04011(c)(2), Family Code.
401	401	(b) A petition made by a juvenile board or local juvenile
402	402	probation department shall be treated as a motion under Section
403	403	55.11, Family Code, and the juvenile court shall proceed in
404	404	accordance with Subchapter B, Chapter 55, Family Code.
405	405	(c) A juvenile board or local juvenile probation department
406	406	shall cooperate with the juvenile court in any proceeding under
407	407	this section.
408	408	(d) The juvenile court shall credit to the term of the
409	409	child's commitment to a juvenile board or local juvenile probation
410	410	department any time the child is committed to an inpatient mental
411	411	health facility.
412	412	(e) A child committed to an inpatient mental health facility
413	413	as a result of a petition filed under this section may not be
414	414	released from the facility on a pass or furlough.
415	415	(f) If the term of an order committing a child to an
416	416	inpatient mental health facility is scheduled to expire before the
417	417	end of the child's sentence and another order committing the child
418	418	to an inpatient mental health facility is not scheduled to be
419	419	entered, the inpatient mental health facility shall notify the
420	420	juvenile court that entered the order of commitment committing the
421	421	child to a juvenile board or local juvenile probation department.
422	422	The juvenile court may transfer the child to the custody of the
423	423	juvenile board or local juvenile probation department, transfer the
424	424	child to the Texas Department of Criminal Justice, or release the
425	425	child under supervision, as appropriate.
426	426	SECTION 11. (a) Section 261.101, Human Resources Code, is
427	427	amended by adding Subsections (a-1) and (f) and amending Subsection
428	428	(e) to read as follows:
429	429	(a-1) The independent ombudsman shall perform the duties
430	430	required under Subsection (a) with respect to children committed to
431	431	the department and children committed to a post-adjudication secure
432	432	correctional facility under Section 54.04011, Family Code.
433	433	(e) Notwithstanding any other provision of this chapter,
434	434	the powers of the office are limited to:
435	435	(1) facilities operated and services provided by the
436	436	department under Subtitle C; and
437	437	(2) post-adjudication correctional facilities under
438	438	Section 152.0016.
439	439	(f) This subsection and Subsections (a-1) and (e) expire
440	440	December 31, 2018.
441	441	(b) Effective January 1, 2019, Section 261.101, Human
442	442	Resources Code, is amended by adding Subsection (e) to read as
443	443	follows:
444	444	(e) Notwithstanding any other provision of this chapter,
445	445	the powers of the office are limited to facilities operated and
446	446	services provided by the department under Subtitle C.
447	447	SECTION 12. Section 152.0016(b), Human Resources Code, as
448	448	added by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature,
449	449	Regular Session, 2013, is repealed.
450	450	SECTION 13. The change in law made by this Act applies to a
451	451	person committed to or serving a sentence in a post-adjudication
452	452	secure correctional facility on or after the effective date of this
453	453	Act, regardless of whether the underlying conduct giving rise to
454	454	the commitment and sentence occurred before, on, or after that
455	455	date.
456	456	SECTION 14. This Act takes effect September 1, 2015.