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