Texas 2015 - 84th Regular

Texas Senate Bill SB1149 Compare Versions

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1-By: Watson S.B. No. 1149
2- (Workman)
1+S.B. No. 1149
32
43
5- A BILL TO BE ENTITLED
64 AN ACT
75 relating to the commitment of certain juveniles to local
86 post-adjudication secure correctional facilities in certain
97 counties and to the release under supervision of those juveniles.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
119 SECTION 1. Sections 51.13(c) and (d), Family Code, are
1210 amended to read as follows:
1311 (c) A child may not be committed or transferred to a penal
1412 institution or other facility used primarily for the execution of
1513 sentences of persons convicted of crime, except:
1614 (1) for temporary detention in a jail or lockup
1715 pending juvenile court hearing or disposition under conditions
1816 meeting the requirements of Section 51.12;
1917 (2) after transfer for prosecution in criminal court
2018 under Section 54.02, unless the juvenile court orders the detention
2119 of the child in a certified juvenile detention facility under
2220 Section 54.02(h); [or]
2321 (3) after transfer from the Texas Juvenile Justice
2422 Department under Section 245.151(c), Human Resources Code; or
2523 (4) after transfer from a post-adjudication secure
2624 correctional facility, as that term is defined by Section 54.04011.
2725 (d) An adjudication under Section 54.03 that a child engaged
2826 in conduct that occurred on or after January 1, 1996, and that
2927 constitutes a felony offense resulting in commitment to the Texas
3028 Juvenile Justice Department under Section 54.04(d)(2), (d)(3), or
3129 (m) or 54.05(f) or commitment to a post-adjudication secure
3230 correctional facility under Section 54.04011 for conduct that
3331 occurred on or after December 1, 2013, is a final felony conviction
3432 only for the purposes of Sections 12.42(a), (b), and (c)(1) or
3533 Section 12.425, Penal Code.
3634 SECTION 2. Section 53.045(d), Family Code, is amended to
3735 read as follows:
3836 (d) If the grand jury approves of the petition, the fact of
3937 approval shall be certified to the juvenile court, and the
4038 certification shall be entered in the record of the case. For the
4139 purpose of the transfer of a child to the Texas Department of
4240 Criminal Justice as provided by Section 152.00161(c) or 245.151(c),
4341 Human Resources Code, as applicable, a juvenile court petition
4442 approved by a grand jury under this section is an indictment
4543 presented by the grand jury.
4644 SECTION 3. Section 54.11, Family Code, is amended by
4745 amending Subsections (a), (b), and (d) and adding Subsection (o) to
4846 read as follows:
4947 (a) On receipt of a referral under Section 244.014(a), Human
5048 Resources Code, for the transfer to the Texas Department of
5149 Criminal Justice of a person committed to the Texas Juvenile
5250 Justice Department under Section 54.04(d)(3), 54.04(m), or
5351 54.05(f), on receipt of a request by the Texas Juvenile Justice
5452 Department under Section 245.051(d), Human Resources Code, for
5553 approval of the release under supervision of a person committed to
5654 the Texas Juvenile Justice Department under Section 54.04(d)(3),
5755 54.04(m), or 54.05(f), or on receipt of a referral under Section
5856 152.0016(g) or (j), Human Resources Code, the court shall set a time
5957 and place for a hearing on the possible transfer or release of the
6058 person, as applicable.
6159 (b) The court shall notify the following of the time and
6260 place of the hearing:
6361 (1) the person to be transferred or released under
6462 supervision;
6563 (2) the parents of the person;
6664 (3) any legal custodian of the person, including the
6765 Texas Juvenile Justice Department or a juvenile board or local
6866 juvenile probation department if the child is committed to a
6967 post-adjudication secure correctional facility;
7068 (4) the office of the prosecuting attorney that
7169 represented the state in the juvenile delinquency proceedings;
7270 (5) the victim of the offense that was included in the
7371 delinquent conduct that was a ground for the disposition, or a
7472 member of the victim's family; and
7573 (6) any other person who has filed a written request
7674 with the court to be notified of a release hearing with respect to
7775 the person to be transferred or released under supervision.
7876 (d) At a hearing under this section the court may consider
7977 written reports and supporting documents from probation officers,
8078 professional court employees, professional consultants, [or]
8179 employees of the Texas Juvenile Justice Department, or employees of
8280 a post-adjudication secure correctional facility in addition to the
8381 testimony of witnesses. On or before the fifth day before the date
8482 of the hearing, the court shall provide the attorney for the person
8583 to be transferred or released under supervision with access to all
8684 written matter to be considered by the court. All written matter is
8785 admissible in evidence at the hearing.
8886 (o) In this section, "post-adjudication secure correctional
8987 facility" has the meaning assigned by Section 54.04011.
9088 SECTION 4. Section 58.352(a), Family Code, is amended to
9189 read as follows:
9290 (a) A juvenile court judge in a county to which this
9391 subchapter applies shall post a report on the Internet website of
9492 the county in which the court is located. The report must include:
9593 (1) the total number of children committed by the
9694 judge to:
9795 (A) a correctional facility operated by the Texas
9896 Juvenile Justice Department [Youth Commission]; or
9997 (B) a post-adjudication secure correctional
10098 facility as that term is defined by Section 54.04011; and
10199 (2) for each child committed to a facility described
102100 by Subdivision (1):
103101 (A) a general description of the offense
104102 committed by the child or the conduct of the child that led to the
105103 child's commitment to the facility;
106104 (B) the year the child was committed to the
107105 facility; and
108106 (C) the age range, race, and gender of the child.
109107 SECTION 5. Section 499.053, Government Code, is amended to
110108 read as follows:
111109 Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE
112110 DEPARTMENT OR POST-ADJUDICATION SECURE CORRECTIONAL FACILITY.
113111 (a) In this section, "post-adjudication secure correctional
114112 facility" has the meaning assigned by Section 152.00011, Human
115113 Resources Code.
116114 (a-1) The department shall accept persons transferred to
117115 the department from:
118116 (1) the Texas Juvenile Justice Department under
119117 Section 245.151, Human Resources Code; or
120118 (2) a post-adjudication secure correctional facility
121119 under Section 152.00161, Human Resources Code.
122120 (b) A person transferred to the department from the Texas
123121 Juvenile Justice Department or from a post-adjudication secure
124122 correctional facility is entitled to credit on the person's
125123 sentence for the time served in the custody of the Texas Juvenile
126124 Justice Department or the juvenile board or local juvenile
127125 probation department, as applicable.
128126 (c) All laws relating to good conduct time and eligibility
129127 for release on parole or mandatory supervision apply to a person
130128 transferred to the department by the Texas Juvenile Justice
131129 Department or by a juvenile board or local juvenile probation
132130 department that operates the post-adjudication secure correctional
133131 facility as if the time the person was detained in a detention
134132 facility and the time the person served in the custody of the Texas
135133 Juvenile Justice Department or the juvenile board or local juvenile
136134 probation department was time served in the custody of the
137135 department.
138136 (d) A person transferred from the Texas Juvenile Justice
139137 Department or a post-adjudication secure correctional facility for
140138 the offense of capital murder shall become eligible for parole as
141139 provided in Section 508.145(d) for an offense listed in Section 3g,
142140 Article 42.12, Code of Criminal Procedure, or an offense for which a
143141 deadly weapon finding has been made.
144142 SECTION 6. Section 508.003(c), Government Code, is amended
145143 to read as follows:
146144 (c) The provisions of this chapter not in conflict with
147145 Section 508.156 apply to parole of a person from the Texas Juvenile
148146 Justice Department or from a post-adjudication secure correctional
149147 facility operated by or under contract with a juvenile board or
150148 local juvenile probation department [Youth Commission] under that
151149 section.
152150 SECTION 7. Sections 508.156(a), (d), (e), and (f),
153151 Government Code, are amended to read as follows:
154152 (a) Before the release of a person who is transferred under
155153 Section 152.0016(g), 152.00161(e), 245.051(c), or 245.151(e),
156154 Human Resources Code, to the department for release on parole, a
157155 parole panel shall review the person's records and may interview
158156 the person or any other person the panel considers necessary to
159157 determine the conditions of parole. The panel may impose any
160158 reasonable condition of parole on the person that the panel may
161159 impose on an adult inmate under this chapter.
162160 (d) The period of parole for a person released on parole
163161 under this section is the term for which the person was sentenced
164162 less calendar time served at the Texas Juvenile Justice Department
165163 or in the custody of a juvenile board or local juvenile probation
166164 department following a commitment under Section 54.04011(c)(2),
167165 Family Code, [Youth Commission] and in a juvenile detention
168166 facility in connection with the conduct for which the person was
169167 adjudicated.
170168 (e) If a parole panel revokes the person's parole, the panel
171169 may require the person to serve the remaining portion of the
172170 person's sentence in the institutional division. The remaining
173171 portion of the person's sentence is computed without credit for the
174172 time from the date of the person's release to the date of
175173 revocation. The panel may not recommit the person to the Texas
176174 Juvenile Justice Department or to the custody of a juvenile board or
177175 local juvenile probation department [Youth Commission].
178176 (f) For purposes of this chapter, a person released from the
179177 Texas Juvenile Justice Department or the custody of a juvenile
180178 board or local juvenile probation department [Youth Commission] on
181179 parole under this section is considered to have been convicted of
182180 the offense for which the person has been adjudicated.
183181 SECTION 8. Subchapter A, Chapter 152, Human Resources Code,
184182 is amended by adding Section 152.00011 to read as follows:
185183 Sec. 152.00011. DEFINITION. In this chapter,
186184 "post-adjudication secure correctional facility" means a facility
187185 operated by or under contract with a juvenile board or local
188186 juvenile probation department under Section 152.0016.
189187 SECTION 9. Section 152.0016, Human Resources Code, as added
190188 by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, Regular
191189 Session, 2013, is amended by adding Subsections (f-1), (f-2), and
192190 (g-1) and amending Subsections (h) and (i) to read as follows:
193191 (f-1) After a child has completed the minimum length of stay
194192 established under Subsection (f), the juvenile board or local
195193 juvenile probation department shall:
196194 (1) discharge the child from the custody of the
197195 juvenile board or local juvenile probation department;
198196 (2) release the child under supervision as provided by
199197 Subsection (c)(2); or
200198 (3) extend the child's length of stay in the custody of
201199 the juvenile board or local juvenile probation department.
202200 (f-2) A child's length of stay may only be extended under
203201 Subsection (f-1)(3) on the basis of clear and convincing evidence
204202 that:
205203 (1) the child is in need of additional rehabilitation
206204 from the juvenile board or local juvenile probation department; and
207205 (2) the post-adjudication secure correctional
208206 facility will provide the most suitable environment for that
209207 rehabilitation.
210208 (g-1) The juvenile board or local juvenile probation
211209 department may request the approval of the court under Subsection
212210 (g) at any time.
213211 (h) The juvenile board or local juvenile probation
214212 department may release a child who has been committed to a
215213 post-adjudication secure correctional facility with a determinate
216214 sentence under Section 54.04011(c)(2), Family Code, under
217215 supervision without approval of the juvenile court that entered the
218216 order of commitment if not more than nine months remain before the
219217 child's discharge as provided by Section 152.00161(b)
220218 [245.051(g)].
221219 (i) The juvenile board or local juvenile probation
222220 department may resume the care and custody of any child released
223221 under supervision at any time before the final discharge of the
224222 child in accordance with the rules governing the Texas Juvenile
225223 Justice Department regarding resumption of care. Sections 243.051
226224 and 245.051(f) apply only to a child who has been committed to a
227225 post-adjudication secure correctional facility under Section
228226 54.04011(c), Family Code, and who has either escaped or violated
229227 the conditions of release under supervision. A hearing examiner
230228 who conducts a revocation under this subsection has the same
231229 subpoena authority as a hearing officer at the Texas Juvenile
232230 Justice Department, as provided under Section 203.008.
233231 SECTION 10. Subchapter A, Chapter 152, Human Resources
234232 Code, is amended by adding Sections 152.00161, 152.00162,
235233 152.00163, 152.00164, and 152.00165 to read as follows:
236234 Sec. 152.00161. TERMINATION OF CONTROL. (a) Except as
237235 provided by Subsections (b) and (c), if a person is committed to a
238236 post-adjudication secure correctional facility under a determinate
239237 sentence under Section 54.04011(c)(2), Family Code, the juvenile
240238 board or local juvenile probation department may not discharge the
241239 person from custody.
242240 (b) The juvenile board or local juvenile probation
243241 department shall discharge without a court hearing a person
244242 committed to the department for a determinate sentence under
245243 Section 54.04011(c)(2), Family Code, who has not been transferred
246244 to the Texas Department of Criminal Justice under a court order on
247245 the date that the time spent by the person in detention in
248246 connection with the committing case plus the time spent in the
249247 custody of the juvenile board or local juvenile probation
250248 department under the order of commitment equals the period of the
251249 sentence.
252250 (c) The juvenile board or local juvenile probation
253251 department shall transfer to the Texas Department of Criminal
254252 Justice a person who is the subject of an order under Section
255253 152.0016(j) transferring the person to the custody of the Texas
256254 Department of Criminal Justice for the completion of the person's
257255 sentence.
258256 (d) Except as provided by Subsection (e), the juvenile board
259257 or local juvenile probation department shall discharge from its
260258 custody a person not already discharged on the person's 19th
261259 birthday.
262260 (e) The juvenile board or local juvenile probation
263261 department shall transfer a person who has been sentenced under a
264262 determinate sentence to commitment under Section 54.04011(c)(2),
265263 Family Code, or who has been returned to the juvenile board or local
266264 juvenile probation department under Section 54.11(i)(1), Family
267265 Code, to the custody of the Texas Department of Criminal Justice on
268266 the person's 19th birthday, if the person has not already been
269267 discharged or transferred, to serve the remainder of the person's
270268 sentence on parole as provided by Section 508.156, Government Code.
271269 Sec. 152.00162. DETERMINATE SENTENCE PAROLE. (a) Not
272270 later than the 90th day before the date the juvenile board or local
273271 juvenile probation department transfers a person to the custody of
274272 the Texas Department of Criminal Justice for release on parole
275273 supervision under Section 152.0016(g) or 152.00161(e), the
276274 juvenile board or local juvenile probation department shall submit
277275 to the Texas Department of Criminal Justice all pertinent
278276 information relating to the person, including:
279277 (1) the juvenile court judgment;
280278 (2) the circumstances of the person's offense;
281279 (3) the person's previous social history and juvenile
282280 court records;
283281 (4) the person's physical and mental health record;
284282 (5) a record of the person's conduct, employment
285283 history, and attitude while committed to the department;
286284 (6) a record of the sentence time served by the person
287285 at the juvenile board or local juvenile probation department as a
288286 result of a commitment under Section 54.04011(c)(2), Family Code,
289287 and in a juvenile detention facility in connection with the conduct
290288 for which the person was adjudicated; and
291289 (7) any written comments or information provided by
292290 the juvenile board or local juvenile probation department, local
293291 officials, family members of the person, victims of the offense, or
294292 the general public.
295293 (b) The juvenile board or local juvenile probation
296294 department shall provide instruction for parole officers of the
297295 Texas Department of Criminal Justice relating to juvenile programs
298296 provided by the juvenile board or local juvenile probation
299297 department. The juvenile boards and local juvenile probation
300298 departments and the Texas Department of Criminal Justice shall
301299 enter into a memorandum of understanding relating to the
302300 administration of this subsection.
303301 (c) The Texas Department of Criminal Justice shall grant
304302 credit for sentence time served by a person in the custody of a
305303 juvenile board or local juvenile probation department and in a
306304 juvenile detention facility, as recorded by the board or department
307305 under Subsection (a)(6), in computing the person's eligibility for
308306 parole and discharge from the Texas Department of Criminal Justice.
309307 Sec. 152.00163. CHILD WITH MENTAL ILLNESS OR INTELLECTUAL
310308 DISABILITY. (a) A juvenile board or local juvenile probation
311309 department shall accept a child with a mental illness or an
312310 intellectual disability who is committed to the custody of the
313311 board or department.
314312 (b) Unless a child is committed to the custody of a juvenile
315313 board or local juvenile probation department under a determinate
316314 sentence under Section 54.04011(c)(2), Family Code, the juvenile
317315 board or local juvenile probation department shall discharge a
318316 child with a mental illness or an intellectual disability from its
319317 custody if:
320318 (1) the child has completed the minimum length of stay
321319 for the child's committing offense; and
322320 (2) the juvenile board or local juvenile probation
323321 department determines that the child is unable to progress in the
324322 rehabilitation programs provided by the juvenile board or local
325323 juvenile probation department because of the child's mental illness
326324 or intellectual disability.
327325 (c) If a child who is discharged from the custody of a
328326 juvenile board or local juvenile probation department under
329327 Subsection (b) as a result of mental illness is not receiving
330328 court-ordered mental health services, the child's discharge is
331329 effective on the earlier of:
332330 (1) the date the court enters an order regarding an
333331 application for mental health services filed under Section
334332 152.00164(b); or
335333 (2) the 30th day after the date the application is
336334 filed.
337335 (d) If a child who is discharged from the custody of a
338336 juvenile board or local juvenile probation department under
339337 Subsection (b) as a result of mental illness is receiving
340338 court-ordered mental health services, the child's discharge is
341339 effective immediately. If the child is receiving mental health
342340 services outside the child's home county, the juvenile board or
343341 local juvenile probation department shall notify the mental health
344342 authority located in that county of the discharge not later than the
345343 30th day after the date that the child's discharge is effective.
346344 (e) If a child who is discharged from the custody of a
347345 juvenile board or local juvenile probation department under
348346 Subsection (b) as a result of an intellectual disability is not
349347 receiving intellectual disability services, the child's discharge
350348 is effective on the 30th day after the date that the referral is
351349 made under Section 152.00164(c).
352350 (f) If a child who is discharged from the custody of a
353351 juvenile board or local juvenile probation department under
354352 Subsection (b) as a result of an intellectual disability is
355353 receiving intellectual disability services, the child's discharge
356354 is effective immediately.
357355 (g) If a child with a mental illness or an intellectual
358356 disability is discharged from the custody of a juvenile board or
359357 local juvenile probation department under Subsection (b), the child
360358 is eligible to receive continuity of care services from the Texas
361359 Correctional Office on Offenders with Medical or Mental Impairments
362360 under Chapter 614, Health and Safety Code.
363361 Sec. 152.00164. EXAMINATION BEFORE DISCHARGE. (a) A
364362 juvenile board or local juvenile probation department shall
365363 establish a system that identifies children with mental illnesses
366364 or intellectual disabilities who are in the custody of the juvenile
367365 board or local juvenile probation department.
368366 (b) Before a child who is identified as having a mental
369367 illness is discharged from the custody of the juvenile board or
370368 local juvenile probation department under Section 152.00163(b),
371369 the juvenile board or local juvenile probation department shall
372370 arrange for a psychiatrist to examine the child. The juvenile board
373371 or local juvenile probation department shall refer a child
374372 requiring outpatient psychiatric treatment to the appropriate
375373 mental health authority. For a child requiring inpatient
376374 psychiatric treatment, the juvenile board or local juvenile
377375 probation department shall file a sworn application for
378376 court-ordered mental health services, as provided in Subchapter C,
379377 Chapter 574, Health and Safety Code, if:
380378 (1) the child is not receiving court-ordered mental
381379 health services; and
382380 (2) the psychiatrist who examined the child determines
383381 that the child has a mental illness and the child meets at least one
384382 of the criteria listed in Section 574.034, Health and Safety Code.
385383 (c) Before a child who is identified as having an
386384 intellectual disability under Chapter 593, Health and Safety Code,
387385 is discharged from the custody of a juvenile board or local juvenile
388386 probation department under Section 152.00163(b), the department
389387 shall refer the child for intellectual disability services if the
390388 child is not receiving intellectual disability services.
391389 Sec. 152.00165. TRANSFER OF CERTAIN CHILDREN SERVING
392390 DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) A juvenile
393391 board or local juvenile probation department may petition the
394392 juvenile court that entered the order of commitment for a child for
395393 the initiation of mental health commitment proceedings if the child
396394 is committed to the custody of the juvenile board or local juvenile
397395 probation department under a determinate sentence under Section
398396 54.04011(c)(2), Family Code.
399397 (b) A petition made by a juvenile board or local juvenile
400398 probation department shall be treated as a motion under Section
401399 55.11, Family Code, and the juvenile court shall proceed in
402400 accordance with Subchapter B, Chapter 55, Family Code.
403401 (c) A juvenile board or local juvenile probation department
404402 shall cooperate with the juvenile court in any proceeding under
405403 this section.
406404 (d) The juvenile court shall credit to the term of the
407405 child's commitment to a juvenile board or local juvenile probation
408406 department any time the child is committed to an inpatient mental
409407 health facility.
410408 (e) A child committed to an inpatient mental health facility
411409 as a result of a petition filed under this section may not be
412410 released from the facility on a pass or furlough.
413411 (f) If the term of an order committing a child to an
414412 inpatient mental health facility is scheduled to expire before the
415413 end of the child's sentence and another order committing the child
416414 to an inpatient mental health facility is not scheduled to be
417415 entered, the inpatient mental health facility shall notify the
418416 juvenile court that entered the order of commitment committing the
419417 child to a juvenile board or local juvenile probation department.
420418 The juvenile court may transfer the child to the custody of the
421419 juvenile board or local juvenile probation department, transfer the
422420 child to the Texas Department of Criminal Justice, or release the
423421 child under supervision, as appropriate.
424422 SECTION 11. (a) Section 261.101, Human Resources Code, is
425423 amended by adding Subsections (a-1) and (f) and amending Subsection
426424 (e) to read as follows:
427425 (a-1) The independent ombudsman shall perform the duties
428426 required under Subsection (a) with respect to children committed to
429427 the department and children committed to a post-adjudication secure
430428 correctional facility under Section 54.04011, Family Code.
431429 (e) Notwithstanding any other provision of this chapter,
432430 the powers of the office are limited to:
433431 (1) facilities operated and services provided by the
434432 department under Subtitle C; and
435433 (2) post-adjudication correctional facilities under
436434 Section 152.0016.
437435 (f) This subsection and Subsections (a-1) and (e) expire
438436 December 31, 2018.
439437 (b) Effective January 1, 2019, Section 261.101, Human
440438 Resources Code, is amended by adding Subsection (e) to read as
441439 follows:
442440 (e) Notwithstanding any other provision of this chapter,
443441 the powers of the office are limited to facilities operated and
444442 services provided by the department under Subtitle C.
445443 SECTION 12. Section 152.0016(b), Human Resources Code, as
446444 added by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature,
447445 Regular Session, 2013, is repealed.
448446 SECTION 13. The change in law made by this Act applies to a
449447 person committed to or serving a sentence in a post-adjudication
450448 secure correctional facility on or after the effective date of this
451449 Act, regardless of whether the underlying conduct giving rise to
452450 the commitment and sentence occurred before, on, or after that
453451 date.
454452 SECTION 14. This Act takes effect September 1, 2015.
453+ ______________________________ ______________________________
454+ President of the Senate Speaker of the House
455+ I hereby certify that S.B. No. 1149 passed the Senate on
456+ April 23, 2015, by the following vote: Yeas 30, Nays 0.
457+ ______________________________
458+ Secretary of the Senate
459+ I hereby certify that S.B. No. 1149 passed the House on
460+ May 22, 2015, by the following vote: Yeas 140, Nays 0, two
461+ present not voting.
462+ ______________________________
463+ Chief Clerk of the House
464+ Approved:
465+ ______________________________
466+ Date
467+ ______________________________
468+ Governor