By: Whitmire S.B. No. 2190
A BILL TO BE ENTITLED
AN ACT
relating to new crimes committed while committed to the Texas
Juvenile Justice Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 245.101, Human Resources Code, is
amended as follows:
Sec. 245.101. COMPLETION OF MINIMUM LENGTH OF STAY; PANEL.
(a) After a child who is committed to the department without a
determinate sentence completes the minimum length of stay
established by the department for the child under Section
243.002, and the child does not have a pending petition for new
delinquent conduct, and is not under indictment for a felony
committed during that commitment, the department shall, in the
manner provided by this section and Section 245.102:
(1) discharge the child from the custody of the
department;
(2) release the child under supervision under Section
245.051; or
(3) extend the length of the child's stay in the
custody of the department.
(b) The board by rule shall establish a panel whose function
is to review and determine whether a child who has completed the
child's minimum length of stay should be discharged from the
custody of the department as provided by Subsection (a)(1), be
released under supervision under Section 245.051 as provided by
Subsection (a)(2), or remain in the custody of the department for an
additional period of time as provided by Subsection (a)(3).
(c) The executive director shall determine the size of the
panel described by Subsection (b) and the length of the members'
terms of service on the panel. The panel must consist of an odd
number of members and the terms of the panel's members must last for
at least two years. The executive director shall adopt policies
that ensure the transparency, consistency, and objectivity of the
panel's composition, procedures, and decisions. The executive
director shall appoint persons to serve as members of the panel. A
person appointed to the panel must be a department employee who
works at the department's central office. A member of the panel may
not be involved in any supervisory decisions concerning children in
the custody of the department.
SECTION 2. Title 3, Chapter 53, Family Code, is amended by
adding Section 53.045 (18) to read as follows:
(18) Any degree of felony, except state jail,
committed by a juvenile while committed to the department.
SECTION 3. This Act takes effect September 1, 2021.