Texas 2023 - 88th Regular

Texas House Bill HB1520 Compare Versions

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1	1	88R6713 CJD-D
2	2	By: Canales H.B. No. 1520
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Juvenile
8	8	Justice Department and the functions of the office of independent
9	9	ombudsman for the Texas Juvenile Justice Department.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42A.054, Code of Criminal Procedure, is
12	12	amended by adding Subsection (b-1) to read as follows:
13	13	(b-1) Article 42A.053 does not apply to a defendant if it is
14	14	shown that the defendant committed an offense punishable as a
15	15	felony when the defendant was:
16	16	(1) at least 17 years of age;
17	17	(2) committed to the Texas Juvenile Justice
18	18	Department; and
19	19	(3) confined in a secure facility operated under
20	20	Subtitle C, Title 12, Human Resources Code.
21	21	SECTION 2. Article 42A.056, Code of Criminal Procedure, is
22	22	amended to read as follows:
23	23	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
24	24	SUPERVISION. A defendant is not eligible for community supervision
25	25	under Article 42A.055 if the defendant:
26	26	(1) is sentenced to a term of imprisonment that
27	27	exceeds 10 years;
28	28	(2) is convicted of a state jail felony for which
29	29	suspension of the imposition of the sentence occurs automatically
30	30	under Article 42A.551;
31	31	(3) is adjudged guilty of an offense under Section
32	32	19.02, Penal Code;
33	33	(4) is convicted of an offense under Section 21.11,
34	34	22.011, or 22.021, Penal Code, if the victim of the offense was
35	35	younger than 14 years of age at the time the offense was committed;
36	36	(5) is convicted of an offense under Section 20.04,
37	37	Penal Code, if:
38	38	(A) the victim of the offense was younger than 14
39	39	years of age at the time the offense was committed; and
40	40	(B) the actor committed the offense with the
41	41	intent to violate or abuse the victim sexually;
42	42	(6) is convicted of an offense under Section 20A.02,
43	43	20A.03, 43.04, 43.05, or 43.25, Penal Code;
44	44	(7) is convicted of an offense for which punishment is
45	45	increased under Section 481.134(c), (d), (e), or (f), Health and
46	46	Safety Code, if it is shown that the defendant has been previously
47	47	convicted of an offense for which punishment was increased under
48	48	any of those subsections; [or]
49	49	(8) is convicted of an offense under Section 481.1123,
50	50	Health and Safety Code, if the offense is punishable under
51	51	Subsection (d), (e), or (f) of that section; or
52	52	(9) is convicted of an offense punishable as a felony
53	53	when the defendant was:
54	54	(A) at least 17 years of age;
55	55	(B) committed to the Texas Juvenile Justice
56	56	Department; and
57	57	(C) confined in a secure facility operated under
58	58	Subtitle C, Title 12, Human Resources Code.
59	59	SECTION 3. Section 51.12(c-1), Family Code, is amended to
60	60	read as follows:
61	61	(c-1) The Texas Juvenile Justice Department shall
62	62	[annually] inspect each public or private juvenile
63	63	pre-adjudication secure detention facility. The department shall
64	64	provide a report to each juvenile court judge presiding in the same
65	65	county as an inspected facility indicating whether the facility is
66	66	suitable or unsuitable for the detention of children in accordance
67	67	with:
68	68	(1) the requirements of Subsections (a), (f), and (g);
69	69	and
70	70	(2) minimum professional standards for the detention
71	71	of children in pre-adjudication secure confinement promulgated by
72	72	the department or, at the election of the juvenile board of the
73	73	county in which the facility is located, the current standards
74	74	promulgated by the American Correctional Association.
75	75	SECTION 4. Section 51.125(c), Family Code, is amended to
76	76	read as follows:
77	77	(c) The Texas Juvenile Justice Department shall [annually]
78	78	inspect each public or private juvenile post-adjudication secure
79	79	correctional facility that is not operated by the department. The
80	80	department shall provide a report to each juvenile court judge
81	81	presiding in the same county as an inspected facility indicating
82	82	whether the facility is suitable or unsuitable for the confinement
83	83	of children in accordance with minimum professional standards for
84	84	the confinement of children in post-adjudication secure
85	85	confinement promulgated by the department or, at the election of
86	86	the juvenile board of the county in which the facility is located,
87	87	the current standards promulgated by the American Correctional
88	88	Association.
89	89	SECTION 5. Section 51.126(c), Family Code, is amended to
90	90	read as follows:
91	91	(c) The Texas Juvenile Justice Department shall [annually]
92	92	inspect each nonsecure correctional facility. The Texas Juvenile
93	93	Justice Department shall provide a report to each juvenile court
94	94	judge presiding in the same county as an inspected facility
95	95	indicating whether the facility is suitable or unsuitable for the
96	96	confinement of children in accordance with minimum professional
97	97	standards for the confinement of children in nonsecure confinement
98	98	promulgated by the Texas Juvenile Justice Department or, at the
99	99	election of the juvenile board of the county in which the facility
100	100	is located, the current standards promulgated by the American
101	101	Correctional Association.
102	102	SECTION 6. Section 53.045(a), Family Code, is amended to
103	103	read as follows:
104	104	(a) Except as provided by Subsection (e), the prosecuting
105	105	attorney may refer the petition to the grand jury of the county in
106	106	which the court in which the petition is filed presides if the
107	107	petition alleges that the child engaged in delinquent conduct that:
108	108	(1) constitutes habitual felony conduct as described
109	109	by Section 51.031;
110	110	(2) [or that] included the violation of any of the
111	111	following provisions:
112	112	(A) [(1)] Section 19.02, Penal Code (murder);
113	113	(B) [(2)] Section 19.03, Penal Code (capital
114	114	murder);
115	115	(C) [(3)] Section 19.04, Penal Code
116	116	(manslaughter);
117	117	(D) [(4)] Section 20.04, Penal Code (aggravated
118	118	kidnapping);
119	119	(E) [(5)] Section 22.011, Penal Code (sexual
120	120	assault) or Section 22.021, Penal Code (aggravated sexual assault);
121	121	(F) [(6)] Section 22.02, Penal Code (aggravated
122	122	assault);
123	123	(G) [(7)] Section 29.03, Penal Code (aggravated
124	124	robbery);
125	125	(H) [(8)] Section 22.04, Penal Code (injury to a
126	126	child, elderly individual, or disabled individual), if the offense
127	127	is punishable as a felony, other than a state jail felony;
128	128	(I) [(9)] Section 22.05(b), Penal Code (felony
129	129	deadly conduct involving discharging a firearm);
130	130	(J) [(10)] Subchapter D, Chapter 481, Health and
131	131	Safety Code, if the conduct constitutes a felony of the first degree
132	132	or an aggravated controlled substance felony (certain offenses
133	133	involving controlled substances);
134	134	(K) [(11)] Section 15.03, Penal Code (criminal
135	135	solicitation);
136	136	(L) [(12)] Section 21.11(a)(1), Penal Code
137	137	(indecency with a child);
138	138	(M) [(13)] Section 15.031, Penal Code (criminal
139	139	solicitation of a minor);
140	140	(N) [(14)] Section 15.01, Penal Code (criminal
141	141	attempt), if the offense attempted was an offense under Section
142	142	19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
143	143	murder), or an offense listed by Article 42A.054(a), Code of
144	144	Criminal Procedure;
145	145	(O) [(15)] Section 28.02, Penal Code (arson), if
146	146	bodily injury or death is suffered by any person by reason of the
147	147	commission of the conduct;
148	148	(P) [(16)] Section 49.08, Penal Code
149	149	(intoxication manslaughter); or
150	150	(Q) [(17)] Section 15.02, Penal Code (criminal
151	151	conspiracy), if the offense made the subject of the criminal
152	152	conspiracy includes a violation of any of the provisions referenced
153	153	in Paragraphs (A) through (P); or
154	154	(3) constitutes a felony of the first, second, or
155	155	third degree committed while the child was committed to the Texas
156	156	Juvenile Justice Department [Subdivisions (1) through (16)].
157	157	SECTION 7. Sections 54.02(a) and (j), Family Code, are
158	158	amended to read as follows:
159	159	(a) The juvenile court may waive its exclusive original
160	160	jurisdiction and transfer a child to the appropriate district court
161	161	or criminal district court for criminal proceedings if:
162	162	(1) the child is alleged to have violated a penal law
163	163	of the grade of felony;
164	164	(2) the child was:
165	165	(A) 14 years of age or older at the time the child
166	166	[he] is alleged to have committed the offense, if the offense is a
167	167	capital felony, an aggravated controlled substance felony, or a
168	168	felony of the first degree, and no adjudication hearing has been
169	169	conducted concerning that offense; or
170	170	(B) 15 years of age or older at the time the child
171	171	is alleged to have committed the offense, if the offense is a felony
172	172	of the second or third degree [or a state jail felony], and no
173	173	adjudication hearing has been conducted concerning that offense;
174	174	and
175	175	(3) after a full investigation and a hearing, the
176	176	juvenile court determines that there is probable cause to believe
177	177	that the child before the court committed the offense alleged and
178	178	that because of the seriousness of the offense alleged or the
179	179	background of the child the welfare of the community requires
180	180	criminal proceedings.
181	181	(j) The juvenile court may waive its exclusive original
182	182	jurisdiction and transfer a person to the appropriate district
183	183	court or criminal district court for criminal proceedings if:
184	184	(1) the person is 18 years of age or older;
185	185	(2) the person was:
186	186	(A) 10 years of age or older and under 17 years of
187	187	age at the time the person is alleged to have committed a capital
188	188	felony or an offense under Section 19.02, Penal Code;
189	189	(B) 14 years of age or older and under 17 years of
190	190	age at the time the person is alleged to have committed an
191	191	aggravated controlled substance felony or a felony of the first
192	192	degree other than an offense under Section 19.02, Penal Code; or
193	193	(C) 15 years of age or older and under 17 years of
194	194	age at the time the person is alleged to have committed a felony of
195	195	the second or third degree [or a state jail felony];
196	196	(3) no adjudication concerning the alleged offense has
197	197	been made or no adjudication hearing concerning the offense has
198	198	been conducted;
199	199	(4) the juvenile court finds from a preponderance of
200	200	the evidence that:
201	201	(A) for a reason beyond the control of the state
202	202	it was not practicable to proceed in juvenile court before the 18th
203	203	birthday of the person; or
204	204	(B) after due diligence of the state it was not
205	205	practicable to proceed in juvenile court before the 18th birthday
206	206	of the person because:
207	207	(i) the state did not have probable cause to
208	208	proceed in juvenile court and new evidence has been found since the
209	209	18th birthday of the person;
210	210	(ii) the person could not be found; or
211	211	(iii) a previous transfer order was
212	212	reversed by an appellate court or set aside by a district court; and
213	213	(5) the juvenile court determines that there is
214	214	probable cause to believe that the child before the court committed
215	215	the offense alleged.
216	216	SECTION 8. Section 56.01(c), Family Code, is amended to
217	217	read as follows:
218	218	(c) An appeal may be taken:
219	219	(1) except as provided by Subsection (n), by or on
220	220	behalf of a child from an order entered under:
221	221	(A) Section 54.02 respecting transfer of the
222	222	child for prosecution as an adult;
223	223	(B) Section 54.03 with regard to delinquent
224	224	conduct or conduct indicating a need for supervision;
225	225	(C) Section 54.04 disposing of the case;
226	226	(D) Section 54.05 respecting modification of a
227	227	previous juvenile court disposition; or
228	228	(E) Chapter 55 by a juvenile court committing a
229	229	child to a facility for persons with mental illness [the mentally
230	230	ill] or intellectual disabilities [intellectually disabled]; or
231	231	(2) by a person from an order entered under Section
232	232	54.11(i)(2) transferring the person to the custody of the Texas
233	233	Department of Criminal Justice.
234	234	SECTION 9. Sections 202.001(a) and (b), Human Resources
235	235	Code, are amended to read as follows:
236	236	(a) The board is composed of the following nine [13] members
237	237	appointed by the governor with the advice and consent of the senate:
238	238	(1) one member who is a district court judge of a court
239	239	designated as a juvenile court;
240	240	(2) one member who is a member [three members who are
241	241	members] of a county commissioners court with juvenile justice
242	242	experience;
243	243	(3) one prosecutor in juvenile court;
244	244	(4) one chief juvenile probation officer of a juvenile
245	245	probation department serving a county with a population that
246	246	includes fewer than 7,500 persons younger than 18 years of age;
247	247	(5) one chief juvenile probation officer of a juvenile
248	248	probation department serving a county with a population that
249	249	includes at least 7,500 but fewer than 80,000 persons younger than
250	250	18 years of age;
251	251	(6) one chief juvenile probation officer of a juvenile
252	252	probation department serving a county with a population that
253	253	includes 80,000 or more persons younger than 18 years of age;
254	254	(7) one adolescent mental health treatment
255	255	professional licensed under Subtitle B or I, Title 3, Occupations
256	256	Code, or a representative from a local mental or behavioral health
257	257	authority who has experience working with children;
258	258	(8) one member who is:
259	259	(A) an educator, as that term is defined by
260	260	Section 5.001, Education Code, with juvenile justice experience; or
261	261	(B) a juvenile justice professional with
262	262	experience managing a secure juvenile justice facility operated by
263	263	the department or a county; and
264	264	(9) one member [three members] of the general public.
265	265	(b) Members serve staggered six-year terms, with the terms
266	266	of three [four or five] members expiring on February 1 of each
267	267	odd-numbered year.
268	268	SECTION 10. Section 202.005, Human Resources Code, is
269	269	amended by adding Subsection (a-1) and amending Subsection (b) to
270	270	read as follows:
271	271	(a-1) If a juvenile justice professional is appointed as a
272	272	board member under Section 202.001(a)(8), the member shall:
273	273	(1) avoid the appearance of a conflict of interest by
274	274	not voting or participating in any decision by the board that solely
275	275	benefits or penalizes or otherwise solely impacts any juvenile
276	276	probation department or facility the professional is employed by or
277	277	works for under a contract; and
278	278	(2) refrain from voting or rendering any decision
279	279	regarding a matter of abuse and neglect presented to the board with
280	280	respect to any juvenile probation department or facility the
281	281	professional is employed by or works for under a contract.
282	282	(b) The board may adopt recusal requirements in addition to
283	283	those described by Subsections [Subsection] (a) and (a-1),
284	284	including requirements that are more restrictive than those
285	285	described by those subsections [Subsection (a)].
286	286	SECTION 11. Section 202.006, Human Resources Code, is
287	287	amended by amending Subsection (b) and adding Subsection (d) to
288	288	read as follows:
289	289	(b) The training program must provide the person with
290	290	information regarding:
291	291	(1) the law governing department operations [the
292	292	legislation that created the department];
293	293	(2) the programs, functions, rules, and budget of the
294	294	department;
295	295	(3) the scope of and limitations on the rulemaking
296	296	authority of the board;
297	297	(4) the results of the most recent formal audit of the
298	298	department;
299	299	(5) [(4)] the requirements of:
300	300	(A) laws relating to open meetings, public
301	301	information, administrative procedure, and disclosing conflicts of
302	302	interest; and
303	303	(B) other laws applicable to members of a state
304	304	policymaking body in performing their duties; and
305	305	(6) [(5)] any applicable ethics policies adopted by
306	306	the department or the Texas Ethics Commission.
307	307	(d) The executive director shall create a training manual
308	308	that includes the information required by Subsection (b). The
309	309	executive director shall distribute a copy of the training manual
310	310	annually to each member of the board. Each member of the board shall
311	311	sign and submit to the executive director a statement acknowledging
312	312	that the member received and has reviewed the training manual.
313	313	SECTION 12. Section 202.010, Human Resources Code, is
314	314	amended to read as follows:
315	315	Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
316	316	Board and the Texas Juvenile Justice Department are subject to
317	317	Chapter 325, Government Code (Texas Sunset Act). Unless continued
318	318	in existence as provided by that chapter, the board and the
319	319	department are abolished September 1, 2025 [2023].
320	320	SECTION 13. Section 203.001, Human Resources Code, is
321	321	amended by adding Subsections (b-1) and (b-2) to read as follows:
322	322	(b-1) The board may delegate to the executive director the
323	323	board's responsibilities as the board determines appropriate.
324	324	(b-2) In making a delegation under Subsection (b-1), the
325	325	board shall provide:
326	326	(1) to the executive director with respect to each
327	327	delegation:
328	328	(A) clear direction;
329	329	(B) performance measures; and
330	330	(C) reporting requirements; and
331	331	(2) to the department, sufficient oversight to ensure
332	332	that delegated responsibilities are performed according to the
333	333	mission and funding priorities described by Subsection (c).
334	334	SECTION 14. Section 203.002, Human Resources Code, is
335	335	amended to read as follows:
336	336	Sec. 203.002. EXECUTIVE DIRECTOR. (a) The board shall:
337	337	(1) employ an executive director to administer the
338	338	department; and
339	339	(2) supervise the director's administration of the
340	340	department.
341	341	(b) The executive director must possess the following
342	342	minimum qualifications:
343	343	(1) five years of experience in the field of juvenile
344	344	corrections or congregate care in an administrative capacity;
345	345	(2) three years of experience in the field of juvenile
346	346	corrections or congregate care in an administrative capacity and a
347	347	graduate degree from an institution of higher education in a
348	348	relevant field, including penology, adolescent development,
349	349	behavior management, or rehabilitative services; or
350	350	(3) seven years of experience in management and
351	351	administration of a government agency, institution of higher
352	352	education, or business enterprise of a size comparable to the
353	353	department.
354	354	(c) The department shall track the frequency with which the
355	355	executive director takes the following actions:
356	356	(1) selects a child for a conditional placement;
357	357	(2) selects a child for a home placement;
358	358	(3) waives the requirement for a child with a
359	359	determinate sentence to spend the child's entire minimum period of
360	360	confinement in a high-restriction facility;
361	361	(4) waives the requirement for a child to be on
362	362	intensive supervision when initially released on parole;
363	363	(5) authorizes early discharges for a child on parole;
364	364	or
365	365	(6) finalizes an appeal brought by an advocacy group
366	366	or social service provider who was denied certain access to
367	367	department facilities.
368	368	(d) The executive director shall provide the board and the
369	369	Sunset Advisory Commission four times each year aggregated data on
370	370	the number of times each action described by Subsection (c) was
371	371	taken during the previous calendar quarter.
372	372	SECTION 15. Section 203.0081, Human Resources Code, is
373	373	amended by amending Subsections (a) and (e) and adding Subsection
374	374	(c-1) to read as follows:
375	375	(a) The advisory council on juvenile services consists of:
376	376	(1) the executive director of the department or the
377	377	executive director's designee;
378	378	(2) the director of probation services of the
379	379	department or the director's designee;
380	380	(3) the director of state programs and facilities of
381	381	the department or the director's designee;
382	382	(4) the executive commissioner of the Health and Human
383	383	Services Commission or the commissioner's designee;
384	384	(5) one representative of the county commissioners
385	385	courts appointed by the board;
386	386	(6) two juvenile court judges appointed by the board;
387	387	[and]
388	388	(7) seven chief juvenile probation officers appointed
389	389	by the board as provided by Subsection (b); and
390	390	(8) the commissioner of the Department of Family and
391	391	Protective Services or the commissioner's designee.
392	392	(c-1) The board shall adopt rules regarding:
393	393	(1) the purpose, role, and goals of the advisory
394	394	council;
395	395	(2) the meeting procedures and quorum requirement for
396	396	the advisory council;
397	397	(3) the appropriate level of participation from the ex
398	398	officio advisory council members designated under Subsections
399	399	(a)(1)-(4);
400	400	(4) appointment or election procedures for the chair
401	401	and vice chair of the advisory council;
402	402	(5) reporting requirements and other communication
403	403	procedures between the board and the advisory council;
404	404	(6) policies to avoid conflicts of interest by members
405	405	of the advisory council; and
406	406	(7) policies to ensure the advisory council does not
407	407	violate any provision of Chapter 551, Government Code, applicable
408	408	to the advisory council.
409	409	(e) The advisory council shall assist the department in:
410	410	(1) determining the needs and problems of county
411	411	juvenile boards and probation departments;
412	412	(2) conducting long-range strategic planning;
413	413	(3) reviewing and proposing revisions to existing or
414	414	newly proposed standards affecting juvenile probation programs,
415	415	services, or facilities;
416	416	(4) analyzing the potential cost impact on juvenile
417	417	probation departments of new standards proposed by the board; [and]
418	418	(5) assessing and developing recommendations to
419	419	improve the sharing of information between agencies that serve
420	420	children, including agencies serving children in both the juvenile
421	421	justice and child welfare systems; and
422	422	(6) advising the board on any other matter on the
423	423	request of the board.
424	424	SECTION 16. Chapter 203, Human Resources Code, is amended
425	425	by adding Sections 203.0083, 203.0084, 203.0085, and 203.0101 to
426	426	read as follows:
427	427	Sec. 203.0083. AUTHORITY TO ESTABLISH ADVISORY COMMITTEES.
428	428	(a) Subject to the requirements of Chapter 2110, Government Code,
429	429	the board by rule may establish advisory committees to assist the
430	430	board with rulemaking, policy development, and other activities as
431	431	determined by the board.
432	432	(b) In establishing an advisory committee under this
433	433	section, the board shall adopt rules regarding:
434	434	(1) the purpose, role, and goals of the advisory
435	435	committee;
436	436	(2) the composition of and quorum requirement for the
437	437	committee;
438	438	(3) the qualifications for committee membership,
439	439	including:
440	440	(A) experience requirements, including any
441	441	specific expertise;
442	442	(B) representation of diverse stakeholders; and
443	443	(C) geographic diversity of committee members;
444	444	(4) appointment procedures and terms of service for
445	445	committee members;
446	446	(5) policies to avoid conflicts of interest by
447	447	committee members; and
448	448	(6) policies to ensure the committee does not violate
449	449	any provision of Chapter 551, Government Code, applicable to the
450	450	committee.
451	451	Sec. 203.0084. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)
452	452	As part of the department's duty to inspect facilities and other
453	453	entities under the department's jurisdiction, the department shall
454	454	develop a comprehensive set of risk factors to use in assessing the
455	455	overall risk level of the facilities and entities. The risk factors
456	456	may include:
457	457	(1) the entity type;
458	458	(2) available programming;
459	459	(3) past and repeat standards violations;
460	460	(4) the volume and types of complaints received by the
461	461	department;
462	462	(5) recent leadership changes;
463	463	(6) high staff turnover;
464	464	(7) relevant findings from the office of independent
465	465	ombudsman and the office of inspector general;
466	466	(8) negative media attention; and
467	467	(9) the number of months since the date of the
468	468	department's last inspection of the entity.
469	469	(b) The department shall use the risk factors developed
470	470	under this section to guide the inspections process for all
471	471	facilities and entities under the department's jurisdiction by
472	472	developing risk assessment tools with clear, objective standards to
473	473	use in assessing the overall risk level of each entity.
474	474	(c) The department may develop distinct assessment tools
475	475	under Subsection (b) for different entity types, as appropriate.
476	476	(d) The department shall periodically review the assessment
477	477	tools developed under this section to ensure that the tools remain
478	478	up to date and meaningful, as determined by the department.
479	479	Sec. 203.0085. RISK-BASED INSPECTIONS. (a) The department
480	480	shall adopt a policy prioritizing inspections conducted by the
481	481	department under:
482	482	(1) Chapter 51, Family Code;
483	483	(2) Section 221.008 of this code; and
484	484	(3) Subtitle C, Title 12, of this code.
485	485	(b) The policy under Subsection (a) must require the
486	486	department to:
487	487	(1) prioritize the inspection of entities based on the
488	488	relative risk level of each entity; and
489	489	(2) use the risk assessment tools established under
490	490	Section 203.0084 to determine how frequently and intensively the
491	491	department conducts risk-based inspections.
492	492	(c) The policy under Subsection (a) may provide for the
493	493	department to use alternative inspection methods for entities
494	494	determined to be low risk, including the following methods:
495	495	(1) desk audits of key documentation;
496	496	(2) abbreviated inspection procedures;
497	497	(3) videoconference technology; and
498	498	(4) other methods that are an alternative to
499	499	conducting an in-person inspection.
500	500	(d) The department may request necessary information from a
501	501	juvenile probation department or a private facility under the
502	502	department's jurisdiction to assist the department in implementing
503	503	a risk-based inspection schedule.
504	504	Sec. 203.0101. STATISTICAL ANALYSIS OF COMPLAINTS. (a)
505	505	The department shall make available on the department's Internet
506	506	website a statistical analysis of the complaints received by the
507	507	department.
508	508	(b) The complaint analysis under this section must include
509	509	aggregate information on the number, source, type, and disposition
510	510	of complaints received against certified officers during the
511	511	preceding fiscal year and include the following information:
512	512	(1) the number of certified officers by certification
513	513	type;
514	514	(2) the number of complaints against certified
515	515	officers by certification type;
516	516	(3) the number of complaints resolved and the manner
517	517	of resolution, including:
518	518	(A) the total number of agreed, default, and
519	519	board orders entered;
520	520	(B) the total number of cases referred for
521	521	contested case hearings by the State Office of Administrative
522	522	Hearings;
523	523	(C) the total number of contested cases heard by
524	524	the State Office of Administrative Hearings; and
525	525	(D) the total number of contested cases that were
526	526	appealed to a district court;
527	527	(4) the average number of days required to resolve a
528	528	complaint;
529	529	(5) a detailed analysis of the resolution for each
530	530	closed complaint, by the nature of the alleged violation; and
531	531	(6) a detailed analysis of each closed complaint, by
532	532	source.
533	533	SECTION 17. Section 203.013, Human Resources Code, is
534	534	amended by adding Subsection (c) to read as follows:
535	535	(c) The executive director shall acknowledge receipt of and
536	536	discuss the results of internal audits with the board.
537	537	SECTION 18. Section 203.017, Human Resources Code, is
538	538	amended by adding Subsections (a-1), (a-2), (b-1), and (e-1) and
539	539	amending Subsection (e) to read as follows:
540	540	(a-1) Not later than December 1, 2024, the department shall
541	541	update and submit the regionalization plan developed under
542	542	Subsection (a) to the Sunset Advisory Commission and standing
543	543	legislative committees with primary jurisdiction over juvenile
544	544	justice matters. Before submitting the plan, the department must
545	545	present an updated draft of the regionalization plan to the board
546	546	for public comment and board approval. This subsection expires
547	547	September 1, 2025.
548	548	(a-2) The department may incorporate relevant suggestions,
549	549	needs, or recommendations from the regionalization plan into
550	550	subsequent strategic plans, legislative appropriation requests,
551	551	and any other necessary document to support the plan's
552	552	implementation.
553	553	(b-1) In addition to the requirements of Subsection (b), in
554	554	developing the regionalization plan, the department shall consult
555	555	with:
556	556	(1) the advisory council on juvenile services;
557	557	(2) regional juvenile probation associations;
558	558	(3) advocacy groups;
559	559	(4) parents and guardians of children under the
560	560	jurisdiction of the department;
561	561	(5) individuals formerly involved in the juvenile
562	562	justice system; and
563	563	(6) any other stakeholder the department determines
564	564	may be helpful.
565	565	(e) The regionalization plan must:
566	566	(1) include a budget review, redirection of staff, and
567	567	funding mechanisms necessary to support the plan;
568	568	(2) create a new division of the department
569	569	responsible for administering the regionalization plan and
570	570	monitoring program quality and accountability;
571	571	(3) [include sufficient mechanisms to divert at least:
572	572	[(A) 30 juveniles from commitment to secure
573	573	facilities operated by the department for the state fiscal year
574	574	beginning September 1, 2015; and
575	575	[(B) 150 juveniles from commitment to secure
576	576	facilities operated by the department for the state fiscal year
577	577	beginning September 1, 2016; and
578	578	[(4)] for the state fiscal year beginning September 1,
579	579	2017, and each subsequent state fiscal year, include any savings
580	580	that are generated by the decreases in the population of the secure
581	581	facilities operated by the department under Subtitle C that exceed
582	582	the cost of implementing the plan;
583	583	(4) include information on:
584	584	(A) the department's compliance with statutory
585	585	regionalization requirements; and
586	586	(B) internal goals for diverting children from
587	587	commitment to the department; and
588	588	(5) include specific, actionable steps regarding how
589	589	the department will enhance regional capacity, coordination, and
590	590	collaboration among juvenile probation departments to keep
591	591	children closer to home as an alternative to commitment to the
592	592	department's facilities while ensuring access to programs and the
593	593	supervision necessary to maintain public safety.
594	594	(e-1) In developing the steps under Subsection (e)(5), the
595	595	department shall consider:
596	596	(1) options to target or expand funding for juvenile
597	597	probation departments to enhance community-based programs and
598	598	maximize the use of existing juvenile justice beds;
599	599	(2) opportunities to use financial and other
600	600	incentives to encourage diversion, facilitate cooperation within
601	601	and across the regions established under Subsection (c), and
602	602	emphasize the benefits of sharing available resources among
603	603	counties;
604	604	(3) plans for creating additional capacity to minimize
605	605	gaps in juvenile justice beds and services at the local level,
606	606	including the expansion or development of beds and facilities
607	607	designated specifically for regional use; and
608	608	(4) processes for downsizing, closing, or repurposing
609	609	large state secure facilities to shift toward a more
610	610	regionally-based juvenile justice system.
611	611	SECTION 19. Section 203.018(e), Human Resources Code, is
612	612	amended to read as follows:
613	613	(e) The department or any local probation department may
614	614	[not] use or contract with a facility that was constructed or
615	615	previously used for the confinement of adult offenders if the
616	616	facility is appropriately retrofitted to accommodate
617	617	youth-specific requirements and needs.
618	618	SECTION 20. Chapter 203, Human Resources Code, is amended
619	619	by adding Section 203.0185 to read as follows:
620	620	Sec. 203.0185. INFORMATION GATHERING. (a) The department
621	621	shall partner with one or more public or private institutions of
622	622	higher education to inventory and map resources available for
623	623	children in the juvenile justice system. To determine the types of
624	624	information the department requires to timely identify and address
625	625	resource, program, and service gaps in probation regions that
626	626	result in commitments to department secure facilities, the
627	627	department shall consult with:
628	628	(1) institutions of higher education;
629	629	(2) the advisory council on juvenile services; and
630	630	(3) other relevant stakeholders.
631	631	(b) The board shall adopt rules requiring juvenile
632	632	probation departments, at useful and reasonable intervals, to
633	633	report to the department relevant information on resource, program,
634	634	and service gaps identified under Subsection (a), including
635	635	information on:
636	636	(1) the needs of children committed to the department
637	637	that are not being met with community resources; and
638	638	(2) the types of resources, programs, and services
639	639	that, if available in the community, may allow juvenile probation
640	640	departments to keep children closer to home as an alternative to
641	641	commitment to the department.
642	642	SECTION 21. Section 221.002, Human Resources Code, is
643	643	amended by adding Subsection (d-1) to read as follows:
644	644	(d-1) In adopting rules under Subsection (a)(4), the board
645	645	shall authorize a juvenile probation department to house a child
646	646	committed to the department in a pre-adjudication secure detention
647	647	facility or a post-adjudication secure correctional facility as the
648	648	child awaits transfer to the department.
649	649	SECTION 22. Section 222.001, Human Resources Code, is
650	650	amended by amending Subsection (a) and adding Subsection (b-1) to
651	651	read as follows:
652	652	(a) To be eligible for appointment as a probation officer, a
653	653	person who was not employed as a probation officer before September
654	654	1, 1981, must:
655	655	(1) [be of good moral character;
656	656	[(2) have acquired a bachelor's degree conferred by a
657	657	college or university accredited by an accrediting organization
658	658	recognized by the Texas Higher Education Coordinating Board;
659	659	[(3) have either:
660	660	[(A) one year of graduate study in criminology,
661	661	corrections, counseling, law, social work, psychology, sociology,
662	662	or other field of instruction approved by the department; or
663	663	[(B) one year of experience in full-time case
664	664	work, counseling, or community or group work:
665	665	[(i) in a social service, community,
666	666	corrections, or juvenile agency that deals with offenders or
667	667	disadvantaged persons; and
668	668	[(ii) that the department determines
669	669	provides the kind of experience necessary to meet this requirement;
670	670	[(4)] have satisfactorily completed the course of
671	671	preservice training or instruction and any continuing education
672	672	required by the department;
673	673	(2) [(5)] have passed the tests or examinations
674	674	required by the department; and
675	675	(3) [(6)] possess the level of certification required
676	676	by the department.
677	677	(b-1) The department by rule shall establish, with input
678	678	from the advisory council on juvenile services and other relevant
679	679	stakeholders, the minimum education and experience requirements a
680	680	person must meet to be eligible for a juvenile probation officer
681	681	certification. Rules adopted by the department under this
682	682	subsection:
683	683	(1) must be the least restrictive rules possible to
684	684	ensure certified juvenile probation officers are qualified to
685	685	protect children and public safety without creating barriers to
686	686	entry into the profession; and
687	687	(2) may not require that a person have a degree higher
688	688	than an associate degree from a college or university accredited by
689	689	an accrediting organization recognized by the Texas Higher
690	690	Education Coordinating Board to be eligible for certification.
691	691	SECTION 23. Section 222.002, Human Resources Code, is
692	692	amended to read as follows:
693	693	Sec. 222.002. MINIMUM STANDARDS FOR DETENTION OFFICERS. To
694	694	be eligible for appointment as a detention officer, a person who was
695	695	not employed as a detention officer before September 1, 2005, must:
696	696	(1) [be of good moral character;
697	697	[(2)] be at least 21 years of age;
698	698	(2) [(3)] have acquired a high school diploma or its
699	699	equivalent;
700	700	(3) [(4)] have satisfactorily completed the course of
701	701	preservice training or instruction required by the department;
702	702	(4) [(5)] have passed the tests or examinations
703	703	required by the department; and
704	704	(5) [(6)] possess the level of certification required
705	705	by the department.
706	706	SECTION 24. Subchapter B, Chapter 222, Human Resources
707	707	Code, is amended by adding Sections 222.0521 and 222.0522 to read as
708	708	follows:
709	709	Sec. 222.0521. APPLICATION OF CERTAIN LAW. Chapter 53,
710	710	Occupations Code, applies to the issuance of a certification issued
711	711	by the department.
712	712	Sec. 222.0522. PROVISIONAL CERTIFICATION. (a) The
713	713	department may issue a provisional certification to an employee of
714	714	a juvenile probation department or a private facility that houses
715	715	youth on probation until the employee is certified under Section
716	716	222.001, 222.002, or 222.003, as applicable.
717	717	(b) The department shall adopt rules to implement
718	718	Subsection (a), including rules regarding eligibility for
719	719	provisional certification and application procedures.
720	720	SECTION 25. Section 223.001, Human Resources Code, is
721	721	amended by adding Subsections (a-1), (a-2), and (d-1) and amending
722	722	Subsection (c) to read as follows:
723	723	(a-1) The department may incorporate as factors in the basic
724	724	probation funding formula under Subsection (a) measures that create
725	725	incentives for diverting children from the juvenile justice system.
726	726	The department may prioritize factors for which the department
727	727	currently collects relevant information. The board may adopt rules
728	728	establishing and defining the factors under this subsection.
729	729	(a-2) When revising the basic probation funding formula
730	730	under Subsection (a), the department shall consult and coordinate
731	731	with relevant stakeholders, including:
732	732	(1) the advisory council on juvenile services; and
733	733	(2) the Legislative Budget Board.
734	734	(c) The department shall set aside a portion of the funds
735	735	appropriated to the department for discretionary state aid to fund
736	736	programs designed to address special needs or projects of local
737	737	juvenile boards, including projects dedicated to specific target
738	738	populations based on risk and needs, and with established
739	739	recidivism reduction goals. The department shall develop
740	740	discretionary grant funding protocols based on documented,
741	741	data-driven, and research-based practices. The department may
742	742	incorporate incentives into the discretionary grant funding
743	743	protocols that encourage collaboration between juvenile probation
744	744	departments.
745	745	(d-1) The board, in consultation with the advisory council
746	746	on juvenile services, shall adopt rules requiring a juvenile
747	747	probation department to apply for the placement of a child in a
748	748	regional specialized program before a juvenile court commits the
749	749	child to the department's custody under Chapter 54, Family Code.
750	750	The board by rule may establish exceptions to this requirement for
751	751	offenses or circumstances the department considers inappropriate
752	752	for diversion from commitment to state custody.
753	753	SECTION 26. Chapter 241, Human Resources Code, is amended
754	754	by adding Section 241.009 to read as follows:
755	755	Sec. 241.009. COMMITMENT INFORMATION. (a) Not later than
756	756	October 1 of each year, the department shall publish on the
757	757	department's Internet website aggregated information on the number
758	758	of children committed to the department during the previous fiscal
759	759	year, categorized by:
760	760	(1) committing offense level;
761	761	(2) sentence type;
762	762	(3) age; and
763	763	(4) sex.
764	764	(b) The department shall publish quarterly on the
765	765	department's Internet website current information described by
766	766	Subsection (a), aggregated for all children committed to the
767	767	department and individually for each secure facility and halfway
768	768	house.
769	769	(c) The department shall ensure that information regarding
770	770	an individual child cannot be identified in any of the aggregated
771	771	information published under this section.
772	772	SECTION 27. The heading to Section 242.002, Human Resources
773	773	Code, is amended to read as follows:
774	774	Sec. 242.002. [EVALUATION OF] TREATMENT PROGRAMS;
775	775	AVAILABILITY.
776	776	SECTION 28. Sections 242.002(c) and (d), Human Resources
777	777	Code, are amended to read as follows:
778	778	(c) The department shall offer or make available programs
779	779	for the rehabilitation and reestablishment in society of children
780	780	committed to the department, including programs for females and for
781	781	sex offenders, capital offenders, children who are chemically
782	782	dependent, and children with mental illness, [described by
783	783	Subsection (a)] in an adequate manner so that a child in the custody
784	784	of the department receives appropriate rehabilitation services
785	785	recommended for the child by the court committing the child to the
786	786	department.
787	787	(d) If the department is unable to offer or make available
788	788	programs described by [Subsection (a) in the manner provided by]
789	789	Subsection (c), the department shall, not later than December 31 of
790	790	each even-numbered year, provide the standing committees of the
791	791	senate and house of representatives with primary jurisdiction over
792	792	matters concerning correctional facilities with a report
793	793	explaining:
794	794	(1) which programs are not offered or are unavailable;
795	795	and
796	796	(2) the reason the programs are not offered or are
797	797	unavailable.
798	798	SECTION 29. Section 242.056(a), Human Resources Code, is
799	799	amended to read as follows:
800	800	(a) The department shall allow advocacy and support groups
801	801	whose primary functions are to benefit children, inmates, girls and
802	802	women, persons with mental illness [the mentally ill], or victims
803	803	of sexual assault to provide on-site information, support, and
804	804	other services for children confined in department facilities.
805	805	SECTION 30. Section 242.102, Human Resources Code, is
806	806	amended by adding Subsection (c-1) to read as follows:
807	807	(c-1) The board by rule shall require any findings related
808	808	to an administrative investigation under Subsection (a)(2) to be
809	809	reviewed for legal sufficiency before being made public.
810	810	SECTION 31. Section 243.001, Human Resources Code, is
811	811	amended by adding Subsection (d) to read as follows:
812	812	(d) The department shall place a child in the most
813	813	restrictive setting appropriate as the child awaits an adjudication
814	814	or prosecution for conduct constituting a felony of the first or
815	815	second degree while in the department's custody. The board by rule
816	816	shall establish placement procedures that guide the department in
817	817	determining the most appropriate setting for the child based on
818	818	rehabilitative needs while preserving due process rights.
819	819	SECTION 32. Sections 244.011(a), (b), and (g), Human
820	820	Resources Code, are amended to read as follows:
821	821	(a) The department shall accept a child with mental illness
822	822	or intellectual disabilities who is committed to the department
823	823	[who is mentally ill or mentally retarded].
824	824	(b) Unless the [a] child is committed to the department
825	825	under a determinate sentence under Section 54.04(d)(3), 54.04(m),
826	826	or 54.05(f), Family Code, the department shall discharge a child
827	827	with mental illness or intellectual disabilities [who is mentally
828	828	ill or mentally retarded] from its custody if:
829	829	(1) the child has completed the minimum length of stay
830	830	for the child's committing offense; and
831	831	(2) the department determines that the child is unable
832	832	to progress in the department's rehabilitation programs because of
833	833	the child's mental illness or intellectual disabilities [mental
834	834	retardation].
835	835	(g) If a child with mental illness or intellectual
836	836	disabilities [who is mentally ill or mentally retarded] is
837	837	discharged from the department under Subsection (b), the child is
838	838	eligible to receive continuity of care services from the Texas
839	839	Correctional Office on Offenders with Medical or Mental Impairments
840	840	under Chapter 614, Health and Safety Code.
841	841	SECTION 33. Section 244.012, Human Resources Code, is
842	842	amended to read as follows:
843	843	Sec. 244.012. EXAMINATION BEFORE DISCHARGE. (a) The
844	844	department shall establish a system that identifies children with
845	845	mental illness or intellectual disabilities in the department's
846	846	custody [who are mentally ill or mentally retarded].
847	847	(b) Before a child with mental illness [who is identified as
848	848	mentally ill] is discharged from the department's custody under
849	849	Section 244.011(b), a department psychiatrist shall examine the
850	850	child. The department shall refer a child requiring outpatient
851	851	psychiatric treatment to the appropriate mental health authority.
852	852	For a child requiring inpatient psychiatric treatment, the
853	853	department shall file a sworn application for court-ordered mental
854	854	health services, as provided in Subchapter C, Chapter 574, Health
855	855	and Safety Code, if:
856	856	(1) the child is not receiving court-ordered mental
857	857	health services; and
858	858	(2) the psychiatrist who examined the child determines
859	859	that the child is a child with mental illness [mentally ill] and the
860	860	child meets at least one of the criteria listed in Section 574.034
861	861	or 574.0345, Health and Safety Code.
862	862	(c) Before a child who is identified as having an
863	863	intellectual disability [mentally retarded] under Chapter 593,
864	864	Health and Safety Code, is discharged from the department's custody
865	865	under Section 244.011(b), the department shall refer the child for
866	866	intellectual disability [mental retardation] services if the child
867	867	is not receiving intellectual disability [mental retardation]
868	868	services.
869	869	SECTION 34. Section 244.014, Human Resources Code, is
870	870	amended by adding Subsection (a-1) to read as follows:
871	871	(a-1) After a child sentenced to commitment under Section
872	872	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
873	873	of age but before the child becomes 19 years of age, the department
874	874	shall refer the child to the juvenile court that entered the order
875	875	of commitment for approval of the child's transfer to the Texas
876	876	Department of Criminal Justice for confinement if:
877	877	(1) the child has not completed the sentence;
878	878	(2) while the child was committed to the custody of the
879	879	department, the child was subsequently adjudicated or convicted for
880	880	conduct constituting a felony of the first or second degree or an
881	881	offense punishable under Section 22.01(b)(1), Penal Code; and
882	882	(3) the child was at least 16 years of age at the time
883	883	the conduct occurred.
884	884	SECTION 35. Sections 245.0535(h) and (i), Human Resources
885	885	Code, are amended to read as follows:
886	886	(h) The department shall conduct and coordinate research:
887	887	(1) to determine whether the comprehensive reentry and
888	888	reintegration plan developed under this section reduces recidivism
889	889	rates; and
890	890	(2) to review the effectiveness of the department's
891	891	programs for the rehabilitation and reestablishment in society of
892	892	children committed to the department, including programs for
893	893	females and for sex offenders, capital offenders, children who are
894	894	chemically dependent, and children with mental illness.
895	895	(i) Not later than December 31 of each even-numbered year,
896	896	the department shall deliver a report of the results of research
897	897	conducted or coordinated under Subsection (h) to the lieutenant
898	898	governor, the speaker of the house of representatives, the
899	899	Legislative Budget Board, and the standing committees of each house
900	900	of the legislature with primary jurisdiction over juvenile justice
901	901	and corrections.
902	902	SECTION 36. Section 261.002, Human Resources Code, is
903	903	amended to read as follows:
904	904	Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of
905	905	independent ombudsman is a state agency established for the purpose
906	906	of investigating, evaluating, and securing the rights of [the]
907	907	children:
908	908	(1) committed to the department, including a child
909	909	released under supervision before final discharge; and
910	910	(2) adjudicated for conduct that constitutes an
911	911	offense and placed in a facility operated by or contracted with a
912	912	juvenile probation department.
913	913	SECTION 37. Section 261.056(a), Human Resources Code, is
914	914	amended to read as follows:
915	915	(a) The department shall allow any child committed to the
916	916	department or adjudicated for conduct that constitutes an offense
917	917	and placed in a facility operated by or contracted with a juvenile
918	918	probation department to communicate with the independent ombudsman
919	919	or an assistant to the ombudsman. The communication:
920	920	(1) may be in person, by mail, or by any other means;
921	921	and
922	922	(2) is confidential and privileged.
923	923	SECTION 38. Section 261.057, Human Resources Code, is
924	924	amended to read as follows:
925	925	Sec. 261.057. PROMOTION OF AWARENESS OF OFFICE. The
926	926	independent ombudsman shall promote awareness among the public and
927	927	the children committed to the department or adjudicated for conduct
928	928	that constitutes an offense and placed in a facility operated by or
929	929	contracted with a juvenile probation department of:
930	930	(1) how the office may be contacted;
931	931	(2) the purpose of the office; and
932	932	(3) the services the office provides.
933	933	SECTION 39. Section 261.061(c), Human Resources Code, is
934	934	amended to read as follows:
935	935	(c) The office shall periodically notify the complaint
936	936	parties of the status of the complaint until final disposition
937	937	unless the notice would jeopardize an investigation.
938	938	SECTION 40. Section 261.101, Human Resources Code, is
939	939	amended by amending Subsection (a) and adding Subsection (g) to
940	940	read as follows:
941	941	(a) The independent ombudsman shall:
942	942	(1) review the procedures established by the board and
943	943	evaluate the delivery of services to children to ensure that the
944	944	rights of children are fully observed;
945	945	(2) review complaints filed with the independent
946	946	ombudsman concerning the actions of the department, juvenile
947	947	probation departments, or other entities operating facilities in
948	948	which children adjudicated for conduct that constitutes an offense
949	949	are placed and investigate each complaint in which it appears that a
950	950	child may be in need of assistance from the independent ombudsman;
951	951	(3) conduct investigations of complaints, other than
952	952	complaints alleging criminal behavior, if the office determines
953	953	that:
954	954	(A) a child committed to the department, a child
955	955	adjudicated for conduct that constitutes an offense and placed in a
956	956	facility operated by or contracted with a juvenile probation
957	957	department, or the child's family may be in need of assistance from
958	958	the office; or
959	959	(B) a systemic issue raised in a complaint about
960	960	the [department's] provision of services to children by the
961	961	department, juvenile probation departments, or other entities
962	962	operating facilities in which children adjudicated for conduct that
963	963	constitutes an offense are placed [is raised by a complaint];
964	964	(4) review or inspect periodically the facilities and
965	965	procedures of any institution or residence in which a child
966	966	adjudicated for conduct that constitutes an offense has been placed
967	967	by the department or a juvenile probation department, whether
968	968	public or private, to ensure that the rights of children are fully
969	969	observed;
970	970	(5) provide assistance to a child or family who the
971	971	independent ombudsman determines is in need of assistance,
972	972	including advocating with an agency, provider, or other person in
973	973	the best interests of the child;
974	974	(6) review court orders as necessary to fulfill its
975	975	duties;
976	976	(7) recommend changes in any procedure relating to the
977	977	treatment of children committed to the department or adjudicated
978	978	for conduct that constitutes an offense and placed in a facility
979	979	operated by or contracted with a juvenile probation department;
980	980	(8) make appropriate referrals under any of the duties
981	981	and powers listed in this subsection;
982	982	(9) supervise assistants who are serving in internal
983	983	administrative and disciplinary hearings positions as advocates in
984	984	their representation of children committed to the department or
985	985	adjudicated for conduct that constitutes an offense and placed in a
986	986	facility operated by or contracted with a juvenile probation
987	987	department [internal administrative and disciplinary hearings];
988	988	(10) review reports received by the department
989	989	relating to complaints regarding juvenile probation programs,
990	990	services, or facilities and analyze the data contained in the
991	991	reports to identify trends in complaints;
992	992	(11) report a possible standards violation by a
993	993	[local] juvenile probation department to the appropriate division
994	994	of the department; and
995	995	(12) immediately report the findings of any
996	996	investigation related to the operation of a post-adjudication
997	997	correctional facility in a county to the chief juvenile probation
998	998	officer and the juvenile board of the county.
999	999	(g) The department and juvenile probation departments shall
1000	1000	notify the office regarding any private facility described by
1001	1001	Subsection (f)(1) with which the department or the juvenile
1002	1002	probation department contracts to place children adjudicated as
1003	1003	having engaged in conduct indicating a need for supervision or
1004	1004	delinquent conduct. The report under this subsection must be made
1005	1005	annually and updated at the time a new contract is entered into with
1006	1006	a facility described by this subsection. The office shall adopt
1007	1007	rules to implement the reporting requirements under this
1008	1008	subsection, including the specific times the report must be made.
1009	1009	SECTION 41. Section 261.102, Human Resources Code, is
1010	1010	amended to read as follows:
1011	1011	Sec. 261.102. TREATMENT OF [DEPARTMENT] EMPLOYEES WHO
1012	1012	COOPERATE WITH INDEPENDENT OMBUDSMAN. The department, a juvenile
1013	1013	probation department, or another entity operating a facility in
1014	1014	which children adjudicated for conduct that constitutes an offense
1015	1015	are placed may not discharge or in any manner discriminate or
1016	1016	retaliate against an employee who in good faith makes a complaint to
1017	1017	the office of independent ombudsman or cooperates with the office
1018	1018	in an investigation.
1019	1019	SECTION 42. Subchapter C, Chapter 261, Human Resources
1020	1020	Code, is amended by adding Sections 261.105 and 261.106 to read as
1021	1021	follows:
1022	1022	Sec. 261.105. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)
1023	1023	The office shall develop a comprehensive set of risk factors to use
1024	1024	in assessing the overall risk level of facilities and entities the
1025	1025	office has the duty to inspect. The risk factors may include:
1026	1026	(1) the entity type;
1027	1027	(2) past and repeat children's rights violations;
1028	1028	(3) the volume and types of complaints received by the
1029	1029	office;
1030	1030	(4) recent changes in a facility or parole office
1031	1031	leadership;
1032	1032	(5) high staff turnover;
1033	1033	(6) relevant investigations by the office;
1034	1034	(7) negative media attention; and
1035	1035	(8) the number of months since the date of the office's
1036	1036	last inspection of the entity.
1037	1037	(b) The office shall use the risk factors developed under
1038	1038	this section to guide the inspections process for all facilities
1039	1039	and entities the office inspects by developing risk assessment
1040	1040	tools with clear, objective standards to use in assessing the
1041	1041	overall risk level of each facility or entity.
1042	1042	(c) The office may develop distinct assessment tools under
1043	1043	Subsection (b) for different entity types, as appropriate.
1044	1044	(d) The office shall periodically review the assessment
1045	1045	tools developed under this section to ensure that the tools remain
1046	1046	up to date and meaningful, as determined by the office.
1047	1047	Sec. 261.106. RISK-BASED INSPECTIONS. (a) The office
1048	1048	shall adopt a policy prioritizing the inspection of facilities
1049	1049	conducted under Section 261.101(f) and of department parole offices
1050	1050	based on the relative risk level of each entity.
1051	1051	(b) The policy under Subsection (a) must require the office
1052	1052	to use the risk assessment tools established under Section 261.105
1053	1053	to determine how frequently and intensively the office conducts
1054	1054	risk-based inspections.
1055	1055	(c) The policy under Subsection (a) may provide for the
1056	1056	office to use alternative inspection methods for entities
1057	1057	determined to be low risk, including the following methods:
1058	1058	(1) desk audits of key documentation;
1059	1059	(2) abbreviated inspection procedures;
1060	1060	(3) videoconference technology; and
1061	1061	(4) other methods that are an alternative to
1062	1062	conducting an in-person inspection.
1063	1063	(d) The office may request necessary information from
1064	1064	facilities inspected by the office to assist the office in
1065	1065	implementing a risk-based inspection schedule.
1066	1066	SECTION 43. Section 261.151(c), Human Resources Code, is
1067	1067	amended to read as follows:
1068	1068	(c) A local law enforcement agency shall allow the
1069	1069	independent ombudsman access to its records relating to any child
1070	1070	in the care or custody of the department or any child adjudicated
1071	1071	for conduct that constitutes an offense and placed in a private
1072	1072	facility contracted with a juvenile probation department.
1073	1073	SECTION 44. Section 261.152, Human Resources Code, is
1074	1074	amended to read as follows:
1075	1075	Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
1076	1076	The independent ombudsman shall have access to the records of a
1077	1077	private entity that relate to a child committed to the department or
1078	1078	a child adjudicated for conduct that constitutes an offense and
1079	1079	placed in a private facility contracted with a juvenile probation
1080	1080	department.
1081	1081	SECTION 45. Subchapter D, Chapter 261, Human Resources
1082	1082	Code, is amended by adding Section 261.153 to read as follows:
1083	1083	Sec. 261.153. ACCESS TO INFORMATION OF JUVENILE PROBATION
1084	1084	DEPARTMENTS. The independent ombudsman shall have access to the
1085	1085	records of a juvenile probation department that relate to a child
1086	1086	adjudicated for conduct that constitutes an offense and placed in a
1087	1087	facility operated by or contracted with a juvenile probation
1088	1088	department.
1089	1089	SECTION 46. The following provisions of the Human Resources
1090	1090	Code are repealed:
1091	1091	(1) Sections 222.001(b), (c), and (f);
1092	1092	(2) Sections 242.002(a) and (b); and
1093	1093	(3) Section 246.002.
1094	1094	SECTION 47. (a) Not later than January 1, 2024, the Texas
1095	1095	Juvenile Justice Department shall repeal any rule requiring that an
1096	1096	individual must be of good moral character to qualify for a
1097	1097	department certification.
1098	1098	(b) Not later than December 1, 2024, the Texas Juvenile
1099	1099	Justice Department shall submit the regionalization plan required
1100	1100	by Section 203.017(a-1), Human Resources Code, as added by this
1101	1101	Act.
1102	1102	SECTION 48. (a) Notwithstanding Section 202.001(b), Human
1103	1103	Resources Code, as amended by this Act, and except as otherwise
1104	1104	provided by this subsection, the term for a member of the Texas
1105	1105	Juvenile Justice Board serving on September 1, 2023, expires on
1106	1106	that date. A board member serving on that date may continue to
1107	1107	serve as a member of the board until a majority of appointments to
1108	1108	the board are made under Subsection (b) of this section. A member
1109	1109	of the board described by this subsection is eligible for
1110	1110	reappointment under Subsection (b) of this section.
1111	1111	(b) In making the initial appointments to the board
1112	1112	according to the changes in law made by this Act to Section 202.001,
1113	1113	Human Resources Code, the governor shall designate:
1114	1114	(1) three members to serve terms expiring February 1,
1115	1115	2025;
1116	1116	(2) three members to serve terms expiring February 1,
1117	1117	2027; and
1118	1118	(3) three members to serve terms expiring February 1,
1119	1119	2029.
1120	1120	SECTION 49. (a) Except as provided by Subsection (b) of
1121	1121	this section, Section 202.006, Human Resources Code, as amended by
1122	1122	this Act, applies to a member of the Texas Juvenile Justice Board
1123	1123	appointed before, on, or after the effective date of this Act.
1124	1124	(b) A member of the Texas Juvenile Justice Board who before
1125	1125	the effective date of this Act completed the training program
1126	1126	required by Section 202.006, Human Resources Code, as that law
1127	1127	existed before the effective date of this Act, is only required to
1128	1128	complete additional training on the subjects added by this Act to
1129	1129	the training program required by Section 202.006, Human Resources
1130	1130	Code. A board member described by this subsection may not vote,
1131	1131	deliberate, or be counted as a member in attendance at a meeting of
1132	1132	the board held on or after December 1, 2023, until the member
1133	1133	completes the additional training.
1134	1134	SECTION 50. (a) For purposes of Section 202.010, Human
1135	1135	Resources Code, as amended by this Act, the Sunset Advisory
1136	1136	Commission shall conduct a limited-scope review of the Texas
1137	1137	Juvenile Justice Department for the 89th Legislature.
1138	1138	(b) In conducting the limited-scope review under this
1139	1139	section, the Sunset Advisory Commission staff evaluation and report
1140	1140	must:
1141	1141	(1) review the implementation of the Sunset Advisory
1142	1142	Commission's recommendations adopted by the commission and
1143	1143	statutory recommendations for the Texas Juvenile Justice
1144	1144	Department made to the 88th Legislature;
1145	1145	(2) identify the barriers to implementing the
1146	1146	recommendations under Subdivision (1) of this subsection;
1147	1147	(3) identify any changes needed to improve
1148	1148	coordination between the Texas Juvenile Justice Department and the
1149	1149	Texas Department of Criminal Justice, particularly for children
1150	1150	transferred from the custody of the Texas Juvenile Justice
1151	1151	Department to the custody of the Texas Department of Criminal
1152	1152	Justice; and
1153	1153	(4) review the decision-making processes involving
1154	1154	the Texas Juvenile Justice Board and executive director to evaluate
1155	1155	any needed changes in board engagement, delegation of duties, staff
1156	1156	discretion, and transparency.
1157	1157	(c) The Sunset Advisory Commission's recommendations to the
1158	1158	89th Legislature may include any recommendation the commission
1159	1159	considers appropriate based on the limited-scope review conducted
1160	1160	under this section.
1161	1161	SECTION 51. The Texas Juvenile Justice Board shall
1162	1162	establish a Youth Career and Technical Education Advisory
1163	1163	Committee. The advisory committee shall assist the Texas Juvenile
1164	1164	Justice Department with overseeing and coordinating ongoing and
1165	1165	future vocational training for youth in the custody of the
1166	1166	department, including training provided by community colleges and
1167	1167	other local entities with which the department may partner.
1168	1168	SECTION 52. The changes in law made by this Act to Articles
1169	1169	42A.054 and 42A.056, Code of Criminal Procedure, and Sections
1170	1170	53.045 and 54.02, Family Code, apply only to an offense committed or
1171	1171	conduct that occurs on or after the effective date of this Act. An
1172	1172	offense committed or conduct that occurred before that date is
1173	1173	governed by the law in effect on the date the offense was committed
1174	1174	or the conduct occurred, and the former law is continued in effect
1175	1175	for that purpose. For purposes of this section, an offense was
1176	1176	committed or conduct occurred before the effective date of this Act
1177	1177	if any element of the offense or conduct occurred before that date.
1178	1178	SECTION 53. This Act takes effect September 1, 2023.