By: Moody H.B. No. 16
A BILL TO BE ENTITLED
AN ACT
relating to the adjudication and disposition of cases involving
delinquent conduct, certain juvenile court proceedings, and
planning and funding for services for children in the juvenile
justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.02, Family Code, is amended by adding
Subdivision (7-a) to read as follows:
(7-a) "Mitigating evidence" means evidence or
information presented at a proceeding under this title that:
(A) is used to assess the growth, culpability,
and maturity of a child; and
(B) takes into consideration:
(i) the diminished culpability of
juveniles, as compared to that of adults;
(ii) the hallmark features of youth; and
(iii) the greater capacity of juveniles for
change, as compared to that of adults.
SECTION 2. Section 54.01, Family Code, is amended by adding
Subsections (e-1), (e-2), and (e-3) to read as follows:
(e-1) At the conclusion of the hearing, the court shall
refer the child to the Department of Family and Protective Services
for early youth intervention services described by Section 264.302
if the grounds for detention is a finding described by only
Subsection (e)(2) or (3).
(e-2) On receipt of a referral under Subsection (e-1), the
Department of Family and Protective Services shall:
(1) conduct an early youth intervention services
review not later than 72 hours, excluding weekends and holidays,
after the conclusion of the hearing under Subsection (a); and
(2) submit the review to the court.
(e-3) A court that refers a child to the Department of
Family and Protective Services under Subsection (e-1) shall
consider the early intervention review as soon as practicable and,
if appropriate, shall release the child not later than the 10th
working day after the date of the conclusion of the hearing.
SECTION 3. Section 54.02, Family Code, is amended by adding
Subsection (d-1) and amending Subsection (h) to read as follows:
(d-1) In a hearing under this section, a presumption exists
that it is in the best interest of the child and of justice that the
juvenile court retain jurisdiction over the child. The burden is on
the state to overcome this presumption.
(h) If the juvenile court waives jurisdiction, it shall
state specifically in the order its reasons for waiver. The
statement of reasons must include sufficient specificity to permit
meaningful review, provide case-specific findings of fact that do
not rely solely on the nature or seriousness of the offense, and
refer to relevant mitigating evidence. The court shall [and]
certify its action, including the written order and findings of the
court, and shall transfer the person to the appropriate court for
criminal proceedings and cause the results of the diagnostic study
of the person ordered under Subsection (d), including psychological
information, to be transferred to the appropriate criminal
prosecutor. On transfer of the person for criminal proceedings,
the person shall be dealt with as an adult and in accordance with
the Code of Criminal Procedure, except that if detention in a
certified juvenile detention facility is authorized under Section
152.0015, Human Resources Code, the juvenile court may order the
person to be detained in the facility pending trial or until the
criminal court enters an order under Article 4.19, Code of Criminal
Procedure. A transfer of custody made under this subsection is an
arrest.
SECTION 4. Section 54.04(c), Family Code, is amended to
read as follows:
(c) No disposition may be made under this section unless the
child is in need of rehabilitation or the protection of the public
or the child requires that disposition be made. If the court or jury
does not so find, the court shall dismiss the child and enter a
final judgment without any disposition. No disposition placing the
child on probation outside the child's home may be made under this
section unless the court or jury finds that the child, in the
child's home, cannot be provided the quality of care and level of
support and supervision that the child needs to meet the conditions
of the probation. The court shall consider mitigating evidence of
the child's circumstances in making a finding under this section.
SECTION 5. Section 54.04013, Family Code, is amended to
read as follows:
Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
DEPARTMENT. (a) Notwithstanding any other provision of this code,
after a disposition hearing held in accordance with Section 54.04,
the juvenile court may commit a child who is found to have engaged
in delinquent conduct that constitutes a felony offense to the
Texas Juvenile Justice Department without a determinate sentence if
the court makes a special commitment finding that the child has
behavioral health or other special needs that cannot be met with the
resources available in the community. The court should consider
the findings of a validated risk and needs assessment and the
findings of any other appropriate professional assessment
available to the court.
(b) In making a special commitment finding under Subsection
(a), the court may consider mitigating evidence of the child's
circumstances.
SECTION 6. Section 54.05(f), Family Code, is amended to
read as follows:
(f) Except as provided by Subsection (j), a disposition
based on a finding that the child engaged in delinquent conduct that
violates a penal law of this state or the United States of the grade
of felony may be modified so as to commit the child to the Texas
Juvenile Justice Department or, if applicable, a post-adjudication
secure correctional facility operated under Section 152.0016,
Human Resources Code, if the court after a hearing to modify
disposition finds by a preponderance of the evidence that the child
violated a reasonable and lawful order of the court and makes a
special commitment finding under Section 54.04013. A disposition
based on a finding that the child engaged in habitual felony conduct
as described by Section 51.031 or in delinquent conduct that
included a violation of a penal law listed in Section 53.045(a) may
be modified to commit the child to the Texas Juvenile Justice
Department or, if applicable, a post-adjudication secure
correctional facility operated under Section 152.0016, Human
Resources Code, with a possible transfer to the Texas Department of
Criminal Justice for a definite term prescribed by, as applicable,
Section 54.04(d)(3) or Section 152.0016(g), Human Resources Code,
if the original petition was approved by the grand jury under
Section 53.045 and if after a hearing to modify the disposition the
court finds that the child violated a reasonable and lawful order of
the court.
SECTION 7. Section 59.009, Family Code, is amended to read
as follows:
Sec. 59.009. SANCTION LEVEL SIX. (a) For a child at
sanction level six, the juvenile court may commit the child to the
custody of the Texas Juvenile Justice Department or a
post-adjudication secure correctional facility under Section
54.04011(c)(1)]. The department, juvenile board, or local juvenile
probation department, as applicable, may:
(1) require the child to participate in a highly
structured residential program that emphasizes discipline,
accountability, fitness, training, and productive work for not less
than nine months or more than 24 months unless the department,
board, or probation department reduces or extends the period and
the reason for a reduction or an extension is documented;
(2) require the child to make restitution to the
victim of the child's conduct or perform community service
restitution appropriate to the nature and degree of the harm caused
and according to the child's ability, if there is a victim of the
child's conduct;
(3) require the child and the child's parents or
guardians to participate in programs and services for their
particular needs and circumstances; and
(4) if appropriate, impose additional sanctions.
SECTION 8. Sections 264.302 (d), and (e), Family Code, are
amended to read as follows:
(d) The department shall provide services under this
section to a child who engages in conduct for which the child may be
found by a court to be an at-risk child, without regard to whether
the conduct violates a penal law of this state of the grade of
felony other than a state jail felony, if the child was younger than
13 [10] years of age at the time the child engaged in the conduct.
(e) The department shall provide services for a child and
the child's family if [a contract to provide services under this
section is available in the county and] the child is referred to the
department as an at-risk child by:
(1) a juvenile court or probation department under
Section 54.01 or as part of a progressive sanctions program under
Chapter 59;
(2) a law enforcement officer or agency under Section
52.03; or
(3) a justice or municipal court under Article 45.057,
Code of Criminal Procedure.
SECTION 9. Chapter 203, Human Resources Code, is amended by
adding Section 203.0171 to read as follows:
Sec. 203.0171. COMMUNITY-BASED DIVERSION AND INTERVENTION
PLAN; TASK FORCE. (a) The department shall develop, and the board
shall adopt, a strategic diversion and intervention plan to
establish a network of community-based programs and services,
within defined geographic regions of this state, to rehabilitate
and keep children closer to home instead of placing children in
post-adjudication secure correctional facilities. The plan must:
(1) develop or update an inventory of community-based
programs and services provided by local juvenile justice
organizations and community-based organizations that serve
juveniles;
(2) create an intercept map that:
(A) plots resources and gaps across each
intercept point within the juvenile justice system;
(B) identifies local behavioral health services
to support diversion from the justice system;
(C) introduces community system leaders and
staff to evidence-based practices and emerging best practices
related to each intercept point; and
(D) includes customized, local maps and action
plans to address plotted gaps;
(3) describe barriers to securing rehabilitative and
programmatic mental health and therapeutic treatment service
providers in rural, multicounty, and regional jurisdictions;
(4) identify ways in which research-validated initial
risk assessments may be utilized to connect resources with risk and
protective factors identified in the assessments to create
individualized diversion plans;
(5) highlight state and national models for
community-based collaborations and cross-system partnerships for
assessments and referrals of juveniles in need of mental health and
substance use treatment, aftercare, and recovery services;
(6) develop a model memorandum of understanding and
provider contract for community-based programs and services;
(7) describe and track the dispositional impact of the
variability of diversionary community-based programs and services
on court decisions to detain children in juvenile detention
facilities;
(8) identify effective strategies for leveraging
community resources and strengths to divert children from placement
in juvenile detention facilities;
(9) include a description of various community-based
programs and services that promote and incorporate trauma-informed
services, equity- and culturally responsive services,
gender-specific services, family involvement, wraparound services,
and services that promote rehabilitative juvenile services through
a therapeutic perspective; and
(10) examine any other issue pertaining to juvenile
justice service providers and community-based infrastructure in
this state.
(b) The board shall appoint a task force to, in
collaboration with the department's regionalization division
established under Section 203.017, consult with the department in
developing the plan. The task force is composed of the following
members:
(1) representatives designated by the Advisory
Council on Juvenile Services;
(2) regional representatives;
(3) a juvenile court prosecutor, including a juvenile
court prosecutor serving on the Juvenile Law Council of the
Juvenile Law Section of the State Bar of Texas;
(4) a juvenile defense attorney, including a defense
attorney serving on the Juvenile Law Council of the Juvenile Law
Section of the State Bar of Texas;
(5) a juvenile court judge;
(6) subject matter experts designated by the
department;
(7) a representative designated by the Department of
Family and Protective Services;
(8) a representative designated by the Office of Court
Administration of the Texas Judicial System;
(9) a youth advocate from a nonprofit or
nongovernmental organization with experience in juvenile justice;
(10) a member of the public who has personal
experience with or has been personally impacted by the juvenile
justice system;
(11) a public or private program or service provider;
(12) an academic researcher from an accredited
institution of higher education who specializes in juvenile justice
issues;
(13) a staff member designated by an interested member
of the legislature; and
(14) any other individual the board considers
necessary, including experts who may serve in an advisory capacity.
(c) Not later than December 1, 2024, the department shall
submit a copy of the plan under this section to each member of the
legislature.
SECTION 10. Subchapter A, Chapter 221, Human Resources
Code, is amended by adding Section 221.013 to read as follows:
Sec. 221.013. COMMUNITY REINVESTMENT FUND. (a) Each
county shall establish a community reinvestment fund.
(b) The juvenile board or juvenile probation department of
the county shall partner with research-based service providers in
the community to use money in the community reinvestment fund to
provide services as an alternative to juvenile detention for youth
in the community, including by providing mentoring, behavioral and
mental health services, financial or housing assistance, job
training, educational services, and after-school activities.
(c) The community reinvestment fund may be funded by:
(1) surplus funds of the department;
(2) the county; or
(3) gifts, grants, and donations.
SECTION 11. Subchapter B, Chapter 223, Human Resources
Code, is amended by adding Section 223.007 to read as follows:
Sec. 223.007. INCENTIVE FUNDING FOR COMMUNITY-BASED
DIVERSION AND INTERVENTION. (a) The legislature may establish a
special account in the general revenue fund to supplement local
funds and encourage efficiencies in the formation of a network of
community-based programs and services within the regions of this
state and to generate savings by decreasing the population of
post-adjudication secure correctional facilities.
(b) The department shall use the money in the account to
initiate and support the implementation of the strategic
community-based diversion and intervention plan under Section
203.0171, including the implementation of projects dedicated to
specific target populations based on risk and needs, and with
established recidivism reduction goals. The department shall
develop discretionary grant funding protocols based on documented,
data-driven, and research-based practices.
(c) A region is eligible to receive funding from the
department under this section only if the region meets the
performance standards established by the department and adopted in
contracts for community-based programs and services.
(d) Funding under this section is authorized in addition to
reimbursements allocated by the department under Section 203.017.
(e) The department shall prepare a report that:
(1) outlines the amount of funds distributed as
incentive for the specific strategies, programs, and services
implemented as part of the plan described by Section 203.0171;
(2) demonstrates that certain regions or geographic
areas are implementing the strategies implemented as part of the
plan described by Section 203.0171;
(3) defines efficiencies of scale in measurable terms;
(4) proposes a payment schedule for distributing funds
under this section; and
(5) establishes a method for the documentation and
reporting of fund distributions under this section.
(f) Not later than December 1, 2024, the department shall
submit a copy of the report under this section to each member of the
legislature.
SECTION 12. Section 243.002, Human Resources Code, is
amended by adding Subsection (c) to read as follows:
(c) The department shall give credit toward the assigned
minimum length of stay for time spent in a pre-adjudication secure
detention facility after commitment but before admission to the
department.
SECTION 13. The following provisions of the Family Code are
repealed:
(1) Section 54.04(z); and
(2) Section 264.302(c).
SECTION 14. Sections 54.01, 54.02, 54.04, 54.04013, and
54.05, Family Code, as amended by this Act, apply only to a hearing
that occurs on or after the effective date of this Act. A hearing
that occurs before the effective date of this Act is governed by the
law in effect at the time the hearing occurred, and the former law
is continued in effect for that purpose.
SECTION 15. This Act takes effect September 1, 2023.