Texas 2023 - 88th Regular

Texas House Bill HB16 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R19159 MCF-F
2	2	By: Moody, Thompson of Harris, H.B. No. 16
3	3	A. Johnson of Harris, Leach, Cook,
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the adjudication and disposition of cases involving
9	9	delinquent conduct, certain juvenile court proceedings, and
10	10	planning and funding for services for children in the juvenile
11	11	justice system.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 51.02, Family Code, is amended by adding
14	14	Subdivision (7-a) to read as follows:
15	15	(7-a) "Mitigating evidence" means evidence or
16	16	information presented at a proceeding under this title that:
17	17	(A) is used to assess the growth, culpability,
18	18	and maturity of a child; and
19	19	(B) takes into consideration:
20	20	(i) the diminished culpability of
21	21	juveniles, as compared to that of adults;
22	22	(ii) the hallmark features of youth; and
23	23	(iii) the greater capacity of juveniles for
24	24	change, as compared to that of adults.
25	25	SECTION 2. Section 54.01, Family Code, is amended by adding
26	26	Subsections (e-1), (e-2), and (e-3) to read as follows:
27	27	(e-1) At the conclusion of the hearing, the court shall
28	28	refer the child to the Department of Family and Protective Services
29	29	for early youth intervention services described by Section 264.302
30	30	if the court does not release the child from detention due solely to
31	31	a finding described by Subsection (e)(2) or (3).
32	32	(e-2) On receipt of a referral under Subsection (e-1), the
33	33	Department of Family and Protective Services shall:
34	34	(1) conduct an early youth intervention services
35	35	review not later than 72 hours, excluding weekends and holidays,
36	36	after the conclusion of the hearing under Subsection (a); and
37	37	(2) submit the review to the court.
38	38	(e-3) A court that refers a child to the Department of
39	39	Family and Protective Services under Subsection (e-1) shall:
40	40	(1) as soon as practicable after receiving the early
41	41	youth intervention services review, consider the review; and
42	42	(2) if appropriate, release the child not later than
43	43	the 10th working day after the date of the conclusion of the
44	44	hearing.
45	45	SECTION 3. Section 54.02, Family Code, is amended by adding
46	46	Subsection (d-1) and amending Subsection (h) to read as follows:
47	47	(d-1) In a hearing under this section, a presumption exists
48	48	that it is in the best interest of the child and of justice that the
49	49	juvenile court retain jurisdiction over the child. The burden is on
50	50	the state to overcome this presumption.
51	51	(h) If the juvenile court waives jurisdiction, it shall
52	52	state specifically in the order its reasons for waiver. The
53	53	statement of reasons must include sufficient specificity to permit
54	54	meaningful review, provide case-specific findings of fact that do
55	55	not rely solely on the nature or seriousness of the offense, and
56	56	refer to relevant mitigating evidence. The court shall [and]
57	57	certify its action, including the written order and findings of the
58	58	court, and shall transfer the person to the appropriate court for
59	59	criminal proceedings and cause the results of the diagnostic study
60	60	of the person ordered under Subsection (d), including psychological
61	61	information, to be transferred to the appropriate criminal
62	62	prosecutor. On transfer of the person for criminal proceedings,
63	63	the person shall be dealt with as an adult and in accordance with
64	64	the Code of Criminal Procedure, except that if detention in a
65	65	certified juvenile detention facility is authorized under Section
66	66	152.0015, Human Resources Code, the juvenile court may order the
67	67	person to be detained in the facility pending trial or until the
68	68	criminal court enters an order under Article 4.19, Code of Criminal
69	69	Procedure. A transfer of custody made under this subsection is an
70	70	arrest.
71	71	SECTION 4. Section 54.04(c), Family Code, is amended to
72	72	read as follows:
73	73	(c) No disposition may be made under this section unless the
74	74	child is in need of rehabilitation or the protection of the public
75	75	or the child requires that disposition be made. If the court or
76	76	jury does not so find, the court shall dismiss the child and enter a
77	77	final judgment without any disposition. No disposition placing the
78	78	child on probation outside the child's home may be made under this
79	79	section unless the court or jury finds that the child, in the
80	80	child's home, cannot be provided the quality of care and level of
81	81	support and supervision that the child needs to meet the conditions
82	82	of the probation. The court shall consider mitigating evidence of
83	83	the child's circumstances in making a finding under this section.
84	84	SECTION 5. Section 54.04013, Family Code, is amended to
85	85	read as follows:
86	86	Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
87	87	DEPARTMENT. (a) Notwithstanding any other provision of this code,
88	88	after a disposition hearing held in accordance with Section 54.04,
89	89	the juvenile court may commit a child who is found to have engaged
90	90	in delinquent conduct that constitutes a felony offense to the
91	91	Texas Juvenile Justice Department without a determinate sentence if
92	92	the court makes a special commitment finding that the child has
93	93	behavioral health or other special needs that cannot be met with the
94	94	resources available in the community. The court should consider
95	95	the findings of a validated risk and needs assessment and the
96	96	findings of any other appropriate professional assessment
97	97	available to the court.
98	98	(b) In making a special commitment finding under Subsection
99	99	(a), the court may consider mitigating evidence of the child's
100	100	circumstances.
101	101	SECTION 6. Section 54.05(f), Family Code, is amended to
102	102	read as follows:
103	103	(f) Except as provided by Subsection (j), a disposition
104	104	based on a finding that the child engaged in delinquent conduct that
105	105	violates a penal law of this state or the United States of the grade
106	106	of felony may be modified so as to commit the child to the Texas
107	107	Juvenile Justice Department [or, if applicable, a
108	108	post-adjudication secure correctional facility operated under
109	109	Section 152.0016, Human Resources Code,] if the court after a
110	110	hearing to modify disposition finds by a preponderance of the
111	111	evidence that the child violated a reasonable and lawful order of
112	112	the court and makes a special commitment finding under Section
113	113	54.04013. A disposition based on a finding that the child engaged
114	114	in habitual felony conduct as described by Section 51.031 or in
115	115	delinquent conduct that included a violation of a penal law listed
116	116	in Section 53.045(a) may be modified to commit the child to the
117	117	Texas Juvenile Justice Department [or, if applicable, a
118	118	post-adjudication secure correctional facility operated under
119	119	Section 152.0016, Human Resources Code,] with a possible transfer
120	120	to the Texas Department of Criminal Justice for a definite term
121	121	prescribed by[, as applicable,] Section 54.04(d)(3) [or Section
122	122	152.0016(g), Human Resources Code,] if the original petition was
123	123	approved by the grand jury under Section 53.045 and if after a
124	124	hearing to modify the disposition the court finds that the child
125	125	violated a reasonable and lawful order of the court.
126	126	SECTION 7. Section 59.009(a), Family Code, is amended to
127	127	read as follows:
128	128	(a) For a child at sanction level six, the juvenile court
129	129	may commit the child to the custody of the Texas Juvenile Justice
130	130	Department [or a post-adjudication secure correctional facility
131	131	under Section 54.04011(c)(1)]. The department[, juvenile board, or
132	132	local juvenile probation department, as applicable,] may:
133	133	(1) require the child to participate in a highly
134	134	structured residential program that emphasizes discipline,
135	135	accountability, fitness, training, and productive work for not less
136	136	than nine months or more than 24 months unless the department,
137	137	board, or probation department reduces or extends the period and
138	138	the reason for a reduction or an extension is documented;
139	139	(2) require the child to make restitution to the
140	140	victim of the child's conduct or perform community service
141	141	restitution appropriate to the nature and degree of the harm caused
142	142	and according to the child's ability, if there is a victim of the
143	143	child's conduct;
144	144	(3) require the child and the child's parents or
145	145	guardians to participate in programs and services for their
146	146	particular needs and circumstances; and
147	147	(4) if appropriate, impose additional sanctions.
148	148	SECTION 8. Sections 264.302(d) and (e), Family Code, are
149	149	amended to read as follows:
150	150	(d) The department shall [may] provide services under this
151	151	section to a child who engages in conduct for which the child may be
152	152	found by a court to be an at-risk child, without regard to whether
153	153	the conduct violates a penal law of this state of the grade of
154	154	felony other than a state jail felony, if the child was younger than
155	155	13 [10] years of age at the time the child engaged in the conduct.
156	156	(e) The department shall provide services for a child and
157	157	the child's family if [a contract to provide services under this
158	158	section is available in the county and] the child is referred to the
159	159	department as an at-risk child by:
160	160	(1) a juvenile court or probation department under
161	161	Section 54.01 or as part of a progressive sanctions program under
162	162	Chapter 59;
163	163	(2) a law enforcement officer or agency under Section
164	164	52.03; or
165	165	(3) a justice or municipal court under Article 45.057,
166	166	Code of Criminal Procedure.
167	167	SECTION 9. Chapter 203, Human Resources Code, is amended by
168	168	adding Section 203.0171 to read as follows:
169	169	Sec. 203.0171. COMMUNITY-BASED DIVERSION AND INTERVENTION
170	170	PLAN; TASK FORCE. (a) The department shall develop, and the board
171	171	shall adopt, a strategic diversion and intervention plan to
172	172	establish a network of community-based programs and services,
173	173	within defined geographic regions of this state, to rehabilitate
174	174	and keep children closer to home instead of placing children in
175	175	post-adjudication secure correctional facilities. The plan must:
176	176	(1) develop or update an inventory of community-based
177	177	programs and services provided by local juvenile justice
178	178	organizations and community-based organizations that serve
179	179	juveniles;
180	180	(2) create an intercept map that:
181	181	(A) plots resources and gaps across each
182	182	intercept point within the juvenile justice system;
183	183	(B) identifies local behavioral health services
184	184	to support diversion from the justice system;
185	185	(C) introduces community system leaders and
186	186	staff to evidence-based practices and emerging best practices
187	187	related to each intercept point; and
188	188	(D) includes customized, local maps and action
189	189	plans to address plotted gaps;
190	190	(3) describe barriers to securing rehabilitative and
191	191	programmatic mental health and therapeutic treatment service
192	192	providers in rural, multicounty, and regional jurisdictions;
193	193	(4) identify ways in which research-validated initial
194	194	risk assessments may be utilized to connect resources with risk and
195	195	protective factors identified in the assessments to create
196	196	individualized diversion plans;
197	197	(5) highlight state and national models for
198	198	community-based collaborations and cross-system partnerships for
199	199	assessments and referrals of juveniles in need of mental health and
200	200	substance use treatment, aftercare, and recovery services;
201	201	(6) develop a model memorandum of understanding and
202	202	provider contract for community-based programs and services;
203	203	(7) describe and track the dispositional impact of the
204	204	variability of diversionary community-based programs and services
205	205	on court decisions to detain children in post-adjudication secure
206	206	correctional facilities;
207	207	(8) identify effective strategies for leveraging
208	208	community resources and strengths to divert children from placement
209	209	in post-adjudication secure correctional facilities;
210	210	(9) include a description of various community-based
211	211	programs and services that promote and incorporate trauma-informed
212	212	services, equity- and culturally responsive services,
213	213	gender-specific services, family involvement, wraparound services,
214	214	and services that promote rehabilitative juvenile services through
215	215	a therapeutic perspective; and
216	216	(10) examine any other issue pertaining to juvenile
217	217	justice service providers and community-based infrastructure in
218	218	this state.
219	219	(b) The board shall appoint a task force, in collaboration
220	220	with the department's regionalization division established under
221	221	Section 203.017, to consult with the department in developing the
222	222	plan. The task force is composed of the following members:
223	223	(1) representatives designated by the advisory
224	224	council on juvenile services;
225	225	(2) regional representatives;
226	226	(3) a juvenile court prosecutor, including a juvenile
227	227	court prosecutor serving on the Juvenile Law Council of the
228	228	Juvenile Law Section of the State Bar of Texas;
229	229	(4) a juvenile defense attorney, including a defense
230	230	attorney serving on the Juvenile Law Council of the Juvenile Law
231	231	Section of the State Bar of Texas;
232	232	(5) a juvenile court judge;
233	233	(6) subject matter experts designated by the
234	234	department;
235	235	(7) a representative designated by the Department of
236	236	Family and Protective Services;
237	237	(8) a representative designated by the Office of Court
238	238	Administration of the Texas Judicial System;
239	239	(9) a youth advocate from a nonprofit or
240	240	nongovernmental organization with experience in juvenile justice;
241	241	(10) a member of the public who has personal
242	242	experience with or has been personally impacted by the juvenile
243	243	justice system;
244	244	(11) a public or private program or service provider;
245	245	(12) an academic researcher from an accredited
246	246	institution of higher education who specializes in juvenile justice
247	247	issues;
248	248	(13) a staff member designated by an interested member
249	249	of the legislature; and
250	250	(14) any other individual the board considers
251	251	necessary, including experts who may serve in an advisory capacity.
252	252	(c) Not later than December 1, 2024, the department shall
253	253	submit a copy of the plan under this section to each member of the
254	254	legislature.
255	255	SECTION 10. Subchapter A, Chapter 221, Human Resources
256	256	Code, is amended by adding Section 221.013 to read as follows:
257	257	Sec. 221.013. COMMUNITY REINVESTMENT FUND. (a) Each
258	258	county shall establish a community reinvestment fund.
259	259	(b) The juvenile board or juvenile probation department of
260	260	the county shall partner with research-based service providers in
261	261	the community to use money in the community reinvestment fund to
262	262	provide services as an alternative to juvenile detention for youth
263	263	in the community, including by providing mentoring, behavioral and
264	264	mental health services, financial or housing assistance, job
265	265	training, educational services, and after-school activities.
266	266	(c) The community reinvestment fund may be funded by:
267	267	(1) surplus funds of the department;
268	268	(2) the county; or
269	269	(3) gifts, grants, and donations.
270	270	SECTION 11. Chapter 223, Human Resources Code, is amended
271	271	by adding Section 223.007 to read as follows:
272	272	Sec. 223.007. INCENTIVE FUNDING FOR COMMUNITY-BASED
273	273	DIVERSION AND INTERVENTION. (a) The legislature may establish a
274	274	special account in the general revenue fund to supplement local
275	275	funds and encourage efficiencies in the formation of a network of
276	276	community-based programs and services within the regions of this
277	277	state and to generate savings by decreasing the population of
278	278	post-adjudication secure correctional facilities.
279	279	(b) The department shall use the money in the account to
280	280	initiate and support the implementation of the strategic
281	281	community-based diversion and intervention plan under Section
282	282	203.0171, including the implementation of projects dedicated to
283	283	specific target populations based on risk and needs, and with
284	284	established recidivism reduction goals. The department shall
285	285	develop discretionary grant funding protocols based on documented,
286	286	data-driven, and research-based practices.
287	287	(c) A region is eligible to receive funding from the
288	288	department under this section only if the region meets the
289	289	performance standards established by the department and adopted in
290	290	contracts for community-based programs and services.
291	291	(d) Funding under this section is authorized in addition to
292	292	reimbursements allocated by the department under Section 203.017.
293	293	(e) The department shall prepare a report that:
294	294	(1) outlines the amount of funds distributed as
295	295	incentive for the specific strategies, programs, and services
296	296	implemented as part of the plan described by Section 203.0171;
297	297	(2) demonstrates that certain regions or geographic
298	298	areas are implementing the strategies implemented as part of the
299	299	plan described by Section 203.0171;
300	300	(3) defines efficiencies of scale in measurable terms;
301	301	(4) proposes a payment schedule for distributing funds
302	302	under this section; and
303	303	(5) establishes a method for the documentation and
304	304	reporting of fund distributions under this section.
305	305	(f) Not later than December 1, 2024, the department shall
306	306	submit a copy of the report under this section to each member of the
307	307	legislature.
308	308	SECTION 12. Section 243.002, Human Resources Code, is
309	309	amended by adding Subsection (c) to read as follows:
310	310	(c) The department shall give credit toward the minimum
311	311	length of stay established for the child for time spent in a
312	312	pre-adjudication secure detention facility after commitment but
313	313	before the child's transfer to the department.
314	314	SECTION 13. The following provisions of the Family Code are
315	315	repealed:
316	316	(1) Section 54.04(z); and
317	317	(2) Section 264.302(c).
318	318	SECTION 14. (a) Sections 54.01, 54.02, 54.04, 54.04013,
319	319	and 54.05, Family Code, as amended by this Act, apply only to a
320	320	hearing that occurs on or after the effective date of this Act. A
321	321	hearing that occurs before the effective date of this Act is
322	322	governed by the law in effect at the time the hearing occurred, and
323	323	the former law is continued in effect for that purpose.
324	324	(b) The changes in law made by this Act to Section
325	325	59.009(a), Family Code, do not apply to a child committed to a
326	326	post-adjudication secure correctional facility under former
327	327	Section 54.04011(c)(1), Family Code, and the former law is
328	328	continued in effect for a child committed to the facility.
329	329	SECTION 15. This Act takes effect September 1, 2023.