Texas 2023 - 88th Regular

Texas House Bill HB2627 Compare Versions

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1	1	88R5805 MCF-D
2	2	By: Moody H.B. No. 2627
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adjudication and disposition of cases involving
8	8	delinquent conduct, certain juvenile court proceedings, and
9	9	planning and funding for services for children in the juvenile
10	10	justice system.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 51.02, Family Code, is amended by adding
13	13	Subdivision (7-a) to read as follows:
14	14	(7-a) "Mitigating evidence" means evidence or
15	15	information presented at a proceeding under this title that:
16	16	(A) is used to assess the growth, culpability,
17	17	and maturity of a child; and
18	18	(B) takes into consideration:
19	19	(i) the diminished culpability of
20	20	juveniles, as compared to that of adults;
21	21	(ii) the hallmark features of youth; and
22	22	(iii) the greater capacity of juveniles for
23	23	change, as compared to that of adults.
24	24	SECTION 2. Section 54.01, Family Code, is amended by adding
25	25	Subsections (e-1), (e-2), and (e-3) to read as follows:
26	26	(e-1) At the conclusion of the hearing, the court shall
27	27	refer the child to the Department of Family and Protective Services
28	28	for early youth intervention services described by Section 264.302
29	29	if the court does not release the child on the basis of a finding
30	30	described by Subsection (e)(2) or (3).
31	31	(e-2) On receipt of a referral under Subsection (e-1), the
32	32	Department of Family and Protective Services shall:
33	33	(1) conduct an early youth intervention services
34	34	review not later than 72 hours after the conclusion of the hearing
35	35	under Subsection (a); and
36	36	(2) submit the review to the court.
37	37	(e-3) A court that refers a child to the Department of
38	38	Family and Protective Services under Subsection (e-1) shall release
39	39	the child not later than the 10th working day after the date of the
40	40	conclusion of the hearing.
41	41	SECTION 3. Section 54.02, Family Code, is amended by adding
42	42	Subsection (d-1) and amending Subsection (h) to read as follows:
43	43	(d-1) In a hearing under this section, a presumption exists
44	44	that it is in the best interest of the child and of justice that the
45	45	juvenile court retain jurisdiction over the child. The burden is on
46	46	the state to overcome this presumption.
47	47	(h) If the juvenile court waives jurisdiction, it shall
48	48	state specifically in the order its reasons for waiver. The
49	49	statement of reasons must include sufficient specificity to permit
50	50	meaningful review, provide case-specific findings of fact that do
51	51	not rely solely on the nature or seriousness of the offense, and
52	52	refer to relevant mitigating evidence. The court shall [and]
53	53	certify its action, including the written order and findings of the
54	54	court, and shall transfer the person to the appropriate court for
55	55	criminal proceedings and cause the results of the diagnostic study
56	56	of the person ordered under Subsection (d), including psychological
57	57	information, to be transferred to the appropriate criminal
58	58	prosecutor. On transfer of the person for criminal proceedings,
59	59	the person shall be dealt with as an adult and in accordance with
60	60	the Code of Criminal Procedure, except that if detention in a
61	61	certified juvenile detention facility is authorized under Section
62	62	152.0015, Human Resources Code, the juvenile court may order the
63	63	person to be detained in the facility pending trial or until the
64	64	criminal court enters an order under Article 4.19, Code of Criminal
65	65	Procedure. A transfer of custody made under this subsection is an
66	66	arrest.
67	67	SECTION 4. Section 54.04(c), Family Code, is amended to
68	68	read as follows:
69	69	(c) No disposition may be made under this section unless the
70	70	child is in need of rehabilitation or the protection of the public
71	71	or the child requires that disposition be made. If the court or
72	72	jury does not so find, the court shall dismiss the child and enter a
73	73	final judgment without any disposition. No disposition placing the
74	74	child on probation outside the child's home may be made under this
75	75	section unless the court or jury finds that the child, in the
76	76	child's home, cannot be provided the quality of care and level of
77	77	support and supervision that the child needs to meet the conditions
78	78	of the probation. The court shall consider mitigating evidence of
79	79	the child's circumstances in making a finding under this section.
80	80	SECTION 5. Section 54.04013, Family Code, is amended to
81	81	read as follows:
82	82	Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
83	83	DEPARTMENT. (a) Notwithstanding any other provision of this code,
84	84	after a disposition hearing held in accordance with Section 54.04,
85	85	the juvenile court may commit a child who is found to have engaged
86	86	in delinquent conduct that constitutes a felony offense to the
87	87	Texas Juvenile Justice Department without a determinate sentence if
88	88	the court makes a special commitment finding that the child has
89	89	behavioral health or other special needs that cannot be met with the
90	90	resources available in the community. The court should consider
91	91	the findings of a validated risk and needs assessment and the
92	92	findings of any other appropriate professional assessment
93	93	available to the court.
94	94	(b) In making a special commitment finding under Subsection
95	95	(a), the court may consider mitigating evidence of the child's
96	96	circumstances.
97	97	SECTION 6. Section 54.05(f), Family Code, is amended to
98	98	read as follows:
99	99	(f) Except as provided by Subsection (j), a disposition
100	100	based on a finding that the child engaged in delinquent conduct that
101	101	violates a penal law of this state or the United States of the grade
102	102	of felony may be modified so as to commit the child to the Texas
103	103	Juvenile Justice Department or, if applicable, a post-adjudication
104	104	secure correctional facility operated under Section 152.0016,
105	105	Human Resources Code, if the court after a hearing to modify
106	106	disposition finds by a preponderance of the evidence that the child
107	107	violated a reasonable and lawful order of the court and makes a
108	108	special commitment finding under Section 54.04013. A disposition
109	109	based on a finding that the child engaged in habitual felony conduct
110	110	as described by Section 51.031 or in delinquent conduct that
111	111	included a violation of a penal law listed in Section 53.045(a) may
112	112	be modified to commit the child to the Texas Juvenile Justice
113	113	Department or, if applicable, a post-adjudication secure
114	114	correctional facility operated under Section 152.0016, Human
115	115	Resources Code, with a possible transfer to the Texas Department of
116	116	Criminal Justice for a definite term prescribed by, as applicable,
117	117	Section 54.04(d)(3) or Section 152.0016(g), Human Resources Code,
118	118	if the original petition was approved by the grand jury under
119	119	Section 53.045 and if after a hearing to modify the disposition the
120	120	court finds that the child violated a reasonable and lawful order of
121	121	the court.
122	122	SECTION 7. Section 54.052(d), Family Code, is amended to
123	123	read as follows:
124	124	(d) The Texas Juvenile Justice Department or the juvenile
125	125	board or local juvenile probation department operating or
126	126	contracting for the operation of the post-adjudication secure
127	127	correctional facility under Section 152.0016, Human Resources
128	128	Code, as applicable, shall grant any credit under this section or
129	129	Section 243.002, Human Resources Code, in computing the child's
130	130	eligibility for parole and discharge.
131	131	SECTION 8. Chapter 54, Family Code, is amended by adding
132	132	Section 54.053 to read as follows:
133	133	Sec. 54.053. CREDIT FOR TIME SPENT IN DETENTION FACILITY
134	134	FOR CHILD WITHOUT DETERMINATE SENTENCE. (a) This section applies
135	135	only to a child who is:
136	136	(1) committed to the Texas Juvenile Justice Department
137	137	without a determinate sentence under Section 54.04(d)(2); or
138	138	(2) subject to a hearing to modify disposition under
139	139	Section 54.05.
140	140	(b) The judge of the court in which a child is adjudicated
141	141	shall give the child credit on the child's sentence for the time
142	142	spent by the child, in connection with the conduct for which the
143	143	child was adjudicated, in a secure detention facility before the
144	144	child's transfer to a Texas Juvenile Justice Department facility.
145	145	(c) The Texas Juvenile Justice Department shall grant any
146	146	credit under this section or Section 243.002, Human Resources Code,
147	147	in computing the child's eligibility for parole and discharge.
148	148	SECTION 9. Section 59.009, Family Code, is amended to read
149	149	as follows:
150	150	Sec. 59.009. SANCTION LEVEL SIX. (a) For a child at
151	151	sanction level six, the juvenile court may commit the child to the
152	152	custody of the Texas Juvenile Justice Department [or a
153	153	post-adjudication secure correctional facility under Section
154	154	54.04011(c)(1)]. The department[, juvenile board, or local
155	155	juvenile probation department, as applicable,] may:
156	156	(1) require the child to participate in a highly
157	157	structured residential program that emphasizes discipline,
158	158	accountability, fitness, training, and productive work for not less
159	159	than nine months or more than 24 months unless the department,
160	160	board, or probation department reduces or extends the period and
161	161	the reason for a reduction or an extension is documented;
162	162	(2) require the child to make restitution to the
163	163	victim of the child's conduct or perform community service
164	164	restitution appropriate to the nature and degree of the harm caused
165	165	and according to the child's ability, if there is a victim of the
166	166	child's conduct;
167	167	(3) require the child and the child's parents or
168	168	guardians to participate in programs and services for their
169	169	particular needs and circumstances; and
170	170	(4) if appropriate, impose additional sanctions.
171	171	(b) On release of the child under supervision, the Texas
172	172	Juvenile Justice Department parole programs [or the juvenile board
173	173	or local juvenile probation department operating parole programs
174	174	under Section 152.0016(c)(2), Human Resources Code,] may:
175	175	(1) impose highly structured restrictions on the
176	176	child's activities and requirements for behavior of the child as
177	177	conditions of release under supervision;
178	178	(2) require a parole officer to closely monitor the
179	179	child for not less than six months; and
180	180	(3) if appropriate, impose any other conditions of
181	181	supervision.
182	182	(c) The Texas Juvenile Justice Department[, juvenile board,
183	183	or local juvenile probation department] may discharge the child
184	184	from the custody of the department[, board, or probation
185	185	department, as applicable,] on the date the provisions of this
186	186	section are met or on the child's 19th birthday, whichever is
187	187	earlier.
188	188	SECTION 10. Sections 264.302(d) and (e), Family Code, are
189	189	amended to read as follows:
190	190	(d) The department may provide services under this section
191	191	to a child who engages in conduct for which the child may be found by
192	192	a court to be an at-risk child, without regard to whether the
193	193	conduct violates a penal law of this state of the grade of felony
194	194	other than a state jail felony, if the child was younger than 13
195	195	[10] years of age at the time the child engaged in the conduct.
196	196	(e) The department shall provide services for a child and
197	197	the child's family if [a contract to provide services under this
198	198	section is available in the county and] the child is referred to the
199	199	department as an at-risk child by:
200	200	(1) a juvenile court or probation department under
201	201	Section 54.01 or as part of a progressive sanctions program under
202	202	Chapter 59;
203	203	(2) a law enforcement officer or agency under Section
204	204	52.03; or
205	205	(3) a justice or municipal court under Article 45.057,
206	206	Code of Criminal Procedure.
207	207	SECTION 11. Chapter 203, Human Resources Code, is amended
208	208	by adding Section 203.0171 to read as follows:
209	209	Sec. 203.0171. COMMUNITY-BASED DIVERSION AND INTERVENTION
210	210	PLAN; TASK FORCE. (a) The department shall develop, and the board
211	211	shall adopt, a strategic diversion and intervention plan to
212	212	establish a network of community-based programs and services,
213	213	within defined geographic regions of this state, to rehabilitate
214	214	and keep children closer to home instead of placing children in
215	215	juvenile detention facilities. The plan must:
216	216	(1) develop or update an inventory of community-based
217	217	programs and services provided by local juvenile justice
218	218	organizations and community-based organizations that serve
219	219	juveniles;
220	220	(2) create an intercept map that:
221	221	(A) plots resources and gaps across each
222	222	intercept point within the juvenile justice system;
223	223	(B) identifies local behavioral health services
224	224	to support diversion from the justice system;
225	225	(C) introduces community system leaders and
226	226	staff to evidence-based practices and emerging best practices
227	227	related to each intercept point; and
228	228	(D) includes customized, local maps and action
229	229	plans to address plotted gaps;
230	230	(3) describe barriers to securing rehabilitative and
231	231	programmatic mental health and therapeutic treatment service
232	232	providers in rural, multicounty, and regional jurisdictions;
233	233	(4) identify ways in which research-validated initial
234	234	risk assessments may be utilized to connect resources with risk and
235	235	protective factors identified in the assessments to create
236	236	individualized diversion plans;
237	237	(5) highlight state and national models for
238	238	community-based collaborations and cross-system partnerships for
239	239	assessments and referrals of juveniles in need of mental health and
240	240	substance use treatment, aftercare, and recovery services;
241	241	(6) develop a model memorandum of understanding and
242	242	provider contract for community-based programs and services;
243	243	(7) describe and track the dispositional impact of the
244	244	variability of diversionary community-based programs and services
245	245	on court decisions to detain children in juvenile detention
246	246	facilities;
247	247	(8) identify effective strategies for leveraging
248	248	community resources and strengths to divert children from placement
249	249	in juvenile detention facilities;
250	250	(9) include a description of various community-based
251	251	programs and services that promote and incorporate trauma-informed
252	252	services, equity- and culturally responsive services,
253	253	gender-specific services, family involvement, wraparound services,
254	254	and services that promote rehabilitative juvenile services through
255	255	a therapeutic perspective; and
256	256	(10) examine any other issue pertaining to juvenile
257	257	justice service providers and community-based infrastructure in
258	258	this state.
259	259	(b) The board shall appoint a task force to, in
260	260	collaboration with the department's regionalization division
261	261	established under Section 203.017, consult with the department in
262	262	developing the plan. The task force is composed of the following
263	263	members:
264	264	(1) representatives designated by the Advisory
265	265	Council on Juvenile Services;
266	266	(2) regional representatives;
267	267	(3) a juvenile court prosecutor, including a juvenile
268	268	court prosecutor serving on the Juvenile Law Section of the State
269	269	Bar of Texas;
270	270	(4) a juvenile defense attorney or a defense attorney
271	271	serving on the Juvenile Law Section of the State Bar of Texas;
272	272	(5) a juvenile court judge;
273	273	(6) subject matter experts designated by the
274	274	department;
275	275	(7) a representative designated by the Department of
276	276	Family and Protective Services;
277	277	(8) a representative designated by the Office of Court
278	278	Administration of the Texas Judicial System;
279	279	(9) a youth advocate from a nonprofit or
280	280	nongovernmental organization with experience in juvenile justice;
281	281	(10) a member of the public who has personal
282	282	experience with or has been personally impacted by the juvenile
283	283	justice system;
284	284	(11) a public or private program or service provider;
285	285	(12) an academic researcher from an accredited
286	286	institution of higher education who specializes in juvenile justice
287	287	issues;
288	288	(13) a staff member designated by an interested member
289	289	of the legislature; and
290	290	(14) any other individual the board considers
291	291	necessary, including experts who may serve in an advisory capacity.
292	292	(c) Not later than December 1, 2024, the department shall
293	293	submit a copy of the plan under this section to each member of the
294	294	legislature.
295	295	SECTION 12. Subchapter A, Chapter 221, Human Resources
296	296	Code, is amended by adding Section 221.013 to read as follows:
297	297	Sec. 221.013. COMMUNITY REINVESTMENT FUND. (a) Each
298	298	county shall establish a community reinvestment fund.
299	299	(b) The juvenile board or juvenile probation department of
300	300	the county shall partner with research-based service providers in
301	301	the community to use money in the community reinvestment fund to
302	302	provide services as an alternative to juvenile detention for youth
303	303	in the community, including by providing mentoring, behavioral and
304	304	mental health services, financial or housing assistance, job
305	305	training, educational services, and after-school activities.
306	306	(c) The community reinvestment fund may be funded by:
307	307	(1) surplus funds of the department;
308	308	(2) the county; or
309	309	(3) gifts, grants, and donations.
310	310	SECTION 13. Subchapter B, Chapter 223, Human Resources
311	311	Code, is amended by adding Section 223.007 to read as follows:
312	312	Sec. 223.007. INCENTIVE FUNDING FOR COMMUNITY-BASED
313	313	DIVERSION AND INTERVENTION. (a) The legislature may establish a
314	314	special account in the general revenue fund to supplement local
315	315	funds and encourage efficiencies in the formation of a network of
316	316	community-based programs and services within the regions of this
317	317	state and to generate savings by decreasing the population of
318	318	post-adjudication secure correctional facilities.
319	319	(b) The department shall use the money in the account to
320	320	initiate and support the implementation of the strategic
321	321	community-based diversion and intervention plan under Section
322	322	203.0171, including the implementation of projects dedicated to
323	323	specific target populations based on risk and needs, and with
324	324	established recidivism reduction goals. The department shall
325	325	develop discretionary grant funding protocols based on documented,
326	326	data-driven, and research-based practices.
327	327	(c) A region is eligible to receive funding from the
328	328	department under this section only if the region meets the
329	329	performance standards established by the department and adopted in
330	330	contracts for community-based programs and services.
331	331	(d) Funding under this section is authorized in addition to
332	332	reimbursements allocated by the department under Section 203.017.
333	333	(e) The department shall prepare a report that:
334	334	(1) outlines the amount of funds distributed as
335	335	incentive for the specific strategies, programs, and services
336	336	implemented as part of the plan described by Section 203.0171;
337	337	(2) demonstrates that certain regions or geographic
338	338	areas are implementing the strategies implemented as part of the
339	339	plan described by Section 203.0171;
340	340	(3) defines efficiencies of scale in measurable terms;
341	341	(4) proposes a payment schedule for distributing funds
342	342	under this section; and
343	343	(5) establishes a method for the documentation and
344	344	reporting of fund distributions under this section.
345	345	(f) Not later than December 1, 2024, the department shall
346	346	submit a copy of the report under this section to each member of the
347	347	legislature.
348	348	SECTION 14. Section 243.002, Human Resources Code, is
349	349	amended by adding Subsection (c) to read as follows:
350	350	(c) A child shall receive credit on the child's sentence for
351	351	time spent, in connection with the conduct for which the department
352	352	is establishing the minimum length of stay under this section, in a
353	353	secure detention facility before the child's transfer to the
354	354	department.
355	355	SECTION 15. The following provisions of the Family Code are
356	356	repealed:
357	357	(1) Section 54.04(z); and
358	358	(2) Section 264.302(c).
359	359	SECTION 16. (a) Sections 54.01, 54.02, 54.04, 54.04013, and
360	360	54.05, Family Code, as amended by this Act, apply only to a hearing
361	361	that occurs on or after the effective date of this Act. A hearing
362	362	that occurs before the effective date of this Act is governed by the
363	363	law in effect at the time the hearing occurred, and the former law
364	364	is continued in effect for that purpose.
365	365	(b) Sections 54.052 and 59.009, Family Code, as amended by
366	366	this Act, and Section 54.053, Family Code, as added by this Act,
367	367	apply only to conduct that occurs on or after the effective date of
368	368	this Act. Conduct that occurs before the effective date of this Act
369	369	is governed by the law in effect at the time the conduct occurred,
370	370	and the former law is continued in effect for that purpose. For the
371	371	purposes of this section, conduct occurs before the effective date
372	372	of this Act if any element of the conduct occurred before that date.
373	373	SECTION 17. This Act takes effect September 1, 2023.