| 1 | 1 | | 88R13519 SHH-D |
|---|
| 2 | 2 | | By: Wu, Reynolds, Thompson of Harris, Moody H.B. No. 3176 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the creation of a youthful offender pilot court |
|---|
| 8 | 8 | | program. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subtitle K, Title 2, Government Code, is amended |
|---|
| 11 | 11 | | by adding Chapter 127 to read as follows: |
|---|
| 12 | 12 | | CHAPTER 127. YOUTHFUL OFFENDER PILOT COURT PROGRAM |
|---|
| 13 | 13 | | Sec. 127.001. YOUTHFUL OFFENDER PILOT COURT PROGRAM; |
|---|
| 14 | 14 | | PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youthful |
|---|
| 15 | 15 | | offender pilot court program" means a program that has the |
|---|
| 16 | 16 | | following essential characteristics: |
|---|
| 17 | 17 | | (1) the integration of services in the processing of |
|---|
| 18 | 18 | | cases in the judicial system; |
|---|
| 19 | 19 | | (2) the use of a nonadversarial approach involving |
|---|
| 20 | 20 | | prosecutors and defense attorneys to promote public safety and to |
|---|
| 21 | 21 | | protect the due process rights of program participants; |
|---|
| 22 | 22 | | (3) early identification and prompt placement of |
|---|
| 23 | 23 | | eligible participants in the program; |
|---|
| 24 | 24 | | (4) access to a continuum of counseling, mental |
|---|
| 25 | 25 | | health, alcohol, controlled substance, and other related treatment |
|---|
| 26 | 26 | | and rehabilitative services; |
|---|
| 27 | 27 | | (5) careful monitoring of treatment and services |
|---|
| 28 | 28 | | provided to program participants; |
|---|
| 29 | 29 | | (6) a coordinated strategy to govern program responses |
|---|
| 30 | 30 | | to participants' compliance; |
|---|
| 31 | 31 | | (7) ongoing judicial interaction with program |
|---|
| 32 | 32 | | participants; |
|---|
| 33 | 33 | | (8) monitoring and evaluation of program goals and |
|---|
| 34 | 34 | | effectiveness; |
|---|
| 35 | 35 | | (9) continuing interdisciplinary education to promote |
|---|
| 36 | 36 | | effective program planning, implementation, and operations; |
|---|
| 37 | 37 | | (10) development of partnerships with public agencies |
|---|
| 38 | 38 | | and community organizations; and |
|---|
| 39 | 39 | | (11) inclusion of a participant's family members who |
|---|
| 40 | 40 | | agree to be involved in the treatment and services provided to the |
|---|
| 41 | 41 | | participant under the program. |
|---|
| 42 | 42 | | (b) If a defendant successfully completes a youthful |
|---|
| 43 | 43 | | offender pilot court program, after notice to the attorney |
|---|
| 44 | 44 | | representing the state and a hearing in the youthful offender pilot |
|---|
| 45 | 45 | | court at which that court determines that a dismissal is in the best |
|---|
| 46 | 46 | | interest of justice, the court in which the criminal case is pending |
|---|
| 47 | 47 | | shall dismiss the case against the defendant. |
|---|
| 48 | 48 | | Sec. 127.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
|---|
| 49 | 49 | | (a) The commissioners court of a county may establish a youthful |
|---|
| 50 | 50 | | offender pilot court program for persons arrested for or charged |
|---|
| 51 | 51 | | with an offense that is punishable as a felony, other than an |
|---|
| 52 | 52 | | offense listed in Article 42A.054(a), Code of Criminal Procedure. |
|---|
| 53 | 53 | | (b) A defendant is eligible to participate in the youthful |
|---|
| 54 | 54 | | offender pilot court program established under this chapter only if |
|---|
| 55 | 55 | | the defendant was at least 17 years of age but younger than 22 years |
|---|
| 56 | 56 | | of age at the time of the offense. |
|---|
| 57 | 57 | | (c) The court in which the criminal case is pending shall |
|---|
| 58 | 58 | | allow an eligible defendant to choose whether to proceed through |
|---|
| 59 | 59 | | the youthful offender pilot court program or otherwise through the |
|---|
| 60 | 60 | | criminal justice system. |
|---|
| 61 | 61 | | Sec. 127.003. DUTIES OF YOUTHFUL OFFENDER PILOT COURT |
|---|
| 62 | 62 | | PROGRAM. (a) A youthful offender pilot court program established |
|---|
| 63 | 63 | | under this chapter must: |
|---|
| 64 | 64 | | (1) ensure that a defendant eligible for participation |
|---|
| 65 | 65 | | in the program is provided legal counsel before electing to proceed |
|---|
| 66 | 66 | | through the program and while participating in the program; |
|---|
| 67 | 67 | | (2) allow a participant to withdraw from the program |
|---|
| 68 | 68 | | at any time before a trial on the merits has been initiated; and |
|---|
| 69 | 69 | | (3) provide a participant with a court-ordered |
|---|
| 70 | 70 | | individualized plan indicating the services that will be provided |
|---|
| 71 | 71 | | to the participant. |
|---|
| 72 | 72 | | (b) A youthful offender pilot court program established |
|---|
| 73 | 73 | | under this chapter shall make, establish, and publish local |
|---|
| 74 | 74 | | procedures to ensure maximum participation of eligible defendants |
|---|
| 75 | 75 | | in the program. |
|---|
| 76 | 76 | | (c) A youthful offender pilot court program may allow a |
|---|
| 77 | 77 | | participant to comply with the participant's court-ordered |
|---|
| 78 | 78 | | individualized plan or to fulfill certain other court obligations |
|---|
| 79 | 79 | | through the use of videoconferencing software or other |
|---|
| 80 | 80 | | Internet-based communications. |
|---|
| 81 | 81 | | Sec. 127.004. REPORT. Not later than December 1, 2024, the |
|---|
| 82 | 82 | | commissioners court of a county that establishes a youthful |
|---|
| 83 | 83 | | offender pilot court program under this chapter shall submit a |
|---|
| 84 | 84 | | report to the governor, the lieutenant governor, the speaker of the |
|---|
| 85 | 85 | | house of representatives, and the standing committees of the |
|---|
| 86 | 86 | | legislature with primary jurisdiction over criminal justice |
|---|
| 87 | 87 | | matters, regarding the effectiveness of the program at enhancing |
|---|
| 88 | 88 | | judicial compliance and decreasing recidivism of youthful |
|---|
| 89 | 89 | | offenders. The report must include the commissioners court's |
|---|
| 90 | 90 | | recommendation on whether the program should be continued. |
|---|
| 91 | 91 | | Sec. 127.005. EXPIRATION. This chapter expires September |
|---|
| 92 | 92 | | 1, 2025. |
|---|
| 93 | 93 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|