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