Texas 2023 - 88th Regular

Texas House Bill HB4356 Compare Versions

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1	1	By: Talarico H.B. No. 4356
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the dissolution of the Texas Juvenile Justice
7	7	Department and the creation of the Office of Youth Safety and
8	8	Rehabilitation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subtitle A, Title 12, Human
11	11	Resources Code, is amended to read as follows:
12	12	SUBTITLE A. OFFICE OF YOUTH SAFETY AND REHABILITATION [TEXAS
13	13	JUVENILE JUSTICE BOARD AND TEXAS JUVENILE JUSTICE DEPARTMENT]
14	14	SECTION 2. Subtitle A, Title 12, Human Resources Code, is
15	15	amended by adding Chapter 201A to read as follows:
16	16	CHAPTER 201A. OFFICE OF YOUTH SAFETY AND REHABILITATION
17	17	Sec. 201A.001. DEFINITIONS. (a) In this chapter:
18	18	(1) "Board" means the Board of Youth Safety and
19	19	Rehabilitation.
20	20	(2) "Child" means an individual:
21	21	(A) 10 years of age or older and younger than 18
22	22	years of age who is under the jurisdiction of a juvenile court; or
23	23	(B) 10 years of age or older and younger than 19
24	24	years of age who is committed to the custody of the office under
25	25	Title 3, Family Code.
26	26	(3) "Office" means the Office of Youth Safety and
27	27	Rehabilitation.
28	28	(b) A reference in other law to the Texas Juvenile Justice
29	29	Department means the office.
30	30	Sec. 201A.002. OFFICE OF YOUTH SAFETY AND REHABILITATION.
31	31	The executive commissioner of the Health and Human Services
32	32	Commission shall maintain an Office of Youth Safety and
33	33	Rehabilitation within the commission with the goal of:
34	34	(1) promoting trauma-responsive and culturally
35	35	informed services for children engaging in delinquent conduct in a
36	36	manner that supports the child's successful transition to
37	37	adulthood; and
38	38	(2) ensuring children become responsible, thriving,
39	39	and engaged members of their communities.
40	40	Sec. 201A.003. RESPONSIBILITIES OF OFFICE. The office is
41	41	responsible for:
42	42	(1) managing and allocating recouped funding to
43	43	community-based service providers;
44	44	(2) providing technical assistance to develop and
45	45	expand local diversion opportunities to meet the various needs of
46	46	children who have engaged in delinquent conduct, including sex
47	47	offender, substance abuse, mental health treatment, and in-school
48	48	diversion and prevention programs;
49	49	(3) acting as a financial and administrative
50	50	intermediary entity between state and local organizations and
51	51	county agencies to distribute state and other grants and resources;
52	52	and
53	53	(4) overseeing the use of the funding described by
54	54	Subdivision (3) throughout this state to assist in the development
55	55	of infrastructure for local programs focusing on children.
56	56	Sec. 201A.004. ANNUAL REPORT REQUIRED. The office shall
57	57	annually submit a report to the governor and each member of the
58	58	legislature. The report must:
59	59	(1) describe outcomes achieved by the office in the
60	60	preceding year;
61	61	(2) detail the work completed by the office in the
62	62	preceding year, including any new services or programs offered by
63	63	the office;
64	64	(3) evaluate the efficacy of current programs offered
65	65	locally to children;
66	66	(4) identify and recommend policies for improved
67	67	outcomes and integrated programs and services to best support
68	68	children outside of detention facilities; and
69	69	(5) identify and disseminate best practices to help
70	70	inform restorative practices, including education, diversion,
71	71	reentry, religious, and victim services.
72	72	Sec. 201A.005. BOARD; FUNDING PRIORITIES. (a) The board is
73	73	the governing body of the office and is responsible for the
74	74	operations of the office.
75	75	(b) The board shall develop and implement policies that
76	76	clearly separate the policymaking responsibilities of the board and
77	77	the management responsibilities of the presiding officer and the
78	78	staff of the office.
79	79	(c) The board shall establish funding priorities for
80	80	services that support the goals of the office and that do not
81	81	provide incentives to detain children.
82	82	Sec. 201A.006. COMPOSITION OF BOARD; PRESIDING OFFICER.
83	83	(a) The board is composed of the following 19 members or their
84	84	designees:
85	85	(1) the executive commissioner of the Health and Human
86	86	Services Commission;
87	87	(2) the chief officer of the Medicaid and CHIP
88	88	services department of the Health and Human Services Commission;
89	89	(3) the deputy executive commissioner of the
90	90	Intellectual and Developmental Disability and Behavioral Health
91	91	Services Department;
92	92	(4) the director of the Early Childhood Education
93	93	Division at the Texas Education Agency;
94	94	(5) the following members appointed by the governor:
95	95	(A) a member of the judiciary;
96	96	(B) an attorney with experience in defending
97	97	civil rights cases;
98	98	(C) a member of the Texas Judicial Commission on
99	99	Mental Health;
100	100	(D) a faculty member from the medical school at
101	101	The University of Texas Health Science Center at San Antonio;
102	102	(E) a licensed trauma-informed youth counselor;
103	103	(F) an education advocate;
104	104	(G) two culturally responsive juvenile justice
105	105	advocates;
106	106	(H) a culturally responsive youth mental health
107	107	advocate;
108	108	(I) a harm reduction advocate; and
109	109	(J) a representative of the Texas Correctional
110	110	Office on Offenders with Medical or Mental Impairments; and
111	111	(6) the following members appointed by the governor
112	112	from recommendations made by the presiding officer:
113	113	(A) a child welfare advocate;
114	114	(B) two youth advocates; and
115	115	(C) two individuals formerly committed to a
116	116	juvenile detention facility who can serve as a credible messenger
117	117	for detained youth.
118	118	(b) Board members serve staggered six-year terms, with the
119	119	terms of six or seven members expiring on February 1 of each
120	120	odd-numbered year.
121	121	(c) The governor shall designate a member of the board as
122	122	the presiding officer to serve in that capacity at the pleasure of
123	123	the governor.
124	124	Sec. 201A.006. PLAN. (a) The office shall develop and
125	125	adopt a plan to improve the juvenile justice system under the
126	126	authority of the office.
127	127	(b) The plan must include a detailed list of procedures and
128	128	strategies to:
129	129	(1) not later than September 1, 2026:
130	130	(A) end commitments of children to any of the
131	131	five secure juvenile detention facilities operated by the Texas
132	132	Juvenile Justice Department;
133	133	(B) significantly reduce the population of
134	134	children currently committed to each of the five secure juvenile
135	135	detention facilities operated by the Texas Juvenile Justice
136	136	Department;
137	137	(C) establish infrastructure in each county in
138	138	this state to provide alternative services related to delinquency
139	139	prevention and intervention, including alternative evidence-based
140	140	safe, local, supportive placements for children who cannot stay at
141	141	home;
142	142	(D) establish secure placement options for
143	143	children in cases where the court finds that the offender presents a
144	144	serious security risk of harm to self or others;
145	145	(E) increase local, evidence-based delinquency
146	146	responses and interventions in communities and schools; and
147	147	(F) end racial and disability disparities for
148	148	children in the juvenile justice system; and
149	149	(2) not later than September 1, 2030, complete a
150	150	staggered closure of the five secure juvenile detention facilities
151	151	operated by the Texas Juvenile Justice Department.
152	152	(c) In developing the plan, the office shall consult with
153	153	experts and interested parties, including juvenile probation
154	154	departments.
155	155	(d) Not later than January 1, 2025, the office shall submit
156	156	a copy of the plan to the governor, the lieutenant governor, the
157	157	speaker of the house of representatives, and each member of the
158	158	legislature.
159	159	(e) This section expires September 1, 2030.
160	160	Sec. 201A.007. SUNSET PROVISION. The office is subject to
161	161	Chapter 325, Government Code (Texas Sunset Act). Unless continued
162	162	in existence as provided by that chapter, the board and office are
163	163	abolished September 1, 2030.
164	164	SECTION 3. (a) Chapters 201, 202, and 203, Human Resources
165	165	Code, are repealed.
166	166	SECTION 4. (a) The Texas Juvenile Justice Department is
167	167	abolished but continues in existence until September 1, 2030, for
168	168	the sole purpose of transferring obligations, property, rights,
169	169	powers, grants, and duties to the Office of Youth Safety and
170	170	Rehabilitation. The Office of Youth Safety and Rehabilitation
171	171	assumes any remaining obligations, property, rights, powers, and
172	172	duties of the Texas Juvenile Justice Department as they exist
173	173	immediately before September 1, 2030. All unexpended funds under
174	174	the management of the Texas Juvenile Justice Board of the Texas
175	175	Juvenile Justice Department as provided by Chapter 203, Human
176	176	Resources Code, as that chapter existed immediately before the
177	177	effective date of this Act, are transferred to the Office of Youth
178	178	Safety and Rehabilitation for the purpose of administering duties
179	179	under Chapter 201A, Human Resources Code, as added by this Act.
180	180	(b) The Texas Juvenile Justice Department and the Office of
181	181	Youth Safety and Rehabilitation shall, in consultation with
182	182	appropriate state entities, ensure that the transfer of the
183	183	obligations, property, rights, powers, and duties of the Texas
184	184	Juvenile Justice Department to the Office of Youth Safety and
185	185	Rehabilitation is completed not later than September 1, 2030.
186	186	(c) All rules of the Texas Juvenile Justice Department are
187	187	continued in effect as rules of the Office of Youth Safety and
188	188	Rehabilitation until superseded by a rule of the Office of Youth
189	189	Safety and Rehabilitation. An authorization issued by the Texas
190	190	Juvenile Justice Department is continued in effect as provided by
191	191	the law in effect immediately before the effective date of this Act.
192	192	An authorization pending on the effective date of this Act is
193	193	continued without change in status after the effective date of this
194	194	Act. A complaint, investigation, or other proceeding pending on
195	195	the effective date of this Act is continued without change in status
196	196	after the effective date of this Act.
197	197	(d) Unless the context indicates otherwise, a reference to
198	198	the Texas Juvenile Justice Department in a law or administrative
199	199	rule means the Office of Youth Safety and Rehabilitation.
200	200	SECTION 5. Not later than the 60th day after the effective
201	201	date of this Act, the governor shall appoint members to the Board of
202	202	Youth Safety and Rehabilitation in accordance with Section
203	203	201A.006, Human Resources Code, as added by this Act. In appointing
204	204	the initial members of the board under this section, the governor
205	205	shall designate six members for terms expiring February 1, 2025,
206	206	six members for terms expiring February 1, 2027, and seven members
207	207	for terms expiring February 1, 2029.
208	208	SECTION 6. This Act takes effect September 1, 2023.