Texas House Bill HB458

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 4/14/23
• Voted on by House: 4/20/23

Caption

Relating to the period within which the Texas Juvenile Justice Department must accept custody of a person committed to the department and to the consequences for the failure of the department to accept custody of the person within that period.

Impact

If enacted, HB 458 would significantly affect the operations within the juvenile justice system by ensuring that timely custody transfers occur, thereby enhancing the efficacy of rehabilitation services. Additionally, the bill imposes a financial responsibility on the TJJD should it fail to accept custody within the designated timeframe, requiring the department to compensate local facilities for any prolonged detention resulting from such delays. This provision could promote accountability and improve resource allocation concerning juvenile detention facilities.

Summary

House Bill 458 is designed to amend the timeframe within which the Texas Juvenile Justice Department (TJJD) is required to accept custody of individuals committed to its care. Specifically, the bill stipulates that the TJJD must accept custody of a person no later than 30 days following the judge's signing of the disposition order. This statutory change aims to address delays in the intake process that can hinder effective rehabilitation and support for youth under the department's care, particularly in light of heightened challenges faced during the COVID-19 pandemic.

Sentiment

Discussion surrounding HB 458 appears largely favorable, with many stakeholders acknowledging the importance of timely intervention in the lives of youth involved in the juvenile justice system. Supporters argue that the bill is a progressive step towards facilitating smoother processes that align with rehabilitation goals. However, there may be underlying concerns about the budgetary implications for the TJJD and local jurisdictions related to its implementation, underscoring the bill's complexities.

Contention

While the bill generally enjoys support, notable points of contention may revolve around its practicality and the financial implications of mandating compensation for delayed custody acceptance. Critics could argue that such financial burdens might strain already limited resources for juvenile justice programs. Moreover, discussions could arise regarding the adequacy of services provided within the 30-day timeframe and whether this period is sufficient for effective rehabilitation preparations.

Texas Constitutional Statutes Affected

Family Code

• Chapter 54. Judicial Proceedings
  • Section: New Section
  • Section: New Section
  • Section: New Section

Human Resources Code

• Chapter 243. Admission And Commitment; Escape
  • Section: New Section
  • Section: New Section