BILL ANALYSIS

C.S.H.B. 5195

By: Thompson, Senfronia

Youth Health & Safety, Select

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Services for youth in pre-adjudication facilities require a minimum standard of care, including access to education, mental health screening, and substance abuse treatment. However, current law does not provide for this minimum standard of care for youth who have been certified for transfer to the adult system. Youth awaiting trial as adults are no less children than youth who are awaiting adjudication. Both are factually identical in age and are afforded the grace of a criminal defendant and the presumption of innocence, which is the cornerstone of our justice system. Accordingly, C.S.H.B. 5195 provides for a child who has been transferred for criminal prosecution and ordered to be detained in a juvenile facility pending criminal proceedings in adult court to receive education, programming, and services consistent with minimum standards already in place for children in a juvenile facility.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5195 amends the Family Code to require a child ordered to be detained in a juvenile detention facility pending criminal proceedings as an adult to be provided education, programming, and other services consistent with the minimum standards adopted by the Texas Juvenile Justice Board for juvenile detention facilities, to the extent practicable. The bill requires the facility administrator or the administrator's designee to do the following:

· not later than the 21st day after the date on which a child is ordered to be detained in a juvenile detention facility, complete an initial assessment of the child to evaluate the needs of the child and develop a written plan to ensure the child has an opportunity to make progress on identified rehabilitation goals pending trial; and

· at least once every 90 days after the date on which the facility administrator or designee develops the written plan, prepare a status report that documents:

o the education, programming, and other services provided to the child;

o behavioral compliance or incidents, if any;

o any measurable progress on identified rehabilitation goals during the preceding 90 days of detention; and

o any comments, observations, or recommendations related to the child's educational or rehabilitative needs.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5195 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced provided for the adopted education, programming, and services to be consistent with the applicable minimum standards adopted by the Texas Juvenile Justice Department, the substitute provides for them to be consistent with the applicable minimum standards adopted by the Texas Juvenile Justice Board.

The substitute specifies that the provisions in the introduced relating to a child's progress pending trial apply to progress on identified rehabilitation goals and that the required status report must document progress on those goals during the preceding 90 days of detention.