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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a youthful offender pilot court |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle K, Title 2, Government Code, is amended |
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by adding Chapter 127 to read as follows: |
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CHAPTER 127. YOUTHFUL OFFENDER PILOT COURT PROGRAM |
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Sec. 127.001. YOUTHFUL OFFENDER PILOT COURT PROGRAM; |
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PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youthful |
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offender pilot court program" means a program that has the |
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following essential characteristics: |
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(1) the integration of services in the processing of |
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cases in the judicial system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety and to |
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protect the due process rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to a continuum of counseling, mental |
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health, alcohol, controlled substance, and other related treatment |
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and rehabilitative services; |
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(5) careful monitoring of treatment and services |
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provided to program participants; |
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(6) a coordinated strategy to govern program responses |
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to participants' compliance; |
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(7) ongoing judicial interaction with program |
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participants; |
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(8) monitoring and evaluation of program goals and |
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effectiveness; |
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(9) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; |
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(10) development of partnerships with public agencies |
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and community organizations; and |
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(11) inclusion of a participant's family members who |
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agree to be involved in the treatment and services provided to the |
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participant under the program. |
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(b) If a defendant successfully completes a youthful |
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offender pilot court program, after notice to the attorney |
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representing the state and a hearing in the youthful offender pilot |
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court at which that court determines that a dismissal is in the best |
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interest of justice, the court in which the criminal case is pending |
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shall dismiss the case against the defendant. |
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Sec. 127.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
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(a) The commissioners court of a county may establish a youthful |
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offender pilot court program for persons arrested for or charged |
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with an offense that is punishable as a felony, other than an |
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offense listed in Article 42A.054(a), Code of Criminal Procedure. |
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(b) A defendant is eligible to participate in the youthful |
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offender pilot court program established under this chapter only if |
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the defendant was at least 17 years of age but younger than 22 years |
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of age at the time of the offense. |
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(c) The court in which the criminal case is pending shall |
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allow an eligible defendant to choose whether to proceed through |
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the youthful offender pilot court program or otherwise through the |
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criminal justice system. |
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Sec. 127.003. DUTIES OF YOUTHFUL OFFENDER PILOT COURT |
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PROGRAM. (a) A youthful offender pilot court program established |
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under this chapter must: |
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(1) ensure that a defendant eligible for participation |
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in the program is provided legal counsel before electing to proceed |
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through the program and while participating in the program; |
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(2) allow a participant to withdraw from the program |
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at any time before a trial on the merits has been initiated; and |
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(3) provide a participant with a court-ordered |
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individualized plan indicating the services that will be provided |
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to the participant. |
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(b) A youthful offender pilot court program established |
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under this chapter shall make, establish, and publish local |
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procedures to ensure maximum participation of eligible defendants |
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in the program. |
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(c) A youthful offender pilot court program may allow a |
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participant to comply with the participant's court-ordered |
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individualized plan or to fulfill certain other court obligations |
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through the use of videoconferencing software or other |
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Internet-based communications. |
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Sec. 127.004. REPORT. Not later than December 1, 2024, the |
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commissioners court of a county that establishes a youthful |
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offender pilot court program under this chapter shall submit a |
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report to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and the standing committees of the |
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legislature with primary jurisdiction over criminal justice |
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matters, regarding the effectiveness of the program at enhancing |
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judicial compliance and decreasing recidivism of youthful |
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offenders. The report must include the commissioners court's |
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recommendation on whether the program should be continued. |
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Sec. 127.005. EXPIRATION. This chapter expires September |
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1, 2025. |
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SECTION 2. This Act takes effect September 1, 2023. |