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House Bill 2733 |
House Author: White |
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Effective: 9-1-13 |
Senate Sponsor: Whitmire |
House Bill 2733 amends the Government Code to entitle the Texas Juvenile Justice Department (TJJD) to obtain from the Department of Public Safety (DPS) criminal history record information maintained by DPS that relates to an applicant for or a holder of a certification from TJJD, a child committed to TJJD custody by a juvenile court, a person requesting visitation access to a TJJD facility, or any person as necessary to conduct an evaluation of the home to which a child is released under supervision by TJJD. The bill authorizes the release of that information to a juvenile board by which a certification applicant or holder is employed, requires TJJD to destroy that information relating to a certification applicant after certifying the person, and specifies that TJJD is not prohibited from disclosing criminal history record information obtained from DPS in a criminal proceeding or in a hearing conducted by TJJD. The bill establishes the confidentiality of certain personal information regarding a current or former employee of TJJD or TJJD's predecessors in function, a juvenile probation or detention officer certified by TJJD or those predecessors, and employees of a juvenile justice program or facility.
House Bill 2733 amends the Human Resources Code to include the director of state programs and facilities of TJJD or the director's designee on the advisory council on juvenile services and to revise deadlines for TJJD to report on its rehabilitation and reestablishment programs for children committed to TJJD and on matters concerning correctional facilities. The bill requires TJJD, rather than the executive director of TJJD, to review criminal history record information and previous and current employment references of certain persons working for TJJD facilities or with children in TJJD custody, and requires TJJD to review that information of each contractor or employee or subcontractor of a contractor who has direct access to children in TJJD facilities, rather than each contractor working for TJJD or in a facility owned by or under contract with TJJD. The bill authorizes TJJD to review criminal history record information of a person requesting visitation access to a TJJD facility or of any person as necessary to conduct an evaluation of the home to which a child is released under supervision by TJJD and prohibits TJJD from denying visitation access to an immediate family member of a child committed to TJJD based solely on a review of the family member's criminal history record information. If visitation access is denied or limited based in part on that review, TJJD must retain the information of the person for whom access is denied or limited until the applicable child is released from TJJD. The bill changes the deadline by which TJJD must report the results of recidivism-related research regarding TJJD's comprehensive reentry and reintegration plan and removes the term limit on the independent ombudsman appointed to investigate, evaluate, and secure the rights of children committed to TJJD.