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House Bill 3689 |
House Author: McClendon et al. |
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Effective: 6-19-09 |
Senate Sponsor: Hinojosa |
House Bill 3689 amends provisions of the Human Resources Code, Code of Criminal Procedure, Education Code, Family Code, and Health and Safety Code relating to the functions and continuation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) and to the functions of the Office of Independent Ombudsman for TYC. The bill continues TYC and TJPC until September 1, 2011, applies across-the-board sunset provisions to all three entities, prescribes the criteria on which the Sunset Advisory Commission is required to focus in reviewing those entities, and requires the ombudsman's office to be reviewed during the periods in which TYC is reviewed.
House Bill 3689 requires TYC to develop a comprehensive reentry and reintegration plan to reduce recidivism and ensure the successful reentry and reintegration of children into the community following a child's release from TYC, and requires the plan to provide for child assessments, programs and services that address the needs of committed and released children, and information sharing. The bill sets forth program requirements and authorizes TYC to contract and coordinate with private vendors, units of local governments, or other entities to implement the reentry and reintegration plan. The bill requires TYC to conduct research to determine whether the plan reduces recidivism rates and requires TYC to deliver, at specified intervals, a report of the results to the lieutenant governor, the speaker of the house of representatives, and appropriate legislative committees. It requires TYC to provide certain courts with information on a child's progress during TYC commitment.
House Bill 3689 requires TYC and the ombudsman's office to enter into a memorandum of understanding concerning sharing information and the procedures for handling overlapping monitoring duties and activities performed by each entity. The bill adds certain facilities to the investigative scope of the TYC office of inspector general and authorizes the special prosecution unit, on request of a district or county attorney, to assist in certain prosecutions concerning TYC, in addition to conducting such prosecutions as authorized under current law.
House Bill 3689 requires TYC to implement a comprehensive reading and behavior plan for students in TYC educational programs which must incorporate a reading plan that includes a battery of reading assessments that meet certain requirements and a positive social behavior plan that involves the adoption and evaluation of positive behavior supports. The bill sets forth provisions relating to the adoption, administration, and assessment of the comprehensive plan and requires TYC to report to the legislature by specified dates concerning the effectiveness and implementation of the separate plans.
House Bill 3689 changes the composition of TJPC while retaining the total number of members. The bill adds certain secure and nonsecure juvenile correctional facilities operated by or under contract with a governmental unit to the juvenile facilities for which TJPC must provide minimum standards, and requires TJPC, juvenile court judges, and juvenile boards to annually inspect each nonsecure juvenile correctional facility to determine whether the facility is suitable for the confinement of children. The bill includes provisions regarding the registration of nonsecure juvenile correctional facilities with TJPC and regarding the certification standards for persons employed in those facilities. The bill requires a juvenile probation department to complete a risk and needs assessment for each child under its jurisdiction and to report data from the assessment to TJPC. It requires TJPC to collect comprehensive data concerning the outcomes of local probation programs throughout Texas and to deliver a quarterly report beginning on January 1, 2010, on the final outcome of any complaint received concerning the abuse, neglect, or exploitation of a juvenile in any juvenile justice program or facility.
House Bill 3689 authorizes TJPC to contract with a local mental health and mental retardation authority possessing an unutilized or underutilized residential treatment facility to establish a residential treatment facility for juveniles with mental illness or emotional injury who are ordered to reside and receive education services at the facility as a condition of juvenile probation, prescribes requirements for such a facility in the provision of educational services, and requires the State Board of Education to grant a school charter to such a facility that provides adequate and sufficient educational opportunities and services to juveniles.
House Bill 3689 authorizes TJPC to revoke or suspend a juvenile probation officer's certification or reprimand a certified officer if a panel determines that the certification threatens juveniles in the juvenile justice system, and to place on probation a person whose certification is suspended. The bill requires TJPC, not later than September 1, 2010, to establish one or more basic probation services funding formulas and one or more community corrections funding formulas that must include each grant for which TJPC, on or before September 1, 2009, established an allocation formula.
House Bill 3689 requires the executive directors of TJPC and TYC to jointly appoint a strategic planning committee to develop the biennial coordinated strategic plan for the juvenile justice system provided by state law, sets forth the committee's membership, and adds to the list of information required to be included in the plan.
House Bill 3689 requires TJPC, TYC, various other state agencies, and local juvenile probation departments to adopt a memorandum of understanding to institute a continuity of care and service program for juveniles with mental impairments in the juvenile justice system to be coordinated and monitored by the Texas Correctional Office on Offenders with Medical or Mental Impairments.