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Senate Bill 1727 |
Senate Author: Schwertner et al. |
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Effective: 9-1-23 |
House Sponsor: Canales et al. |
Senate Bill 1727 amends the Code of Criminal Procedure, Family Code, Government Code, and Human Resources Code to continue the Texas Juvenile Justice Board and the Texas Juvenile Justice Department (TJJD) until September 1, 2027, and to revise the laws governing those entities and TJJD's office of inspector general (OIG) and office of independent ombudsman (OIO). Among other provisions, the bill does the following:
· revises the board's composition and provides for the expiration of all current board members' terms;
· sets out specific qualifications for the TJJD executive director and strengthens board oversight duties;
· requires TJJD to track the frequency with which the executive director takes specified actions and to report that data to the board and the Sunset Advisory Commission;
· revises the composition and duties of the advisory council on juvenile services and requires the board to adopt certain rules regarding the advisory council's operation;
· authorizes the board to establish advisory committees and requires the establishment of a youth career and technical education advisory committee;
· requires TJJD and OIO to each adopt a policy prioritizing facility inspections based on risk and develop risk assessment tools for that purpose;
· requires TJJD to publish a statistical analysis of complaints received against certified officers;
· revises requirements for TJJD's regionalization plan and provides for biennial plan updates;
· authorizes the use of retrofitted adult facilities for the confinement of youth offenders;
· requires TJJD to partner with institutions of higher education to inventory and map resources available for children in the juvenile justice system;
· authorizes a juvenile probation department to house a child awaiting transfer to TJJD in a pre‑adjudication secure detention facility or a post‑adjudication secure correctional facility;
· revises eligibility requirements for juvenile probation officers and detention officers;
· authorizes the issuance of provisional certifications for employees of a juvenile probation department or a private facility that houses youth on probation;
· authorizes TJJD to incentivize county‑level diversion and collaboration through grantmaking;
· requires juvenile probation departments to apply for the placement of a child in a regional specialized program before a juvenile court commits the child to TJJD custody;
· requires TJJD to publish certain annual and quarterly data on children committed to TJJD;
· requires TJJD to place a child in the most restrictive setting appropriate as the child awaits an adjudication or prosecution for conduct constituting a first or second degree felony while in TJJD custody;
· requires TJJD to refer a determinate‑sentenced youth to their committing juvenile court for approval of a transfer to Texas Department of Criminal Justice confinement if they are convicted or adjudicated of certain high‑level offenses committed when they were at least 16 years old and in TJJD custody;
· revises provisions outlining the circumstances under which TJJD is authorized or required to disseminate juvenile justice information;
· entitles certain TJJD employees to compensatory time off for work performed on a holiday that falls on a weekend;
· updates the OIG statutes to align with current practice, requires legal sufficiency review of OIG investigations, and includes OIG in the scope of statutory provisions regarding law enforcement use of tracking equipment and access to communications;
· clarifies OIO's authority and duties in facilities operated by or contracted with a juvenile probation department or juvenile board; and
· requires TJJD and juvenile probation departments to notify OIO regarding private facilities with which they contract to place post‑adjudicated children.