Enrolled Bill Summary

Senate Bill 653	Senate Author:  Whitmire et al.
Effective:  See below	House Sponsor:  Madden et al.

Senate Bill 653 amends the Human Resources Code to abolish the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) and to transfer the duties of those agencies to the Texas Juvenile Justice Board and the Texas Juvenile Justice Department, as created by the bill. The bill makes the abolishment and transfer of duties effective December 1, 2011. The bill continues the board and the department until September 1, 2017, and specifies that the goal of the department is, among other priorities, to support a county-based continuum of effective interventions, supports, and services that reduce the need for commitment to state facilities. The bill establishes a transition team to coordinate and oversee, after September 1, 2011, and before December 1, 2011, the transition of services and facilities from TYC and TJPC to the department. The bill establishes an advisory council on juvenile services to assist the department in specified areas. Among other provisions, the bill:

·         requires the department to provide prevention and intervention services for at-risk youth who are six years of age or older and younger than 18 years of age and who are subject to compulsory school attendance or under the jurisdiction of the juvenile court and to the family of such an at-risk youth;

·         requires that criminal complaints initially referred to the office of the inspector general relating to juvenile probation programs, services, or facilities be sent to the appropriate local law enforcement agency; requires the board to establish by rule policies for the referral of noncriminal complaints; and requires the department to provide immediate notice to a local juvenile probation department of a complaint relating to the probation department's programs, services, or facilities;

·         requires the  department, if a complaint relates to a claim of abuse, neglect, or exploitation involving a local juvenile probation department, to provide to the probation department monthly updates on the status of the complaint and immediate updates regarding department decisions;

·         requires the department to ensure that its toll-free number for information concerning the abuse, neglect, or exploitation of children in the custody of the department or housed in a local probation facility be in operation and answered by staff 24 hours a day, every day of the year, and requires the department to share the complaints received on the toll-free number with the office of inspector general and the office of the independent ombudsman;

·         makes any statement made by a child and any mental health data obtained from the child during the administration of an initial risk and needs assessment instrument inadmissible against the child at any other hearing;

·         requires the department to encourage compliance with state and federal educational service standards and rights by facilitating interagency coordination and collaboration among juvenile probation departments, school districts, and the Texas Education Agency and by developing and supporting a plan to ensure continuity of education services to juvenile offenders;

·         authorizes the State Board of Education to grant a charter on the application of a detention, correctional, or residential facility established only for juvenile offenders; requires a local detention, correctional, or residential facility that applies for a charter to provide all educational opportunities and services that a school district is required under state or federal law to provide for students residing in the district through a charter school; and specifies that any charter schools so granted are in addition to the number of charter schools currently capped under state law;

·         requires the board to make its best effort to develop regularly updated performance measures of the effectiveness of programs and services on outcomes for youths, public safety, and victims; make those measures publicly available online; and use those measures in determining funding levels for programs and services;

·         requires the department to report annually to the governor and the legislature on the department's operations and the condition of probation services in the state during the previous year and to file a report accounting for all funds received and disbursed by the department during the preceding fiscal year;

·         expands the requirements for the initial examination of each child committed to the  department to include completing the examination and study of the child within three business days, requiring the study to include the child's sex offender and violent offense history, and requiring the department to develop a written treatment plan for the child that outlines the specialized treatment needs identified by the study, that makes recommendations for meeting the child's specialized treatment needs, and that makes an individually tailored statement of treatment goals, objectives, and timelines;

·         requires the  department to clearly explain to a child who is to be released on supervision from the department's custody the child's comprehensive reentry and reintegration plan and any conditions of supervision and to require such a child to acknowledge and sign a document containing any conditions of supervision;

·         expands the duties of the independent ombudsman to include reviewing reports received by the department relating to complaints regarding juvenile probation programs, services, or facilities; analyzing the data contained in the reports to identify trends in complaints; and reporting a possible standards violation by a local juvenile probation department to the appropriate division of the  department;

·         requires data compiled by a local juvenile probation department related to abuse, neglect, or exploitation of youth, or a complaint regarding juvenile probation  programs, that is required to be reported to the department or local juvenile probation board to be provided to the office of the independent ombudsman;

·         specifies that the board directs the department's inspector general and selects the chief inspector general;

·         clarifies the authority of the new department to accept gifts, grants, and donations; and

·         repeals provisions authorizing the establishment of a youth boot camp program for children in state custody.

In addition, Senate Bill 653 amends the Family Code to exempt the statewide juvenile information and case management system from provisions relating to statewide technology centers and amends other codes to make conforming changes. Except as otherwise provided, the bill is effective September 1, 2011.