BILL ANALYSIS H.B. 2119 By: Place 04-11-95 Committee Report (Unamended) BACKGROUND Currently, Title 3, Family Code, authorizes a juvenile court, under certain circumstances, to place a child on probation outside the child's home in a foster home or other public or private agency except the Texas Youth Commission. There is a need to add intermediate sanction facilities established by the Texas Youth Commission as an alternative out-of-home placement for children on probation under certain conditions. PURPOSE As proposed, H.B. 2119 will change Title 3, Family Code, and Chapter 61, Human Resources Code, to authorize the Texas Youth Commission to establish or contract for the establishment of intermediate sanction facilities primarily for the use of children on probation. The facilities would serve children on probation who need a secure residential placement for a period of time, but whose level of delinquent conduct and previous involvement in probation programs would not yet warrant commitment to the Texas Youth Commission if such secure residential placements are available to the county as an alternative. Most counties are unable to establish such facilities cost-effectively themselves and the Texas Youth Commission has the expertise to do so. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 61, Human Resources Code, by adding Section 61.0386 as follows: Sec. 61.0386. INTERMEDIATE SANCTION FACILITIES. (a) Allows the Texas Youth Commission to establish, or to contract with another person to establish, one or more intermediate sanction facilities to provide secure residential care for children. (b) Allows the Commission to refuse acceptance of a child if it determines that the services and level of security at the facility are not appropriate for the child, or if space is not available. (c) Requires the commission to consider the extent to which the county, from which the child is to be placed, has exceeded targeted levels for annual commitments to the commission relative to other counties, when determining whether space is available in an ISF for a child on probation. (d) Authorizes the commission to return a child to the juvenile court at any time it determines that the services and level of security at the facility are not appropriate for the child; or the child's return is necessary to prevent overcrowding of the facility. (e) Authorizes the Texas Youth Commission to place a child who is committed to the commission in an intermediate sanction facility. (f) Provides that a child on probation who is placed by the court in the facility is not thereby committed to the Texas Youth Commission and may not be transferred by the commission to any other type of commission facility, other than a medical facility. SECTION 2. Amends Section 54.04(d), Family Code, to add subsection (1)(C) to authorize the juvenile court to place children, who are on probation for delinquent conduct, in an intermediate sanction facility established by the Texas Youth Commission, subject to the same requirements as other children placed outside of home. The placement is for a period not longer than one year. SECTION 3. Makes the application of the act prospective. SECTION 4. Emergency clause. Effective date. SUMMARY OF COMMITTEE ACTION H.B. 2119 was considered by the Committee on Corrections in a public hearing on April 11, 1995. The Chair recognized Representative Place to explain the bill. The Chair recognized the following person to testify neutrally on the bill: Steve Robinson, representing the Texas Youth Commission. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 9 ayes, 0 nays, 0 pnv, and 0 absent.