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.