BILL ANALYSIS C.S.H.B. 2895 By: Longoria 05-02-95 Committee Report (Substituted) BACKGROUND Children are frequently arrested for misdemeanors, but receive little or no punishment. Most adults in the prison system have five or six misdemeanors on their record. This seems to be a common trend. By establishing regional juvenile "boot camps" for juveniles committing more than an arbitrary number of misdemeanors, a juvenile's criminal activity could possibly be stopped before the juvenile becomes a felon. PURPOSE To disengage juvenile offenders at the misdemeanor level rather than waiting until the juvenile commits a felony. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 54.04, Family Code, by amending Subsection (d) and adding Subsection (m) as follows: (d) Adds subsection (4) to provide that the court may commit a child to a boot camp program if the court or jury found at the conclusion of the adjudication hearing that the child: (A) engaged in conduct constituting a misdemeanor punishable by confinement in jail; (B) has at least two previous offenses of a misdemeanor punishable by confinement in jail; (C) has not successfully completed a boot camp program in the two years preceding the date the alleged conduct occurred; (D) can reasonably be expected to complete the boot camp program. (m) Requires the Texas Youth Commission, upon the request of a court, to provide the court with a list of suitable boot camp programs for a child to attend, including regional boot camp programs established by the Commission. SECTION 2: Amends Subchapter G, Chapter 61, Human Resources Code, by adding Section 61.096 as follows: Sec. 61.096. REGIONAL BOOT CAMP PROGRAMS. (a) Requires the commission to establish boot camps in various regions throughout the state to rehabilitate children who repeatedly engage in conduct constituting a misdemeanor. (b) Requires a child to participate in a program established under this section if the child is committed to a boot camp program under Section 54.04 (d)(4), Family Code. (c) Requires the programs to provide a highly structured military style setting; vocational training; substance abuse counseling; physical fitness training; and services that promote the well-being and the positive self-esteem of its participants. (d) Requires the commission to cooperate with local school districts to provide education services for children participating in the program. (e) Requires the commission to establish guidelines designed to enable a child to successfully complete a program established under this section. (f) Requires the commission to cooperate with authorities in counties where a boot camp program is or may be located for the operation of the program. (g) Requires the commission to use existing facilities, if available, for the operation of a boot camp program. (h) Allows the commission to accept gifts, grants, or matching funds to carry out its duties. SECTION 3: Makes the application of this Act prospective. SECTION 4: Effective date: September 1, 1995. SECTION 5: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute to H.B. 2895 strikes the language that would allow a youth to receive deferred adjudication for a misdemeanor offense. The substitute also deletes language that would give the adjudicated youth the option, by way of written request, to attend a juvenile boot camp by giving the presiding judge the exclusive right to sentence a youth to a juvenile boot camp. In addition, the committee substitute strikes language stating that the court shall dismiss the case if the child presents satisfactory evidence that the child has successfully completed the boot camp. SUMMARY OF COMMITTEE ACTION H.B. 2895 was considered by the Committee on Corrections in a public hearing on May 2, 1995. The Chair recognized Representative Longoria to explain the bill. The Chair recognized the following person to testify neutrally on the bill: Jay Lindgren, representing the Texas Youth Commission. The bill was left pending. Later in the hearing, the Chair laid out as pending business H.B. 2895. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 5 ayes, 0 nays, 0 pnv and 4 absent.