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.