By Oliveira                                           H.B. No. 1643
       74R3962 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of boot camp programs by the Texas
    1-3  Youth Commission and the participation in boot camp programs by
    1-4  certain juvenile offenders.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 54.04(d), Family Code, is amended to read
    1-7  as follows:
    1-8        (d)  If the court or jury makes the finding specified in
    1-9  Subsection (c) of this section allowing the court to make a
   1-10  disposition in the case:
   1-11              (1)  the court or jury may, in addition to any order
   1-12  required or authorized under Section 54.041 or 54.042 of this code,
   1-13  place the child on probation on such reasonable and lawful terms as
   1-14  the court may determine:
   1-15                    (A)  in his own home or in the custody of a
   1-16  relative or other fit person; or
   1-17                    (B)  subject to the finding under Subsection (c)
   1-18  of this section on the placement of the child outside the child's
   1-19  home, in:
   1-20                          (i)  a suitable foster home; <or>
   1-21                          (ii)  a suitable public or private
   1-22  institution or agency, except the Texas Youth Commission; or
   1-23                          (iii)  a boot camp program as provided by
   1-24  Section 54.044, if one is available in the area;
    2-1              (2)  if the court or jury found at the conclusion of
    2-2  the adjudication hearing that the child engaged in delinquent
    2-3  conduct and if the petition was not approved by the grand jury
    2-4  under Section 53.045 of this code, the court may commit the child
    2-5  to the Texas Youth Commission without a determinate sentence; or
    2-6              (3)  if the court or jury found at the conclusion of
    2-7  the adjudication hearing that the child engaged in delinquent
    2-8  conduct that included a violation of a penal law listed in Section
    2-9  53.045(a) of this code and if the petition was approved by the
   2-10  grand jury under Section 53.045 of this code, the court or jury may
   2-11  sentence the child to commitment in the Texas Youth Commission with
   2-12  a transfer to the institutional division of the Texas Department of
   2-13  Criminal Justice for any term of years not to exceed  40 years.
   2-14        SECTION 2.  Chapter 54, Family Code, is amended by adding
   2-15  Section 54.044 to read as follows:
   2-16        Sec. 54.044.  BOOT CAMP PROGRAM AS CONDITION OF PROBATION.
   2-17  (a)  A juvenile court, in a disposition under Section
   2-18  54.04(d)(1)(B)(iii), may order a child to complete a boot camp
   2-19  program as a condition of probation if the child:
   2-20              (1)  has been adjudicated for engaging in delinquent
   2-21  conduct other than delinquent conduct involving an act of violence;
   2-22              (2)  has not successfully completed a boot camp program
   2-23  in the two years preceding the date the delinquent conduct
   2-24  occurred; and
   2-25              (3)  can reasonably be expected, as determined by the
   2-26  court, to complete a boot camp program under this section.
   2-27        (b)  A child who is ordered to participate in a boot camp
    3-1  program under this section must successfully complete while on
    3-2  probation a boot camp program that requires the child to
    3-3  participate in strenuous labor.  In addition, the court may require
    3-4  the child to attend a program that will educate the child as to the
    3-5  conditions under which inmates in the institutional division of the
    3-6  Texas Department of Criminal Justice live.
    3-7        (c)  On the juvenile court's request, the Texas Youth
    3-8  Commission shall provide the court with a list of suitable boot
    3-9  camp programs for a child to attend, including pilot programs
   3-10  established by the commission under Section 61.0762, Human
   3-11  Resources Code.
   3-12        (d)  If the Texas Youth Commission or the director of a boot
   3-13  camp program determines that a child is not complying with the
   3-14  rules of the program or that the child is medically or
   3-15  psychologically unsuitable for the program, the child may be
   3-16  removed from the program and the juvenile court shall modify the
   3-17  child's disposition under Section 54.05.
   3-18        SECTION 3.  Subchapter E, Chapter 61, Human Resources Code,
   3-19  is amended by adding Section 61.0762 to read as follows:
   3-20        Sec. 61.0762.  PILOT BOOT CAMP PROGRAMS.  (a)  The commission
   3-21  shall establish pilot boot camp programs to divert delinquent
   3-22  children from the juvenile justice system.  A program may be
   3-23  located in a county that is one of two or more contiguous counties,
   3-24  each of which has a population of not less than 200,000, or any
   3-25  county contiguous to at least one of those counties.
   3-26        (b)  A child may participate in a program established under
   3-27  this section if:
    4-1              (1)  the child was adjudicated for engaging in
    4-2  delinquent conduct other than delinquent conduct involving an act
    4-3  of violence;
    4-4              (2)  a juvenile court has ordered the child to complete
    4-5  a boot camp program as a condition of probation in a disposition
    4-6  made under Section 54.04(d)(1)(B)(iii); and
    4-7              (3)  the child is medically and psychologically capable
    4-8  of participating in a program that requires strenuous labor.
    4-9        (c)  A program shall provide:
   4-10              (1)  a highly structured, military-style setting;
   4-11              (2)  vocational training;
   4-12              (3)  counseling to prevent substance abuse;
   4-13              (4)  physical fitness training;
   4-14              (5)  services that promote the reintegration of
   4-15  participants into the community; and
   4-16              (6)  any other service that promotes the well-being of
   4-17  its participants.
   4-18        (d)  In addition to the requirements of Subsection (c), the
   4-19  commission shall cooperate with local school districts  to provide
   4-20  education services for children participating in a program.
   4-21        (e)  The commission shall establish guidelines to enable a
   4-22  child to successfully complete a program established under this
   4-23  section.
   4-24        (f)  The commission shall cooperate with authorities in
   4-25  counties where a pilot program is or may be located for the
   4-26  operation of the program.
   4-27        (g)  The commission may accept gifts, grants, or matching
    5-1  funds from a public or private source to carry out the commission's
    5-2  duties under this section.
    5-3        (h)  The commission shall evaluate each pilot program
    5-4  established under this section annually to determine whether the
    5-5  program is a useful method for the rehabilitation of children.  The
    5-6  commission shall report the results of the evaluation of the pilot
    5-7  programs and make recommendations for proposed legislation to the
    5-8  75th Legislature not later than January 31, 1997.  The report and
    5-9  recommendations shall address:
   5-10              (1)  the potential for and benefits of implementing
   5-11  boot camp programs throughout the state; and
   5-12              (2)  the effect of the programs on the prevention of
   5-13  delinquent conduct.
   5-14        (i)  This section expires December 31, 1997.
   5-15        SECTION 4.  (a)  The change in law made by this Act applies
   5-16  only to a disposition made by a juvenile court for delinquent
   5-17  conduct that occurs on or after the effective date of this Act.
   5-18  Delinquent  conduct violating a penal law of the state occurs on or
   5-19  after the effective date of this Act if every element of the
   5-20  violation occurs on or after that date.
   5-21        (b)  Delinquent conduct that occurs before the effective date
   5-22  of this Act is covered by the law in effect at the time the conduct
   5-23  occurred, and the former law is continued in effect for that
   5-24  purpose.
   5-25        SECTION 5.  This Act takes effect September 1, 1995.
   5-26        SECTION 6.  The importance of this legislation and the
   5-27  crowded condition of the calendars in both houses create an
    6-1  emergency and an imperative public necessity that the
    6-2  constitutional rule requiring bills to be read on three several
    6-3  days in each house be suspended, and this rule is hereby suspended.