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.