74R9554 DD-D
By Longoria H.B. No. 2895
Substitute the following for H.B. No. 2895:
By Culberson C.S.H.B. No. 2895
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 participation in boot camp programs by certain
1-4 juvenile offenders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 54.04, Family Code, is amended by
1-7 amending Subsection (d) and adding Subsection (m) to read as
1-8 follows:
1-9 (d) If the court or jury makes the finding specified in
1-10 Subsection (c) of this section allowing the court to make a
1-11 disposition in the case:
1-12 (1) the court or jury may, in addition to any order
1-13 required or authorized under Section 54.041 or 54.042 of this code,
1-14 place the child on probation on such reasonable and lawful terms as
1-15 the court may determine:
1-16 (A) in his own home or in the custody of a
1-17 relative or other fit person; or
1-18 (B) subject to the finding under Subsection (c)
1-19 of this section on the placement of the child outside the child's
1-20 home, in:
1-21 (i) a suitable foster home; or
1-22 (ii) a suitable public or private
1-23 institution or agency, except the Texas Youth Commission;
1-24 (2) if the court or jury found at the conclusion of
2-1 the adjudication hearing that the child engaged in delinquent
2-2 conduct and if the petition was not approved by the grand jury
2-3 under Section 53.045 of this code, the court may commit the child
2-4 to the Texas Youth Commission without a determinate sentence; <or>
2-5 (3) if the court or jury found at the conclusion of
2-6 the adjudication hearing that the child engaged in delinquent
2-7 conduct that included a violation of a penal law listed in Section
2-8 53.045(a) of this code and if the petition was approved by the
2-9 grand jury under Section 53.045 of this code, the court or jury may
2-10 sentence the child to commitment in the Texas Youth Commission with
2-11 a transfer to the institutional division of the Texas Department of
2-12 Criminal Justice for any term of years not to exceed 40 years; or
2-13 (4) the court may commit the child to a boot camp
2-14 program if the court or jury found at the conclusion of the
2-15 adjudication hearing that the child:
2-16 (A) engaged in conduct constituting a
2-17 misdemeanor punishable by confinement in jail;
2-18 (B) has on at least two previous occasions been
2-19 finally adjudicated for conduct constituting a misdemeanor
2-20 punishable by confinement in jail and at least one of the previous
2-21 final adjudications is for conduct that occurred after the date
2-22 another previous adjudication was rendered, if that adjudication
2-23 became final;
2-24 (C) has not successfully completed a boot camp
2-25 program in the two years preceding the date the alleged conduct
2-26 occurred; and
2-27 (D) can reasonably be expected, as determined by
3-1 the court, to complete a boot camp program.
3-2 (m) On the request of a court that makes a disposition under
3-3 Subsection (d)(4), the Texas Youth Commission shall provide the
3-4 court with a list of suitable boot camp programs for a child to
3-5 attend, including regional boot camp programs established by the
3-6 commission under Section 61.096, Human Resources Code.
3-7 SECTION 2. Subchapter G, Chapter 61, Human Resources Code,
3-8 is amended by adding Section 61.096 to read as follows:
3-9 Sec. 61.096. REGIONAL BOOT CAMP PROGRAMS. (a) The
3-10 commission shall establish boot camp programs in the various
3-11 regions of the state to rehabilitate children in the juvenile
3-12 justice system who repeatedly engage in conduct constituting a
3-13 misdemeanor.
3-14 (b) A child shall participate in a program established under
3-15 this section if the child is committed to a boot camp program under
3-16 Section 54.04(d)(4), Family Code.
3-17 (c) The programs shall provide:
3-18 (1) a highly structured, military-style setting;
3-19 (2) vocational training;
3-20 (3) counseling to prevent substance abuse;
3-21 (4) physical fitness training; and
3-22 (5) services that promote the well-being and the
3-23 positive self-esteem of program participants.
3-24 (d) In addition to the requirements of Subsection (c), the
3-25 commission shall cooperate with local school districts to provide
3-26 education services for children participating in a program.
3-27 (e) The commission shall establish guidelines designed to
4-1 enable a child to successfully complete a program established under
4-2 this section.
4-3 (f) The commission shall cooperate with authorities in
4-4 counties where a boot camp program is or may be located for the
4-5 operation of the program.
4-6 (g) The commission shall use existing facilities, if
4-7 available, for the operation of a boot camp program.
4-8 (h) The commission may accept gifts, grants, or matching
4-9 funds from a public or private source to carry out its duties under
4-10 this section.
4-11 SECTION 3. (a) The change in law made by this Act applies
4-12 only to conduct that occurs on or after the effective date of this
4-13 Act. Conduct violating a penal law of the state occurs on or after
4-14 the effective date of this Act if every element of the violation
4-15 occurs on or after that date.
4-16 (b) Conduct that occurs before the effective date of this
4-17 Act is covered by the law in effect at the time the conduct
4-18 occurred, and the former law is continued in effect for that
4-19 purpose.
4-20 SECTION 4. This Act takes effect September 1, 1995.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.