By Longoria H.B. No. 2895 74R5641 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 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. Chapter 54, Family Code, is amended by adding 1-7 Section 54.0321 to read as follows: 1-8 Sec. 54.0321. DEFERRAL OF ADJUDICATION AND DISMISSAL OF 1-9 CERTAIN CASES ON COMPLETION OF BOOT CAMP PROGRAM. (a) A juvenile 1-10 court may defer adjudication proceedings under Section 54.03 for 90 1-11 days if the child: 1-12 (1) is alleged to have engaged in conduct constituting 1-13 a misdemeanor punishable by confinement in jail; 1-14 (2) has on at least two previous occasions been 1-15 finally adjudicated for conduct constituting a misdemeanor 1-16 punishable by confinement in jail and at least one of the previous 1-17 final adjudications is for conduct that occurred after the date 1-18 another previous adjudication was rendered, if that adjudication 1-19 became final; 1-20 (3) waives, under Section 51.09, the privilege against 1-21 self-incrimination and testifies under oath that the allegations 1-22 against the child are true; 1-23 (4) presents to the court an oral or written request 1-24 to attend a boot camp program, if a program is available; 2-1 (5) has not successfully completed a boot camp program 2-2 in the two years preceding the date the alleged conduct occurred; 2-3 and 2-4 (6) can reasonably be expected, as determined by the 2-5 court, to complete a boot camp program under this section. 2-6 (b) A child whose adjudication is deferred under this 2-7 section must successfully complete during the time the adjudication 2-8 is deferred a boot camp program that requires the child to 2-9 participate in strenuous labor. In addition, the court may require 2-10 the child to attend a program that will educate the child as to the 2-11 conditions under which inmates in the institutional division of the 2-12 Texas Department of Criminal Justice live. 2-13 (c) On the juvenile court's request, the Texas Youth 2-14 Commission shall provide the court with a list of suitable boot 2-15 camp programs for a child to attend, including regional boot camp 2-16 programs established by the commission under Section 61.096, Human 2-17 Resources Code. 2-18 (d) If the Texas Youth Commission or the director of a boot 2-19 camp program determines that a child is not complying with the 2-20 rules of the program or that the child is medically or 2-21 psychologically unsuitable for the program, the child shall be 2-22 removed from the program and the juvenile court shall reassume 2-23 custody of the child to resume adjudication proceedings under 2-24 Section 54.03. 2-25 (e) The court shall dismiss a child's case with prejudice if 2-26 at the conclusion of the deferral period the child presents 2-27 satisfactory evidence that the child has successfully completed the 3-1 boot camp program. 3-2 SECTION 2. Subchapter G, Chapter 61, Human Resources Code, 3-3 is amended by adding Section 61.096 to read as follows: 3-4 Sec. 61.096. REGIONAL BOOT CAMP PROGRAMS. (a) The 3-5 commission shall establish boot camp programs in the various 3-6 regions of the state to rehabilitate children in the juvenile 3-7 justice system who repeatedly engage in conduct constituting a 3-8 misdemeanor. 3-9 (b) A child may participate in a program established under 3-10 this section if the child meets the criteria prescribed by Section 3-11 54.0321(a), Family Code. 3-12 (c) The programs shall provide: 3-13 (1) a highly structured, military-style setting; 3-14 (2) vocational training; 3-15 (3) counseling to prevent substance abuse; 3-16 (4) physical fitness training; and 3-17 (5) services that promote the well-being and the 3-18 positive self-esteem of its participants. 3-19 (d) In addition to the requirements of Subsection (c), the 3-20 commission shall cooperate with local school districts to provide 3-21 education services for children participating in the program. 3-22 (e) The commission shall establish guidelines designed to 3-23 enable a child to successfully complete a program established under 3-24 this section. 3-25 (f) The commission shall cooperate with authorities in 3-26 counties where a boot camp program is or may be located for the 3-27 operation of the program. 4-1 (g) The commission shall use existing facilities, if 4-2 available, for the operation of a boot camp program. 4-3 (h) The commission may accept gifts, grants, or matching 4-4 funds from a public or private source to carry out its duties under 4-5 this section. 4-6 SECTION 3. (a) The change in law made by this Act regarding 4-7 the deferral of adjudication for a child applies only to the 4-8 adjudication of conduct that occurs on or after the effective date 4-9 of this Act. Conduct violating a penal law of the state occurs on 4-10 or after the effective date of this Act if every element of the 4-11 violation occurs on or after that date. 4-12 (b) Conduct that occurs before the effective date of this 4-13 Act is covered by the law in effect at the time the conduct 4-14 occurred, and the former law is continued in effect for that 4-15 purpose. 4-16 SECTION 4. This Act takes effect September 1, 1995. 4-17 SECTION 5. The importance of this legislation and the 4-18 crowded condition of the calendars in both houses create an 4-19 emergency and an imperative public necessity that the 4-20 constitutional rule requiring bills to be read on three several 4-21 days in each house be suspended, and this rule is hereby suspended.