By Montford S.B. No. 639
74R3006 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the juvenile justice system, including the adjudication
1-3 and disposition of children; providing for penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 51, Family Code, is amended by adding
1-6 Section 51.031 to read as follows:
1-7 Sec. 51.031. SERIOUS AND HABITUAL CONDUCT. (a) Serious and
1-8 habitual conduct is conduct violating a penal law of the grade of
1-9 felony, other than a state jail felony, if:
1-10 (1) the child who engaged in the conduct has at least
1-11 two previous adjudications as having engaged in delinquent conduct
1-12 violating a penal law of the grade of felony; and
1-13 (2) each subsequent adjudication was for conduct that
1-14 occurred after the date of the previous adjudication.
1-15 (b) For purposes of this section, a previous adjudication
1-16 includes any adjudication, regardless of the disposition.
1-17 SECTION 2. Section 51.09(b), Family Code, as amended by
1-18 Chapters 429 and 593, Acts of the 72nd Legislature, Regular
1-19 Session, 1991, is conformed to Chapter 557, Acts of the 72nd
1-20 Legislature, Regular Session, 1991, and amended to read as follows:
1-21 (b) Notwithstanding any of the provisions of Subsection (a)
1-22 of this section, the statement of a child is admissible in evidence
1-23 in any future proceeding concerning the matter about which the
1-24 statement was given if:
2-1 (1) when the child is in a detention facility or other
2-2 place of confinement or in the custody of an officer, the statement
2-3 is made in writing and the statement shows that the child has at
2-4 some time prior to the making thereof received from a <for a term
2-25 not to exceed 40 years> if the child is found to have engaged in
2-26 serious and habitual conduct, alleged in a petition approved by a
2-27 grand jury, or is found to have engaged in delinquent conduct,
3-1 alleged in a petition approved by a grand jury, that included:
3-2 (i) murder;
3-3 (ii) capital murder;
3-4 (iii) aggravated kidnapping;
3-5 (iv) aggravated sexual assault;
3-6 (v) aggravated robbery;
3-7 (vi) aggravated assault <deadly assault on
3-8 a law enforcement officer, corrections officer, court participant,
3-9 or probation personnel>; <or>
3-10 (vii) manslaughter;
3-11 (viii) intoxication manslaughter;
3-12 (ix) injury to a child, elderly
3-13 individual, or disabled individual, if the conduct constitutes a
3-14 felony, other than a state jail felony; or
3-15 (x) <(vi)> attempted capital murder or
3-16 murder; and
3-17 (G) the statement must be signed in the presence
3-18 of a magistrate by the child with no law enforcement officer or
3-19 prosecuting attorney present, except that a magistrate may require
3-20 a bailiff or a law enforcement officer if a bailiff is not
3-21 available to be present if the magistrate determines that the
3-22 presence of the bailiff or law enforcement officer is necessary for
3-23 the personal safety of the magistrate or other court personnel,
3-24 provided that the bailiff or law enforcement officer may not carry
3-25 a weapon in the presence of the child. The magistrate must be
3-26 fully convinced that the child understands the nature and contents
3-27 of the statement and that the child is signing the same
4-1 voluntarily. If such a statement is taken, the magistrate shall
4-2 sign a written statement verifying the foregoing requisites have
4-3 been met.
4-4 The child must knowingly, intelligently, and voluntarily
4-5 waive these rights prior to and during the making of the statement
4-6 and sign the statement in the presence of a magistrate who must
4-7 certify that he has examined the child independent of any law
4-8 enforcement officer or prosecuting attorney, except as required to
4-9 ensure the personal safety of the magistrate or other court
4-10 personnel, and has determined that the child understands the nature
4-11 and contents of the statement and has knowingly, intelligently, and
4-12 voluntarily waived these rights.
4-13 (2) it be made orally and the child makes a statement
4-14 of facts or circumstances that are found to be true, which conduct
4-15 tends to establish his guilt, such as the finding of secreted or
4-16 stolen property, or the instrument with which he states the offense
4-17 was committed.
4-18 (3) the statement was res gestae of the delinquent
4-19 conduct or the conduct indicating a need for supervision or of the
4-20 arrest.
4-21 SECTION 3. Section 51.09(c), Family Code, as amended by
4-22 Chapters 429 and 557, Acts of the 72nd Legislature, Regular
4-23 Session, 1991, is reenacted to read as follows:
4-24 (c) A warning under Subsection (b)(1)(E) or Subsection
4-25 (b)(1)(F) of this section is required only when applicable to the
4-26 facts of the case. A failure to warn a child under Subsection
4-27 (b)(1)(E) of this section does not render a statement made by the
5-1 child inadmissible unless the child is transferred to a criminal
5-2 district court under Section 54.02 of this code. A failure to warn
5-3 a child under Subsection (b)(1)(F) of this section does not render
5-4 a statement made by the child inadmissible unless the state
5-5 proceeds against the child on a petition approved by a grand jury
5-6 under Section 53.045 of this code.
5-7 SECTION 4. Section 51.12, Family Code, is amended by adding
5-8 Subsection (f) to read as follows:
5-9 (f) A person who is 18 years of age or older and under the
5-10 jurisdiction of the juvenile court may be detained in or committed
5-11 to a compartment of a jail or lockup in which adults arrested for,
5-12 charged with, or convicted of crime are detained or committed.
5-13 SECTION 5. Chapter 53, Family Code, is amended by adding
5-14 Sections 53.011-53.012 to read as follows:
5-15 Sec. 53.011. DISPOSITION OF CHILD FOR WHOM PROBABLE CAUSE
5-16 EXISTS. If it is determined under Section 53.01 that the person
5-17 referred is a child and that there is probable cause to believe the
5-18 child engaged in delinquent conduct or conduct indicating a need
5-19 for supervision, the child shall be referred to the prosecuting
5-20 attorney or assigned appropriate sanctions as provided by Section
5-21 53.012.
5-22 Sec. 53.012. REFERRAL OF CHILD; REVIEW BY PROSECUTOR. (a)
5-23 A child who is alleged to have engaged in delinquent conduct that
5-24 constitutes a felony offense shall be promptly referred to the
5-25 prosecuting attorney with:
5-26 (1) each document relating to the referral; and
5-27 (2) a summary description of each previous referral of
6-1 the child to a juvenile court, juvenile probation department, or
6-2 juvenile detention facility.
6-3 (b) A child who is alleged to have engaged in delinquent
6-4 conduct that constitutes a misdemeanor offense or conduct
6-5 indicating a need for supervision shall be promptly:
6-6 (1) referred to the prosecuting attorney with the
6-7 documents required by Subsection (a); or
6-8 (2) assigned appropriate sanctions under Chapter 58.
6-9 (c) The prosecuting attorney shall promptly review the
6-10 circumstances and allegations of each referral under this section
6-11 to the prosecuting attorney for legal sufficiency and the
6-12 desirability of prosecution.
6-13 (d) If the prosecuting attorney does not file a petition
6-14 against a child referred to the prosecuting attorney, the
6-15 prosecuting attorney shall:
6-16 (1) terminate all proceedings, if the reason for not
6-17 filing a petition is lack of probable cause; or
6-18 (2) return the referral to the probation department
6-19 for assignment of appropriate sanctions under Chapter 58.
6-20 (e) The juvenile probation department shall promptly refer a
6-21 child who has been assigned a progressive sanction and who fails or
6-22 refuses to comply with the sanction to the prosecuting attorney for
6-23 review of the child's case and determination of whether to file a
6-24 petition.
6-25 SECTION 6. Sections 53.01(a) and (b), Family Code, are
6-26 amended to read as follows:
6-27 (a) On referral of a child or a child's case to the office
7-1 or official designated by the juvenile court, the intake officer,
7-2 probation officer, or other person authorized by the court shall
7-3 conduct a preliminary investigation to determine whether:
7-4 (1) the person referred to juvenile court is a child
7-5 within the meaning of this title; and
7-6 (2) there is probable cause to believe the child
7-7 engaged in delinquent conduct or conduct indicating a need for
7-8 supervision<; and>
7-9 <(3) further proceedings in the case are in the
7-10 interest of the child or the public>.
7-11 (b) If it is determined that the person is not a child<,> or
7-12 there is no probable cause<, or further proceedings are not
7-13 warranted>, the child shall immediately be released and proceedings
7-14 terminated.
7-15 SECTION 7. Section 53.03, Family Code, is amended to read as
7-16 follows:
7-17 Sec. 53.03. DEFERRED PROSECUTION <INTAKE CONFERENCE AND
7-18 ADJUSTMENT>. (a) If the preliminary investigation required by
7-19 Section 53.01 of this code results in a determination that further
7-20 proceedings in the case are authorized <and warranted>, the
7-21 probation officer or other designated officer of the court, subject
7-22 to the direction of the juvenile court, may advise the parties for
7-23 a reasonable period of time not to exceed six months concerning
7-24 deferred prosecution <an informal adjustment> and <voluntary>
7-25 rehabilitation of a child if:
7-26 (1) deferred prosecution <advice without a court
7-27 hearing> would be in the interest of the public and the child;
8-1 (2) the child and his parent, guardian, or custodian
8-2 consent with knowledge that consent is not obligatory; and
8-3 (3) the child and his parent, guardian, or custodian
8-4 are informed that they may terminate the deferred prosecution
8-5 <adjustment process> at any point and petition the court for a
8-6 court hearing in the case.
8-7 (b) Except as otherwise permitted by this title, the child
8-8 may not be detained during or as a result of the deferred
8-9 prosecution <adjustment> process.
8-10 (c) An incriminating statement made by a participant to the
8-11 person giving advice and in the discussions or conferences incident
8-12 thereto may not be used against the declarant in any court hearing.
8-13 (d) A deferred prosecution <An informal adjustment>
8-14 authorized by this section shall <may> involve:
8-15 (1) <voluntary> restitution by the child or his parent
8-16 to the victim of an offense if there is a victim of the offense; or
8-17 (2) <voluntary> community service restitution by the
8-18 child.
8-19 (e) The court may adopt a fee schedule for deferred
8-20 prosecution <informal adjustment> services and rules for the waiver
8-21 of a fee for financial hardship in accordance with guidelines that
8-22 the Texas Juvenile Probation Commission shall provide. The maximum
8-23 fee is $15 a month. If the court adopts a schedule and rules for
8-24 waiver, the probation officer or other designated officer of the
8-25 court shall collect the fee authorized by the schedule from the
8-26 parent, guardian, or custodian of a child for whom a deferred
8-27 prosecution <an informal adjustment> is authorized under this
9-1 section or waive the fee in accordance with the rules adopted by
9-2 the court. The officer shall deposit the fees received under this
9-3 section in the county treasury to the credit of a special fund that
9-4 may be used only for juvenile probation or community-based juvenile
9-5 corrections services or facilities in which a juvenile may be
9-6 required to live while under court supervision. If the court does
9-7 not adopt a schedule and rules for waiver, a fee for deferred
9-8 prosecution <informal adjustment> services may not be imposed.
9-9 SECTION 8. Section 53.04(d), Family Code, is amended to read
9-10 as follows:
9-11 (d) The petition must state:
9-12 (1) with reasonable particularity the time, place, and
9-13 manner of the acts alleged and the penal law or standard of conduct
9-14 allegedly violated by the acts;
9-15 (2) the name, age, and residence address, if known, of
9-16 the child who is the subject of the petition;
9-17 (3) the names and residence addresses, if known, of
9-18 the parent, guardian, or custodian of the child and of the child's
9-19 spouse, if any; <and>
9-20 (4) if the child's parent, guardian, or custodian does
9-21 not reside or cannot be found in the state, or if their places of
9-22 residence are unknown, the name and residence address of any known
9-23 adult relative residing in the county or, if there is none, the
9-24 name and residence address of the known adult relative residing
9-25 nearest to the location of the court; and
9-26 (5) if the child is alleged to have engaged in serious
9-27 and habitual conduct, the previous adjudications as having engaged
10-1 in conduct violating penal laws of the grade of felony.
10-2 SECTION 9. Section 53.045(a), Family Code, is amended to
10-3 read as follows:
10-4 (a) Except as provided by Subsection (e) of this section,
10-5 the prosecuting attorney may refer the petition to the grand jury
10-6 of the county in which the court in which the petition is filed
10-7 presides if the petition alleges that the child engaged in:
10-8 (1) delinquent conduct that included the violation of
10-9 any of the following provisions <of the Penal Code>:
10-10 (A) <(1)> Section 19.02, Penal Code (murder);
10-11 (B) <(2)> Section 19.03, Penal Code (capital
10-12 murder);
10-13 (C) <(3)> Section 20.04, Penal Code (aggravated
10-14 kidnapping);
10-15 (D) <(4)> Section 22.021, Penal Code (aggravated
10-16 sexual assault);
10-17 (E) <(5)> Section 22.02(a), Penal Code
10-18 (aggravated assault) <22.03 (deadly assault on a law enforcement
10-19 officer, corrections officer, or court participant)>; <or>
10-20 (F) <(6)> Section 29.03, Penal Code (aggravated
10-21 robbery);
10-22 (G) Section 19.04, Penal Code (manslaughter);
10-23 (H) Section 49.08, Penal Code (intoxication
10-24 manslaughter);
10-25 (I) Section 22.04, Penal Code (injury to a
10-26 child, elderly individual, or disabled individual), if the conduct
10-27 constitutes a felony, other than a state jail felony; or
11-1 (J) Section 15.01, Penal Code (criminal
11-2 attempt), if the offense attempted was an offense under Section
11-3 19.03, Penal Code (capital murder) or Section 19.02, Penal Code
11-4 (murder); or
11-5 (2) serious and habitual conduct.
11-6 SECTION 10. Section 54.04, Family Code, is amended by
11-7 amending Subsections (d) and (e) and adding Subsection (m) to read
11-8 as follows:
11-9 (d) If the court or jury makes the finding specified in
11-10 Subsection (c) of this section allowing the court to make a
11-11 disposition in the case:
11-12 (1) the court or jury may, in addition to any order
11-13 required or authorized under Section 54.041 or 54.042 of this code,
11-14 place the child on probation on such reasonable and lawful terms as
11-15 the court may determine:
11-16 (A) in the child's <his> own home or in the
11-17 custody of a relative or other fit person; or
11-18 (B) subject to the finding under Subsection (c)
11-19 of this section on the placement of the child outside the child's
11-20 home, in:
11-21 (i) a suitable foster home; or
11-22 (ii) a suitable public or private
11-23 institution or agency, except the Texas Youth Commission;
11-24 (2) if the court or jury found at the conclusion of
11-25 the adjudication hearing that the child engaged in delinquent
11-26 conduct and if the petition was not approved by the grand jury
11-27 under Section 53.045 of this code, the court may commit the child
12-1 to the Texas Youth Commission without a determinate sentence; or
12-2 (3) if the court or jury found at the conclusion of
12-3 the adjudication hearing that the child engaged in delinquent
12-4 conduct that included a violation of a penal law listed in Section
12-5 53.045(a) of this code and if the petition was approved by the
12-6 grand jury under Section 53.045 of this code, the court or jury may
12-7 sentence the child to commitment in the Texas Youth Commission with
12-8 a transfer to the institutional division of the Texas Department of
12-9 Criminal Justice for a <any> term of:
12-10 (A) not less than 10 years or more than 60
12-11 years, if the penal law violated is a capital felony;
12-12 (B) not less than three years or more than 40
12-13 years, if the penal law violated is a felony of the first degree;
12-14 (C) not less than two years or more than 20
12-15 years, if the penal law violated is a felony of the second degree;
12-16 or
12-17 (D) not less than one year or more than 10
12-18 years, if the penal law violated is a felony of the third degree
12-19 <of years not to exceed 40 years>.
12-20 (e) Except as provided by Section 61.067, Human Resources
12-21 Code, the <The> Texas Youth Commission shall accept a child
12-22 properly committed to it by a juvenile court even though the child
12-23 may be 17 years of age or older at the time of commitment.
12-24 (m) If a child is alleged in the petition to have engaged in
12-25 serious and habitual conduct, the evidence of previous
12-26 adjudications shall be admitted in the disposition hearing. For
12-27 the purposes of sentencing the child under Subsection (d)(3), the
13-1 adjudication found in the pending suit determines the
13-2 classification of the conduct.
13-3 SECTION 11. Sections 54.05(a) and (f), Family Code, are
13-4 amended to read as follows:
13-5 (a) Any disposition, including <except> a commitment to the
13-6 Texas Youth Commission if the commitment is returned to the
13-7 juvenile court under Section 61.067, Human Resources Code, may be
13-8 modified by the juvenile court as provided in this section until:
13-9 (1) the child reaches his 18th birthday; or
13-10 (2) the child is earlier discharged by the court or
13-11 operation of law.
13-12 (f) A disposition based on a finding that the child engaged
13-13 in delinquent conduct may be modified so as to commit the child to
13-14 the Texas Youth Commission if the court after a hearing to modify
13-15 disposition finds beyond a reasonable doubt that the child violated
13-16 a reasonable and lawful order of the court. A disposition based on
13-17 a finding that the child engaged in a delinquent conduct that
13-18 included a violation of a penal law listed in Section 53.045(a) of
13-19 this code may be modified to commit the child to the Texas Youth
13-20 Commission with a transfer to the institutional division of the
13-21 Texas Department of Criminal Justice for a definite term as
13-22 provided by Section 54.04(d)(3) <not to exceed 40 years> if the
13-23 original petition was approved by the grand jury under Section
13-24 53.045 of this code and if after a hearing to modify the
13-25 disposition the court or jury finds that the child violated a
13-26 reasonable and lawful order of the court.
13-27 SECTION 12. Sections 54.11(h), (i), and (j), Family Code,
14-1 are amended to read as follows:
14-2 (h) On or after the 16th birthday of a person who is in the
14-3 custody of the Texas Youth Commission, the commission may apply to
14-4 the original committing court for a hearing for the transfer of the
14-5 person to the institutional division of the Texas Department of
14-6 Criminal Justice <The release hearing on a person who is the
14-7 subject of a notice of transfer must be held before 30 days before
14-8 the person's 18th birthday>.
14-9 (i) On conclusion of the <release> hearing on a person who
14-10 is referred for transfer under Section 61.079(a), Human Resources
14-11 Code <the subject of a notice of transfer>, the court may order:
14-12 (1) the return <recommitment> of the person to the
14-13 Texas Youth Commission <without a determinate sentence>; or
14-14 (2) the transfer of the person to the custody of the
14-15 institutional division of the Texas Department of Criminal Justice
14-16 for the completion of the person's <determinate> sentence<; or>
14-17 <(3) the final discharge of the person>.
14-18 (j) On conclusion of the release hearing on a person who is
14-19 referred for release under supervision under Section 61.081(f),
14-20 Human Resources Code, the court may order the return of the person
14-21 to the Texas Youth Commission with or without approval for release
14-22 under supervision.
14-23 (k) In making a determination under this section for a
14-24 person who is referred for transfer or release, the court shall
14-25 <may> consider:
14-26 (1) the experiences and character of the person before
14-27 and after commitment to the youth commission;<,>
15-1 (2) the nature of the penal offense that the person
15-2 was found to have committed and the manner in which the offense was
15-3 committed;<,>
15-4 (3) the abilities of the person to contribute to
15-5 society;<,>
15-6 (4) the protection of the victim of the offense or any
15-7 member of the victim's family;<,>
15-8 (5) the recommendations of the youth commission and
15-9 prosecuting attorney;<,>
15-10 (6) the best interests of the person;<,>
15-11 (7) the education level of the person before and after
15-12 commitment to the youth commission;
15-13 (8) any trade or marketable skill learned by the
15-14 person;
15-15 (9) any violent behavior exhibited by the person while
15-16 in commitment;
15-17 (10) whether the person has resolved any substance
15-18 abuse problems identified by the court at the time of commitment;
15-19 (11) whether the person is capable of self-support
15-20 without resorting to criminal behavior; and
15-21 (12) any other factor relevant to the issue to be
15-22 decided.
15-23 SECTION 13. Chapter 54, Family Code, is amended by adding
15-24 Section 54.044 to read as follows:
15-25 Sec. 54.044. PLAN OF REHABILITATION. (a) A juvenile court
15-26 that commits a child to the Texas Youth Commission may direct the
15-27 juvenile probation department of the county in which the court is
16-1 located to prepare a complete list of any problems of the child
16-2 that should be addressed in a plan of rehabilitation. The court
16-3 may include the list with the commitment order.
16-4 (b) In addition to providing a list of problems of the
16-5 child, the probation department may:
16-6 (1) recommend the degree of security for the child
16-7 necessary to protect the public during the rehabilitation process;
16-8 (2) recommend ways to correct an educational
16-9 deficiency of the child to enable the child to read, write, and
16-10 make arithmetic computations at an appropriate level as determined
16-11 by psychological testing;
16-12 (3) recommend trade school training;
16-13 (4) recommend treatment in a residential facility to
16-14 correct problems detected by psychological or psychiatric testing;
16-15 (5) recommend treatment for alcohol, tobacco, or drug
16-16 abuse;
16-17 (6) recommend treatment to correct a habit of the
16-18 child that may adversely affect the rehabilitation process;
16-19 (7) recommend a program to rehabilitate the child's
16-20 family; or
16-21 (8) list observations of the probation officer that
16-22 may assist the Texas Youth Commission in the implementation of the
16-23 rehabilitation plan.
16-24 (c) For each child committed to the Texas Youth Commission,
16-25 the commission shall prepare a plan of rehabilitation and shall
16-26 consider the recommendations made and problems identified by the
16-27 probation department in the preparation of the plan. The
17-1 commission has the final authority for the creation and
17-2 implementation of the plan.
17-3 SECTION 14. Section 57.002, Family Code, is amended to read
17-4 as follows:
17-5 Sec. 57.002. VICTIM'S RIGHTS. A victim, guardian of a
17-6 victim, or close relative of a deceased victim is entitled to the
17-7 following rights within the juvenile justice system:
17-8 (1) the right to receive from law enforcement agencies
17-9 adequate protection from harm and threats of harm arising from
17-10 cooperation with prosecution efforts;
17-11 (2) the right to have the court or person appointed by
17-12 the court take the safety of the victim or the victim's family into
17-13 consideration as an element in determining whether the child should
17-14 be detained before the child's conduct is adjudicated;
17-15 (3) the right, if requested, to be informed of
17-16 relevant court proceedings and to be informed in a timely manner if
17-17 those court proceedings have been canceled or rescheduled;
17-18 (4) the right to be informed, when requested, by the
17-19 court or a person appointed by the court concerning the procedures
17-20 in the juvenile justice system, including general procedures
17-21 relating to the preliminary investigation and deferred prosecution
17-22 <informal adjustment> of a case;
17-23 (5) the right to provide pertinent information to a
17-24 juvenile court conducting a disposition hearing concerning the
17-25 impact of the offense on the victim and the victim's family by
17-26 testimony, written statement, or any other manner before the court
17-27 renders its disposition;
18-1 (6) the right to receive information regarding
18-2 compensation to victims as provided by the Crime Victims' <Victims>
18-3 Compensation Act (Section 56.31 et seq., Code of Criminal Procedure
18-4 <Article 8309-1, Vernon's Texas Civil Statutes>), including
18-5 information related to the costs that may be compensated under that
18-6 Act and the amount of compensation, eligibility for compensation,
18-7 and procedures for application for compensation under that Act, the
18-8 payment of medical expenses under Section 56.06, Code of Criminal
18-9 Procedure <Section 1, Chapter 299, Acts of the 63rd Legislature,
18-10 Regular Session, 1973 (Article 4447m, Vernon's Texas Civil
18-11 Statutes)>, for a victim of a sexual assault, and when requested,
18-12 to referral to available social service agencies that may offer
18-13 additional assistance;
18-14 (7) the right to be informed, upon request, of
18-15 procedures for release under supervision, to participate in the
18-16 release process, to be notified, if requested, of release
18-17 proceedings concerning the child, to provide to the Texas Youth
18-18 Commission for inclusion in the child's file information to be
18-19 considered by the commission before the release under supervision
18-20 of the child, and to be notified, if requested, of the child's
18-21 release;
18-22 (8) the right to be provided with a waiting area,
18-23 separate or secure from other witnesses, including the child
18-24 alleged to have committed the conduct and relatives of the child,
18-25 before testifying in any proceeding concerning the child, or, if a
18-26 separate waiting area is not available, other safeguards should be
18-27 taken to minimize the victim's contact with the child and the
19-1 child's relatives and witnesses, before and during court
19-2 proceedings;
19-3 (9) the right to prompt return of any property of the
19-4 victim that is held by a law enforcement agency or the attorney for
19-5 the state as evidence when the property is no longer required for
19-6 that purpose;
19-7 (10) the right to have the attorney for the state
19-8 notify the employer of the victim, if requested, of the necessity
19-9 of the victim's cooperation and testimony in a proceeding that may
19-10 necessitate the absence of the victim from work for good cause; and
19-11 (11) the right to be present at all public court
19-12 proceedings related to the conduct of the child, subject to the
19-13 approval of the court.
19-14 SECTION 15. Title 3, Family Code, is amended by adding
19-15 Chapter 58 to read as follows:
19-16 CHAPTER 58. PROGRESSIVE SANCTIONS GUIDELINES
19-17 Sec. 58.01. PURPOSES. The purposes of the progressive
19-18 sanctions guidelines are to:
19-19 (1) provide uniform and consistent standards regarding
19-20 the seriousness of the current offense, prior delinquent history,
19-21 special treatment or training needs, and effectiveness of prior
19-22 interventions to the disposition of each child's case;
19-23 (2) balance public protection, rehabilitation, and a
19-24 child's accountability;
19-25 (3) permit flexibility in the decisions made in
19-26 relation to the child to the extent allowed by law;
19-27 (4) consider the child's circumstances; and
20-1 (5) provide for uniform and consistent reporting of
20-2 disposition decisions at all levels to enable more effective
20-3 juvenile justice planning and resource allocation.
20-4 Sec. 58.02. SANCTION LEVEL ONE. (a) For a child at
20-5 sanction level one, the probation department shall:
20-6 (1) require counseling for the child regarding the
20-7 child's conduct;
20-8 (2) inform the child of the progressive sanctions that
20-9 may be imposed on the child if the child continues to engage in
20-10 delinquent conduct or conduct indicating a need for supervision;
20-11 (3) inform the child's parents or guardians of the
20-12 parents' or guardians' responsibility to impose reasonable
20-13 restrictions on the child to prevent the conduct from recurring;
20-14 (4) provide information or other assistance to the
20-15 child or the child's parents or guardians in securing needed social
20-16 services; and
20-17 (5) release the child to the child's parents or
20-18 guardians.
20-19 (b) The probation department shall discharge the child from
20-20 the custody of the probation department after the provisions of
20-21 this section are met.
20-22 Sec. 58.03. SANCTION LEVEL TWO. (a) For a child at
20-23 sanction level two, the probation department shall:
20-24 (1) place the child on probation for not less than
20-25 three months or more than six months;
20-26 (2) require the child to make restitution to the
20-27 victim of the child's conduct or perform community service
21-1 restitution appropriate to the nature and degree of harm caused;
21-2 (3) require the child's parents or guardians to
21-3 identify restrictions the parents or guardians will impose on the
21-4 child's activities and requirements the parents or guardians will
21-5 set for the child's behavior;
21-6 (4) provide the information required under Sections
21-7 58.02(2) and (4); and
21-8 (5) if appropriate, impose additional conditions of
21-9 probation.
21-10 (b) The probation department shall discharge the child from
21-11 the custody of the probation department on the date the provisions
21-12 of this section are met or on the child's 18th birthday, whichever
21-13 is earlier.
21-14 Sec. 58.04. SANCTION LEVEL THREE. (a) For a child at
21-15 sanction level three, the probation department shall:
21-16 (1) place the child on probation for not less than six
21-17 months;
21-18 (2) require the child to make restitution to the
21-19 victim of the child's conduct or perform community service
21-20 restitution appropriate to the nature and degree of harm caused;
21-21 (3) impose specific restrictions on the child's
21-22 activities and requirements for the child's behavior as conditions
21-23 of probation;
21-24 (4) require a probation officer to closely monitor the
21-25 child's activities and behavior;
21-26 (5) require the child and the child's parents or
21-27 guardians to participate in programs or services designated by the
22-1 court or probation officer; and
22-2 (6) if appropriate, impose additional conditions of
22-3 probation.
22-4 (b) The probation department shall discharge the child from
22-5 the custody of the probation department on the date the provisions
22-6 of this section are met or on the child's 18th birthday, whichever
22-7 is earlier.
22-8 Sec. 58.05. SANCTION LEVEL FOUR. (a) For a child at
22-9 sanction level four, the probation department shall:
22-10 (1) require the child to participate for not less than
22-11 three months in a highly intensive and regimented program that
22-12 emphasizes discipline, physical fitness, social responsibility, and
22-13 productive work;
22-14 (2) place the child on probation, after the release
22-15 from the program described by Subdivision (1), for not less than
22-16 six months or more than 12 months;
22-17 (3) impose highly structured restrictions on the
22-18 child's activities and requirements for behavior of the child as
22-19 conditions of probation;
22-20 (4) require a probation officer to closely monitor the
22-21 child;
22-22 (5) require the child and the child's parents or
22-23 guardians to participate in programs or services designed to
22-24 address their particular needs and circumstances; and
22-25 (6) if appropriate, impose additional sanctions.
22-26 (b) The probation department shall discharge the child from
22-27 the custody of the probation department on the date the provisions
23-1 of this section are met or on the child's 18th birthday, whichever
23-2 is earlier.
23-3 Sec. 58.06. SANCTION LEVEL FIVE. (a) For a child at
23-4 sanction level five, the probation department shall:
23-5 (1) require the child to participate for not less than
23-6 six months or more than 12 months in a highly structured
23-7 residential program that emphasizes discipline, accountability,
23-8 fitness, education and training, productive work, and good values;
23-9 (2) after participation in the program described by
23-10 Subdivision (1), place the child on probation for not less than six
23-11 months or more than 12 months;
23-12 (3) impose highly structured restrictions on the
23-13 child's activities and requirements for behavior of the child as
23-14 conditions of probation;
23-15 (4) require a probation officer to closely monitor the
23-16 child;
23-17 (5) require the child and the child's parents or
23-18 guardians to participate in programs or services designed to
23-19 address their particular needs and circumstances; and
23-20 (6) if appropriate, impose additional sanctions.
23-21 (b) The probation department shall discharge the child from
23-22 the custody of the probation department on the date the provisions
23-23 of this section are met or on the child's 18th birthday, whichever
23-24 is earlier.
23-25 Sec. 58.07. SANCTION LEVEL SIX. (a) For a child at
23-26 sanction level six, the juvenile court shall:
23-27 (1) commit the child to the custody of the Texas Youth
24-1 Commission for placement in a secure institution with a transfer of
24-2 the child to a highly structured residential program for a total of
24-3 not less than 12 months or more than 24 months;
24-4 (2) require the child and the child's parents or
24-5 guardians to participate in programs and services for their
24-6 particular needs and circumstances;
24-7 (3) if appropriate, impose additional sanctions.
24-8 (b) On release of the child on parole, the Texas Youth
24-9 Commission shall:
24-10 (1) impose highly structured restrictions on the
24-11 child's activities and requirements for behavior of the child as
24-12 conditions of release on parole;
24-13 (2) require a parole officer to closely monitor the
24-14 child for not less than three months; and
24-15 (3) if appropriate, impose any other conditions of
24-16 parole.
24-17 (c) The Texas Youth Commission may discharge the child from
24-18 the commission's custody on the date the provisions of this section
24-19 are met or on the child's 21st birthday, whichever is earlier.
24-20 Sec. 58.08. SANCTION LEVEL SEVEN. (a) For a child at
24-21 sanction level seven, the juvenile court shall:
24-22 (1) commit the child to the custody of the Texas Youth
24-23 Commission for placement in a secure institution with a transfer of
24-24 the child to a highly structured residential program for a total of
24-25 not less than 12 months or more than 10 years; and
24-26 (2) require the child and the child's parents or
24-27 guardians to participate in programs and services designed to
25-1 address their particular needs and circumstances.
25-2 (b) On release of the child on parole, the Texas Youth
25-3 Commission shall:
25-4 (1) impose highly structured restrictions on the
25-5 child's activities and requirements for behavior of the child as
25-6 conditions of release on parole;
25-7 (2) require a parole officer to closely monitor the
25-8 child for not less than three months; and
25-9 (3) if appropriate, impose any other conditions of
25-10 parole.
25-11 (c) The Texas Youth Commission may transfer the child to the
25-12 institutional division of the Texas Department of Criminal Justice
25-13 after the child is 16 years of age to complete the child's sentence
25-14 if the juvenile court approves the transfer under Section 54.11.
25-15 (d) If a person is in custody of the Texas Youth Commission
25-16 and has not completed the person's sentence before the person's
25-17 21st birthday, the commission shall parole the person on the
25-18 person's 21st birthday to the custody of the pardons and paroles
25-19 division of the Texas Department of Criminal Justice for the
25-20 remainder of the person's sentence under Section 29, Article 42.18,
25-21 Code of Criminal Procedure.
25-22 Sec. 58.09. SANCTION LEVEL ASSIGNMENT. (a) After a child's
25-23 first commission of delinquent conduct or conduct indicating a need
25-24 for supervision, the juvenile court or probation department may
25-25 assign a child one of the following sanction levels according to
25-26 the child's conduct:
25-27 (1) for conduct indicating a need for supervision,
26-1 other than a Class A or B misdemeanor, the sanction level is one;
26-2 (2) for a Class A or B misdemeanor, other than a
26-3 misdemeanor involving the use or possession of a firearm, the
26-4 sanction level is two;
26-5 (3) for a misdemeanor involving the use or possession
26-6 of a firearm or for a state jail felony or a felony of the third
26-7 degree, the sanction level is three;
26-8 (4) for a felony of the second degree, the sanction
26-9 level is four;
26-10 (5) for a felony of the first degree, other than a
26-11 felony involving the use of a firearm, the sanction level is five;
26-12 or
26-13 (6) for a felony of the first degree involving the use
26-14 of a firearm or for an aggravated felony, the sanction level is six
26-15 or seven.
26-16 (b) If the child's subsequent commission of delinquent
26-17 conduct or conduct indicating a need for supervision involves a
26-18 violation of a penal law of a classification that is the same as or
26-19 greater than the classification of the child's previous conduct,
26-20 the juvenile court or probation department shall assign the child a
26-21 sanction level that is at least one level higher than the
26-22 previously assigned sanction level, unless the previously assigned
26-23 sanction level is seven.
26-24 (c) If the child's previous sanction level is four or five
26-25 and the child's subsequent commission of delinquent conduct is of
26-26 the grade of felony, the juvenile court shall assign the child a
26-27 sanction level that is at least one level higher than the
27-1 previously assigned sanction level.
27-2 (d) In this section, "aggravated felony" means an offense
27-3 that is punishable by:
27-4 (1) a minimum term of confinement that is longer than
27-5 the minimum term of confinement for a felony of the first degree;
27-6 or
27-7 (2) a maximum fine that is greater than the maximum
27-8 fine for a felony of the first degree.
27-9 Sec. 58.10. DUTY OF JUVENILE BOARD. (a) A juvenile board
27-10 shall provide programs and services to enable implementation of
27-11 progressive sanctions guidelines for sanction levels one through
27-12 five.
27-13 (b) A juvenile board shall prepare a report to the Texas
27-14 Juvenile Probation Commission, at least quarterly on forms provided
27-15 by the commission, indicating the referrals, probation violations,
27-16 and commitments to the Texas Youth Commission that are handled
27-17 according to the progressive sanctions guidelines and the reasons
27-18 for deviations from the guidelines.
27-19 Sec. 58.11. REPORTS BY TEXAS JUVENILE PROBATION COMMISSION,
27-20 TEXAS YOUTH COMMISSION, AND CRIMINAL JUSTICE POLICY COUNCIL. (a)
27-21 The Texas Youth Commission shall prepare a report, at least
27-22 quarterly, indicating the commitments, placements, parole releases,
27-23 and revocations that are handled according to the progressive
27-24 sanction guidelines and the reasons for deviations from the
27-25 guidelines.
27-26 (b) The Texas Juvenile Probation Commission and the Texas
27-27 Youth Commission shall compile the information obtained under this
28-1 section and Section 58.10 and submit a joint report of the findings
28-2 at least annually to the governor and both houses of the
28-3 legislature indicating the primary reasons for deviations and the
28-4 impact of guideline implementation on recidivism.
28-5 (c) The Criminal Justice Policy Council shall analyze the
28-6 information compiled by the Texas Juvenile Probation Commission and
28-7 the Texas Youth Commission under this section and submit the
28-8 council's findings and recommendations at least annually to the
28-9 governor and both houses of the legislature.
28-10 SECTION 16. Subchapter D, Chapter 61, Human Resources Code,
28-11 is amended by adding Section 61.067 to read as follows:
28-12 Sec. 61.067. CRISIS POPULATION RELIEF. (a) In this
28-13 section, "targeted level" means the key performance target
28-14 established by the General Appropriations Act for the Texas
28-15 Juvenile Probation Commission for the number of new commitments
28-16 each month to the Texas Youth Commission.
28-17 (b) The commission shall return a child to the juvenile
28-18 court that entered the order of commitment for a modified
28-19 disposition under Section 54.05, Family Code, if the child is
28-20 committed to the commission after the statewide total of actual
28-21 commitments is:
28-22 (1) for any of the first six months of the state
28-23 fiscal year, more than 50 commitments over the targeted level; or
28-24 (2) at any point during the year, more than 100
28-25 commitments over the targeted level.
28-26 (c) If the conditions of Subsection (b)(1) or (2) exist, the
28-27 commission shall return children to the juvenile court in the
29-1 following order:
29-2 (1) a child whose sanction level assigned under
29-3 Section 58.09 is less than five;
29-4 (2) a child whose sanction level assigned under
29-5 Section 58.09 is five; and
29-6 (3) a child whose sanction level assigned under
29-7 Section 58.09 is six.
29-8 (d) This section does not apply to a child who is committed
29-9 to the commission for:
29-10 (1) delinquent conduct that included a violation of
29-11 any of the following provisions of the Penal Code:
29-12 (A) Section 19.02 (murder);
29-13 (B) Section 19.03 (capital murder);
29-14 (C) Section 20.04 (aggravated kidnapping);
29-15 (D) Section 22.021 (aggravated sexual assault);
29-16 (E) Section 29.03 (aggravated robbery);
29-17 (F) Section 22.02(a) (aggravated assault);
29-18 (G) Section 19.04 (manslaughter);
29-19 (H) Section 49.08 (intoxication manslaughter);
29-20 (I) Section 22.04 (injury to a child, elderly
29-21 individual, or disabled individual), if the offense is a felony,
29-22 other than a state jail felony; or
29-23 (J) Section 15.01 (criminal attempt), if the
29-24 offense attempted was under Section 19.03 (capital murder), or
29-25 Section 19.02 (murder); or
29-26 (2) serious and habitual conduct.
29-27 SECTION 17. Section 61.079, Human Resources Code, is amended
30-1 to read as follows:
30-2 Sec. 61.079. REFERRAL FOR REVIEW AND TRANSFER. (a) After
30-3 the 16th birthday and before the 21st birthday of <During the sixth
30-4 month before the month in which> a person committed to the
30-5 commission under Section 54.04(d)(3) or 54.05(f), Family Code <a
30-6 determinate sentence becomes 18 years old>, the commission may
30-7 apply <shall send> to the juvenile court that entered the order of
30-8 commitment for <a notice of> the person's transfer to the
30-9 institutional division of the Texas Department of Criminal Justice
30-10 <Corrections> if:
30-11 (1) the person has <will> not <have> completed the
30-12 sentence <before the person's 18th birthday>; and
30-13 (2) the person's performance, before or after the
30-14 person is released under supervision, indicates that the welfare of
30-15 the community requires the transfer <person has not been finally
30-16 released by the commission with the approval of the juvenile court
30-17 that entered the order of commitment>.
30-18 (b) The commission shall cooperate with the court on any
30-19 proceeding on the transfer <release> of a person.
30-20 SECTION 18. Section 61.081(f), Human Resources Code, is
30-21 amended to read as follows:
30-22 (f) If a child <under the age of 18> is committed to the
30-23 commission under <a determinate sentence under> Section 54.04(d)(3)
30-24 or Section 54.05(f), Family Code, the commission may not release
30-25 the child under supervision without approval of the juvenile court
30-26 that entered the order of commitment and unless the child has
30-27 served not less than:
31-1 (1) 10 years, if the child was committed for capital
31-2 murder;
31-3 (2) three years, if the child was committed for a
31-4 felony of the first degree;
31-5 (3) two years, if the child was committed for a felony
31-6 of the second degree;
31-7 (4) one year, if the child was committed for a felony
31-8 of the third degree. <The commission may request the approval of
31-9 the court under this section at any time.>
31-10 SECTION 19. Section 61.084, Human Resources Code, is amended
31-11 to read as follows:
31-12 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
31-13 provided by Subsections (b) and (c), if a person is committed to
31-14 the commission under <a determinate sentence under> Section
31-15 54.04(d)(3) or Section 54.05(f), Family Code, the commission may
31-16 not discharge the person from its custody <before the person's 18th
31-17 birthday without the approval of the juvenile court that entered
31-18 the order of commitment>.
31-19 (b) The commission shall discharge without a court hearing a
31-20 person committed to it <for a determinate sentence> under Section
31-21 54.04(d)(3) or Section 54.05(f), Family Code, who has not been
31-22 transferred to the Texas Department of Criminal Justice <or
31-23 discharged> under a court order on the date that the time spent by
31-24 the person in detention in connection with the committing case plus
31-25 the time spent at the Texas Youth Commission under the order of
31-26 commitment equals the period of the <determinate> sentence.
31-27 (c) The commission shall transfer to the institutional
32-1 division of the Texas Department of Criminal Justice a person who
32-2 is the subject of an order under Section 54.11(i)(2), Family Code,
32-3 transferring the person to the custody of the institutional
32-4 division of the Texas Department of Criminal Justice for the
32-5 completion of the person's <determinate> sentence.
32-6 (d) Except as provided by Subsection (e), the <The>
32-7 commission shall discharge from its custody a person not already
32-8 discharged <or transferred> on the person's 21st birthday.
32-9 (e) The commission shall transfer a person who was sentenced
32-10 to commitment under Section 54.04(d)(3) or 54.05(f), Family Code,
32-11 and who has not already been discharged or transferred to the
32-12 custody of the pardons and paroles division of the Texas Department
32-13 of Criminal Justice on the person's 21st birthday to serve the
32-14 remainder of the person's sentence on parole as provided by Section
32-15 29, Article 42.18, Code of Criminal Procedure.
32-16 SECTION 20. Section 61.093, Human Resources Code, is amended
32-17 by adding Subsection (c) to read as follows:
32-18 (c) A person who is arrested or taken into custody under
32-19 Subsection (a) of this section may be detained in any adult
32-20 detention facility if the person:
32-21 (1) is 18 years of age or older; and
32-22 (2) was committed to the commission under Title 3,
32-23 Family Code.
32-24 SECTION 21. Section 20, Article 42.18, Code of Criminal
32-25 Procedure, is amended to read as follows:
32-26 Sec. 20. INAPPLICABLE TO JUVENILES. (a) Except as provided
32-27 by Subsection (b) of this section, the <The> provisions of this
33-1 article shall not apply to parole from institutions for juveniles
33-2 or to temporary furloughs granted to an inmate by the institutional
33-3 division under Section 500.006, Government Code.
33-4 (b) The provisions of this article not in conflict with
33-5 Section 29 of this article apply to parole of a person from the
33-6 Texas Youth Commission under that section.
33-7 SECTION 22. Article 42.18, Code of Criminal Procedure, is
33-8 amended by adding Section 29 to read as follows:
33-9 Sec. 29. JUVENILE PAROLE. (a) Not later than the 90th day
33-10 before the date the Texas Youth Commission transfers a person to
33-11 the custody of the pardons and paroles division for release on
33-12 parole under Section 61.084(e), Human Resources Code, or Section
33-13 58.08, Family Code, the commission shall submit to the board all
33-14 pertinent information relating to the person, including:
33-15 (1) the juvenile court judgment, if available;
33-16 (2) the circumstances of the person's offense;
33-17 (3) the person's previous social history and juvenile
33-18 court records;
33-19 (4) the person's physical and mental health record;
33-20 (5) a record of the person's conduct, employment
33-21 history, and attitude while committed to the commission;
33-22 (6) a record of the sentence time served by the person
33-23 at the commission; and
33-24 (7) any written comments or information provided by
33-25 the commission, local officials, or victims of the offense.
33-26 (b) Before the release of the person on parole, a parole
33-27 panel shall review the person's records and may interview the
34-1 person or any other person the panel deems necessary to determine
34-2 the conditions of parole. The panel may impose any reasonable
34-3 condition of parole on the person that the panel may impose on an
34-4 adult prisoner under this article.
34-5 (c) The panel shall furnish the person with a contract
34-6 clearly describing the conditions and rules of parole. The person
34-7 must accept and sign the contract as a precondition to release on
34-8 parole.
34-9 (d) While on parole, the person remains in the legal custody
34-10 of the state and shall comply with the conditions of parole ordered
34-11 by a panel under this section.
34-12 (e) The period of parole for a person released to parole
34-13 under this section is the maximum term for which the person was
34-14 sentenced less calendar time actually served at the Texas Youth
34-15 Commission.
34-16 (f) If a parole panel revokes the person's parole, the panel
34-17 may require the person to serve the portion remaining of the
34-18 person's sentence in the institutional division. The remaining
34-19 portion of the person's sentence is calculated without credit for
34-20 the time from the date of the person's release to the date of
34-21 revocation. The panel may not recommit the person to the Texas
34-22 Youth Commission.
34-23 (g) For purposes of this article, a person released from the
34-24 Texas Youth Commission on parole under this section is deemed to
34-25 have been convicted of the offense for which the person has been
34-26 adjudicated.
34-27 SECTION 23. (a) This Act applies only to conduct violating
35-1 a penal law that occurs on or after the effective date of this Act.
35-2 For purposes of this section, conduct violating a penal law occurs
35-3 on or after the effective date of this Act if every element of the
35-4 violation occurs on or after that date.
35-5 (b) Conduct violating a penal law that occurs before the
35-6 effective date of this Act is covered by the law in effect when the
35-7 conduct occurred, and that law is continued in effect for this
35-8 purpose.
35-9 SECTION 24. This Act takes effect September 1, 1995.
35-10 SECTION 25. The importance of this legislation and the
35-11 crowded condition of the calendars in both houses create an
35-12 emergency and an imperative public necessity that the
35-13 constitutional rule requiring bills to be read on three several
35-14 days in each house be suspended, and this rule is hereby suspended.