By Lucio S.B. No. 663
74R1371 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 delinquent conduct
1-13 other than delinquent conduct involving an act of violence;
1-14 (2) waives, under Section 51.09, the privilege against
1-15 self-incrimination and testifies under oath that the allegations
1-16 against the child are true;
1-17 (3) presents to the court an oral or written request
1-18 to attend a boot camp program, if a program is available;
1-19 (4) has not successfully completed a boot camp program
1-20 in the two years preceding the date the alleged conduct occurred;
1-21 and
1-22 (5) can reasonably be expected, as determined by the
1-23 court, to complete a boot camp program under this section.
1-24 (b) A child whose adjudication is deferred under this
2-1 section must successfully complete during the time the adjudication
2-2 is deferred a boot camp program that requires the child to
2-3 participate in strenuous labor. In addition, the court may require
2-4 the child to attend a program that will educate the child as to the
2-5 conditions under which inmates in the institutional division of the
2-6 Texas Department of Criminal Justice live.
2-7 (c) On the juvenile court's request, the Texas Youth
2-8 Commission shall provide the court with a list of suitable boot
2-9 camp programs for a child to attend, including pilot programs
2-10 established by the commission under Section 61.096, Human Resources
2-11 Code.
2-12 (d) If the Texas Youth Commission or the director of a boot
2-13 camp program determines that a child is not complying with the
2-14 rules of the program or that the child is medically or
2-15 psychologically unsuitable for the program, the child shall be
2-16 removed from the program and the juvenile court shall reassume
2-17 custody of the child to resume adjudication proceedings under
2-18 Section 54.03.
2-19 (e) The court shall dismiss a child's case with prejudice if
2-20 at the conclusion of the deferral period the child presents
2-21 satisfactory evidence that the child has successfully completed the
2-22 boot camp program.
2-23 (f) A case dismissed under this section may not be part of
2-24 the child's records for any purpose.
2-25 SECTION 2. Subchapter G, Chapter 61, Human Resources Code,
2-26 is amended by adding Section 61.096 to read as follows:
2-27 Sec. 61.096. PILOT BOOT CAMP PROGRAMS. (a) The commission
3-1 shall establish pilot boot camp programs to divert delinquent
3-2 children from the juvenile justice system. A program may be
3-3 located in a county that is one of two or more contiguous counties,
3-4 each of which has a population of not less than 200,000, or any
3-5 county contiguous to one of those counties.
3-6 (b) A child may participate in a program established under
3-7 this section if:
3-8 (1) the child was referred to a juvenile court for
3-9 delinquent conduct other than delinquent conduct involving an act
3-10 of violence; and
3-11 (2) the child is medically and psychologically capable
3-12 of participating in a program that requires strenuous labor.
3-13 (c) The programs shall provide:
3-14 (1) the opportunity for participants to perform
3-15 community service;
3-16 (2) vocational training;
3-17 (3) mental health services;
3-18 (4) counseling to prevent substance abuse;
3-19 (5) physical fitness training; and
3-20 (6) any other service that promotes confidence and the
3-21 positive self-esteem of its participants.
3-22 (d) In addition to the requirements of Subsection (c), the
3-23 commission shall cooperate with local school districts to provide
3-24 education services for children participating in the program.
3-25 (e) The commission shall establish guidelines for
3-26 encouraging children to successfully complete a program established
3-27 under this section.
4-1 (f) The commission may contract with authorities in counties
4-2 where a pilot program is or may be located for the operation of the
4-3 program.
4-4 (g) The commission shall use existing facilities, if
4-5 available, for the operation of a pilot program.
4-6 (h) The commission may accept gifts or grants from a public
4-7 or private source to carry out its duties under this section.
4-8 (i) The commission shall evaluate each pilot program
4-9 annually to determine whether the program is a useful method for
4-10 the rehabilitation of children. The commission shall report the
4-11 results of the pilot programs and make recommendations for proposed
4-12 legislation to the 75th Legislature not later than January 31,
4-13 1997. The report and recommendations shall address:
4-14 (1) the potential for and benefits of implementing
4-15 boot camp programs throughout the state; and
4-16 (2) the effect of the programs on the prevention of
4-17 delinquent conduct.
4-18 (j) This section expires September 1, 1997.
4-19 SECTION 3. (a) The change in law made by this Act regarding
4-20 the deferral of adjudication for a child applies only to the
4-21 adjudication of conduct that occurs on or after the effective date
4-22 of this Act. Conduct violating a penal law of the state occurs on
4-23 or after the effective date of this Act if every element of the
4-24 violation occurs on or after that date.
4-25 (b) Conduct that occurs before the effective date of this
4-26 Act is covered by the law in effect at the time the conduct
4-27 occurred, and the former law is continued in effect for that
5-1 purpose.
5-2 SECTION 4. This Act takes effect September 1, 1995.
5-3 SECTION 5. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.