By: Ellis S.B. No. 1205
A BILL TO BE ENTITLED
AN ACT
1-1 relating to provisions establishing a youth boot camp program for
1-2 juvenile offenders; prescribing a definition of "boot camp" and the
1-3 uses, purposes, and programmatic content for boot camps; and
1-4 providing for an evaluation of boot camps' effectiveness.
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 54.12 to read as follows:
1-8 Sec. 54.12. YOUTH BOOT CAMP PROGRAMS. (a) Youth boot camp
1-9 programs may be established, which shall be used for the following
1-10 purposes:
1-11 (1) as an alternative, for a period not to exceed two
1-12 years, to commitment to the Texas Youth Commission under Section
1-13 54.04, Family Code;
1-14 (2) as a penalty, for a period not to exceed 60 days,
1-15 for violating the conditions of probation as determined under
1-16 Section 54.04(d)(1), Family Code, or for violating the conditions
1-17 of parole as determined under Section 61.084, Human Resources Code;
1-18 and
1-19 (3) as mandatory commitment, for a period not to
1-20 exceed eight weeks, before an offender who is committed to the
1-21 Texas Youth Commission for an indeterminate sentence under Section
1-22 54.04, Family Code, enters the commission.
1-23 SECTION 2. Chapter 61, Human Resources Code, is amended by
2-1 adding Subchapter H to read as follows:
2-2 SUBCHAPTER H. YOUTH BOOT CAMP PROGRAM
2-3 Sec. 61.101. YOUTH BOOT CAMPS PROGRAMS. (a) The commission
2-4 shall establish a youth boot camp program for children committed to
2-5 its custody and may employ necessary personnel to operate the youth
2-6 boot camp.
2-7 (b) The commission, in consultation with the Juvenile
2-8 Probation Commission, shall develop a program of moral, academic,
2-9 vocational, physical, and correctional training and activities in
2-10 which a child committed to a youth boot camp under Section
2-11 54.12(a)(1), Family Code, is required to participate, and the
2-12 director shall conduct programs to educate the child as to the
2-13 conditions under which children committed to the Texas Youth
2-14 Commission and the institutional division of the Texas Department
2-15 of Criminal Justice live.
2-16 (c) The commission shall develop a program of physical and
2-17 correctional training and military-style discipline for children
2-18 committed to youth camps for violating the conditions of parole as
2-19 determined under Section 61.084, Human Resources Code, under
2-20 Section 54.12(a)(2), Family Code.
2-21 (d) The commission shall develop a program of physical and
2-22 correctional training and military-style discipline for children
2-23 committed to youth camps under Section 54.12(a)(3), Family Code.
2-24 (e) The commission shall adopt rules of conduct for children
2-25 participating in the program under this section.
3-1 Sec. 61.102. CONTRACTS WITH PRIVATE VENDORS. The commission
3-2 may contract with a private vendor for the financing, construction,
3-3 operation, or management of a youth boot camp. The commission may
3-4 not award a contract under this subsection unless the commission
3-5 requests proposals and receives a proposal that meets or exceeds,
3-6 in addition to requirements specified in the request for proposals,
3-7 the requirements specified in Section 61.103 of this code.
3-8 Sec. 61.103. ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
3-9 PRIVATE VENDORS. (a) Any contract entered into by the commission
3-10 with a private vendor for the financing, construction, operation,
3-11 maintenance, or management of a youth boot camp under Section
3-12 61.102 of this code must comply with the following requirements:
3-13 (1) A person proposing to enter into a contract with
3-14 the commission under this section must demonstrate the
3-15 qualifications and the operations and management experience to
3-16 carry out the terms of the contract.
3-17 (2) In addition to meeting the requirements specified
3-18 in the requests for proposals, a proposal must:
3-19 (A) provide for regular, on-site monitoring by
3-20 the commission;
3-21 (B) offer a level and quality of programs at
3-22 least equal to those provided by any other state-run youth boot
3-23 camp;
3-24 (C) permit the commission to terminate the
3-25 contract for cause, including as cause the failure of the private
4-1 vendor to meet the conditions required by this section and other
4-2 conditions required by the contract;
4-3 (D) if the proposal includes construction of a
4-4 facility, contain a performance bond approved by the commission
4-5 that is adequate and appropriate for the proposed contract;
4-6 (E) provide for assumption of liability by the
4-7 private vendor for all claims arising from the services performed
4-8 under the contract by the private vendor;
4-9 (F) provide for an adequate plan of insurance
4-10 for the private vendor and its officers, guards, employees, and
4-11 agents against all claims, including claims based on violations of
4-12 civil rights arising from the services performed under the contract
4-13 by the private vendor;
4-14 (G) provide for an adequate plan of insurance to
4-15 protect the commission against all claims arising from the services
4-16 performed under the contract by the private vendor and to protect
4-17 the commission from actions by a third party against the private
4-18 vendor, its officers, guards, employees, and agents as a result of
4-19 the contract;
4-20 (b) A private vendor operating under a contract authorized
4-21 by this subchapter may not claim sovereign immunity in a suit
4-22 arising from the services performed under the contract by the
4-23 private vendor. This subsection does not deprive the private
4-24 vendor or the commission of the benefit of any law limiting
4-25 exposure to liability, setting a limit on damages, or establishing
5-1 a defense to liability.
5-2 SECTION 3. Subchapter C, Chapter 141, Human Resources Code,
5-3 is amended by adding Section 141.0012 to read as follows:
5-4 Sec. 141.0012. YOUTH BOOT CAMP PROGRAMS. (a) The
5-5 commission shall establish a youth boot camp program for children
5-6 committed to its custody and may employ necessary personnel to
5-7 operate the youth boot camp.
5-8 (b) The commission shall develop a program of physical and
5-9 correctional training and military-style discipline for children
5-10 committed to youth boot camps for violating the conditions of
5-11 probation as determined under Section 54.04(2)(1), Family Code,
5-12 under Section 54.12(a)(2), Family Code.
5-13 (c) The commission shall adopt rules of conduct for children
5-14 participating in the program under this section.
5-15 Sec. 141.0013. CONTRACTS WITH PRIVATE VENDORS. The
5-16 commission may contract with a private vendor for the financing,
5-17 construction, operation, or management of a youth boot camp. The
5-18 commission may not award a contract under this subsection unless
5-19 the commission requests proposals and receives a proposal that
5-20 meets or exceeds, in addition to requirements specified in the
5-21 request for proposals, the requirements specified in Section
5-22 141.0014 of this code.
5-23 Sec. 141.0014. ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
5-24 PRIVATE VENDORS. (a) Any contract entered into by the commission
5-25 with a private vendor for the financing, construction, operation,
6-1 maintenance, or management of a youth boot camp under Section
6-2 61.102 of this code must comply with the following requirements:
6-3 (1) A person proposing to enter into a contract with
6-4 the commission under this section must demonstrate the
6-5 qualifications and the operations and management experience to
6-6 carry out the terms of the contract.
6-7 (2) In addition to meeting the requirements specified
6-8 in the requests for proposals, a proposal must:
6-9 (A) provide for regular, on-site monitoring by
6-10 the commission;
6-11 (B) offer a level and quality of programs at
6-12 least equal to those provided by any other state-run youth boot
6-13 camp;
6-14 (C) permit the commission to terminate the
6-15 contract for cause, including as cause the failure of the private
6-16 vendor to meet the conditions required by this section and other
6-17 conditions required by the contract;
6-18 (D) if the proposal includes construction of a
6-19 facility, contain a performance bond approved by the commission
6-20 that is adequate and appropriate for the proposed contract;
6-21 (E) provide for assumption of liability by the
6-22 private vendor for all claims arising from the services performed
6-23 under the contract by the private vendor;
6-24 (F) provide for an adequate plan of insurance
6-25 for the private vendor and its officers, guards, employees, and
7-1 agents against all claims, including claims based on violations of
7-2 civil rights arising from the services performed under the contract
7-3 by the private vendor;
7-4 (G) provide for an adequate plan of insurance to
7-5 protect the commission against all claims arising from the services
7-6 performed under the contract by the private vendor and to protect
7-7 the commission from actions by a third party against the private
7-8 vendor, its officers, guards, employees, and agents as a result of
7-9 the contract;
7-10 (b) A private vendor operating under a contract authorized
7-11 by this subchapter may not claim sovereign immunity in a suit
7-12 arising from the services performed under the contract by the
7-13 private vendor. This subsection does not deprive the private
7-14 vendor or the commission of the benefit of any law limiting
7-15 exposure to liability, setting a limit on damages, or establishing
7-16 a defense to liability.
7-17 SECTION 4. Subchapter A, Chapter 152, Human Resources Code,
7-18 is amended by adding Sections 152.011 and 152.012 to read as
7-19 follows:
7-20 Sec. 152.011. JUVENILE BOARD YOUTH BOOT CAMP; CONTRACTS WITH
7-21 PRIVATE VENDORS. (a) The juvenile board may establish a juvenile
7-22 board youth boot camp and employ necessary personnel to operate the
7-23 camp.
7-24 (b) The juvenile board may contract with a private vendor
7-25 for the financing, construction, operation, or management of a
8-1 youth boot camp in the same manner as the state. The juvenile
8-2 board may not award a contract under this subsection unless the
8-3 board requests proposals and receives a proposal that meets or
8-4 exceeds, in addition to requirements specified in the request for
8-5 proposals, the requirements specified in Section 141.014 of this
8-6 code.
8-7 (c) A juvenile board youth boot camp must offer a program
8-8 that complies with the requirements of the youth boot camps set
8-9 forth in Section 141.0012, Human Resources Code.
8-10 (d) If a juvenile board or its designee determines that a
8-11 child is not complying with the rules of conduct promulgated by the
8-12 commission or is medically or psychologically unsuitable for the
8-13 program, the board shall terminate the child's participation in the
8-14 program and request the sentencing court to reassume custody of the
8-15 child.
8-16 SECTION 5. Subsection (d), Section 54.04, Family Code, is
8-17 amended by the addition of Subdivision (2) to read as follows:
8-18 (d) If the court or jury makes the finding specified in
8-19 Subsection (c) of this section allowing the court to make a
8-20 disposition in the case:
8-21 (1) the court or jury may, in addition to any order
8-22 required or authorized under Section 54.041 or 54.042 of this code,
8-23 place the child on probation on such reasonable and lawful terms as
8-24 the court may determine:
8-25 (A) in his own home or in the custody of a
9-1 relative or other fit person; or
9-2 (B) subject to the finding under Subsection (c)
9-3 of this section on the placement of the child outside the child's
9-4 home, in:
9-5 (i) a suitable foster home; or
9-6 (ii) a suitable public or private
9-7 institution or agency, except the Texas Youth Commission;
9-8 (C) in a youth boot camp created under Section
9-9 141.0012, Human Resources Code.
9-10 (2) if the court or jury found at the conclusion of
9-11 the adjudication hearing that the child engaged in delinquent
9-12 conduct and if the petition was not approved by the grand jury
9-13 under Section 53.045 of this code, the court may:
9-14 (A) commit the child to a youth boot camp
9-15 program created under Section 61.101, Human Resources Code, for a
9-16 period not to exceed two years; or
9-17 (B) commit the child to the Texas Youth
9-18 Commission without a determinate sentence; or
9-19 (3) if the court or jury found at the conclusion of
9-20 the adjudication hearing that the child engaged in delinquent
9-21 conduct that included a violation of a penal law listed in Section
9-22 53.045(a) of this code and if the petition was approved by the
9-23 grand jury under Section 53.045 of this code, the court or jury may
9-24 sentence the child to commitment in the Texas Youth Commission with
9-25 a transfer to the institutional division of the Texas Department of
10-1 Criminal Justice for any term of years not to exceed 40 years.
10-2 Any child committed to the Texas Youth Commission for an
10-3 indeterminate sentence under Subdivision 2(B) shall first be
10-4 committed to a youth boot camp established under Section 61.101,
10-5 Human Resources Code, for a period not to exceed eight weeks.
10-6 SECTION 6. Subsections (f) and (h), Section 54.05, Family
10-7 Code, are amended to read as follows:
10-8 (f) A disposition based on a finding that the child engaged
10-9 in delinquent conduct may be modified so as to commit the child to
10-10 a youth boot camp created under Section 141.0012, Human Resources
10-11 Code, for a period not to exceed 90 days, <the Texas Youth
10-12 Commission> if the court after a hearing to modify disposition
10-13 finds beyond a reasonable doubt that the child violated a
10-14 reasonable and lawful order of the court. A disposition based on a
10-15 finding that the child engaged in <a> delinquent conduct that
10-16 included a violation of a penal law listed in Section 53.045(a) of
10-17 this code may be modified to commit the child to a youth boot camp
10-18 created under Section 61.101, Human Resources Code, for a period
10-19 not to exceed 90 days, or the Texas Youth Commission with a
10-20 transfer to the institutional division of the Texas Department of
10-21 Criminal Justice for a definite term not to exceed 40 years if the
10-22 original petition was approved by the grand jury under Section
10-23 53.045 of this code and if after a hearing to modify the
10-24 disposition the court or jury finds that the child violated a
10-25 reasonable and lawful order of the court.
11-1 (h) A hearing shall be held prior to commitment to a youth
11-2 boot camp <the Texas Youth Commission> as a modified disposition.
11-3 In other disposition modifications, the child and his parent,
11-4 guardian, guardian ad litem, or attorney may waive hearing in
11-5 accordance with Section 51.09 of this code. A child in jeopardy of
11-6 a sentence of a determinate term is entitled to a jury of 12
11-7 persons on the issues of the violation of the court's orders and
11-8 the sentence.
11-9 SECTION 7. Chapter 413, Government Code, is amended by
11-10 adding Section 413.022 to read as follows:
11-11 Sec. 413.022. EVALUATION OF THE YOUTH BOOT CAMP PROGRAMS.
11-12 (a) The policy council shall evaluate annually the effectiveness
11-13 of the youth boot camp programs.
11-14 (b) The policy council shall prepare and file a report with
11-15 the presiding officers of both houses of the legislature, the Texas
11-16 Juvenile Probation Commission, the Texas Youth Commission, and the
11-17 attorney general containing the council's findings and
11-18 recommendations under Subsection (a) of this section.
11-19 SECTION 8. SEVERABILITY. If any section, sentence, clause,
11-20 or part of this Act shall, for any reason, be held invalid, such
11-21 invalidity shall not affect the remaining portions of the Act, and
11-22 it is hereby declared to be the intention of this legislature to
11-23 have passed each section, sentence, clause, or part irrespective of
11-24 the fact that any other section, sentence, clause, or part may be
11-25 declared invalid.
12-1 SECTION 9. CRIMINAL OFFENSES OR VIOLATIONS. (a) The
12-2 changes in law made by this Act apply only to an offense committed
12-3 or a violation that occurs on or after the effective date of this
12-4 Act. For the purposes of this Act, an offense is committed or a
12-5 violation occurs before the effective date of this Act if any
12-6 element of the offense or violation occurs before that date.
12-7 (b) An offense committed or violation that occurs before the
12-8 effective date of this Act is covered by the law in effect when the
12-9 offense was committed or the violation occurred, and the former law
12-10 is continued in effect for this purpose.
12-11 SECTION 10. EFFECTIVE DATE. This Act takes effect on
12-12 September 1, 1995.
12-13 SECTION 11. EMERGENCY. The importance of this legislation
12-14 and the crowded condition of the calendars in both houses create an
12-15 emergency and an imperative public necessity that the
12-16 constitutional rule requiring bills to be read on three several
12-17 days in each house be suspended, and this rule is hereby suspended.