CN C.S.H.B. 2073 75(R)BILL ANALYSIS

JUVENILE JUSTICE AND FAMILY ISSUES
C.S.H.B. 2073
4-8-97
Committee Report (Substituted)

BACKGROUND

The Texas Juvenile Probation Commission (TJPC) was created in 1981 by the
67th Legislature. TJPC is responsible for making probation services
available to juveniles throughout the state, improving the effectiveness
of juvenile probation services as an alternative to committing children to
the custody of the state, and improving communication among state and
local entities within the juvenile justice system.  In addition, TJPC
provides funding and technical assistance to local juvenile probation
departments.  TJPC carries out its programs and functions through a
nine-member Commission.  To carry out these programs, TJPC had a budget of
$103,372,401 and 41 employees for fiscal year 1996. 

TJPC is subject to the Sunset Act and will be abolished September 1, 1997
unless continued by the Legislature.  As a result of its review of TJPC,
the Sunset Advisory Commission recommended continuation and several
statutory modifications that are contained in this legislation. 

PURPOSE

The purpose of this bill is to continue TJPC for a 12-year period and make
statutory modifications recommended by the Sunset Advisory Commission.
The modifications proposed by this bill: 

-require TJPC to adopt and enforce specific information collection and
reporting requirements for local juvenile probation departments; 

-require establishment and use of sound performance-based contracting
practices for local juvenile probation and private provider services and
to monitor these contracts for compliance with financial and performance
requirements; 

-require TJPC to identify areas where federal Medicaid benefits could be
used cost effectively, provide technical assistance to local probation
departments in applying for Medicaid benefits, and monitor the extent to
which counties use Medicaid benefits; 

 -require juvenile probation departments to use a standard assessment tool
to assess and report information on children under the jurisdiction of
probation departments; and, 

-provide for other changes as recommended by the Sunset Commission.


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Juvenile Probation Commission in the following
section: SECTION 8, Section 141.0421(a), Human Resources Code (HRC).
SECTION 9, Section 141.054, HRC. 

In addition, under the general rulemaking authority already granted to the
policy making body, rules may be developed to implement other new
provisions found in this bill. 

 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 141.011(c), Human Resources Code.  Updates
standard language developed by the Sunset Commission regarding
qualifications for appointment to the commission.  Deletes the word
"handicap" and replaces it with "disability". 

SECTION 2.  Amends Section 141.012.  Updates commission's sunset review
date to 2009, providing for the usual 12-year review.  

SECTION 3.  Adds Section 141.0145. Requires the commission to complete one
course of training before assuming their duties and being confirmed by the
Senate. Allows a person appointed to the commission to be reimbursed for
travel expenses incurred in attending the training program. 

SECTION 4.  Amends Section 141.016(a).  Updates standard language
developed by the Sunset Commission requiring the Governor to designate the
presiding officer of the commission. 

SECTION 5.  Amends Section 141.017(a) and (c).  Updates standard language
developed by the Sunset Commission that defines the grounds for removing a
commission member and requires notification of the commission's chairman,
the Governor, and the Attorney General if knowledge that a potential
ground for removal exists. 

SECTION 6.  Amends Section 141.021(a)-(f). 

 (a)  Updates standard language developed by the Sunset Commission
requiring the separation of commission policy making responsibilities from
the management responsibilities of the director and staff of the
commission. 

 (b)  Updates standard language developed by the Sunset Commission
requiring the director or a designee to develop an intra-agency career
ladder program that addresses mobility and advancement opportunities for
employees within the commission. 

 (c)  Updates standard language developed by the Sunset Commission
requiring the director or a designee to develop a system of annual
performance evaluations based on documented employee performance. 

 (d)  Updates standard language developed by the Sunset Commission
requiring the director or a designee to provide to commission members and
employees information regarding their qualifications for office or
employment  

 (e)-(f)  Updates standard language developed by the Sunset Commission
requiring the director or a designee to develop an equal employment policy
that is annually updated, reviewed by the Texas Commission and Human
Rights, and filed with the Governor's Office. 

SECTION 7.  Amends Section 141.042(e).  Requires juvenile probation
departments to use a standard assessment tool developed or approved by the
commission for the initial assessment of children under the jurisdiction
of the departments.  Requires the departments to report results from the
use of the assessment tool to the commission. 

SECTION 8.  Adds Section 141.0421.  Requires the commission to adopt and
enforce specific information collection and reporting standards for local
juvenile probation departments. Requires the commission to adopt
performance measures and case management standards for all services
provided by local juvenile probation departments and to monitor for
compliance. Requires the commission to provide technical assistance to the
departments. 

SECTION 9.  Adds Sections 141.050, 141.051, 141.052, 141.053, and 141.054.

 Section 141.050.  Requires the commission to develop a performance-based
contracting  system for local probation services that establishes clearly
defined goals, sanctions, and reporting requirements.  Requires local
juvenile probation departments to use performance-based contracting with
private service providers that use state funds and to use performance data
when selecting providers to receive contracts. 

 Section 141.051.  Requires the commission to monitor their contracts with
local probation departments for compliance with performance requirements
and to evaluate cost information. 

 Section 141.052.  Requires the commission to identify areas where federal
Medicaid benefits could be used cost effectively, provide technical
assistance to local probation departments in applying for Medicaid
benefits, and monitor the extent to which counties use Medicaid benefits. 

 Section 141.053.  Adds standard language developed by the Sunset
Commission. Requires the commission to comply with state and federal
program and facility accessibility laws and to develop a plan that
describes how non-English speaking persons can be provided reasonable
access to the commission's programs. 

             Section 141.054. Provides for, and adds language specifying
those entities authorized to contract for the operation of correctional
facilities for out-of-state juvenile inmates. Includes rule making
authority for the commission to develop rules, procedures and minimum
standards applicable to county or private correctional facilities housing
out-of-state juvenile inmates.  

SECTION 10.  Specifies the effective date of the Act as September 1, 1997.

SECTION 11.  Emergency clause.

CJ H.B. 2073 75(R)

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute to H.B. 2073 clarifies in Section 3, HRC
141.0145(a), relating to the training of a potential commission member,
that a person is "eligible" to be a commission member, rather than stating
"Before a member of the commission may assume the member's duties..."
Also, in HRC 141.0145(b), adds language that the training will include
information on the enabling legislation that created the commission and
its "policy making body". Also, adds HRC 141.0145(c) where a person
appointed to the commission is entitled to reimbursement for travel
expenses incurred while attending the training program. 

Adds in Section 9, HRC 141.054, providing for, and adding language
specifying those entities authorized to contract for the operation of
correctional facilities for out-of-state juvenile inmates. Includes rule
making authority for the commission to develop rules, procedures and
minimum standards applicable to county or private correctional facilities
housing out-of-state juvenile inmates.  

Deletes original H.B. 2073 Section 10 relating to requirements that the
commission jointly, with the Texas Youth Commission, establish voluntary
county pilot programs to allow the pooling of state and local funds to
provide services to children in the juvenile justice system. The original
Section 10 also required county participation and distribution of state
funds for the pilot programs, the commission to adopt rules establishing
standards for administration and operation of the pilot programs, defined
criteria for use in calculating and distributing state funds available for
the pilot programs, and provided for reporting of the results of the pilot
programs. 

Deletes Section 11 relating to rule making authority for the
administration of the pilot programs and the time frames for establishment
of the pilot programs. 

Redesignate Sections accordingly.