By Longoria H.B. No. 372
75R1034 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that certain juvenile offenders
1-3 participate in boot camp programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.13(d), Family Code, is amended to read
1-6 as follows:
1-7 (d) An adjudication under Section 54.03 that a child engaged
1-8 in conduct that constitutes a felony offense resulting in
1-9 commitment to the Texas Youth Commission under Section 54.04(d)(3),
1-10 (d)(4) [54.04(d)(2), (d)(3)], or (m) or 54.05(f) is a final felony
1-11 conviction only for the purposes of Sections 12.42(a)-(c) and (e),
1-12 Penal Code.
1-13 SECTION 2. Section 54.04(d), Family Code, is amended to read
1-14 as follows:
1-15 (d) If the court or jury makes the finding specified in
1-16 Subsection (c) [of this section] allowing the court to make a
1-17 disposition in the case:
1-18 (1) the court or jury may, in addition to any order
1-19 required or authorized under Section 54.041 or 54.042 [of this
1-20 code], place the child on probation on such reasonable and lawful
1-21 terms as the court may determine:
1-22 (A) in his own home or in the custody of a
1-23 relative or other fit person; or
1-24 (B) subject to the finding under Subsection (c)
2-1 [of this section] on the placement of the child outside the child's
2-2 home, in:
2-3 (i) a suitable foster home; or
2-4 (ii) a suitable public or private
2-5 institution or agency, except the Texas Youth Commission; [or]
2-6 (2) the court or jury may, in addition to any order
2-7 required or authorized under Section 54.041 or Section 54.042 and,
2-8 on such reasonable terms as the court may determine, place the
2-9 child on probation in an intermediate sanction facility operated
2-10 under Chapter 61, Human Resources Code, if:
2-11 (A) the child has been adjudicated for engaging
2-12 in delinquent conduct; and
2-13 (B) a [(C) after an adjudication that the child
2-14 engaged in delinquent conduct and subject to the] finding has been
2-15 made under Subsection (c) on the placement of the child outside the
2-16 child's home[, in an intermediate sanction facility operated under
2-17 Chapter 61, Human Resources Code];
2-18 (3) [(2)] if the court or jury found at the conclusion
2-19 of the adjudication hearing that the child engaged in delinquent
2-20 conduct and if the petition was not approved by the grand jury
2-21 under Section 53.045 [of this code], the court may commit the child
2-22 to the Texas Youth Commission without a determinate sentence;
2-23 (4) [(3)] if the court or jury found at the conclusion
2-24 of the adjudication hearing that the child engaged in delinquent
2-25 conduct that included a violation of a penal law listed in Section
2-26 53.045(a) [of this code] and if the petition was approved by the
2-27 grand jury under Section 53.045 [of this code], the court or jury
3-1 may sentence the child to commitment in the Texas Youth Commission
3-2 with a possible transfer to the institutional division or the
3-3 pardons and paroles division of the Texas Department of Criminal
3-4 Justice for a term of:
3-5 (A) not more than 40 years if the conduct
3-6 constitutes:
3-7 (i) a capital felony;
3-8 (ii) a felony of the first degree; or
3-9 (iii) an aggravated controlled substance
3-10 felony;
3-11 (B) not more than 20 years if the conduct
3-12 constitutes a felony of the second degree; or
3-13 (C) not more than 10 years if the conduct
3-14 constitutes a felony of the third degree;
3-15 (5) [(4)] the court may assign the child an
3-16 appropriate sanction level and sanctions as provided by the
3-17 assignment guidelines in Section 59.003; [or]
3-18 (6) [(5)] if applicable, the court or jury may make a
3-19 disposition under Subsection (m); or [of this section]
3-20 (7) the court shall commit the child to an
3-21 intermediate sanction facility under Chapter 61, Human Resources
3-22 Code, if the court or jury found at the conclusion of the
3-23 adjudication hearing that the child:
3-24 (A) engaged in conduct constituting a
3-25 misdemeanor punishable by confinement in jail;
3-26 (B) has on at least one previous occasion been
3-27 finally adjudicated for conduct constituting a misdemeanor
4-1 punishable by confinement in jail;
4-2 (C) has not been placed in an intermediate
4-3 sanction facility in the two years preceding the date the alleged
4-4 conduct occurred; and
4-5 (D) can reasonably be expected, as determined by
4-6 the court, to complete a program at an intermediate sanction
4-7 facility.
4-8 SECTION 3. Section 54.05(f), Family Code, is amended to read
4-9 as follows:
4-10 (f) A disposition based on a finding that the child engaged
4-11 in delinquent conduct may be modified so as to commit the child to
4-12 the Texas Youth Commission if the court after a hearing to modify
4-13 disposition finds by a preponderance of the evidence that the child
4-14 violated a reasonable and lawful order of the court. A disposition
4-15 based on a finding that the child engaged in habitual felony
4-16 conduct as described by Section 51.031 [of this code] or in
4-17 delinquent conduct that included a violation of a penal law listed
4-18 in Section 53.045(a) [of this code] may be modified to commit the
4-19 child to the Texas Youth Commission with a possible transfer to the
4-20 institutional division or the pardons and paroles division of the
4-21 Texas Department of Criminal Justice for a definite term prescribed
4-22 by Section 54.04(d)(4) [54.04(d)(3) of this code] if the original
4-23 petition was approved by the grand jury under Section 53.045 [of
4-24 this code] and if after a hearing to modify the disposition the
4-25 court or jury finds that the child violated a reasonable and lawful
4-26 order of the court.
4-27 SECTION 4. Section 54.061(a), Family Code, is amended to
5-1 read as follows:
5-2 (a) If a child is placed on probation under Section
5-3 54.04(d)(1) or (d)(2) [of this code], the juvenile court, after
5-4 giving the child, parent, or other person responsible for the
5-5 child's support a reasonable opportunity to be heard, shall order
5-6 the child, parent, or other person, if financially able to do so,
5-7 to pay to the court a fee of not more than $15 a month during the
5-8 period that the child continues on probation.
5-9 SECTION 5. Section 54.11(a), Family Code, is amended to read
5-10 as follows:
5-11 (a) On receipt of a referral under Section 61.079(a), Human
5-12 Resources Code, for the transfer to the institutional division of
5-13 the Texas Department of Criminal Justice of a person committed to
5-14 the Texas Youth Commission under Section 54.04(d)(4) [54.04(d)(3)],
5-15 54.04(m), or 54.05(f), or on receipt of a request by the commission
5-16 under Section 61.081(g), Human Resources Code, for approval of the
5-17 release under supervision of a person committed to the commission
5-18 under Section 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f), the
5-19 court shall set a time and place for a hearing on the release of
5-20 the person.
5-21 SECTION 6. Section 59.010(a), Family Code, is amended to
5-22 read as follows:
5-23 (a) For a child at sanction level seven, the juvenile court
5-24 shall sentence the child to commitment to the Texas Youth
5-25 Commission under Section 54.04(d)(4) [54.04(d)(3)], 54.04(m), or
5-26 54.05(f). The commission may:
5-27 (1) require the child to participate in a highly
6-1 structured residential program that emphasizes discipline,
6-2 accountability, fitness, training, and productive work for not less
6-3 than 12 months or more than 10 years unless the commission extends
6-4 the period and the reason for the extension is documented;
6-5 (2) require the child to make restitution to the
6-6 victim of the child's conduct or perform community service
6-7 restitution appropriate to the nature and degree of harm caused and
6-8 according to the child's ability, if there is a victim of the
6-9 child's conduct;
6-10 (3) require the child and the child's parents or
6-11 guardians to participate in programs and services for their
6-12 particular needs and circumstances; and
6-13 (4) impose any other appropriate sanction.
6-14 SECTION 7. Sections 61.0386(b)-(e), Human Resources Code,
6-15 are amended to read as follows:
6-16 (b) The commission may refuse to accept a child proposed to
6-17 be placed in an intermediate sanction facility under Section
6-18 54.04(d)(2) [54.04(d)(1)(C)], Family Code, if:
6-19 (1) the commission determines that the services and
6-20 level of security at the facility are not appropriate for the
6-21 child; or
6-22 (2) space for the child is not available.
6-23 (c) The commission shall give priority to the placement of a
6-24 child in an intermediate sanction facility if the child has been
6-25 committed to an intermediate sanction facility by a court under
6-26 Section 54.04(d)(7), Family Code.
6-27 (d) In determining whether space is available in an
7-1 intermediate sanction facility for a child on probation, the
7-2 commission shall consider the extent the county from which the
7-3 child is to be placed, in comparison to other counties, has
7-4 exceeded targeted levels for annual commitments to the commission
7-5 without relying on placements in an intermediate sanction facility.
7-6 (e) [(d)] The commission may return to the juvenile court a
7-7 child who is placed [on probation] in an intermediate sanction
7-8 facility at any time the commission determines that:
7-9 (1) the services and level of security at the facility
7-10 are not appropriate for the child; or
7-11 (2) the child's return is necessary to prevent
7-12 overcrowding of the facility.
7-13 (f) [(e)] The placement of a child in an intermediate
7-14 sanction facility under Section 54.04(d)(2) or Section 54.04(d)(7)
7-15 [54.04(d)(1)], Family Code, is not a commitment to the commission,
7-16 and the child may not be transferred by the commission to, or be a
7-17 resident of, any other type of commission facility other than a
7-18 medical facility.
7-19 SECTION 8. Section 61.079(a), Human Resources Code, is
7-20 amended to read as follows:
7-21 (a) After a child sentenced to commitment under Section
7-22 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f), Family Code,
7-23 becomes 16 years of age but before the child becomes 21 years of
7-24 age, the commission may refer the child to the juvenile court that
7-25 entered the order of commitment for approval of the child's
7-26 transfer to the institutional division of the Texas Department of
7-27 Criminal Justice if:
8-1 (1) the child has not completed the sentence; and
8-2 (2) the child's conduct, regardless of whether the
8-3 child was released under supervision under Section 61.081,
8-4 indicates that the welfare of the community requires the transfer.
8-5 SECTION 9. Section 61.081(f), Human Resources Code, is
8-6 amended to read as follows:
8-7 (f) If a child is committed to the commission under a
8-8 determinate sentence under Section 54.04(d)(4) [54.04(d)(3)],
8-9 Section 54.04(m), or Section 54.05(f), Family Code, the commission
8-10 may not release the child under supervision without approval of the
8-11 juvenile court that entered the order of commitment unless the
8-12 child has served at least:
8-13 (1) 10 years, if the child was sentenced to commitment
8-14 for conduct constituting capital murder;
8-15 (2) 3 years, if the child was sentenced to commitment
8-16 for conduct constituting an aggravated controlled substance felony
8-17 or a felony of the first degree;
8-18 (3) 2 years, if the child was sentenced to commitment
8-19 for conduct constituting a felony of the second degree; or
8-20 (4) 1 year, if the child was sentenced to commitment
8-21 for conduct constituting a felony of the third degree.
8-22 SECTION 10. Sections 61.084(a), (b), (d), (f), and (g),
8-23 Human Resources Code, are amended to read as follows:
8-24 (a) Except as provided by Subsections (b) and (c), if a
8-25 person is committed to the commission under a determinate sentence
8-26 under Section 54.04(d)(4) [54.04(d)(3)], Section 54.04(m), or
8-27 Section 54.05(f), Family Code, the commission may not discharge the
9-1 person from its custody.
9-2 (b) The commission shall discharge without a court hearing a
9-3 person committed to it for a determinate sentence under Section
9-4 54.04(d)(4) [54.04(d)(3)], Section 54.04(m), or Section 54.05(f),
9-5 Family Code, who has not been transferred to the institutional
9-6 division of the Texas Department of Criminal Justice under a court
9-7 order on the date that the time spent by the person in detention in
9-8 connection with the committing case plus the time spent at the
9-9 Texas Youth Commission under the order of commitment equals the
9-10 period of the sentence.
9-11 (d) The commission shall transfer a person sentenced under a
9-12 determinate sentence to commitment under Section 54.04(d)(4)
9-13 [54.04(d)(3)], 54.04(m), or 54.05(f), Family Code, for delinquent
9-14 conduct constituting the offense of capital murder to the
9-15 institutional division of the Texas Department of Criminal Justice
9-16 on the person's 21st birthday to serve the remainder of the
9-17 sentence if the person has not:
9-18 (1) served at least 10 years of the person's sentence;
9-19 or
9-20 (2) been transferred or released under supervision by
9-21 court order.
9-22 (f) The commission shall transfer a person who has been
9-23 sentenced under a determinate sentence to commitment under Section
9-24 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f), Family Code, or
9-25 who has been returned to the commission under Section 54.11(i)(1),
9-26 Family Code, to the custody of the pardons and paroles division of
9-27 the Texas Department of Criminal Justice to serve the remainder of
10-1 the person's sentence on parole as provided by Section 29, Article
10-2 42.18, Code of Criminal Procedure, when the person is released
10-3 under supervision after becoming 19 years of age.
10-4 (g) The commission shall transfer a person who has been
10-5 sentenced under a determinate sentence to commitment under Section
10-6 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f), Family Code, or
10-7 who has been returned to the commission under Section 54.11(i)(1),
10-8 Family Code, to the custody of the pardons and paroles division of
10-9 the Texas Department of Criminal Justice on the person's 21st
10-10 birthday, if the person has not already been discharged or
10-11 transferred, to serve the remainder of the person's sentence on
10-12 parole as provided by Section 29, Article 42.18, Code of Criminal
10-13 Procedure.
10-14 SECTION 11. Sections 61.101(b), (c), and (d), Human
10-15 Resources Code, are amended to read as follows:
10-16 (b) The commission, in consultation with the Texas Juvenile
10-17 Probation Commission, may develop a program of moral, academic,
10-18 vocational, physical, and correctional training and activities in
10-19 which a child placed in a youth boot camp as an intermediate
10-20 sanction under Section 54.04(d)(2) or Section 54.04(d)(7)
10-21 [54.04(d)(1)(C)], Family Code, is required to participate,
10-22 including programs to educate the child as to the conditions under
10-23 which children committed to the Texas Youth Commission and the
10-24 institutional division of the Texas Department of Criminal Justice
10-25 live and follow-up programs to aid successful community
10-26 reintegration.
10-27 (c) The commission may refuse to accept a child in a youth
11-1 boot camp as an intermediate sanction under Section 54.04(d)(2) or
11-2 Section 54.04(d)(7) [54.04(d)(1)(C)], Family Code, and may return
11-3 the child to the juvenile court in the same manner and under the
11-4 same conditions provided under Section 61.0386.
11-5 (d) The placement of a child in a youth boot camp as an
11-6 intermediate sanction under Section 54.04(d)(2) or Section
11-7 54.04(d)(7) [54.04(d)(1)(C)], Family Code, is not a commitment to
11-8 the commission, and the child may not be transferred by the
11-9 commission, or be a resident of, any other type of commission
11-10 facility other than a medical facility.
11-11 SECTION 12. Section 141.0432(b), Human Resources Code, is
11-12 amended to read as follows:
11-13 (b) The commission, local juvenile boards, and local
11-14 juvenile probation departments may work together to develop a
11-15 program of moral, academic, vocational, physical, and correctional
11-16 training and military-style discipline for children placed in youth
11-17 boot camps on probation under Section 54.04(d)(2) [54.04(d)(1)(B)],
11-18 Family Code, or as a disposition under Section 54.04(d)(7), Family
11-19 Code, or for violating the conditions of probation as determined
11-20 under Section 54.05(f), Family Code, including follow-up programs
11-21 to aid successful community reintegration.
11-22 SECTION 13. Sections 142.004(a) and (c), Human Resources
11-23 Code, are amended to read as follows:
11-24 (a) A juvenile probation officer or an employee of a
11-25 juvenile probation community service restitution program is not
11-26 liable for damages arising from an act or failure to act in
11-27 connection with manual labor performed by a child who has been
12-1 placed on informal adjustment or who has been adjudicated a
12-2 delinquent child or a child in need of supervision and the labor
12-3 was performed as a condition to probation ordered under Section
12-4 54.04(d)(2) [54.04(d)(1)], Family Code, or as a disposition under
12-5 Section 54.04(d)(7), Family Code, and the act or failure to act was
12-6 not intentional, wilfully or wantonly negligent, or performed with
12-7 conscious indifference or reckless disregard for the safety of
12-8 others.
12-9 (c) A juvenile probation officer or an employee of a
12-10 juvenile probation community service restitution program is not
12-11 liable for damages arising from an act or failure to act by a
12-12 juvenile probation officer or an employee of a juvenile probation
12-13 community service restitution program in connection with manual
12-14 labor performed as a condition of probation ordered under Section
12-15 54.04(d)(2) [54.04(d)(1)], Family Code, or as a disposition under
12-16 Section 54.04(d)(7), Family Code, if the act or failure to act:
12-17 (1) was performed in an official capacity; and
12-18 (2) was not intentional, wilfully or wantonly
12-19 negligent, or performed with conscious indifference or reckless
12-20 disregard for the safety of others.
12-21 SECTION 14. Section 12.42(f), Penal Code, is amended to read
12-22 as follows:
12-23 (f) For the purposes of Subsections (a)-(c) and (e), an
12-24 adjudication by a juvenile court under Section 54.03, Family Code,
12-25 that a child engaged in delinquent conduct constituting a felony
12-26 offense for which the child is committed to the Texas Youth
12-27 Commission under Section 54.04(d)(3), (d)(4) [54.04(d)(2), (d)(3)],
13-1 or (m), Family Code, or Section 54.05(f), Family Code, is a final
13-2 felony conviction.
13-3 SECTION 15. Section 171.681, Tax Code, is amended to read as
13-4 follows:
13-5 Sec. 171.681. Definitions. In this subchapter:
13-6 (1) "Commission" means the Texas Youth Commission.
13-7 (2) "Eligible child" means a person who:
13-8 (A) is committed to the commission under Title
13-9 3, Family Code, other than a commitment under a determinate
13-10 sentence under Section 54.04(d)(4) [54.04(d)(3)], 54.04(m), or
13-11 54.05(f), Family Code; and
13-12 (B) resides at a facility of the commission.
13-13 SECTION 16. (a) The change in law made by this Act applies
13-14 only to conduct that occurs on or after the effective date of this
13-15 Act. Conduct violating a penal law of the state occurs on or after
13-16 the effective date of this Act if every element of the violation
13-17 occurs on or after that date.
13-18 (b) Conduct that occurs before the effective date of this
13-19 Act is covered by the law in effect at the time the conduct
13-20 occurred, and the former law is continued in effect for that
13-21 purpose.
13-22 SECTION 17. This Act takes effect September 1, 1997.
13-23 SECTION 18. The importance of this legislation and the
13-24 crowded condition of the calendars in both houses create an
13-25 emergency and an imperative public necessity that the
13-26 constitutional rule requiring bills to be read on three several
13-27 days in each house be suspended, and this rule is hereby suspended.