1-1 By: Goodman (Senate Sponsor - West) H.B. No. 1917
1-2 (In the Senate - Received from the House April 16, 1997;
1-3 April 18, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 18, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers and duties of the Texas Juvenile Probation
1-9 Commission and of juvenile boards.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 141.001, Human Resources Code, is amended
1-12 to read as follows:
1-13 Sec. 141.001. PURPOSES. The purposes of this chapter are
1-14 to:
1-15 (1) make probation services available to juveniles
1-16 throughout the state;
1-17 (2) improve the effectiveness of juvenile probation
1-18 services;
1-19 (3) provide alternatives to the commitment of
1-20 juveniles by providing financial aid to juvenile boards to
1-21 establish and improve probation services;
1-22 (4) establish uniform [probation administration]
1-23 standards for the community-based juvenile justice system; [and]
1-24 (5) improve communications among state and local
1-25 entities within the juvenile justice system; and
1-26 (6) promote delinquency prevention and early
1-27 intervention programs and activities for juveniles.
1-28 SECTION 2. Section 141.011, Human Resources Code, is amended
1-29 by amending Subsection (a) and adding Subsection (d) to read as
1-30 follows:
1-31 (a) The commission consists of:
1-32 (1) two district court judges;
1-33 (2) one county judge or commissioner; and
1-34 (3) six members of the public who are not employees in
1-35 the criminal or juvenile justice system as follows:
1-36 (A) two members appointed from counties with a
1-37 population equal to or more than 500,000;
1-38 (B) two members appointed from counties with a
1-39 population equal to or more than 100,000 but less than 500,000; and
1-40 (C) two members appointed from counties with a
1-41 population less than 100,000.
1-42 (d) For purposes of Subsection (a), population is determined
1-43 by the most recent population projection figures available from the
1-44 comptroller.
1-45 SECTION 3. Section 141.042(a), Human Resources Code, is
1-46 amended to read as follows:
1-47 (a) The commission shall adopt reasonable rules that
1-48 provide:
1-49 (1) minimum standards for personnel, staffing, case
1-50 loads, programs, facilities, record keeping, equipment, and other
1-51 aspects of the operation of a juvenile board that are necessary to
1-52 provide adequate and effective probation services;
1-53 (2) a code of ethics for probation officers and for
1-54 the enforcement of that code;
1-55 (3) appropriate educational, preservice and in-service
1-56 training, and certification standards for probation officers or
1-57 court-supervised community-based program personnel; [and]
1-58 (4) minimum standards for juvenile detention
1-59 facilities, public post-adjudication juvenile secure correctional
1-60 facilities that are operated under the authority of a juvenile
1-61 board, and private post-adjudication juvenile secure correctional
1-62 facilities, except those facilities exempt from certification by
1-63 Section 42.052(e);
1-64 (5) procedures for implementation of the progressive
2-1 sanctions guidelines in Chapter 59, Family Code; and
2-2 (6) minimum standards for juvenile justice alternative
2-3 education programs created under Section 37.011, Education Code, in
2-4 collaboration and conjunction with the Texas Education Agency, or
2-5 its designee.
2-6 SECTION 4. Section 141.044, Human Resources Code, is amended
2-7 to read as follows:
2-8 Sec. 141.044. RECORDS AND REPORTS. Each juvenile board in
2-9 the state shall:
2-10 (1) keep the financial, programmatic, and statistical
2-11 records the commission considers necessary; and
2-12 (2) submit periodic financial, programmatic, and
2-13 statistical reports to the commission as required by the commission
2-14 and in the format specified by the commission, including
2-15 electronic submission.
2-16 SECTION 5. Section 141.046, Human Resources Code, is amended
2-17 to read as follows:
2-18 Sec. 141.046. INSPECTIONS AND AUDITS. (a) The commission
2-19 may inspect and evaluate a juvenile board and probation department
2-20 and audit its financial, programmatic, and statistical records at
2-21 reasonable times to determine compliance with the commission's
2-22 rules.
2-23 (b) The commission may inspect any program or facility
2-24 operated on behalf of and under the authority of the juvenile board
2-25 by the probation department, a governmental entity, or private
2-26 vendor.
2-27 SECTION 6. Section 141.082(a), Human Resources Code, is
2-28 amended to read as follows:
2-29 (a) To receive the full amount of state aid funds for which
2-30 a juvenile board may be eligible [for state aid], a juvenile board
2-31 must demonstrate to the commission's satisfaction that the amount
2-32 of local or county funds budgeted for juvenile services is at least
2-33 equal to [or greater than] the amount spent for those services in
2-34 the 1994 [1980] county fiscal year. The commission may waive this
2-35 requirement only if the juvenile board demonstrates to the
2-36 commission that unusual, catastrophic, or exceptional circumstances
2-37 existed during the relevant year to affect adversely the level of
2-38 county funding. If the required amount of local funding is not
2-39 budgeted and the commission does not grant a waiver, the commission
2-40 shall reduce the allocation of state aid funds to the juvenile
2-41 board by the amount equal to the amount that the county funding is
2-42 below the required funding.
2-43 SECTION 7. Section 141.085(a), Human Resources Code, is
2-44 amended to read as follows:
2-45 (a) The commission may [shall] refuse, reduce, or suspend
2-46 payment of state aid to:
2-47 (1) a juvenile board that fails to comply with the
2-48 commission's rules or fails to maintain local financial support;
2-49 or
2-50 (2) a county that fails to comply with the minimum
2-51 standards provided under Section 141.042(a)(4).
2-52 SECTION 8. Section 142.001, Human Resources Code, is amended
2-53 to read as follows:
2-54 Sec. 142.001. DEFINITION. In this chapter, "juvenile
2-55 probation services" means:
2-56 (1) services provided by or under the direction of a
2-57 juvenile probation officer in response to an order issued by a
2-58 juvenile court and under the court's direction, including:
2-59 (A) protective services;
2-60 (B) prevention of delinquent conduct and conduct
2-61 indicating a need for supervision;
2-62 (C) diversion;
2-63 (D) deferred prosecution [informal adjustment];
2-64 (E) foster care;
2-65 (F) counseling;
2-66 (G) supervision; and
2-67 (H) diagnostic, correctional, and educational
2-68 services; and
2-69 (2) services provided by a juvenile probation
3-1 department that are [is] related to the operation of a
3-2 preadjudication or post-adjudication juvenile [detention] facility.
3-3 SECTION 9. Section 142.003, Human Resources Code, is amended
3-4 by adding Subsection (c) to read as follows:
3-5 (c) A juvenile board may contract with another political
3-6 subdivision of the state or a private vendor for juvenile probation
3-7 services.
3-8 SECTION 10. Section 103, Chapter 262, Acts of the 74th
3-9 Legislature, Regular Session, 1995, is repealed.
3-10 SECTION 11. (a) This Act takes effect September 1, 1997.
3-11 (b) The change in law made by this Act to Section
3-12 141.011(a)(3), Human Resources Code, does not affect the
3-13 entitlement of a member of the Texas Juvenile Probation Commission
3-14 to continue to serve the full term of the member's appointment. As
3-15 the terms of the members of the Texas Juvenile Probation Commission
3-16 expire or as vacancies are created, the governor shall make
3-17 appointments of members of the commission to achieve as soon as
3-18 possible the membership of the commission as provided under Section
3-19 141.011(a)(3), Human Resources Code, as amended by this Act.
3-20 SECTION 12. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.
3-25 * * * * *