SRC-JBJ C.S.S.B. 447 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 447
78R12381 DAK-DBy: Ogden
Criminal Justice
4/16/1999
Committee Report (Substituted)


DIGEST 

Currently, the Texas Youth Commission (commission) incarcerates juveniles
for crimes.  Nearly half of those released by the commission return to
incarceration because they committed an additional crime after release.
Studies show that incarcerated youth who earn a high school diploma are
less likely to return to prison.  But many released youths have trouble
finding employment due to the youths' lack of education.  C.S.S.B. 447
would prohibit the commission from releasing a person who has not attained
a certain level of education. 

PURPOSE

As proposed, C.S.S.B. 447 prohibits the Texas Youth Commission from
releasing a person who did not obtain a mandatory education skill level. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 61F, Human Resources Code, by adding Section
61.085, as follows: 

Sec. 61.085.  EDUCATIONAL SKILL LEVEL.  Requires the Texas Youth Commission
(commission) to release a child under supervision only if the child has
acquired a certain level of education.  Prohibits that child's release
without the education or skills, except under a waiver based on the child's
intellectual incapacity or based on a gubernatorial declaration of
insufficient resources.  Authorizes the commission, if the governor waives
the requirement, to release under supervision a child who the commission
has determined has not reached the educational skill level if the
commission requires the child to attain that level. 

SECTION 2.  Requires the commission to make the determination to waive the
mandatory skill level requirement by December 1, 2000, and to submit a
report by December 1, 2000 to the governor and certain state agencies
stating the number of children affected by the waiver and the resources
that would be required for full implementation.  

SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.Emergency clause.
  

SUMMARY OF COMMITTEE CHANGES

SECTION 2.

Adds provisions requiring the commission to determine the waiving
requirement and to report on certain information regarding the requirement
by December 1, 2000. 
 
 Redesignates SECTIONS 2-3 as SECTIONS 3-4.