C.S.H.B. 2895 78(R)    BILL ANALYSIS


C.S.H.B. 2895
By: Allen
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Youth Commission (TYC) has grown in size and complexity over the
past eight years since the major juvenile justice reforms of the 74th
Legislature in 1995.  The changes continue to require legislative
attention in several areas.  First, it has always been implied in the law,
but needs to be explicitly stated, that all records of youth in TYC are
confidential -- including any personally identifiable information - and
that youth and parents' access to information about the youth is
authorized as long as it is not detrimental to treatment or have a
chilling effect on receiving information from similar sources in the
future.  

Second, TYC has for many years met constitutional due process requirements
for parole revocation hearings, but unlike the Board of Pardons and
Paroles and Texas Department of Criminal Justice, has not been excepted
from the other requirements for contested cases under the Texas
Administrative Procedure Act.  Some of these requirements are
inappropriate and exceed constitutional requirements.  Also, TYC needs the
same subpoena authority the two adult correctional agencies have to compel
the attendance of witnesses at the hearings.   

Finally, an optional referral to a local mental health authority for
outpatient services is needed for non-sentenced youth who must be
discharged following completion of their minimum length of stay because of
their inability to progress in the regular treatment program.  CSHB 2895
attempts to address these issues. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

SECTION 1.Sec. 61.073, Human Resources Code, is amended to make explicit
that all files and records pertaining to TYC youth, including personally
identifiable information, are confidential, not just the records that have
a treatment purpose. 

SECTION 2.Sec. 61.0731, Human Resources Code, is added to make it explicit
that TYC is authorized to disclose information about a youth to the youth
and the youth's parent or guardian only if the disclosure would not
materially harm the youth's treatment and rehabilitation and would not
decrease the likelihood of receiving information from the same or similar
sources in the future.  It provides that a youth who is age 18 or older
must give consent for disclosure to a parent or guardian and that TYC may
disclose information regarding a youth's location and committing court
when there is a legitimate need for it. 

Sec. 61.0751, Human Resources Code, is added to grant subpoena authority
to TYC hearings examiners in parole revocation and other administrative
hearings.  It authorizes the hearings examiners to administer an oath.
Peace officers, TYC apprehension specialists, TYC parole officers or other
commissioned officials are authorized to serve the subpoenas.  A court of
record having original jurisdiction of  criminal actions may, on the
commission's application, enforce the subpoenas by contempt or in the same
manner as the court may otherwise compel the production of evidence. 

SECTION 3.Sec. 61.0772(b), Human Resources Code, is amended to require TYC
to refer a youth to an appropriate mental authority who is being
discharged because of mental illness that prevents the youth from
progressing in the agency's rehabilitation program and who needs
outpatient psychiatric treatment.  Referrals for court-ordered mental
health services continue for such youth needing inpatient psychiatric
treatment. 

SECTION 4.Sec. 2001.223, Government Code, is amended to add TYC
proceedings related to the release of youth under supervision and parole
revocation to similar proceedings of the Board of Pardons and Paroles and
the Texas Department of Criminal Justice that are excepted from contested
case provisions of the Texas Administrative Procedure Act. 

SECTION 5.Effective date.


EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by removing the provisions in the
original regarding composition and terms of TYC's governing board, Sunset
Commission review, and substance abuse treatment. The substitute adds new
SECTIONS 1, 2, 3, and 4.