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78R372 SLO-D
By: Dutton H.B. No. 888
A BILL TO BE ENTITLED
AN ACT
relating to progressive sanctions programs for juvenile offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.013, Family Code, is amended to read
as follows:
Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. [(a)] Each
juvenile board may adopt a progressive sanctions program using the
model [guidelines] for progressive sanctions in Chapter 59.
[(b) A juvenile court or probation department that deviates
from the guidelines under Section 59.003 shall state in writing the
reasons for the deviation and submit the statement to the juvenile
board regardless of whether the juvenile board has adopted a
progressive sanctions program.]
SECTION 2. The heading to Chapter 59, Family Code, is
amended to read as follows:
CHAPTER 59. PROGRESSIVE SANCTIONS MODEL [GUIDELINES]
SECTION 3. Section 59.001, Family Code, is amended to read
as follows:
Sec. 59.001. PURPOSES. The purposes of the progressive
sanctions model [guidelines] are to:
(1) ensure that juvenile offenders face uniform and
consistent consequences and punishments that correspond to the
seriousness of each offender's current offense, prior delinquent
history, special treatment or training needs, and effectiveness of
prior interventions;
(2) balance public protection and rehabilitation
while holding juvenile offenders accountable;
(3) permit flexibility in the decisions made in
relation to the juvenile offender to the extent allowed by law;
(4) consider the juvenile offender's circumstances;
[and]
(5) recognize that departure of a disposition from
this model is not necessarily undesirable and in some cases is
highly desirable; and
(6) improve juvenile justice planning and resource
allocation by ensuring uniform and consistent reporting of
disposition decisions at all levels.
SECTION 4. The heading of Section 59.003, Family Code, is
amended to read as follows:
Sec. 59.003. SANCTION LEVEL ASSIGNMENT MODEL [GUIDELINES].
SECTION 5. Sections 59.003(e), (f), and (g), Family Code,
are amended to read as follows:
(e) [Except as otherwise provided by this subsection, a
juvenile court or probation department that deviates from the
guidelines under this section shall state in writing its reasons
for the deviation and submit the statement to the juvenile board
regardless of whether a progressive sanctions program has been
adopted by the juvenile board. Nothing in this chapter prohibits
the imposition of appropriate sanctions that are different from
those provided at any sanction level. A juvenile court that makes a
disposition required by this title that deviates from the
guidelines under this section is not required to report the
disposition as a deviation.
[(f)] The probation department may, in accordance with
Section 54.05, request the extension of a period of probation
specified under sanction levels one through five if the
circumstances of the child warrant the extension.
(f) [(g)] Before the court assigns the child a sanction
level that involves the revocation of the child's probation and the
commitment of the child to the Texas Youth Commission, the court
shall hold a hearing to modify the disposition as required by
Section 54.05.
SECTION 6. Section 59.006(a), Family Code, is amended to
read as follows:
(a) For a child at sanction level three, the juvenile court
may:
(1) place the child on probation for not less than six
months [or more than 12 months];
(2) require the child to make restitution to the
victim of the child's conduct or perform community service
restitution appropriate to the nature and degree of harm caused and
according to the child's ability;
(3) impose specific restrictions on the child's
activities and requirements for the child's behavior as conditions
of probation;
(4) require a probation officer to closely monitor the
child's activities and behavior;
(5) require the child or the child's parents or
guardians to participate in programs or services designated by the
court or probation officer; and
(6) if appropriate, impose additional conditions of
probation.
SECTION 7. Section 59.007(a), Family Code, is amended to
read as follows:
(a) For a child at sanction level four, the juvenile court
may:
(1) require the child to participate as a condition of
probation for not less than three months or more than 12 months in
an intensive services probation program that emphasizes frequent
contact and reporting with a probation officer, discipline,
intensive supervision services, social responsibility, and
productive work;
(2) after release from the program described by
Subdivision (1), continue the child on probation supervision [for
not less than six months or more than 12 months];
(3) require the child to make restitution to the
victim of the child's conduct or perform community service
restitution appropriate to the nature and degree of harm caused and
according to the child's ability;
(4) impose highly structured restrictions on the
child's activities and requirements for behavior of the child as
conditions of probation;
(5) require a probation officer to closely monitor the
child;
(6) require the child or the child's parents or
guardians to participate in programs or services designed to
address their particular needs and circumstances; and
(7) if appropriate, impose additional sanctions.
SECTION 8. Section 59.008(a), Family Code, is amended to
read as follows:
(a) For a child at sanction level five, the juvenile court
may:
(1) as a condition of probation, place the child for
not less than six months or more than 12 months in a
post-adjudication secure correctional facility;
(2) after release from the program described by
Subdivision (1), continue the child on probation supervision [for
not less than six months or more than 12 months];
(3) require the child to make restitution to the
victim of the child's conduct or perform community service
restitution appropriate to the nature and degree of harm caused and
according to the child's ability;
(4) impose highly structured restrictions on the
child's activities and requirements for behavior of the child as
conditions of probation;
(5) require a probation officer to closely monitor the
child;
(6) require the child or the child's parents or
guardians to participate in programs or services designed to
address their particular needs and circumstances; and
(7) if appropriate, impose additional sanctions.
SECTION 9. Section 59.012(a), Family Code, is amended to
read as follows:
(a) The Criminal Justice Policy Council shall analyze
trends related to juvenile referrals[, compliance with the
progressive sanctions guidelines,] and the impact of [the
guidelines and related] reforms on recidivism rates using standard
scientific sampling or appropriate scientific methodologies to
represent statewide patterns. The council shall compile other
policy studies as determined by the executive director of the
council or as requested by the governor, lieutenant governor, or
speaker of the house of representatives to assist in policy
development.
SECTION 10. Section 59.014, Family Code, is amended to read
as follows:
Sec. 59.014. APPEAL. A child may not bring an appeal or a
postconviction writ of habeas corpus based on:
(1) the failure or inability of any person to provide a
service listed under Sections 59.004-59.010;
(2) the failure of a court or of any person to make a
sanction level assignment as provided in Section 59.002 or 59.003;
[or]
(3) a departure [deviation] from the sanction level
assignment model [guidelines] provided by this chapter; or
(4) the failure of a juvenile court or probation
department to report a departure [deviation] from the model
[guidelines as required by Section 59.003(e)].
SECTION 11. (a) This Act takes effect September 1, 2003.
(b) This Act applies only to conduct that occurs on or after
the effective date of this Act. Conduct violating the penal law of
this state occurs on or after the effective date of this Act if any
element of the violation occurs on or after that date.
(c) Conduct that occurs before the effective date of this
Act is governed by the law in effect at the time the conduct
occurred, and that law is continued in effect for that purpose.
(d) This Act applies only to an appeal under Section 56.01,
Family Code, of an order by a juvenile court rendered on or after
the effective date of this Act. An appeal of an order rendered
before the effective date of this Act is governed by the law in
effect at the time the order was rendered, and that law is continued
in effect for that purpose.