BILL ANALYSIS
By: Dutton
Juvenile Justice & Family Issues
BACKGROUND AND PURPOSE
Since its inception and more recently with the sweeping juvenile justice reforms of the 74th Legislature in 1995, the purpose and scope of the Texas Youth Commission (“TYC”) has dramatically changed. Originally, TYC was created to provide for the care, custody, rehabilitation, and re-establishment in society of Texas' most chronically delinquent or serious juvenile offenders, however, now, more than half of the youth currently committed to TYC are committed for nonviolent offenses. TYC data shows that in FY06, 548 youth were committed to TYC were nonviolent offenses. Under current law, most juvenile offenders arrive at the TYC with an indeterminate sentence, placing the juvenile offender under the jurisdiction of the TYC until the offender’s 21st birthday. Youth are assigned a minimum length of stay based on the crime they committed. The average length of stay for new TYC commitments has increased by 47% over the last ten years to be an average of 21 months. If, when and under what conditions a child is released from TYC before his 21st birthday is in the exclusive and sole discretion of TYC as set by their administrative policy.
In 1971, Morales v. Turman, a class action lawsuit, was filed. Investigations in this case revealed due process violations in the adjudicatory stage and violations of the Eighth Amendment's
prohibition against cruel and unusual punishment in TYC facilities. In 1984, Morales v. Turman was settled by the state and approved by the court containing conditions that are still in effect today because the plaintiffs in the class action lawsuit included all youths involuntarily committed to TYC both now and in the future. Violations of the Settlement Agreement can cause the case to be reinstated on the federal court trial docket or brought before the district court in Travis County.
Twenty years later, reports of alleged abuse and brutal mistreatment of youth in TYC facilities still exists. For example, in 2002, TYC received 1,458 allegations of abuse and mistreatment, of which nearly half (535 cases) were determined to be valid. Findings from TYC investigations stemming from a disturbance at the Evins Regional Juvenile Center revealed that youth have not only been assaulted, but deprived of medical attention, unnecessarily handcuffed, and violently slammed against walls. Now with the latest scandal occurring at the West Texas State School in Pyote facility, there has to be provisions implemented for the release of youth committed to TYC.
H.B.777 would allow a judge to dictate the youth’s length of stay at the TYC by ensuring that a youth committed to the TYC is given a date specific on or before the youth’s 21st birthday by which the child must be discharged from TYC custody. Additionally, H.B.777 would ensure that an independent and impartial state agency would conduct investigations of reports of abuse in TYC facilities to create a safe environment for youth and staff of the Texas Youth Commission.
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
Amends Section 54.04 of the Family Code, by amending Subsection (d) to authorize a court to commit a child to TYC and specify in that commitment a date, on or before the child’s 21st birthday, no later than which the commission shall discharge the child from its custody.
Amends Subchapter C, Chapter 61 of the Human Resources Code, by adding Sections 61.0424 and 61.055 which require TYC to contract with a separate state agency to investigate reports of abuse or neglect of a child at a TYC facility and require TYC to incorporate a component of cultural and linguistic competence into all TYC staff trainings, policies, and program development respectively.
Amends Section 61.804(e) of the Human Resources Code by providing that TYC shall discharge from its custody a person not already discharged on the earlier of the person’s 21st birthday of the date specified by the court committing the person to TYC under Section 54.04(d)(2), Family Code, which states that if the court or jury found at the conclusion of the adjudication hearing that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony or, if the requirements of Subsection (s) or (t) are met, of the grade of misdemeanor, and if the petition was not approved by the grand jury under Section 53.045, the court may commit the child to the Texas Youth Commission without a determinate sentence; by which TYC must discharge the person.
EFFECTIVE DATE
September 1, 2007.