80R7351 SLO-D

By: Castro H.B. No. 2335

A BILL TO BE ENTITLED

AN ACT

relating to the operations of the Texas Youth Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 2.12, Code of Criminal Procedure, is amended to read as follows:

Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(4) rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;

(6) law enforcement agents of the Texas Alcoholic Beverage Commission;

(7) each member of an arson investigating unit commissioned by a city, a county, or the state;

(8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;

(9) officers commissioned by the General Services Commission;

(10) law enforcement officers commissioned by the Parks and Wildlife Commission;

(11) airport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers;

(12) airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;

(13) municipal park and recreational patrolmen and security officers;

(14) security officers and investigators commissioned as peace officers by the comptroller;

(15) officers commissioned by a water control and improvement district under Section 49.216, Water Code;

(16) officers commissioned by a board of trustees under Chapter 54, Transportation Code;

(17) investigators commissioned by the Texas Medical [State] Board [of Medical Examiners];

(18) officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;

(19) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;

(20) investigators employed by the Texas Racing Commission;

(21) officers commissioned under Chapter 554, Occupations Code;

(22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;

(23) investigators commissioned by the attorney general under Section 402.009, Government Code;

(24) security officers and investigators commissioned as peace officers under Chapter 466, Government Code;

(25) an officer employed by the [Texas] Department of State Health Services under Section 431.2471, Health and Safety Code;

(26) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;

(27) officers commissioned by the state fire marshal under Chapter 417, Government Code;

(28) an investigator commissioned by the commissioner of insurance under Section 701.104 [Article 1.10D], Insurance Code;

(29) apprehension specialists and inspectors general commissioned by the Texas Youth Commission as officers under Sections 61.0451 and [Section] 61.0931, Human Resources Code;

(30) officers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code;

(31) investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code;

(32) commission investigators commissioned by the Texas [Commission on] Private Security Board under Section 1702.061(f), Occupations Code;

(33) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; and

(34) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section.

SECTION 2. Article 104.003(a), Code of Criminal Procedure, is amended to read as follows:

(a) In a prosecution of a felony committed while the actor was a prisoner in the custody of the Texas Department of Criminal Justice or a person committed to the Texas Youth Commission [Corrections] or a prosecution of an offense committed in the department or in the Texas Youth Commission by any person under Section 38.11, Penal Code [Chapter 21, Acts of 55th Legislature, Regular Session, 1957 (Article 6184m, Vernon's Texas Civil Statutes)], [or] Chapter 481, Health and Safety Code, or Sections 485.031 through 485.035, Health and Safety Code, the state shall reimburse the county for expenses incurred by the county, in an amount that the court determines to be reasonable, for payment of:

(1) salaries and expenses of foreign language interpreters and interpreters for deaf persons whose services are necessary to the prosecution;

(2) consultation fees of experts whose assistance is directly related to the prosecution;

(3) travel expenses for witnesses;

(4) expenses for the food, lodging, and compensation of jurors;

(5) compensation of witnesses;

(6) the cost of preparation of a statement of facts and a transcript of the trial for purposes of appeal;

(7) if the death of a person is an element of the offense, expenses of an inquest relating to the death;

(8) food, lodging, and travel expenses incurred by the prosecutor's staff during travel essential to the prosecution of the offense;

(9) court reporter's fees; and

(10) the cost of special security officers.

SECTION 3. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.0356 to read as follows:

Sec. 61.0356. FACILITY GUARDS. (a) The commission shall provide each correctional facility guard employed by the commission with at least 300 hours of training before the guard commences guarding duties at the facility.

(b) In each correctional facility operated by the commission, the commission must maintain a ratio of not less than one guard for every 12 persons committed to the facility.

SECTION 4. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Sections 61.0451 and 61.0452 to read as follows:

Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The commission shall establish an office of inspector general for the purpose of investigating:

(1) fraud committed by commission employees; and

(2) crimes committed at a facility operated by the commission or at a residential facility operated by another entity under a contract with the commission.

(b) The office of inspector general shall report the results of any investigation conducted under this section to the board.

(c) The office of inspector general may employ and commission inspectors general as peace officers for the purpose of carrying out the duties described by this section. An inspector general shall have all of the powers and duties given to peace officers under Article 2.13, Code of Criminal Procedure.

(d) Peace officers employed and commissioned under Subsection (c) must be certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code.

(e) The commission by rule shall establish policies and procedures for the operations of the office of inspector general.

Sec. 61.0452. OFFICE OF OMBUDSMAN. (a) The commission shall establish an office of ombudsman for the purpose of:

(1) evaluating the delivery of services to children committed to the commission;

(2) receiving and reviewing complaints concerning commission actions;

(3) conducting investigations of complaints if the office determines that:

(A) a child committed to the commission or the child's family may be in need of assistance from the office; or

(B) a systemic issue in the commission's provision of services is raised by a complaint;

(4) making an appropriate referral or providing assistance to a child committed to the commission or to the child's family if after an investigation the ombudsman determines the child or the child's family is in need of assistance;

(5) advocating the best interests of the child in the process of providing assistance to a child or the child's family;

(6) periodically reviewing facilities operated by or under contract with the commission and the operating procedures of such facilities; and

(7) taking appropriate actions to advise children committed to the commission, the parents or guardians of the children, and commission employees of the services of the office of ombudsman, the purpose of the office, and the procedures to follow in contacting the office.

(b) The office of ombudsman shall report the results of an investigation conducted under this section to the board.

(c) Notwithstanding any other law, the office of ombudsman may access, inspect, or copy any record necessary to carry out the responsibilities provided under this section.

(d) In performing the responsibilities provided under this section, an employee of the office of ombudsman may communicate privately with a person who has received or is receiving services from the commission. A communication described by this subsection is confidential and not subject to disclosure under Chapter 552, Government Code.

(e) The name, address, or other personally identifiable information of a person who files a complaint with the office of ombudsman, information generated by the office of ombudsman in the course of an investigation, and confidential records obtained by the office of ombudsman are confidential and not subject to disclosure under Chapter 552, Government Code, except that the information and records, other than confidential information and records concerning a pending law enforcement investigation or criminal action, may be disclosed to the appropriate person if the office determines that disclosure is:

(1) in the general public interest;

(2) necessary to enable the office to perform the responsibilities provided under this section; or

(3) necessary to identify, prevent, or treat the abuse or neglect of a child.

(f) The commission may not discharge or in any manner discriminate or retaliate against an employee who in good faith makes a complaint to the office of ombudsman or cooperates with the office in an investigation.

SECTION 5. Subchapter D, Chapter 61, Human Resources Code, is amended by adding Section 61.061 to read as follows:

Sec. 61.061. DORM RESTRICTION IN COMMISSION FACILITIES. The commission may not assign a child younger than 15 years of age to the same correctional facility dorm as a person who is at least 17 years of age.

SECTION 6. Subchapter E, Chapter 61, Human Resources Code, is amended by adding Sections 61.0763 and 61.0764 to read as follows:

Sec. 61.0763. PARENT'S BILL OF RIGHTS. (a) The commission shall develop a parent's bill of rights for distribution to the parent or guardian of a child who is under 18 years of age and committed to the commission. The parent's bill of rights must include:

(1) a description of the commission's grievance policies and procedures;

(2) a list of possible incidents that require parental notification;

(3) policies concerning visits and telephone conversations with a child committed to the commission;

(4) a description of commission caseworker responsibilities; and

(5) a statement that the commission caseworker assigned to a child may assist the child's parent or guardian in obtaining information and services from the commission or another resource concerning:

(A) counseling, including substance abuse and mental health counseling;

(B) assistance programs, including financial and travel assistance programs for visiting a child committed to the commission;

(C) workforce preparedness programs;

(D) parenting programs; and

(E) commission seminars.

(b) Not later than 48 hours after the time a child is admitted to a commission facility, the commission shall mail to the child's parent or guardian at the last known address of the parent or guardian:

(1) the parent's bill of rights; and

(2) the contact information of the commission caseworker assigned to the child.

Sec. 61.0764. COMMISSION CASEWORKERS. (a) The commission shall assign a caseworker to a child committed to the commission. A commission caseworker shall:

(1) explore family issues and needs with the parent or guardian of a child committed to the commission;

(2) as needed, provide the parent or guardian of a child committed to the commission with information concerning programs and services provided by the commission or another resource; and

(3) perform other duties required by the commission.

(b) A commission caseworker shall:

(1) at least once a month, attempt to contact the child's parent or guardian by phone, in person while the parent or guardian is visiting the facility, or, if necessary, by mail;

(2) if unsuccessful in contacting the child's parent or guardian under Subdivision (1), attempt at least one additional time each month to contact the child's parent or guardian; and

(3) document successful as well as unsuccessful attempts to contact the child's parent or guardian.

(c) If for six months the commission caseworker is unable to contact the child's parent or guardian as provided by Subsection (b), a facility supervisor shall ensure that the supervisor, the caseworker, or another facility administrator continues to attempt to contact the parent or guardian at least once a month.

(d) To the extent practicable, a caseworker shall attempt to communicate with a parent or guardian who does not speak English in the native language of the parent or guardian.

SECTION 7. Subchapter B, Chapter 411, Government Code, is amended by adding Section 411.025 to read as follows:

Sec. 411.025. INVESTIGATION OF TEXAS YOUTH COMMISSION FACILITIES. (a) The Texas Rangers shall make an unannounced visit at least once each month to a correctional facility operated by the Texas Youth Commission to conduct observations and inspections of the facility.

(b) The Texas Rangers shall submit the results of the visits to the Texas Sunset Commission for inclusion in the Texas Youth Commission's sunset review under Section 61.020, Human Resources Code.

(c) This section expires September 1, 2009.

SECTION 8. (a) Section 61.0356(a), Human Resources Code, as added by this Act, applies only to a correctional facility guard hired by the Texas Youth Commission on or after the effective date of this Act. As soon as practicable after the effective date of this Act, the Texas Youth Commission shall provide training to correctional facility guards hired before the effective date of this Act as necessary to conform to the requirements of Section 61.0356(a), Human Resources Code, as added by this Act.

(b) As soon as practicable after the effective date of this Act, the Texas Youth Commission shall ensure that:

(1) each correctional facility operated by the commission has a ratio of not less than one guard for every 12 children committed to the facility, as required by Section 61.0356(b), Human Resources Code, as added by this Act; and

(2) children younger than 15 years of age are assigned to separate correctional facility dorms from persons who are at least 17 years of age as required by Section 61.061, Human Resources Code, as added by this Act.

(c) As soon as practicable after the effective date of this Act, the Texas Youth Commission shall establish the office of inspector general and the office of ombudsman as required by Sections 61.0451 and 61.0452, Human Resources Code, as added by this Act.

SECTION 9. This Act takes effect September 1, 2007.