80R10267 SLO-D

By: Madden H.B. No. 2807

A BILL TO BE ENTITLED

AN ACT

relating to the operations and functions 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 criminal offense [felony] committed on property owned or operated by or under contract with [while the actor was a prisoner in the custody of] the Texas Department of Criminal Justice or the Texas Youth Commission [Corrections or a prosecution of an offense committed in the department by any person under 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. Sections 54.04(d), (o), and (u), Family Code, are amended to read as follows:

(d) If the court or jury makes the finding specified in Subsection (c) allowing the court to make a disposition in the case:

(1) the court or jury may, in addition to any order required or authorized under Section 54.041 or 54.042, place the child on probation on such reasonable and lawful terms as the court may determine:

(A) in the child's own home or in the custody of a relative or other fit person; or

(B) subject to the finding under Subsection (c) on the placement of the child outside the child's home, in:

(i) a suitable foster home; or

(ii) a suitable public or private institution or agency, except the Texas Youth Commission;

(2) 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;

(3) if the court or jury found at the conclusion of the adjudication hearing that the child engaged in delinquent conduct that included a violation of a penal law listed in Section 53.045(a) and if the petition was approved by the grand jury under Section 53.045, the court or jury may sentence the child to commitment in the Texas Youth Commission with a possible transfer to the [institutional division or the pardons and paroles division of the] Texas Department of Criminal Justice for a term of:

(A) not more than 40 years if the conduct constitutes:

(i) a capital felony;

(ii) a felony of the first degree; or

(iii) an aggravated controlled substance felony;

(B) not more than 20 years if the conduct constitutes a felony of the second degree; or

(C) not more than 10 years if the conduct constitutes a felony of the third degree;

(4) the court may assign the child an appropriate sanction level and sanctions as provided by the assignment guidelines in Section 59.003; or

(5) if applicable, the court or jury may make a disposition under Subsection (m).

(o) In a disposition under this title:

(1) a status offender may not, under any circumstances, be committed to the Texas Youth Commission for engaging in conduct that would not, under state or local law, be a crime if committed by an adult;

(2) a status offender may not, under any circumstances other than as provided under Subsection (n), be placed in a post-adjudication secure correctional facility; [and]

(3) a child adjudicated for contempt of a county, justice, or municipal court order may not, under any circumstances, be placed in a post-adjudication secure correctional facility or committed to the Texas Youth Commission for that conduct; and

(4) a child adjudicated as having engaged in delinquent conduct violating a penal law of this state or the United States of the grade of misdemeanor may not, under any circumstances, be committed to the Texas Youth Commission.

(u) For the purposes of disposition under Subsection (d)(2), delinquent conduct that violates a penal law of this state of the grade of felony [or misdemeanor] does not include conduct that violates a lawful order of a county, municipal, justice, or juvenile court under circumstances that would constitute contempt of that court.

SECTION 4. Section 54.05(f), Family Code, is amended to read as follows:

(f) Except as provided by Subsection (j), a disposition based on a finding 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 (k) are met, of the grade of misdemeanor,] may be modified so as to commit the child to the Texas Youth Commission if the court after a hearing to modify disposition finds by a preponderance of the evidence that the child violated a reasonable and lawful order of the court. A disposition based on a finding that the child engaged in habitual felony conduct as described by Section 51.031 or in delinquent conduct that included a violation of a penal law listed in Section 53.045(a) may be modified to commit the child to the Texas Youth Commission with a possible transfer to the [institutional division or the pardons and paroles division of the] Texas Department of Criminal Justice for a definite term prescribed by Section 54.04(d)(3) if the original petition was approved by the grand jury under Section 53.045 and if after a hearing to modify the disposition the court finds that the child violated a reasonable and lawful order of the court.

SECTION 5. Section 499.053, Government Code, is amended by adding Subsection (e) to read as follows:

(e) Subsections (b), (c), and (d) do not apply to a person transferred from the Texas Youth Commission under Section 61.084(h)(3), Human Resources Code.

SECTION 6. Section 508.156(a), Government Code, is amended to read as follows:

(a) Before the release of a person who is transferred under Section 61.081(f) or 61.084(g) [61.084(f) or (g)], Human Resources Code, to the division for release on parole, a parole panel shall review the person's records and may interview the person or any other person the panel considers necessary to determine the conditions of parole. The panel may impose any reasonable condition of parole on the person that the panel may impose on an adult inmate under this chapter.

SECTION 7. Subchapter E, Chapter 508, Government Code, is amended by adding Section 508.1561 to read as follows:

Sec. 508.1561. PAROLE WITHOUT DETERMINATE SENTENCE. (a) Before the release of a person who is transferred under Section 61.084(h)(2), Human Resources Code, to the department for release on parole, a parole panel shall review the person's records and may interview the person or any other person the panel considers necessary to determine the conditions of parole. The panel may impose any reasonable condition of parole on the person that the panel may impose on an adult inmate under this chapter.

(b) The panel shall furnish the person with a written statement clearly describing the conditions and rules of parole. The person must accept and sign the statement as a precondition to release on parole.

(c) While on parole, the person remains in the legal custody of the state and shall comply with the conditions of parole ordered by a panel under this section.

(d) The period of parole for a person released on parole under this section is a term of not more than two years.

(e) If a parole panel revokes the person's parole, the panel may require the person to be confined in the department to serve the remaining portion of the person's term. A person serving a term of parole under this section on the basis of conduct violating a penal law of the grade of state jail felony may only be confined in a state jail under this subsection. The panel may not recommit the person to the Texas Youth Commission.

(f) For purposes of this chapter, a person released from the Texas Youth Commission on parole under this section is considered to have been convicted of the offense for which the person has been adjudicated.

SECTION 8. Sections 61.012(a) and (b), Human Resources Code, are amended to read as follows:

(a) The governing board of the Texas Youth Commission consists of five [seven] members appointed by the governor with the consent of the senate. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(b) Members of the board must be citizens who are recognized within their communities for their interest in youth. At least one member of the board must be a member of a child advocacy organization and at least one member of the board must be a member of a victim's advocacy organization.

SECTION 9. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.0331 to read as follows:

Sec. 61.0331. INTERNAL AUDIT; REPORT. (a) The commission shall regularly conduct internal audits of the commission, including audits of correctional facilities operated by the commission.

(b) The commission shall on a quarterly basis report the results of the audits to the committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities.

SECTION 10. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.0451 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, including parole officers employed by or under a contract with the commission; 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 board shall appoint a commissioned peace officer as chief inspector general. The chief inspector general:

(1) is subject to the requirements of this section; and

(2) shall report information regarding the operations of the office of inspector general to the board on request of the board.

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

SECTION 11. Section 61.079(a), Human Resources Code, is amended to read as follows:

(a) After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 19 [21] years of age, the commission may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the [institutional division of the] Texas Department of Criminal Justice for confinement if:

(1) the child has not completed the sentence; and

(2) the child's conduct, regardless of whether the child was released under supervision under Section 61.081, indicates that the welfare of the community requires the transfer.

SECTION 12. Section 61.084, Human Resources Code, is amended by amending Subsections (e) and (g) and adding Subsections (h) and (i) to read as follows:

(e) Except as provided by Subsection [(f) or] (g) or (h)(2) or (3), the commission shall discharge from its custody a person not already discharged on the person's 19th [21st] birthday.

(g) The commission shall transfer a person who has been sentenced under a determinate sentence to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been returned to the commission under Section 54.11(i)(1), Family Code, to the custody of the [pardons and paroles division of the] Texas Department of Criminal Justice on the person's 19th [21st] birthday, if the person has not already been discharged or transferred, to serve the remainder of the person's sentence on parole as provided by Section 508.156, Government Code.

(h) On the 19th birthday of a person who has been committed without a determinate sentence to the custody of the commission under Section 54.04(d)(2), Family Code, the commission shall:

(1) discharge the person from the commission's custody;

(2) transfer the person to the custody of the Texas Department of Criminal Justice to serve a term of not more than two years on parole as provided by Section 508.1561, Government Code; or

(3) transfer the person to the custody of the Texas Department of Criminal Justice to serve a sentence of confinement of not more than two years, with eligibility for release on parole in the manner provided by Section 508.145(f), Government Code.

(i) A person transferred to the custody of the Texas Department of Criminal Justice for confinement under Subsection (h)(3) on the basis of conduct violating a penal law of the grade of state jail felony may only be confined in a state jail.

SECTION 13. The heading to Section 61.0841, Human Resources Code, is amended to read as follows:

Sec. 61.0841. DETERMINATE SENTENCE PAROLE AND PAROLE WITHOUT DETERMINATE SENTENCE.

SECTION 14. Section 61.0841(a), Human Resources Code, is amended to read as follows:

(a) Not later than the 90th day before the date the commission transfers a person to the custody of [the pardons and paroles division of] the Texas Department of Criminal Justice for release on parole under Section 61.081(f) or 61.084(g) or (h)(2) [61.084(f) or (g)], the commission shall submit to the department all pertinent information relating to the person, including:

(1) the juvenile court judgment;

(2) the circumstances of the person's offense;

(3) the person's previous social history and juvenile court records;

(4) the person's physical and mental health record;

(5) a record of the person's conduct, employment history, and attitude while committed to the commission;

(6) a record of the [sentence] time served by the person at the commission and in a juvenile detention facility in connection with the conduct for which the person was adjudicated; and

(7) any written comments or information provided by the commission, local officials, or victims of the offense.

SECTION 15. Subchapter G, Chapter 61, Human Resources Code, is amended by adding Section 61.098 to read as follows:

Sec. 61.098. PROSECUTION OF CERTAIN CRIMES OCCURRING AT COMMISSION FACILITY. In a county in which property owned or operated by or under contract with the commission is located, the district attorney, criminal district attorney, or county attorney performing the duties of a district attorney, as appropriate, may request that the special prosecution unit prosecute an offense described under Article 104.003(a), Code of Criminal Procedure, that is committed on that property.

SECTION 16. The following laws are repealed:

(1) Sections 54.04(s) and (t), Family Code;

(2) Section 54.05(k), Family Code; and

(3) Section 61.084(f), Human Resources Code.

SECTION 17. A person committed to the Texas Youth Commission on the basis of conduct constituting the commission of an offense of the grade of misdemeanor under Section 54.04(d)(2), Family Code, as it existed before the effective date of this Act, must be discharged from the custody of the Texas Youth Commission not later than the person's 19th birthday.

SECTION 18. As soon as practicable after the effective date of this Act, the Texas Youth Commission shall establish the office of inspector general as required by Section 61.0451, Human Resources Code, as added by this Act.

SECTION 19. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.