| TO: | Honorable Jerry Madden, Chair, House Committee on Corrections |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB3701 by Miles (Relating to the office of independent ombudsman of the Texas Youth Commission.), As Introduced |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2008 | ($878,816) |
| 2009 | ($850,016) |
| 2010 | ($850,016) |
| 2011 | ($850,016) |
| 2012 | ($850,016) |
| Fiscal Year | Probable Revenue Gain/(Loss) from GENERAL REVENUE FUND 1 |
Change in Number of State Employees from FY 2007 |
|---|---|---|
| 2008 | ($878,816) | 24.0 |
| 2009 | ($850,016) | 24.0 |
| 2010 | ($850,016) | 24.0 |
| 2011 | ($850,016) | 24.0 |
| 2012 | ($850,016) | 24.0 |
The bill would add Chapter 64 to Title 3 of the Human Resources Code, which would establish an office of independent ombudsman in the Youth Commission (TYC) for the purpose of investigating and securing the rights of youth in TYC. The ombudsman would be appointed by the governor for a term of two years with a limit of three terms. The office of the ombudsman would act independently from TYC and would be allowed to appoint or contract for assistants with the same duties and powers of the ombudsman. Not later than January 1 of each year, the ombudsman would be required to submit a report to the governor, the lieutenant governor, and each member of the legislature regarding the results of any review, investigation, or recommendation the office of ombudsman was involved in the previous year. TYC would be required to allow any youth to communicate with the ombudsman in person, by mail or any other means, and the communication would be confidential and privileged. Ombudsman records would be confidential and the names of all parties would be redacted in all public reports. The ombudsman would be required to promote awareness of the office of ombudsman by providing contact information, the purpose of the office, and the services the office provides to TYC youth. The duties of the ombudsman would include the review and evaluation of TYC procedures and service delivery, investigation of youth complaints, inspection of facilities, investigation of the death of any youth in TYC facilities, provision of assistance to a youth or a youth's family including advocating with an agency or provider, review of court orders, recommendation of changes in procedures, making appropriate referrals, and consulting with an administrator, youth, parent, expert, or any other individual in the best interests of the youth. The office of the ombudsman would have access to TYC records, local law enforcement records relating to youth committed to TYC, and would have access to the juvenile justice information system of the Department of Public Safety. The office of the ombudsman would have authority to subpoena records from a private entity that relates to a youth committed to TYC. The first term of the ombudsman would begin October 1, 2007 and would end December 1, 2009. The bill would take effect September 1, 2007.
TYC anticipates a cost of $878,816 in fiscal year 2008 and $850,016 in fiscal year 2009 from the passage of the bill for a biennial total of $1,728,832. Salaries would comprise $1,255,006 for the biennium with $473,826 for other costs ($80,000 for travel, $28,800 for equipment, $355,042 for benefits, and $9,984 for other operating expenses.
The Department of Public Safety anticipates no significant fiscal impact from the passage of the bill.
The technology impact for TYC would be $31,392 in fiscal year 2008 for computer workstations and infrastructure for an additional 24 FTEs. The ongoing costs would be $2,592 in future years.
| Source Agencies: | 405 Department of Public Safety, 694 Youth Commission
|
| LBB Staff: | JOB, ES, GG, AI, KJG
|