81R14043 KCR-D

By: McClendon H.B. No. 3687

A BILL TO BE ENTITLED

AN ACT

relating to the continuation and functions of the Texas Youth Commission and the creation of the juvenile justice improvement plan committee.

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

SECTION 1. Section 61.020, Human Resources Code, is amended to read as follows:

Sec. 61.020. SUNSET PROVISION. The Texas Youth Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2015 [2009].

SECTION 2. Subchapter D, Chapter 61, Human Resources Code, is amended by adding Section 61.067 to read as follows:

Sec. 61.067. INFORMATION PROVIDED TO CONVICTING COURT. (a) At the request of a court that commits a child to the commission, the commission shall provide the court with periodic updates on the progress the child is making while committed to the commission.

(b) A report provided under Subsection (a) may include any information the commission determines to be relevant in evaluating the child's progress, including, as applicable, information concerning the child's treatment, education, and health.

(c) A report provided under this section may not include information that is protected from disclosure under state or federal law.

SECTION 3. Subtitle A, Title 3, Human Resources Code, is amended by adding Chapter 65 to read as follows:

CHAPTER 65. JUVENILE JUSTICE IMPROVEMENT PLAN

Sec. 65.001. DEFINITIONS. In this chapter:

(1) "Committee" means the juvenile justice improvement plan committee established under Section 65.002.

(2) "Plan" means the comprehensive juvenile justice improvement plan developed by the committee under Section 65.003(a).

Sec. 65.002. COMPOSITION OF COMMITTEE; PRESIDING OFFICERS. (a) The juvenile justice improvement plan committee is established.

(b) The executive commissioner of the Texas Youth Commission and the executive director of the Texas Juvenile Probation Commission are co-presiding officers of the committee.

(c) The executive commissioner of the Texas Youth Commission and the executive director of the Texas Juvenile Probation Commission shall each appoint four members to the committee. The executive commissioner and executive director shall each appoint:

(1) one committee member who represents the interests of a local juvenile probation department;

(2) one committee member who represents the interests of juvenile offenders;

(3) one committee member who represents the interests of the families of juvenile offenders; and

(4) one committee member who represents an organization that advocates on behalf of juvenile offenders, the families of juvenile offenders, or the victims of delinquent or criminal conduct.

Sec. 65.003. DEVELOPMENT OF PLAN. (a) Not later than June 1, 2010, the committee shall:

(1) develop a comprehensive juvenile justice improvement plan for fiscal years 2011-2015; and

(2) deliver a copy of the plan to and accept comments and review of the plan from:

(A) the governor;

(B) the lieutenant governor;

(C) the speaker of the house of representatives; and

(D) the Criminal Justice Legislative Oversight Committee.

(b) The committee is not obligated to make changes to the plan as a result of receiving review and comments under Subsection (a)(2).

(c) The committee shall annually review and update the plan.

Sec. 65.004. PLAN COMPONENT: JUVENILE JUSTICE FACILITIES. (a) The comprehensive juvenile justice improvement plan must include a master plan for the operation of secure correctional facilities operated by the Texas Youth Commission. The committee shall evaluate state and county infrastructure to determine the number of beds needed in secure correctional facilities.

(b) The master plan developed under Subsection (a), taking into consideration the timing and cost of relocating or closing any facilities operated on September 1, 2009, by the Texas Youth Commission, must identify:

(1) which facilities, if any, operated by the Texas Youth Commission should be closed; and

(2) which areas of the state, if any, lack a sufficient number of locally operated secure or nonsecure correctional facilities.

(c) The committee shall develop the master plan to achieve the following goals:

(1) to the maximum extent possible, reserving facilities operated by or under contract with the state for higher risk juveniles;

(2) increasing reliance on alternatives to secure placement, except when secure placement is necessary to address adequately a juvenile offender's treatment needs or prevent the juvenile offender from reoffending;

(3) serving juveniles in settings that are as close to the juveniles' homes as possible;

(4) using facility and program designs proven to be most effective in rehabilitating juveniles;

(5) locating facilities as geographically close as possible to necessary workforce and other services; and

(6) developing county centers or consortiums that enhance county collaboration.

Sec. 65.005. PLAN COMPONENT: DATA SHARING. The comprehensive juvenile justice improvement plan must include a specific process and procedures for:

(1) developing shared data systems for agencies of this state that serve youth, including the Texas Youth Commission, the Texas Juvenile Probation Commission, the Department of Family and Protective Services, the Department of State Health Services, the Health and Human Services Commission, and the Texas Education Agency; and

(2) to the maximum extent allowed by state and federal law, improving access by those agencies to educational and mental health records for juveniles who are placed on probation or committed to the custody of the state.

Sec. 65.006. PLAN COMPONENT: PROGRAMS, SERVICES, AND REENTRY PLANNING. The comprehensive juvenile justice improvement plan must include a specific process and procedures and, if appropriate, a policy for:

(1) routinely assessing the risk and needs of juveniles in this state who are placed on juvenile probation or committed to the custody of the state;

(2) developing or improving validated risks and needs assessments and policies to assess juveniles at crucial points in the juvenile justice system, including:

(A) before adjudication of a juvenile's case;

(B) on commitment of a juvenile to the custody of the state; and

(C) at release from a correctional facility or on the termination of control by the state;

(3) ensuring that a juvenile's minimum length of stay and placement in a particular facility directly address the identified needs of the juvenile;

(4) establishing timelines to identify and implement state and local programs for community supervision, local placement, and state commitment that have proven to be effective;

(5) providing training concerning the programs described by Subdivision (4) to state and local personnel;

(6) improving reentry into the community for juveniles exiting the juvenile justice system at the state or local level;

(7) increasing the use of the Texas Correctional Office on Offenders with Medical or Mental Impairments, community resource coordination groups, and other community resources for juveniles on parole or probation; and

(8) ensuring that youth exiting state commitment or extended probation placements have the appropriate personal identification and service referrals to ensure the delivery of essential services, including mental health treatment, to them without delay on their return to the community.

Sec. 65.007. PLAN COMPONENT: PERFORMANCE MEASUREMENT. (a) The comprehensive juvenile justice improvement plan must include the development of a comprehensive system to measure the performance of the entire juvenile justice system in this state. The system must include performance measures that show the costs of different levels of supervision and treatment to enable identification of the most cost-effective programs.

(b) The committee shall consult with the Legislative Budget Board and the budget, planning, and policy division of the governor's office in developing the comprehensive system to measure performance under Subsection (a).

Sec. 65.008. EXPIRATION. This chapter expires December 31, 2015.

SECTION 4. This Act takes effect September 1, 2009.