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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Youth |
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Commission and the creation of the juvenile justice improvement |
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plan committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.020, Human Resources Code, is amended |
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to read as follows: |
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Sec. 61.020. SUNSET PROVISION. The Texas Youth Commission |
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is subject to Chapter 325, Government Code (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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commission is abolished and this chapter expires September 1, 2015 |
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[2009]. |
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SECTION 2. Subchapter D, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.067 to read as follows: |
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Sec. 61.067. INFORMATION PROVIDED TO CONVICTING COURT. (a) |
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At the request of a court that commits a child to the commission, |
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the commission shall provide the court with periodic updates on the |
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progress the child is making while committed to the commission. |
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(b) A report provided under Subsection (a) may include any |
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information the commission determines to be relevant in evaluating |
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the child's progress, including, as applicable, information |
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concerning the child's treatment, education, and health. |
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(c) A report provided under this section may not include |
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information that is protected from disclosure under state or |
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federal law. |
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SECTION 3. Subtitle A, Title 3, Human Resources Code, is |
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amended by adding Chapter 65 to read as follows: |
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CHAPTER 65. JUVENILE JUSTICE IMPROVEMENT PLAN |
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Sec. 65.001. DEFINITIONS. In this chapter: |
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(1) "Committee" means the juvenile justice |
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improvement plan committee established under Section 65.002. |
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(2) "Plan" means the comprehensive juvenile justice |
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improvement plan developed by the committee under Section |
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65.003(a). |
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Sec. 65.002. COMPOSITION OF COMMITTEE; PRESIDING OFFICERS. |
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(a) The juvenile justice improvement plan committee is |
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established. |
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(b) The executive commissioner of the Texas Youth |
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Commission and the executive director of the Texas Juvenile |
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Probation Commission are co-presiding officers of the committee. |
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(c) The executive commissioner of the Texas Youth |
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Commission and the executive director of the Texas Juvenile |
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Probation Commission shall each appoint four members to the |
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committee. The executive commissioner and executive director shall |
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each appoint: |
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(1) one committee member who represents the interests |
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of a local juvenile probation department; |
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(2) one committee member who represents the interests |
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of juvenile offenders; |
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(3) one committee member who represents the interests |
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of the families of juvenile offenders; and |
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(4) one committee member who represents an |
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organization that advocates on behalf of juvenile offenders, the |
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families of juvenile offenders, or the victims of delinquent or |
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criminal conduct. |
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Sec. 65.003. DEVELOPMENT OF PLAN. (a) Not later than June |
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1, 2010, the committee shall: |
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(1) develop a comprehensive juvenile justice |
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improvement plan for fiscal years 2011-2015; and |
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(2) deliver a copy of the plan to and accept comments |
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and review of the plan from: |
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(A) the governor; |
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(B) the lieutenant governor; |
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(C) the speaker of the house of representatives; |
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and |
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(D) the Criminal Justice Legislative Oversight |
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Committee. |
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(b) The committee is not obligated to make changes to the |
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plan as a result of receiving review and comments under Subsection |
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(a)(2). |
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(c) The committee shall annually review and update the plan. |
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Sec. 65.004. PLAN COMPONENT: JUVENILE JUSTICE FACILITIES. |
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(a) The comprehensive juvenile justice improvement plan must |
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include a master plan for the operation of secure correctional |
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facilities operated by the Texas Youth Commission. The committee |
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shall evaluate state and county infrastructure to determine the |
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number of beds needed in secure correctional facilities. |
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(b) The master plan developed under Subsection (a), taking |
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into consideration the timing and cost of relocating or closing any |
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facilities operated on September 1, 2009, by the Texas Youth |
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Commission, must identify: |
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(1) which facilities, if any, operated by the Texas |
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Youth Commission should be closed; and |
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(2) which areas of the state, if any, lack a sufficient |
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number of locally operated secure or nonsecure correctional |
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facilities. |
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(c) The committee shall develop the master plan to achieve |
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the following goals: |
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(1) to the maximum extent possible, reserving |
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facilities operated by or under contract with the state for higher |
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risk juveniles; |
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(2) increasing reliance on alternatives to secure |
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placement, except when secure placement is necessary to address |
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adequately a juvenile offender's treatment needs or prevent the |
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juvenile offender from reoffending; |
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(3) serving juveniles in settings that are as close to |
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the juveniles' homes as possible; |
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(4) using facility and program designs proven to be |
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most effective in rehabilitating juveniles; |
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(5) locating facilities as geographically close as |
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possible to necessary workforce and other services; and |
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(6) developing county centers or consortiums that |
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enhance county collaboration. |
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Sec. 65.005. PLAN COMPONENT: DATA SHARING. The |
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comprehensive juvenile justice improvement plan must include a |
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specific process and procedures for: |
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(1) developing shared data systems for agencies of |
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this state that serve youth, including the Texas Youth Commission, |
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the Texas Juvenile Probation Commission, the Department of Family |
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and Protective Services, the Department of State Health Services, |
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the Health and Human Services Commission, and the Texas Education |
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Agency; and |
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(2) to the maximum extent allowed by state and federal |
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law, improving access by those agencies to educational and mental |
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health records for juveniles who are placed on probation or |
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committed to the custody of the state. |
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Sec. 65.006. PLAN COMPONENT: PROGRAMS, SERVICES, AND |
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REENTRY PLANNING. The comprehensive juvenile justice improvement |
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plan must include a specific process and procedures and, if |
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appropriate, a policy for: |
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(1) routinely assessing the risk and needs of |
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juveniles in this state who are placed on juvenile probation or |
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committed to the custody of the state; |
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(2) developing or improving validated risks and needs |
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assessments and policies to assess juveniles at crucial points in |
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the juvenile justice system, including: |
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(A) before adjudication of a juvenile's case; |
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(B) on commitment of a juvenile to the custody of |
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the state; and |
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(C) at release from a correctional facility or on |
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the termination of control by the state; |
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(3) ensuring that a juvenile's minimum length of stay |
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and placement in a particular facility directly address the |
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identified needs of the juvenile; |
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(4) establishing timelines to identify and implement |
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state and local programs for community supervision, local |
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placement, and state commitment that have proven to be effective; |
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(5) providing training concerning the programs |
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described by Subdivision (4) to state and local personnel; |
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(6) improving reentry into the community for juveniles |
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exiting the juvenile justice system at the state or local level; |
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(7) increasing the use of the Texas Correctional |
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Office on Offenders with Medical or Mental Impairments, community |
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resource coordination groups, and other community resources for |
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juveniles on parole or probation; and |
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(8) ensuring that youth exiting state commitment or |
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extended probation placements have the appropriate personal |
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identification and service referrals to ensure the delivery of |
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essential services, including mental health treatment, to them |
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without delay on their return to the community. |
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Sec. 65.007. PLAN COMPONENT: PERFORMANCE MEASUREMENT. (a) |
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The comprehensive juvenile justice improvement plan must include |
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the development of a comprehensive system to measure the |
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performance of the entire juvenile justice system in this state. |
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The system must include performance measures that show the costs of |
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different levels of supervision and treatment to enable |
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identification of the most cost-effective programs. |
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(b) The committee shall consult with the Legislative Budget |
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Board and the budget, planning, and policy division of the |
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governor's office in developing the comprehensive system to measure |
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performance under Subsection (a). |
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Sec. 65.008. EXPIRATION. This chapter expires December 31, |
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2015. |
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SECTION 4. This Act takes effect September 1, 2009. |