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A BILL TO BE ENTITLED
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AN ACT
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relating to community-based programs for juveniles in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.024(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The commission shall report annually to the governor and |
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the legislature on the commission's operations and the condition of |
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probation services in the state during the previous year. The |
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report: |
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(1) may include recommendations; and |
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(2) must include: |
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(A) an evaluation of the effectiveness of the |
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community-based programs operated under Section 54.0401, Family |
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Code, and the community corrections pilot programs implemented |
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under Section 141.087; and |
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(B) information comparing the cost of a child |
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participating in a program described by Paragraph (A) with the cost |
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of committing the child to the Texas Youth Commission. |
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SECTION 2. Subchapter E, Chapter 141, Human Resources Code, |
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is amended by adding Section 141.087 to read as follows: |
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Sec. 141.087. COMMUNITY CORRECTIONS PILOT PROGRAM IN |
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CERTAIN COUNTIES. (a) This section applies only to a county that |
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has a population of at least 335,000. |
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(b) The commission and the Texas Youth Commission shall |
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establish guidelines for the implementation of community |
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corrections pilot programs to provide an array of rehabilitation |
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services for juvenile offenders, including juvenile delinquency |
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prevention services and substance abuse and mental health treatment |
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services. Instead of ordering commitment to the Texas Youth |
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Commission under Section 54.04(d)(2), Family Code, a juvenile court |
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of a county to which this section applies may require a child to |
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participate in a community corrections pilot program if the child |
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was found to have engaged in delinquent conduct that: |
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(1) violates a penal law of the grade of felony under |
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Title 7, Penal Code, or Chapter 481, Health and Safety Code; and |
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(2) did not involve the use of force or the threat of |
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force against another person, including the use or exhibition of a |
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deadly weapon. |
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(c) A juvenile board in a county to which this section |
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applies may apply to the commission for a grant to implement a |
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community corrections pilot program in the county. |
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(d) The commission, in cooperation with the Texas Youth |
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Commission, shall adopt rules that govern: |
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(1) the administration and operation of a community |
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corrections pilot program by a juvenile board; and |
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(2) the process by which a juvenile board may apply to |
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the commission for a grant to implement a community corrections |
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pilot program. |
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(e) A juvenile board that receives a grant under this |
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section receives the grant in addition to any state aid that is |
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otherwise allocated to the county served by the juvenile board for |
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the provision of juvenile probation services. |
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(f) A juvenile board that receives a grant under this |
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section shall annually, and at the request of the director, report |
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to the commission concerning the implementation, |
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cost-effectiveness, and success rate of a community corrections |
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pilot program implemented under this section. |
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(g) The commission shall, not later than January 1 of each |
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odd-numbered year, submit a report concerning the implementation, |
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cost-effectiveness, and success rates of community corrections |
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pilot programs implemented by juvenile boards under this section |
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to: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; and |
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(4) the standing committee in the senate and the house |
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of representatives that has primary jurisdiction over the |
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commission. |
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(h) The report submitted under Subsection (g) must contain |
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recommendations as to whether any of the community corrections |
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pilot programs implemented by juvenile boards under this section |
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should be implemented on a statewide basis. |
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SECTION 3. (a) The Texas Juvenile Probation Commission |
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shall adopt rules governing the administration and operation of |
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community corrections pilot programs under Section 141.087, Human |
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Resources Code, as added by this Act, including rules governing the |
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process by which a juvenile board may apply to the Texas Juvenile |
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Probation Commission for a grant, not later than January 1, 2010. |
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(b) The change in law made by Section 141.087, Human |
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Resources Code, as added by this Act, applies only to conduct that |
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occurs on or after the effective date of this Act. Conduct that |
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occurs before the effective date of this Act is covered by the law |
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in effect when the conduct occurred, and the former law is continued |
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in effect for that purpose. For purposes of this subsection, |
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conduct violating a penal law of this state occurred before the |
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effective date of this Act if any element of the violation occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |