By: West S.B. No. 1374

(In the Senate - Filed March 4, 2009; March 17, 2009, read first time and referred to Committee on Criminal Justice; April 17, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 17, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1374 By: Ellis

A BILL TO BE ENTITLED

AN ACT

relating to community-based programs for juveniles in certain counties.

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

SECTION 1. Subsection (a), Section 141.024, Human Resources Code, is amended to read as follows:

(a) The commission shall report annually to the governor and the legislature on the commission's operations and the condition of probation services in the state during the previous year. The report:

(1) may include recommendations; and

(2) must include:

(A) an evaluation of the effectiveness of the community-based programs operated under Section 54.0401, Family Code, and the community corrections pilot programs implemented under Section 141.087; and

(B) information comparing the cost of a child participating in a program described by Paragraph (A) with the cost of committing the child to the Texas Youth Commission.

SECTION 2. Subchapter E, Chapter 141, Human Resources Code, is amended by adding Section 141.087 to read as follows:

Sec. 141.087. COMMUNITY CORRECTIONS PILOT PROGRAM IN CERTAIN COUNTIES. (a) This section applies only to a county that has a population of at least 335,000.

(b) The commission and the Texas Youth Commission shall establish guidelines for the implementation of community corrections pilot programs to provide an array of rehabilitation services for juvenile offenders, including juvenile delinquency prevention services and substance abuse and mental health treatment services. Instead of ordering commitment to the Texas Youth Commission under Section 54.04(d)(2), Family Code, a juvenile court of a county to which this section applies may require a child to participate in a community corrections pilot program if the child was found to have engaged in delinquent conduct that violates a penal law of the grade of felony under Title 7, Penal Code, or Chapter 481, Health and Safety Code.

(c) A juvenile board in a county to which this section applies may apply to the commission for a grant to implement a community corrections pilot program in the county.

(d) The commission, in cooperation with the Texas Youth Commission, shall adopt rules that govern:

(1) the administration and operation of a community corrections pilot program by a juvenile board; and

(2) the process by which a juvenile board may apply to the commission for a grant to implement a community corrections pilot program.

(e) A juvenile board that receives a grant under this section receives the grant in addition to any state aid that is otherwise allocated to the county served by the juvenile board for the provision of juvenile probation services.

(f) A juvenile board that receives a grant under this section shall annually, and at the request of the director, report to the commission concerning the implementation, cost-effectiveness, and success rate of a community corrections pilot program implemented under this section.

(g) The commission shall, not later than January 1 of each odd-numbered year, submit a report concerning the implementation, cost-effectiveness, and success rates of community corrections pilot programs implemented by juvenile boards under this section to:

(1) the governor;

(2) the lieutenant governor;

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

(4) the standing committee in the senate and the house of representatives that has primary jurisdiction over the commission.

(h) The report submitted under Subsection (g) must contain recommendations as to whether any of the community corrections pilot programs implemented by juvenile boards under this section should be implemented on a statewide basis.

SECTION 3. (a) The Texas Juvenile Probation Commission shall adopt rules governing the administration and operation of community corrections pilot programs under Section 141.087, Human Resources Code, as added by this Act, including rules governing the process by which a juvenile board may apply to the Texas Juvenile Probation Commission for a grant, not later than January 1, 2010.

(b) The change in law made by Section 141.087, Human Resources Code, as added by this Act, applies only to conduct that occurs on or after the effective date of this Act. Conduct that occurs before the effective date of this Act is covered by the law in effect when the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this subsection, conduct violating a penal law of this state occurred before the effective date of this Act if any element of the violation occurred before that date.

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

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