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A BILL TO BE ENTITLED
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AN ACT
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relating to the maximum age of commitment of certain juveniles to |
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the Texas Youth Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.079(a), Human Resources Code, is |
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amended to read as follows: |
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(a) After a child sentenced to commitment under Section |
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54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years |
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of age but before the child becomes 21 [19] years of age, the
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commission may refer the child to the juvenile court that entered |
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the order of commitment for approval of the child's transfer to the |
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Texas Department of Criminal Justice for confinement if: |
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(1) the child has not completed the sentence; and |
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(2) the child's conduct, regardless of whether the |
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child was released under supervision under Section 61.081, |
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indicates that the welfare of the community requires the transfer. |
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SECTION 2. Subchapter F, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.0817 to read as follows: |
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Sec. 61.0817. EXTENSION ORDER FOR CERTAIN PERSONS IN |
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COMMISSION PROGRAMS. (a) Not more than six months before the 19th |
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birthday of a person who has been committed to the commission with a |
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determinate sentence, the commission may refer the person to the |
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committing juvenile court for a hearing to determine whether to |
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extend the term of the person's commitment to the commission, for |
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the purpose of continuing in a commission program after the |
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person's 19th birthday until the earlier of: |
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(1) the date the person completes the program; |
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(2) the date the person's term of sentence under the |
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order of commitment is complete; or |
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(3) the person's 21st birthday. |
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(b) The court may order a person to remain in the custody of |
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the commission as provided by Subsection (a) only if after the |
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hearing the court finds that: |
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(1) the person is in need of additional rehabilitation |
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from the commission; |
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(2) the commission will provide the most suitable |
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environment for that rehabilitation; and |
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(3) the person's conduct more likely than not |
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indicates that the welfare of the community does not require the |
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person's transfer to the Texas Department of Criminal Justice. |
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SECTION 3. Section 61.084(g), Human Resources Code, is |
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amended to read as follows: |
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(g) The commission shall transfer a person who has been |
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sentenced under a determinate sentence to commitment under Section |
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54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been |
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returned to the commission under Section 54.11(i)(1), Family Code, |
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to the custody of the Texas Department of Criminal Justice [on the |
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person's 19th birthday], if the person has not already been
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discharged or transferred, to serve the remainder of the person's |
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sentence on parole as provided by Section 508.156, Government Code: |
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(1) on the person's 19th birthday, if the court has not |
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extended the person's term of commitment to the commission under |
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Section 61.0817; or |
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(2) on or before the person's 21st birthday, if the |
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court has extended the person's term of commitment to the |
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commission under Section 61.0817.
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SECTION 4. Sections 61.079 and 61.084, Human Resources |
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Code, as amended by this Act, and Section 61.0817, Human Resources |
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Code, as added by this Act, apply only to conduct that occurs on or |
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after the effective date of this Act. Conduct that occurs before |
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the effective date of this Act is covered by the law in effect when |
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the conduct occurred, and the former law is continued in effect for |
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that purpose. For purposes of this subsection, conduct violating a |
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penal law of this state occurred before the effective date of this |
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Act if any element of the violation occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |