SECTION 2. Section 54.04,
Family Code, is amended by amending Subsections (d) and (q) and adding
Subsection (z) to read as follows:
(d) If the court or jury
makes the finding specified in Subsection (c) allowing the court to make a
disposition in the case:
(1) the court or jury may,
in addition to any order required or authorized under Section 54.041 or
54.042, place the child on probation on such reasonable and lawful terms as
the court may determine:
(A) in the child's own home
or in the custody of a relative or other fit person; or
(B) subject to the finding
under Subsection (c) on the placement of the child outside the child's
home, in:
(i) a suitable foster home;
(ii) a suitable public or
private residential treatment facility licensed by a state governmental
entity or exempted from licensure by state law, except a facility operated
by the Texas Juvenile Justice Department [Youth Commission];
or
(iii) a suitable public or
private post-adjudication secure correctional facility that meets the
requirements of Section 51.125, except a facility operated by the Texas Juvenile
Justice Department [Youth Commission];
(2) if the court or jury
found at the conclusion of the adjudication hearing that the child engaged
in delinquent conduct that violates a penal law of this state or the United
States of the grade of felony and if the petition was not approved by the
grand jury under Section 53.045, the court may commit the child to the
Texas Juvenile Justice Department or a post-adjudication secure
correctional facility under Section 54.04011(c)(1) [Youth Commission]
without a determinate sentence;
(3) if the court or jury
found at the conclusion of the adjudication hearing that the child engaged
in delinquent conduct that included a violation of a penal law listed in
Section 53.045(a) and if the petition was approved by the grand jury under
Section 53.045, the court or jury may sentence the child to commitment in
the Texas Juvenile Justice Department or a post-adjudication secure
correctional facility under Section 54.04011(c)(2) [Youth Commission]
with a possible transfer to the Texas Department of Criminal Justice for a
term of:
(A) not more than 40 years if
the conduct constitutes:
(i) a capital felony;
(ii) a felony of the first
degree; or
(iii) an aggravated
controlled substance felony;
(B) not more than 20 years if
the conduct constitutes a felony of the second degree; or
(C) not more than 10 years if
the conduct constitutes a felony of the third degree;
(4) the court may assign the
child an appropriate sanction level and sanctions as provided by the
assignment guidelines in Section 59.003; or
(5) if applicable, the court
or jury may make a disposition under Subsection (m) or Section
54.04011(c)(2)(A).
(q) If a court or jury
sentences a child to commitment in the Texas Juvenile Justice Department
or a post-adjudication secure correctional facility [Youth Commission]
under Subsection (d)(3) for a term of not more than 10 years, the court or
jury may place the child on probation under Subsection (d)(1) as an
alternative to making the disposition under Subsection (d)(3). The court
shall prescribe the period of probation ordered under this subsection for a
term of not more than 10 years. The court may, before the sentence of
probation expires, extend the probationary period under Section 54.05,
except that the sentence of probation and any extension may not exceed 10
years. The court may, before the child's 19th birthday, discharge the
child from the sentence of probation. If a sentence of probation ordered
under this subsection and any extension of probation ordered under Section
54.05 will continue after the child's 19th birthday, the court shall
discharge the child from the sentence of probation on the child's 19th
birthday unless the court transfers the child to an appropriate district
court under Section 54.051.
(z) Nothing in this
section may be construed to prohibit a juvenile court or jury to which
Section 54.04011 applies from committing a child to a post-adjudication
secure correctional facility in accordance with that section after a
disposition hearing held in accordance with this section.
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SECTION 2. Section 54.04,
Family Code, is amended by amending Subsections (d) and (q) and adding
Subsection (z) to read as follows:
(d) If the court or jury
makes the finding specified in Subsection (c) allowing the court to make a
disposition in the case:
(1) the court or jury may,
in addition to any order required or authorized under Section 54.041 or
54.042, place the child on probation on such reasonable and lawful terms as
the court may determine:
(A) in the child's own home
or in the custody of a relative or other fit person; or
(B) subject to the finding
under Subsection (c) on the placement of the child outside the child's
home, in:
(i) a suitable foster home;
(ii) a suitable public or
private residential treatment facility licensed by a state governmental entity
or exempted from licensure by state law, except a facility operated by the
Texas Juvenile Justice Department [Youth Commission]; or
(iii) a suitable public or
private post-adjudication secure correctional facility that meets the
requirements of Section 51.125, except a facility operated by the Texas Juvenile
Justice Department [Youth Commission];
(2) if the court or jury
found at the conclusion of the adjudication hearing that the child engaged
in delinquent conduct that violates a penal law of this state or the United
States of the grade of felony and if the petition was not approved by the
grand jury under Section 53.045, the court may commit the child to the
Texas Juvenile Justice Department or a post-adjudication secure
correctional facility under Section 54.04011(c)(1) [Youth Commission]
without a determinate sentence;
(3) if the court or jury
found at the conclusion of the adjudication hearing that the child engaged
in delinquent conduct that included a violation of a penal law listed in
Section 53.045(a) and if the petition was approved by the grand jury under
Section 53.045, the court or jury may sentence the child to commitment in
the Texas Juvenile Justice Department or a post-adjudication secure
correctional facility under Section 54.04011(c)(2) [Youth Commission]
with a possible transfer to the Texas Department of Criminal Justice for a
term of:
(A) not more than 40 years if
the conduct constitutes:
(i) a capital felony;
(ii) a felony of the first
degree; or
(iii) an aggravated
controlled substance felony;
(B) not more than 20 years if
the conduct constitutes a felony of the second degree; or
(C) not more than 10 years if
the conduct constitutes a felony of the third degree;
(4) the court may assign the
child an appropriate sanction level and sanctions as provided by the
assignment guidelines in Section 59.003; or
(5) if applicable, the court
or jury may make a disposition under Subsection (m) or Section
54.04011(c)(2)(A).
(q) If a court or jury
sentences a child to commitment in the Texas Juvenile Justice Department
or a post-adjudication secure correctional facility [Youth
Commission] under Subsection (d)(3) for a term of not more than 10
years, the court or jury may place the child on probation under Subsection
(d)(1) as an alternative to making the disposition under Subsection
(d)(3). The court shall prescribe the period of probation ordered under
this subsection for a term of not more than 10 years. The court may,
before the sentence of probation expires, extend the probationary period under
Section 54.05, except that the sentence of probation and any extension may
not exceed 10 years. The court may, before the child's 19th birthday,
discharge the child from the sentence of probation. If a sentence of
probation ordered under this subsection and any extension of probation
ordered under Section 54.05 will continue after the child's 19th birthday,
the court shall discharge the child from the sentence of probation on the
child's 19th birthday unless the court transfers the child to an appropriate
district court under Section 54.051.
(z) Nothing in this
section may be construed to prohibit a juvenile court or jury in a county to which Section 54.04011
applies from committing a child to a post-adjudication secure correctional
facility in accordance with that section after a disposition hearing held
in accordance with this section.
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SECTION 3. Chapter 54, Family
Code, is amended by adding Section 54.04011 to read as follows:
Sec. 54.04011. COMMITMENT
TO POST-ADJUDICATION SECURE CORRECTIONAL FACILITY.
(a) This section applies only to a county that has a population of
at least 335,000.
(b) In this section,
"post-adjudication secure correctional facility" means a facility
operated by or under contract with a juvenile board or local juvenile
probation department under Section 152.0016, Human Resources Code.
(c) After a disposition
hearing held in accordance with Section 54.04, the juvenile court of a
county to which this section applies may commit a child who is found to
have engaged in delinquent conduct that constitutes a felony to a
post-adjudication secure correctional facility:
(1) without a determinate
sentence, if:
(A) the child is found to
have engaged in conduct that violates a penal law of the grade of felony
and the petition was not approved by the grand jury under Section 53.045;
(B) the child is found to
have engaged in conduct that violates a penal law of the grade of felony
and the petition was approved by the grand jury under Section 53.045 but
the court or jury does not make the finding described by Section
54.04(m)(2); or
(C) the disposition is
modified under Section 54.05(f); or
(2) with a determinate
sentence, if:
(A) the child is found to
have engaged in conduct that included a violation of a penal law listed in
Section 53.045 or that is considered habitual felony conduct as described
by Section 51.031, the petition was approved by the grand jury under
Section 53.045, and, if applicable, the court or jury makes the finding
described by Section 54.04(m)(2); or
(B) the disposition is
modified under Section 54.05(f).
(d) Nothing in this
section may be construed to prohibit:
(1) a juvenile court or
jury from making a disposition under Section 54.04, including:
(A) placing a child on
probation on such reasonable and lawful terms as the court may determine,
including placement in a public or private post-adjudication secure
correctional facility under Section 54.04(d)(1)(B)(iii); or
(B) placing a child
adjudicated under Section 54.04(d)(3) or (m) on probation for a term of not
more than 10 years, as provided in Section 54.04(q); or
(2) the attorney
representing the state from filing a motion concerning a child who has been
placed on probation under Section 54.04(q) or the juvenile court from
holding a hearing under Section 54.051(a).
(e) The provisions of 37
T.A.C. Section 343.610 do not apply to this section.
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SECTION 3. Chapter 54, Family
Code, is amended by adding Section 54.04011 to read as follows:
Sec. 54.04011. COMMITMENT
TO POST-ADJUDICATION SECURE CORRECTIONAL FACILITY.
(a) In this section,
"post-adjudication secure correctional facility" means a facility
operated by or under contract with a juvenile board or local juvenile
probation department under Section 152.0016, Human Resources Code.
(b) This section applies only to a county in which the juvenile
board or local juvenile probation department operates or contracts for the
operation of a post-adjudication secure correctional facility.
(c) After a disposition
hearing held in accordance with Section 54.04, the juvenile court of a
county to which this section applies may commit a child who is found to
have engaged in delinquent conduct that constitutes a felony to a
post-adjudication secure correctional facility:
(1) without a determinate
sentence, if:
(A) the child is found to
have engaged in conduct that violates a penal law of the grade of felony
and the petition was not approved by the grand jury under Section 53.045;
(B) the child is found to
have engaged in conduct that violates a penal law of the grade of felony
and the petition was approved by the grand jury under Section 53.045 but
the court or jury does not make the finding described by Section
54.04(m)(2); or
(C) the disposition is
modified under Section 54.05(f); or
(2) with a determinate
sentence, if:
(A) the child is found to
have engaged in conduct that included a violation of a penal law listed in
Section 53.045 or that is considered habitual felony conduct as described
by Section 51.031, the petition was approved by the grand jury under
Section 53.045, and, if applicable, the court or jury makes the finding
described by Section 54.04(m)(2); or
(B) the disposition is
modified under Section 54.05(f).
(d) Nothing in this
section may be construed to prohibit:
(1) a juvenile court or
jury from making a disposition under Section 54.04, including:
(A) placing a child on
probation on such reasonable and lawful terms as the court may determine,
including placement in a public or private post-adjudication secure
correctional facility under Section 54.04(d)(1)(B)(iii); or
(B) placing a child
adjudicated under Section 54.04(d)(3) or (m) on probation for a term of not
more than 10 years, as provided in Section 54.04(q); or
(2) the attorney
representing the state from filing a motion concerning a child who has been
placed on probation under Section 54.04(q) or the juvenile court from
holding a hearing under Section 54.051(a).
(e) The provisions of 37
T.A.C. Section 343.610 do not apply to this section.
(f) This section expires on December 31, 2018.
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SECTION 9. Subsection (b),
Section 841.003, Health and Safety Code, is amended to read as follows:
(b) A person is a repeat
sexually violent offender for the purposes of this chapter if the person is
convicted of more than one sexually violent offense and a sentence is
imposed for at least one of the offenses or if:
(1) the person:
(A) is convicted of a
sexually violent offense, regardless of whether the sentence for the
offense was ever imposed or whether the sentence was probated and the
person was subsequently discharged from community supervision;
(B) enters a plea of guilty
or nolo contendere for a sexually violent offense in return for a grant of
deferred adjudication;
(C) is adjudged not guilty by
reason of insanity of a sexually violent offense; or
(D) is adjudicated by a
juvenile court as having engaged in delinquent conduct constituting a
sexually violent offense and is committed to the Texas Juvenile Justice
Department [Youth Commission] under Section 54.04(d)(3) or (m),
Family Code, or to a post-adjudication
secure correctional facility under Section 54.04011(c)(2), Family Code;
and
(2) after the date on which
under Subdivision (1) the person is convicted, receives a grant of deferred
adjudication, is adjudged not guilty by reason of insanity, or is
adjudicated by a juvenile court as having engaged in delinquent conduct,
the person commits a sexually violent offense for which the person:
(A) is convicted, but only if
the sentence for the offense is imposed; or
(B) is adjudged not guilty by
reason of insanity.
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SECTION 9. Subsection (b),
Section 841.003, Health and Safety Code, is amended to read as follows:
(b) A person is a repeat
sexually violent offender for the purposes of this chapter if the person is
convicted of more than one sexually violent offense and a sentence is
imposed for at least one of the offenses or if:
(1) the person:
(A) is convicted of a
sexually violent offense, regardless of whether the sentence for the
offense was ever imposed or whether the sentence was probated and the
person was subsequently discharged from community supervision;
(B) enters a plea of guilty
or nolo contendere for a sexually violent offense in return for a grant of
deferred adjudication;
(C) is adjudged not guilty by
reason of insanity of a sexually violent offense; or
(D) is adjudicated by a
juvenile court as having engaged in delinquent conduct constituting a
sexually violent offense and is committed to the Texas Juvenile Justice
Department [Youth Commission] under Section 54.04(d)(3) or (m),
Family Code; and
(2) after the date on which
under Subdivision (1) the person is convicted, receives a grant of deferred
adjudication, is adjudged not guilty by reason of insanity, or is
adjudicated by a juvenile court as having engaged in delinquent conduct,
the person commits a sexually violent offense for which the person:
(A) is convicted, but only if
the sentence for the offense is imposed; or
(B) is adjudged not guilty by
reason of insanity.
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SECTION 10. Subchapter A,
Chapter 152, Human Resources Code, is amended by adding Section 152.0016 to
read as follows:
Sec. 152.0016.
POST-ADJUDICATION SECURE CORRECTIONAL FACILITIES; RELEASE UNDER
SUPERVISION. (a) This section applies only to a county that has a
population of at least 335,000.
(b) In this section,
"post-adjudication secure correctional facility" means a facility
operated by or under contract with a juvenile board or local juvenile
probation department in accordance with Section 51.125, Family Code.
(c) A juvenile board or a
local juvenile probation department that serves a county to which this
section applies may:
(1) operate or contract
for the operation of a post-adjudication secure correctional facility to
confine children committed to the facility under Section 54.04011, Family
Code; and
(2) operate a program
through which a child committed to a post-adjudication secure correctional
facility under Section 54.04011, Family Code, may be released under
supervision and place the child in the child's home or in any situation or
family approved by the juvenile board or local juvenile probation
department.
(d) Before placing a child
in the child's home under Subsection (c)(2), the juvenile board or local
juvenile probation department shall evaluate the home setting to determine
the level of supervision and quality of care that is available in the home.
(e) A juvenile board or a
local juvenile probation department shall accept a person properly
committed to it by a juvenile court under Section 54.04011, Family Code, in
the same manner in which the Texas Juvenile Justice Department accepts a
person under Section 54.04(e), Family Code, even though the person may be
17 years of age or older at the time of the commitment.
(f) A juvenile board or a
local juvenile probation department shall establish a minimum length of
stay for each child committed without a determinate sentence under Section
54.04011(c)(1), Family Code, in the same manner that the Texas Juvenile
Justice Department determines a minimum length of stay for a child
committed to the department under Section 243.002.
(g) Except as provided by
Subsection (h), if a child is committed to a post-adjudication secure
correctional facility under Section 54.04011(c)(2), Family Code, the local
juvenile probation department may not release the child under supervision
without approval by the juvenile court that entered the order of commitment
under Section 54.04011, Family Code, unless the child has been confined not
less than:
(1) 10 years for capital
murder;
(2) three years for an
aggravated controlled substance felony or a felony of the first degree;
(3) two years for a felony
of the second degree; and
(4) one year for a felony
of the third degree.
(h) The juvenile board or
local juvenile probation department may release a child who has been
committed to a post-adjudication secure correctional facility with a
determinate sentence under Section 54.04011(c)(2), Family Code, under
supervision without approval of the juvenile court that entered the order
of commitment if not more than nine months remain before the child's
discharge as provided by Section 245.051(g).
(i) The juvenile board or
local juvenile probation department may resume the care and custody of any
child released under supervision at any time before the final discharge of
the child in accordance with the rules governing the Texas Juvenile Justice
Department regarding resumption of care.
(j) After a child
committed to a post-adjudication secure correctional facility with a
determinate sentence under Section 54.04011(c)(2), Family Code, becomes 16
years of age but before the child becomes 19 years of age, the juvenile
board or local juvenile probation department operating or contracting for
the operation of the facility may refer the child to the juvenile court
that entered the order of commitment for approval of the child's transfer
to the Texas Department of Criminal Justice for confinement if the child
has not completed the sentence and:
(1) the child's conduct,
regardless of whether the child was released under supervision through a
program established by the board or department, indicates that the welfare
of the community requires the transfer; or
(2) while the child was
released under supervision:
(A) a juvenile court
adjudicated the child as having engaged in delinquent conduct constituting
a felony offense;
(B) a criminal court
convicted the child of a felony offense; or
(C) the child's release
under supervision was revoked.
(k) A juvenile board or
local juvenile probation department operating or contracting for the
operation of a post-adjudication secure correctional facility under this
section shall develop a comprehensive plan for each child committed to the
facility under Section 54.04011, Family Code, regardless of whether the
child is committed with or without a determinate sentence, to reduce
recidivism and ensure the successful reentry and reintegration of the child
into the community following the child's release under supervision or final
discharge from the facility, as applicable.
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SECTION 10. Subchapter A,
Chapter 152, Human Resources Code, is amended by adding Section 152.0016 to
read as follows:
Sec. 152.0016.
POST-ADJUDICATION SECURE CORRECTIONAL FACILITIES; RELEASE UNDER
SUPERVISION. (a) This section applies only to a county that has a
population of more than one million and less
than 1.5 million.
(b) In this section,
"post-adjudication secure correctional facility" means a facility
operated by or under contract with a juvenile board or local juvenile
probation department in accordance with Section 51.125, Family Code.
(c) A juvenile board shall establish a policy that
specifies whether the juvenile board or a local juvenile probation
department that serves a county to which this section applies may:
(1) operate or contract
for the operation of a post-adjudication secure correctional facility to
confine children committed to the facility under Section 54.04011, Family
Code; and
(2) operate a program
through which a child committed to a post-adjudication secure correctional
facility under Section 54.04011, Family Code, may be released under
supervision and place the child in the child's home or in any situation or
family approved by the juvenile board or local juvenile probation
department.
(d) Before placing a child
in the child's home under Subsection (c)(2), the juvenile board or local
juvenile probation department shall evaluate the home setting to determine
the level of supervision and quality of care that is available in the home.
(e) A juvenile board or a
local juvenile probation department shall accept a person properly
committed to it by a juvenile court under Section 54.04011, Family Code, in
the same manner in which the Texas Juvenile Justice Department accepts a
person under Section 54.04(e), Family Code, even though the person may be
17 years of age or older at the time of the commitment.
(f) A juvenile board or a
local juvenile probation department shall establish a minimum length of
stay for each child committed without a determinate sentence under Section
54.04011(c)(1), Family Code, in the same manner that the Texas Juvenile
Justice Department determines a minimum length of stay for a child
committed to the department under Section 243.002.
(g) Except as provided by
Subsection (h), if a child is committed to a post-adjudication secure correctional
facility under Section 54.04011(c)(2), Family Code, the local juvenile
probation department may not release the child under supervision without
approval by the juvenile court that entered the order of commitment under
Section 54.04011, Family Code, unless the child has been confined not less
than:
(1) 10 years for capital
murder;
(2) three years for an
aggravated controlled substance felony or a felony of the first degree;
(3) two years for a felony
of the second degree; and
(4) one year for a felony
of the third degree.
(h) The juvenile board or
local juvenile probation department may release a child who has been
committed to a post-adjudication secure correctional facility with a
determinate sentence under Section 54.04011(c)(2), Family Code, under
supervision without approval of the juvenile court that entered the order
of commitment if not more than nine months remain before the child's
discharge as provided by Section 245.051(g).
(i) The juvenile board or
local juvenile probation department may resume the care and custody of any
child released under supervision at any time before the final discharge of
the child in accordance with the rules governing the Texas Juvenile Justice
Department regarding resumption of care.
(j) After a child
committed to a post-adjudication secure correctional facility with a
determinate sentence under Section 54.04011(c)(2), Family Code, becomes 16
years of age but before the child becomes 19 years of age, the juvenile
board or local juvenile probation department operating or contracting for
the operation of the facility may refer the child to the juvenile court
that entered the order of commitment for approval of the child's transfer
to the Texas Department of Criminal Justice for confinement if the child
has not completed the sentence and:
(1) the child's conduct,
regardless of whether the child was released under supervision through a
program established by the board or department, indicates that the welfare
of the community requires the transfer; or
(2) while the child was
released under supervision:
(A) a juvenile court
adjudicated the child as having engaged in delinquent conduct constituting
a felony offense;
(B) a criminal court
convicted the child of a felony offense; or
(C) the child's release
under supervision was revoked.
(k) A juvenile board or
local juvenile probation department operating or contracting for the
operation of a post-adjudication secure correctional facility under this
section shall develop a comprehensive plan for each child committed to the
facility under Section 54.04011, Family Code, regardless of whether the
child is committed with or without a determinate sentence, to reduce
recidivism and ensure the successful reentry and reintegration of the child
into the community following the child's release under supervision or final
discharge from the facility, as applicable.
(l) This section expires on December 31, 2018.
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