BILL ANALYSIS

C.S.S.B. 511

By: Whitmire

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties assert that it is much more effective to provide treatment and rehabilitative services and to supervise a youthful offender in the community in which the offender resides than to confine the offender in a facility operated by the Texas Juvenile Justice Department. The parties note that such a system would maintain the youthful offender's family participation with the rehabilitative services provided to the offender. C.S.S.B. 511 seeks to address the commitment of certain juveniles to local post-adjudication secure correctional facilities in certain counties and to the release under supervision of those juveniles.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.S.B. 511 amends the Family Code to add temporary provisions, set to expire December 31, 2018, to authorize a juvenile court of 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 under the bill's provisions, after a disposition hearing, to commit a child who is found to have engaged in delinquent conduct that constitutes a felony to a post-adjudication secure correctional facility operated by or under contract with a juvenile board or local juvenile probation department with or without a determinate sentence, as an alternative to committing the child to the Texas Juvenile Justice Department (TJJD).

C.S.S.B. 511, in those same temporary provisions, authorizes the court to commit a child to a post-adjudication secure correctional facility without a determinate sentence if the child is found to have engaged in conduct that violates a penal law of the grade of felony and the petition for an adjudication or transfer hearing alleging that the child engaged in delinquent conduct that constitutes violent or habitual felony conduct was not approved by the grand jury; if the child is found to have engaged in conduct that violates a penal law of the grade of felony and that petition was approved by the grand jury but the court or jury does not find beyond a reasonable doubt that the allegation in the petition that the child engaged in habitual felony conduct is true; or if the disposition is modified by a court that finds by a preponderance of the evidence that the child violated a reasonable and lawful order of the court. The bill authorizes a court to commit a child to a post-adjudication secure correctional facility with a determinate sentence if the child is found to have engaged in violent or habitual felony conduct, the petition for an adjudication or transfer hearing of such a child was approved by the grand jury, and, if applicable, the court or jury finds beyond a reasonable doubt that the allegation in the petition that the child engaged in habitual felony conduct is true or if the disposition is modified by a court that finds by a preponderance of the evidence that the child violated a reasonable and lawful order of the court.

C.S.S.B. 511, in those same temporary provisions, prohibits the bill's provisions relating to the commitment of a child to a post-adjudication secure correctional facility from being construed to prohibit a juvenile court or jury from making an otherwise authorized disposition. The bill also prohibits such provisions from being construed to prohibit the attorney representing the state from filing a motion concerning a child who has been placed on probation for a term of not more than 10 years or to prohibit the juvenile court from holding a hearing to determine, if the child is placed on probation for a period that will continue after the child's 19th birthday, whether to transfer such a child to an appropriate district court or discharge the child from the sentence of probation. The bill makes provisions of the Texas Administrative Code requiring the physical segregation of residents of a secure post-adjudication correctional facility assigned to progressive sanctions level 5 and below from residents assigned to progressive sanctions levels 6 and 7 under the classification plan required of all such facilities with more than one housing unit inapplicable to the commitment of a child to a post-adjudication secure correctional facility under the bill's provisions.

C.S.S.B. 511 amends the Family Code to provide that an adjudication that a child engaged in conduct that occurred on or after January 1, 1996, and that constitutes a felony offense resulting in commitment to TJJD or a post-adjudication secure correctional facility is a final conviction for purposes of determining punishment for a repeat and habitual felony offender on trial for a state jail felony. The bill authorizes a juvenile court to commit a child at sanction level six to a post-adjudication secure correctional facility under the bill's provisions without a determinate sentence and to commit a child at sanction level seven to such a facility with a determinate sentence.  

C.S.S.B. 511 amends the Human Resources Code to add temporary provisions, set to expire December 31, 2018, to require a juvenile board in a county that has a population of more than one million and less than 1.5 million to establish a policy that specifies whether the juvenile board or a local juvenile probation department that serves the county may operate or contract for the operation of a post-adjudication secure correctional facility to confine children committed to the facility under the bill's provisions and to operate a program through which a child so committed may be released under supervision and place the child in the child's home or in any situation or family approved by the board or department. The bill requires a board or department, before placing a child in the child's home, to evaluate the home setting to determine the level of supervision and quality of care that is available in the home. The bill requires a board or department to accept a person properly committed to it by a juvenile court even though the person may be 17 years of age or older at the time of the commitment. The bill requires a board or department to establish a minimum length of stay for each child committed without a determinate sentence based on the nature and seriousness of the conduct engaged in by the child and the danger the child poses to the community.

C.S.S.B. 511, in those same temporary provisions, prohibits a local juvenile probation department, if a child is committed to a post-adjudication secure correctional facility with a determinate sentence, from releasing the child under supervision without approval by the juvenile court that entered the order of commitment, with certain exceptions based on the offense for which the child was committed, and authorizes a board or department to release such a child without approval of the juvenile court that entered the order of commitment if not more than nine months remain before the child's discharge. The bill authorizes a board or department to 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 TJJD regarding resumption of care.

C.S.S.B. 511, in those same temporary provisions, authorizes, after a child committed to a post-adjudication secure correctional facility with a determinate sentence becomes 16 years of age but before the child becomes 19 years of age, a board or department operating or contracting for the operation of the facility to 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 if 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, while the child was released under supervision, a juvenile court adjudicated the child as having engaged in delinquent conduct constituting a felony offense, a criminal court convicted the child of a felony offense, or the child's release under supervision was revoked.

C.S.S.B. 511, in those same temporary provisions,  requires a board or department operating or contracting for the operation of a post-adjudication secure correctional facility to develop a comprehensive plan for each child committed to the facility under the bill's provisions, 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.

C.S.S.B. 511 amends the Health and Safety Code and the Penal Code to make conforming changes.

EFFECTIVE DATE

December 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.S.B. 511 may differ from the engrossed version in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.

SENATE ENGROSSED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subsection (d), Section 51.13, Family Code, is amended.	SECTION 1. Same as engrossed version.
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.	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.
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.	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.
SECTION 4. Subsections (b), (f), (j), and (m), Section 54.05, Family Code, are amended.	SECTION 4. Same as engrossed version.
SECTION 5. Subsections (a), (b), and (d), Section 54.052, Family Code, are amended.	SECTION 5. Same as engrossed version.
SECTION 6. Subsections (a), (h), (i), (j), and (k), Section 54.11, Family Code, are amended.	SECTION 6. Same as engrossed version.
SECTION 7. Section 59.009, Family Code, is amended.	SECTION 7. Same as engrossed version.
SECTION 8. Section 59.010, Family Code, is amended.	SECTION 8. Same as engrossed version.
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.	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.
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.	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.
SECTION 11. Subsection (f), Section 12.42, Penal Code, is amended.	SECTION 11. Same as engrossed version.
SECTION 12. The changes in law made by this Act apply 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 at the time the conduct occurred, and the former law is continued in effect for that purpose.  For the purposes of this section, conduct occurs before the effective date of this Act if any element of the conduct occurred before that date.	SECTION 12. Same as engrossed version.
SECTION 13. This Act takes effect December 1, 2013.	SECTION 13. Same as engrossed version.