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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a restorative justice pilot program for |
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juvenile offenders in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Family Code, is amended by adding |
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Chapter 62 to read as follows: |
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CHAPTER 62. RESTORATIVE JUSTICE PILOT PROGRAM FOR JUVENILE |
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OFFENDERS IN CERTAIN COUNTIES |
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Sec. 62.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Texas Juvenile Justice |
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Department. |
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(2) "Local department" means a local juvenile |
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probation department. |
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(3) "Program" means the restorative justice pilot |
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program created under this chapter for juvenile offenders. |
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(4) "Restorative justice" means an approach to justice |
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that emphasizes the importance of an offender's reparation of harm |
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caused to a victim by the offender's conduct that violates a penal |
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law. The term includes victim-offender mediation. |
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Sec. 62.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only to a local department located in a county: |
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(1) with a population of more than 1.5 million; and |
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(2) in which more than 75 percent of the population |
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resides in a single municipality. |
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Sec. 62.003. ESTABLISHMENT AND IMPLEMENTATION OF PILOT |
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PROGRAM. (a) The department shall establish a restorative justice |
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pilot program for juvenile offenders to be implemented by a local |
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department with funds appropriated for that purpose. The program: |
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(1) must include a pretrial diversion program for |
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children alleged to have engaged in conduct that violates a penal |
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law of this state other than conduct that violates a penal law |
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listed in Article 17.032(a), Code of Criminal Procedure; and |
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(2) may include a post-adjudication victim-offender |
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mediation program for juvenile offenders adjudicated to have |
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engaged in conduct that violates a penal law listed in Article |
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17.032(a), Code of Criminal Procedure, for the purpose of |
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determining appropriate restitution. |
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(b) In implementing the program, the department shall |
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require a local department to: |
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(1) establish a resource network relating to |
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restorative justice that includes representatives from the local |
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department, the local dispute resolution center, the juvenile |
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courts, the district attorney's office, and the local juvenile |
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defense bar association; |
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(2) develop the program consistent with restorative |
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justice principles and best practices for victim-offender |
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mediation as identified by the department; and |
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(3) identify outcome measures that may be used to |
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measure the effectiveness of the program. |
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Sec. 62.004. REPORT. Not later than December 1, 2014, a |
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local department shall submit a report to the department regarding |
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the program. The report must include: |
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(1) a comprehensive analysis of the effectiveness of |
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the program; and |
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(2) the local department's findings and |
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recommendations regarding continuation or expansion of the |
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program. |
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Sec. 62.005. PROGRAM FUNDING. The department shall |
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provide sufficient funds to a local department for the program and |
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report, if funds are appropriated for purposes of this chapter. |
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Sec. 62.006. EXPIRATION. This chapter expires September 2, |
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2015. |
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SECTION 2. This Act takes effect September 1, 2013. |