83R8718 ADM-D
 
  By: Turner of Harris H.B. No. 1541
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a study on recidivism rates for certain juveniles
  committed to the Texas Department of Criminal Justice or the Texas
  Juvenile Justice Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 493, Government Code, is amended by
  adding Section 493.031 to read as follows:
         Sec. 493.031.  RECIDIVISM OF YOUTHFUL OFFENDERS STUDY. (a)
  In this section:
               (1)  "Agencies" means the Texas Department of Criminal
  Justice, the Texas Juvenile Justice Department, and the Department
  of Public Safety.
               (2)  "Texas Juvenile Justice Department" includes the
  Texas Youth Commission, as applicable in context.
               (3)  "Youthful offender" means a juvenile who:
                     (A)  was certified as an adult under Section
  54.02, Family Code, tried by a criminal court, and committed to the
  department; or
                     (B)  was committed to the Texas Juvenile Justice
  Department under a determinate sentence, regardless of whether the
  juvenile was subsequently transferred to the Texas Department of
  Criminal Justice.
         (b)  The department, with assistance from the Texas Juvenile
  Justice Department and the Department of Public Safety, shall
  conduct a study to compare the impact of the supervision,
  incarceration, and treatment practices of the department and the
  Texas Juvenile Justice Department on the recidivism and
  rehabilitation rates of youthful offenders.
         (c)  The agencies shall accumulate the data required by this
  section only for youthful offenders who were released from the
  custody of the department or the Texas Juvenile Justice Department
  on or after September 1, 2001, and on or before September 1, 2011.
         (d)  The department shall prepare a report on the study that
  includes the following data:
               (1)  the average period of commitment for youthful
  offenders, including incarceration in county jails before
  conviction or adjudication and the average daily population of each
  facility to which youthful offenders were committed or in which
  they were incarcerated;
               (2)  the average period of probation supervision,
  community supervision, and parole supervision for youthful
  offenders, and the average number of youthful offenders on
  supervision officers' caseloads during that period;
               (3)  the average amount of fines and restitution paid
  by youthful offenders;
               (4)  the percentage of youthful offenders, while in the
  custody or under the supervision of the department or the Texas
  Juvenile Justice Department, who:
                     (A)  had a diagnosed mental illness, received
  prescription medication for a mental illness, or received
  behavioral therapy for a mental illness;
                     (B)  received:
                           (i)  sex offender treatment;
                           (ii)  aggression replacement training;
                           (iii)  substance abuse treatment; or
                           (iv)  other behavioral therapy; and
                     (C)  were physically or sexually assaulted by
  another offender or an employee or agent of the department or the
  Texas Juvenile Justice Department;
               (5)  the percentages of the youthful offenders
  described by Subdivision (4)(C) who were identified as lesbian,
  gay, bisexual, transgender, or intersex;
               (6)  the number of youthful offenders who have
  attempted or committed suicide while in custody;
               (7)  the number of youthful offenders restrained in a
  30-day period by chemical, mechanical, or physical means;
               (8)  the percentage of youthful offenders placed in
  segregation or under extra security within a 30-day period and the
  average period of the segregation or security;
               (9)  the average reading and math levels of youthful
  offenders at the time of commitment;
               (10)  the number of youthful offenders who have
  received educational services from the department or the Texas
  Juvenile Justice Department or have received a graduate equivalency
  diploma;
               (11)  the number of grievances filed by youthful
  offenders against the department and the Texas Juvenile Justice
  Department and the number of resolved and unresolved grievances
  relating to:
                     (A)  the staff of the agencies;
                     (B)  legal matters;
                     (C)  medical care;
                     (D)  religious discrimination;
                     (E)  classification;
                     (F)  communication issues;
                     (G)  disciplinary issues;
                     (H)  facility operations;
                     (I)  specialty issues; and
                     (J)  miscellaneous grievances;
               (12)  the annual recidivism rates for youthful
  offenders during the three-year period after release from the
  custody of the department or the Texas Juvenile Justice Department,
  including rates of arrests, convictions, parole revocations, and
  incarcerations; and
               (13)  any additional factors the agencies may deem
  relevant.
         (e)  In reporting data for purposes of this section, the
  agencies shall disaggregate the data for the following populations
  of youthful offenders or factors:
               (1)  race or ethnicity;
               (2)  gender;
               (3)  age at the time the youthful offender:
                     (A)  committed a first offense;
                     (B)  was certified under Section 54.02, Family
  Code, if applicable;
                     (C)  was committed to the custody of the
  department or the Texas Juvenile Justice Department; and
                     (D)  was released from custody and from
  supervision;
               (4)  criminal history in juvenile and criminal courts;
  and
               (5)  foster care involvement.
         (f)  Not later than January 1, 2015, the department shall
  deliver a report on the results of the study to each member of the
  legislature and make the report available to the general public.
         (g)  This section expires September 1, 2015.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.