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