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A BILL TO BE ENTITLED
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AN ACT
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relating to the maximum age of commitment of certain juveniles to |
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the Texas Juvenile Justice Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 244.014(a), Human Resources Code, is |
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amended to read as follows: |
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(a) After a child sentenced to commitment under Section |
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54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years |
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of age but before the child becomes 21 [19] years of age, the |
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department may refer the child to the juvenile court that entered |
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the order of commitment for approval of the child's transfer to the |
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Texas Department of Criminal Justice for confinement if: |
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(1) the child has not completed the sentence; and |
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(2) the child's conduct, regardless of whether the |
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child was released under supervision under Section 245.051, |
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indicates that the welfare of the community requires the transfer. |
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SECTION 2. Subchapter C, Chapter 245, Human Resources Code, |
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is amended by adding Section 245.107 to read as follows: |
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Sec. 245.107. EXTENSION ORDER FOR CERTAIN PERSONS IN |
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DEPARTMENT PROGRAMS. (a) Not more than six months before the 19th |
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birthday of a person who has been committed to the department with a |
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determinate sentence, the department may refer the person to the |
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committing juvenile court for a hearing to determine whether to |
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extend the term of the person's commitment to the department, for |
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the purpose of continuing in a department program after the |
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person's 19th birthday until the earlier of: |
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(1) the date the person completes the program; |
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(2) the date the person's term of sentence under the |
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order of commitment is complete; or |
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(3) the person's 21st birthday. |
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(b) The court may order a person to remain in the custody of |
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the department as provided by Subsection (a) only if after the |
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hearing the court finds that: |
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(1) the person is in need of additional rehabilitation |
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from the department; |
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(2) the department will provide the most suitable |
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environment for that rehabilitation; and |
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(3) the person's conduct more likely than not |
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indicates that the welfare of the community does not require the |
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person's transfer to the Texas Department of Criminal Justice. |
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SECTION 3. Section 245.151(e), Human Resources Code, is |
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amended to read as follows: |
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(e) The department shall transfer a person who has been |
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sentenced under a determinate sentence to commitment under Section |
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54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been |
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returned to the department under Section 54.11(i)(1), Family Code, |
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to the custody of the Texas Department of Criminal Justice [on the
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person's 19th birthday], if the person has not already been |
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discharged or transferred, to serve the remainder of the person's |
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sentence on parole as provided by Section 508.156, Government Code: |
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(1) on the person's 19th birthday, if the court has not |
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extended the person's term of commitment to the department under |
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Section 245.107; or |
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(2) on or before the person's 21st birthday, if the |
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court has extended the person's term of commitment to the |
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department under Section 245.107. |
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SECTION 4. Sections 244.014(a) and 245.151(e), Human |
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Resources Code, as amended by this Act, and Section 245.107, Human |
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Resources Code, as added by this Act, apply only to conduct |
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violating a penal law of this state that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is covered by the law in effect when the |
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conduct occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, conduct violating a penal |
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law of this state occurred before the effective date of this Act if |
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any element of the violation occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |