83R10560 ADM-F

By: McClendon H.B. No. 3634

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Juvenile Court Jurisdiction Task Force.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. JUVENILE COURT JURISDICTION TASK FORCE. (a) In this Act:

(1) "Juvenile" means a person subject to the jurisdiction of a juvenile court for acts committed when the person was younger than 17 years of age.

(2) "Adult" means a person 17 years of age or older.

(3) "Task force" means the Juvenile Court Jurisdiction Task Force established under this section.

(b) The Juvenile Court Jurisdiction Task Force is established. The purpose of the task force is to:

(1) evaluate a proposal to define a person who is 17 years of age and commits an offense as a child under the Family Code to include the person under the jurisdiction of a juvenile court; and

(2) develop an implementation plan that includes legislative, administrative, and funding changes necessary to adopt the proposal.

(c) The task force is composed of the following 25 members:

(1) the chief justice of the supreme court or the chief justice's designee;

(2) the presiding judge of the court of criminal appeals or the presiding judge's designee;

(3) the executive director of the Texas Department of Criminal Justice or the executive director's designee;

(4) the executive director of the Texas Juvenile Justice Department or the executive director's designee;

(5) the executive director of the Commission on Jail Standards or the executive director's designee;

(6) the public safety director of the Department of Public Safety or the director's designee;

(7) the independent ombudsman of the Texas Juvenile Justice Department or the independent ombudsman's designee;

(8) one representative of the Legislative Budget Board with expertise in criminal justice population projections and budget issues, appointed by the director of the Legislative Budget Board;

(9) one prosecutor with expertise in prosecuting juvenile offenders, appointed by the governor;

(10) one criminal defense lawyer, appointed by the governor;

(11) one current or former juvenile court judge, appointed by the chief justice of the supreme court;

(12) one current or former criminal court judge appointed by the presiding judge of the court of criminal appeals;

(13) one school administrator, appointed by the governor;

(14) one chief juvenile probation officer from an urban county and one chief juvenile probation officer from a rural county, appointed by the governor;

(15) one chief adult probation officer, appointed by the governor;

(16) one police chief, appointed by the governor;

(17) one person with expertise in brain development or adolescent mental health, appointed by the governor;

(18) one person who was adjudicated for a juvenile offense in Texas, appointed by the governor;

(19) three members of the house of representatives, appointed by the speaker of the house; and

(20) three members of the senate, appointed by the lieutenant governor.

(d) The governor shall designate a member of the task force to serve as presiding officer.

(e) The presiding officer may designate additional experts to serve as advisors to the task force.

(f) A person designated to make an appointment of a member of the task force shall make the appointment not later than the 60th day after the effective date of this Act. The designated person shall fill a vacancy in the task force or a vacancy in the position of presiding officer of the task force by the appointment of another person with the same qualifications as the original appointee.

(g) The presiding officer shall call the initial meeting of the task force on or before December 1, 2013. The task force shall meet at the times and places that the presiding officer determines are appropriate. The task force shall adopt rules necessary to fulfill the task force's duties under this Act.

(h) A member of the task force is not entitled to compensation but may be entitled to reimbursement for the member's actual and necessary expenses incurred in attending meetings of the task force and performing other official duties authorized by the presiding officer of the task force, if funding is available.

(i) The task force may request meeting facilities, data, clerical help, or other assistance from any department, agency, institution, office, or political subdivision of this state.

(j) State funds may not be appropriated for purposes of the task force. The task force may apply for, receive, and accept grants of funds or other contributions as appropriate to assist in the performance of its duties. The task force may contract for consultants or technical assistance.

(k) The task force is not subject to Chapter 2110, Government Code.

SECTION 2. DUTIES OF TASK FORCE. (a) After evaluating the proposal described by Section 1(b) of this Act, the task force shall determine whether the legislature should implement that proposal. To make the determination, the task force shall consider:

(1) the potential short-term and long-term benefits to offenders, victims, and taxpayers;

(2) the requirements of federal law, including the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et seq.), for the confinement of persons 17 years of age;

(3) the implications of the decisions of the United States Supreme Court in Miller v. Alabama, 567 U.S. ____ (2012), and similar cases involving the sentencing of persons younger than 18 years of age;

(4) appropriate sanctions, services, and treatment programs for persons 17 years of age who have committed criminal offenses and the effectiveness of the sanctions, services, and programs;

(5) best practices and national trends in the prosecution and sentencing of persons younger than 18 years of age;

(6) data about the nature and frequency of offenses committed by persons 17 years of age in this state;

(7) the projected costs and savings for the state criminal court and juvenile court systems, state and local law enforcement, local adult and juvenile probation departments, state and local correctional facilities, and facilities operated by the Texas Juvenile Justice Department;

(8) which criminal and juvenile justice laws to amend, including laws relating to traffic offenses, offenses under the Education Code or Alcoholic Beverage Code, and laws relating to criminal records; and

(9) any other issues that the task force considers relevant to the proposal.

(b) The task force shall:

(1) develop the implementation plan relating to the proposal described by Section 1(b) of this Act;

(2) calculate the projected state and local adult and juvenile correctional facility populations if the plan is implemented;

(3) conduct a cost-benefit analysis for each part of the juvenile and adult criminal justice systems and for offenders, victims, and taxpayers if the plan is implemented; and

(4) make findings and recommendations and describe policy considerations relating to whether the proposal should be adopted.

SECTION 3. REPORT. Not later than December 1, 2014, the task force shall deliver an interim report of the task force's findings and recommendations, including legislative, administrative, and funding recommendations, to the governor, the lieutenant governor, the speaker of the house of representatives, the standing committees of each house of the legislature with primary jurisdiction over criminal justice and juvenile justice matters, the supreme court, the court of criminal appeals, the executive director of the Texas Department of Criminal Justice, and the executive director of the Texas Juvenile Justice Department.

SECTION 4. FINAL REPORT. The task force shall deliver a final report not later than December 1, 2016, to the persons listed in Section 3 of this Act describing the results of the implementation of the laws enacted by the 84th Legislature relating to the task force's recommendations and providing additional legislative, administrative, or funding recommendations to make the change in law more effective.

SECTION 5. EXPIRATION. The task force is abolished and this Act expires August 31, 2017.

SECTION 6. EFFECTIVE DATE. 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.