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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a task force to examine the adjudication, |
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disposition, and registration of juvenile sex offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. TASK FORCE ON IMPROVING OUTCOMES FOR JUVENILES |
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ADJUDICATED OF SEXUAL OFFENSES. (a) In this Act: |
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(1) "Juvenile sex offender" means a person subject to |
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the jurisdiction of a juvenile court for conduct that constitutes |
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an offense for which registration as a sex offender is required |
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under Chapter 62, Code of Criminal Procedure. |
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(2) "Task force" means the Task Force on Improving |
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Outcomes for Juveniles Adjudicated of Sexual Offenses. |
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(b) The Task Force on Improving Outcomes for Juveniles |
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Adjudicated of Sexual Offenses is established. The purpose of the |
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task force is to make policy recommendations to improve the |
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outcomes for juvenile sex offenders after studying: |
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(1) the adjudication and disposition processes and |
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programs for juvenile sex offenders; |
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(2) counseling, mental health, or other services |
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provided by the state or local juvenile probation departments to |
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juvenile sex offenders; |
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(3) the sex offender registration process for |
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juveniles; and |
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(4) any other issue related to improving the outcomes |
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for juvenile sex offenders. |
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(c) The task force is composed of the following members: |
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(1) the executive director of the Texas Juvenile |
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Justice Department or the executive director's designee; |
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(2) the commissioner of the Department of Family and |
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Protective Services or the commissioner's designee; |
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(3) one representative designated by the Crime Records |
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Service of the Department of Public Safety who has experience with |
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the department's sex offender registry; |
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(4) one representative designated by the Council on |
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Sex Offender Treatment; |
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(5) one representative designated by Children's |
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Advocacy Centers of Texas; |
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(6) one representative designated by the Texas |
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Association for the Protection of Children; |
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(7) one representative designated by Texans Care for |
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Children; |
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(8) one private provider of juvenile sex offender |
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treatment from a rural county and one private provider of juvenile |
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sex offender treatment from an urban county, appointed by the |
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governor; |
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(9) one judge from a rural county and one judge from an |
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urban county, appointed by the governor; |
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(10) one law enforcement official from a rural county |
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and one law enforcement official from an urban county, appointed by |
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the governor; |
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(11) one prosecutor from a rural county and one |
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prosecutor from an urban county, appointed by the governor; |
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(12) one juvenile probation officer from a rural |
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county and one juvenile probation officer from an urban county, |
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appointed by the governor; |
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(13) one juvenile public defender from a rural county |
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and one juvenile public defender from an urban county, appointed by |
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the governor; and |
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(14) one academic researcher from an accredited |
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university who specializes in juvenile justice, appointed by the |
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governor. |
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(d) The governor shall designate a member of the task force |
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to serve as presiding officer. |
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(e) The presiding officer may designate additional experts |
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to serve as advisors to the task force. |
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(f) A person designated to make an appointment of a member |
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of the task force shall make the appointment not later than the 60th |
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day after the effective date of this Act. The designated person |
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shall fill a vacancy in the task force or a vacancy in the position |
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of presiding officer of the task force by the appointment of another |
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person with the same qualifications as the original appointee. |
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(g) The presiding officer shall call the initial meeting of |
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the task force on or before December 1, 2015. The task force shall |
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meet at the times and places that the presiding officer determines |
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are appropriate. |
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(h) A member of the task force is not entitled to |
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compensation but may receive reimbursement for the member's actual |
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and necessary expenses incurred in attending meetings of the task |
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force and performing other official duties authorized by the |
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presiding officer of the task force, if funding is available. |
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(i) The task force may request meeting facilities, data, |
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clerical assistance, and other assistance from any department, |
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agency, institution, office, or political subdivision of this |
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state. |
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(j) The task force may consult with any relevant experts and |
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stakeholders, including: |
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(1) juvenile sex offenders; |
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(2) family members of juvenile sex offenders; |
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(3) mental health experts; |
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(4) public school district administrators; and |
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(5) higher education administrators. |
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(k) State funds may not be appropriated for purposes of the |
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task force. The task force may apply for, receive, and accept |
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grants of funds or other contributions as appropriate to assist in |
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the performance of its duties. The task force may contract for |
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consultants or technical assistance. |
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(l) The task force is not subject to Chapter 2110, |
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Government Code. |
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SECTION 2. DUTIES OF TASK FORCE. (a) The task force shall: |
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(1) solicit and review information and hear testimony |
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relevant to the purposes of the task force from individuals, state |
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and local agencies, community-based organizations, and other |
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public and private organizations; |
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(2) review the adjudication and disposition processes |
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and programs for juvenile sex offenders, including: |
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(A) the consistency in adjudication and |
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disposition processes across the state; |
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(B) the training provided to judges, law |
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enforcement officers, parole and probation officers, and other |
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juvenile service providers on the differences between juvenile and |
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adult sex offenders regarding the potential for rehabilitation |
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through treatment; and |
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(C) training provided to judges, law enforcement |
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officers, parole and probation officers, and other juvenile service |
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providers regarding the most effective way to protect the community |
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by reducing recidivism rates among juvenile sex offenders; |
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(3) review juvenile sex offender registration, |
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including: |
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(A) the effectiveness of juvenile sex offender |
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registration in reducing recidivism rates; |
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(B) statistical information regarding juveniles |
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required to register as sex offenders; |
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(C) the impact of juvenile sex offender |
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registration on a juvenile, including a juvenile's ability to |
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access education, obtain housing, and gain employment; and |
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(D) the impact of labeling a juvenile as a |
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juvenile sex offender on the family of the juvenile; |
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(4) review counseling, mental health, or other |
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services provided to juvenile sex offenders, including: |
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(A) the effectiveness of the services in the |
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rehabilitation of juvenile sex offenders and the reduction of |
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recidivism rates; and |
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(B) the current shortage of juvenile sex offender |
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service providers; and |
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(5) review statistical information regarding the |
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frequency of juvenile sex offenders being victims of abuse or |
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neglect or witnesses to family violence. |
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(b) The task force shall adopt rules necessary to fulfill |
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the task force's duties under this Act. |
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SECTION 3. REPORT. (a) The task force shall prepare a |
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report that includes: |
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(1) a description of the activities of the task force; |
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(2) the findings and recommendations of the task |
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force, including proposed policy recommendations related to: |
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(A) the provision of coordinated support |
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services to juvenile sex offenders; and |
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(B) the most effective strategy to reduce |
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recidivism rates and improve outcomes for juvenile sex offenders; |
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and |
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(3) any related proposals for legislation or other |
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matters the task force considers appropriate. |
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(b) Not later than December 1, 2016, the task force shall |
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deliver the report of the task force's findings and recommendations |
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to: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; |
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(4) the standing committees of each house of the |
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legislature with primary jurisdiction over criminal justice |
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matters; |
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(5) the executive director of the Texas Department of |
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Criminal Justice; |
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(6) the executive director of the Texas Juvenile |
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Justice Department; |
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(7) each state agency and nonprofit organization |
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represented on the task force; and |
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(8) any other appropriate agency of this state. |
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SECTION 4. EXPIRATION. The task force is abolished and this |
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Act expires September 1, 2017. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2015. |