84R21410 MK-F
 
  By: McClendon H.B. No. 1586
 
  Substitute the following for H.B. No. 1586:
 
  By:  Dutton C.S.H.B. No. 1586
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation and administration of the Texas Juvenile
  Justice Department and its facilities, to the operation of
  post-adjudication secure correctional facilities for juvenile
  offenders, and to the commitment and placement of juvenile
  offenders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. REGIONAL ASSOCIATIONS AND JUVENILE BOARDS
         SECTION 1.01.  Section 201.002, Human Resources Code, is
  amended to read as follows:
         Sec. 201.002.  PURPOSES AND INTERPRETATION.  This title
  shall be construed to have the following public purposes:
               (1)  creating a unified state juvenile justice agency
  that works in partnership with local county governments, the
  courts, regional associations, and communities to promote public
  safety by providing a full continuum of effective supports and
  services to youth from initial contact through termination of
  supervision; and
               (2)  creating a juvenile justice system that produces
  positive outcomes for youth, families, and communities by:
                     (A)  assuring accountability, quality,
  consistency, and transparency through effective monitoring and the
  use of systemwide performance measures;
                     (B)  promoting the use of program and service
  designs and interventions proven to be most effective in
  rehabilitating youth;
                     (C)  prioritizing the use of community-based or
  family-based programs and services for youth over the placement or
  commitment of youth to a secure facility;
                     (D)  operating the state facilities to
  effectively house and rehabilitate the youthful offenders that
  cannot be safely served in another setting; and
                     (E)  protecting and enhancing the cooperative
  agreements between state and local county governments.
         SECTION 1.02.  Section 201.003, Human Resources Code, is
  amended to read as follows:
         Sec. 201.003.  GOALS.  The goals of the department and all
  programs, facilities, and services that are operated, regulated, or
  funded by the department are to:
               (1)  support the development of a consistent
  county-based continuum of effective interventions, supports, and
  services for youth and families that reduce the need for
  out-of-home placement;
               (2)  increase reliance on alternatives to placement and
  commitment to secure state facilities, consistent with adequately
  addressing a youthful offender's treatment needs and protection of
  the public;
               (3)  locate the facilities as geographically close as
  possible to necessary workforce and other services while supporting
  the youths' connection to their families;
               (4)  encourage regional cooperation that enhances
  county collaboration, while ensuring sufficient state aid and
  support for that endeavor;
               (5)  enhance the continuity of care throughout the
  juvenile justice system; and
               (6)  use secure facilities of a size that supports
  effective youth rehabilitation and public safety.
         SECTION 1.03.  Chapter 201, Human Resources Code, is amended
  by adding Sections 201.005 and 201.006 to read as follows:
         Sec. 201.005.  REGIONAL ASSOCIATIONS. (a) The board by rule
  shall designate regional associations, create a leadership
  structure for each regional association, and require each juvenile
  probation department to affiliate with one regional association. A
  regional association and the association's affiliations must be
  designated by geographic region.
         (b)  The board shall design the leadership structure of a
  regional association in a manner that ensures representation from
  counties from each of the following categories:
               (1)  small counties, with a population of fewer than
  7,500 persons younger than 18 years of age;
               (2)  medium counties, with a population of at least
  7,500 but fewer than 80,000 persons younger than 18 years of age;
  and
               (3)  large counties, with a population of 80,000 or
  more persons younger than 18 years of age.
         (c)  The executive director shall designate at least one
  department employee for each regional association to assist the
  region in furthering the goals of the juvenile justice system for
  the region while assuring accountability, quality, consistency,
  and transparency. To the extent practicable, the employee is
  located in the region to which the employee is assigned. The
  department may contract with a juvenile board or other entity to
  provide office space for the designated employee.
         Sec. 201.006.  REGIONAL PLANS. (a) Each regional
  association created under Section 201.005 shall develop a written
  plan to outline the manner in which the juvenile probation
  departments affiliated with the association collaborate to further
  the purposes and goals of the juvenile justice system under
  Sections 201.002 and 201.003, including the goal of reducing the
  number of children committed to the department in a manner that
  protects the safety of the children while ensuring public safety.
  Each regional plan must include the following:
               (1)  the results of a needs assessment conducted by the
  regional association, with a focus on identifying resources that
  exist and resources that are needed to implement the plan and to
  reduce the number of children committed to the department;
               (2)  methods for maximizing the use of community-based,
  family-based, and in-home treatment programs and services for
  juveniles instead of the placement of juveniles in secure
  facilities while ensuring public safety, including the use of a
  validated risk and needs assessment tool before making decisions
  regarding the placement of juveniles;
               (3)  methods for identifying juveniles eligible for
  commitment to the department who can be effectively rehabilitated
  in another setting;
               (4)  methods for using existing bed space, including
  contracting within the region and state, for the placement of
  juveniles in a manner that ensures that the juveniles are placed in
  facilities located as close to the juveniles' homes as possible,
  when appropriate;
               (5)  methods for providing research-based, effective
  treatment, including specialized treatment and treatment involving
  the families of juveniles, to meet the treatment needs of
  juveniles;
               (6)  a timeline for implementation of the plan;
               (7)  an analysis of funding needs and recommendations
  regarding methods of funding probation services in the region;
               (8)  an analysis of training needs to ensure proper
  training regarding the implementation of the plan for juvenile
  justice professionals, including judges, probation staff, and
  attorneys;
               (9)  identification of any recommended statutory
  changes necessary to enable the regional association to implement
  the plan or to better serve juveniles;
               (10)  identification of any potential unintended
  effects associated with the plan; and
               (11)  any other issues deemed necessary or relevant by
  the executive director.
         (b)  The department shall assist a regional association in
  the development of a regional plan.
         (c)  The executive director shall review each regional plan
  and provide recommendations regarding the plan to the regional
  association not later than the 90th day after the date the executive
  director receives the plan.
         (d)  Before a regional association may implement a regional
  plan, the executive director must certify that the plan:
               (1)  sufficiently addresses each of the requirements
  under Subsection (a);
               (2)  is consistent with the purposes and goals for the
  juvenile justice system provided by Sections 201.002 and 201.003;
  and
               (3)  includes appropriate, research-based programs for
  the juveniles served.
         (e)  The department shall assist each regional association
  in implementing the association's regional plan, including
  providing training and technical assistance as necessary or
  appropriate.
         (f)  The department shall include information regarding each
  regional plan in the report developed under Section 203.007,
  including information on the implementation and effectiveness of
  each plan.
         (g)  The board shall adopt rules necessary to implement this
  section.
         SECTION 1.04.  Section 202.010, Human Resources Code, is
  amended to read as follows:
         Sec. 202.010.  SUNSET PROVISION.  The Texas Juvenile
  Justice Board and the Texas Juvenile Justice Department are subject
  to Chapter 325, Government Code (Texas Sunset Act).  Unless
  continued in existence as provided by that chapter, the board and
  the department are abolished September 1, 2021 [2017].
         SECTION 1.05.  Section 223.001, Human Resources Code, is
  amended by amending Subsections (a) and (c) and adding Subsections
  (d), (e), and (f) to read as follows:
         (a)  The department shall annually allocate funds for
  financial assistance to juvenile boards to provide juvenile
  probation services, as defined by Section 142.001. The allocation
  of funds shall be made according to current estimates of the number
  of juveniles in each county and other factors the department
  determines are appropriate.
         (c)  The department shall [may] set aside a portion of the
  funds appropriated to the department for state aid to fund programs
  designed to address special needs or projects of local juvenile
  boards. The department shall develop discretionary grant funding
  protocols based on documented criteria, including data-driven,
  research-based criteria, or promising practices.
         (d)  In the department's legislative appropriations request
  for each fiscal biennium, the department shall identify the amount
  of state aid needed to ensure sustained support for programs to
  ensure that the programs adequately address the rehabilitative
  needs of children who are diverted from commitment to the
  facilities of the department. In regard to children placed in a
  facility or program in accordance with a regional plan created
  under Section 201.006, the department shall develop a method to
  identify children who were likely to have been committed to the
  facilities of the department, but as a result of the implementation
  of the regional plans, were not committed to the department.
         (e)  The department may not adversely impact the state aid
  for a juvenile board or a juvenile probation department that does
  not enter into a contract to serve youth from other counties, or
  does not act as a regional facility.
         (f)  A post-adjudication secure correctional facility may
  not be required to accept placement of a child, unless the child is
  subject to an order issued by the local juvenile court and placed in
  an area served by the juvenile probation board or department where
  the facility is located. A post-adjudication secure correctional
  facility may not be required to accept a child who is not under the
  jurisdiction of the local juvenile probation department where the
  facility is located.
         SECTION 1.06.  Section 223.006(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department may provide state aid to a county to
  acquire, construct, and equip post-adjudication residential or
  day-treatment centers from money appropriated for those
  purposes.  The facilities may be used for children who are placed
  on probation by a juvenile court under Section 54.04, Family Code,
  as an alternative to commitment to the facilities of the
  department. If the state aid is provided under this section to a
  county to construct a new residential facility, the facility may
  not have a residential capacity of more than 96 beds.
  ARTICLE 2. TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES
         SECTION 2.01.  Section 242.052, Human Resources Code, is
  amended by adding Subsections (f), (g), and (h) to read as follows:
         (f)  A new residential facility constructed by the
  department may not have a residential capacity of more than 96 beds.
         (g)  The department may close a residential facility
  operated by the department if the board approves the closure
  following a public meeting in which the board determines that the
  capacity level and resident and staff safety warrant the closure of
  the facility.
         (h)  Before closing a department facility, the department
  must determine whether the facility can be repurposed for the needs
  of the department.
         SECTION 2.02.  Subchapter B, Chapter 242, Human Resources
  Code, is amended by adding Section 242.072 to read as follows:
         Sec. 242.072.  SALE OR TRANSFER OF CLOSED FACILITIES. (a)
  This section applies only to a closed facility on real property
  owned by the department.
         (b)  With the assistance of the General Land Office, the
  board may sell or transfer to a county or municipality a closed
  facility that is owned by the department and that does not receive
  funding from the legislature for the facility's operations. Before
  transferring or selling a closed facility, the board shall
  determine if it is feasible for the facility to be repurposed to
  meet the needs of the department and the youth being served by the
  department.
         (c)  If a facility is transferred to a county or
  municipality, the consideration for the transfer is the requirement
  that the county or municipality use the property transferred only
  for a purpose that benefits the public interest of the state. If the
  county or municipality no longer uses the property for a public
  purpose, ownership of the property automatically reverts to the
  department.
         (d)  If a facility is transferred to a county or
  municipality, the board shall transfer the property by an
  appropriate instrument of transfer, executed on behalf of the
  agency by the commissioner of the General Land Office. The
  instrument of transfer must:
               (1)  provide that:
                     (A)  the transferee shall use the property only
  for a purpose that benefits the public interest of the state; and
                     (B)  ownership of the property automatically
  reverts to the department if the transferee uses the property for
  any purpose other than a purpose that benefits the public interest
  of the state;
               (2)  describe the property to be transferred by metes
  and bounds; and
               (3)  exclude from the transfer all mineral interests in
  and under the property and prohibit any exploration, drilling, or
  other similar intrusion on the property related to mineral
  interests.
         (e)  The department shall retain custody of the instrument of
  transfer after the instrument of transfer is filed in the real
  property records of the county in which the property is located.
         (f)  If property is transferred to a county or municipality,
  the expenses incurred by the General Land Office in connection with
  the transfer shall be paid to the General Land Office by the county
  or municipality.
         (g)  This section expires September 1, 2021.
  ARTICLE 3.  COMMITMENT OF JUVENILE OFFENDERS
         SECTION 3.01.  Section 54.04(d), Family Code, is amended to
  read as follows:
         (d)  If the court or jury makes the finding specified in
  Subsection (c) allowing the court to make a disposition in the case:
               (1)  the court or jury may, in addition to any order
  required or authorized under Section 54.041 or 54.042, place the
  child on probation on such reasonable and lawful terms as the court
  may determine:
                     (A)  in the child's own home or in the custody of a
  relative or other fit person; or
                     (B)  subject to the finding under Subsection (c)
  on the placement of the child outside the child's home, in:
                           (i)  a suitable foster home;
                           (ii)  a suitable public or private
  residential treatment facility licensed by a state governmental
  entity or exempted from licensure by state law, except a facility
  operated by the Texas Juvenile Justice Department; or
                           (iii)  a suitable public or private
  post-adjudication secure correctional facility that meets the
  requirements of Section 51.125, except a facility operated by the
  Texas Juvenile Justice Department;
               (2)  if the court or jury found at the conclusion of the
  adjudication hearing that the child engaged in delinquent conduct
  that violates a penal law of this state or the United States of the
  grade of felony and if the petition was not approved by the grand
  jury under Section 53.045, the court may commit the child to the
  Texas Juvenile Justice Department or a post-adjudication secure
  correctional facility under Section 54.04011(c)(1) without a
  determinate sentence only if the court includes in its order a
  finding that commitment is:
                     (A)  necessary to meet the juvenile's
  rehabilitative needs; and
                     (B)  appropriate, as demonstrated by the evidence
  admitted at the hearing, including the results of a validated risk
  and needs assessment conducted according to rules adopted under
  Section 221.003, Human Resources Code, before the disposition is
  ordered;
               (3)  if the court or jury found at the conclusion of the
  adjudication hearing that the child engaged in delinquent conduct
  that included a violation of a penal law listed in Section 53.045(a)
  and if the petition was approved by the grand jury under Section
  53.045, the court or jury may sentence the child to commitment in
  the Texas Juvenile Justice Department or a post-adjudication secure
  correctional facility under Section 54.04011(c)(2) with a possible
  transfer to the Texas Department of Criminal Justice for a term of:
                     (A)  not more than 40 years if the conduct
  constitutes:
                           (i)  a capital felony;
                           (ii)  a felony of the first degree; or
                           (iii)  an aggravated controlled substance
  felony;
                     (B)  not more than 20 years if the conduct
  constitutes a felony of the second degree; or
                     (C)  not more than 10 years if the conduct
  constitutes a felony of the third degree;
               (4)  the court may assign the child an appropriate
  sanction level and sanctions as provided by the assignment
  guidelines in Section 59.003;
               (5)  the court may place the child in a suitable
  nonsecure correctional facility that is registered and meets the
  applicable standards for the facility as provided by Section
  51.126; or
               (6)  if applicable, the court or jury may make a
  disposition under Subsection (m) or Section 54.04011(c)(2)(A).
         SECTION 3.02.  The changes in law made by this Act to Section
  54.04(d), Family Code, apply only to conduct violating a penal law
  that occurs on or after September 1, 2017.  Conduct violating a
  penal law that occurs before September 1, 2017, is governed by the
  law in effect on the date the conduct occurred, and the former law
  is continued in effect for that purpose.  For purposes of this
  subsection, conduct occurs before September 1, 2017, if any element
  of the conduct occurred before that date.
  ARTICLE 4.  OFFICE OF INDEPENDENT OMBUDSMAN
         SECTION 4.01.  Section 261.002, Human Resources Code, is
  amended to read as follows:
         Sec. 261.002.  ESTABLISHMENT; PURPOSE.  The office of
  independent ombudsman is a state agency established for the purpose
  of investigating, evaluating, and securing the rights of the
  children:
               (1)  committed to the department, including a child
  released under supervision before final discharge; or
               (2)  placed in a post-adjudication secure correctional
  facility, as described by Section 51.125, Family Code.
         SECTION 4.02.  Section 261.055(b), Human Resources Code, is
  amended to read as follows:
         (b)  The independent ombudsman shall immediately report to
  the board, the governor, the lieutenant governor, the speaker of
  the house of representatives, the state auditor, and the office of
  the inspector general of the department any particularly serious or
  flagrant:
               (1)  case of abuse or injury of a child committed to the
  department;
               (2)  problem concerning the administration of a
  department program or operation;
               (3)  problem concerning the delivery of services in a
  facility operated by or under contract with the department; [or]
               (4)  interference by the department or by a
  post-adjudication secure correctional facility with an
  investigation conducted by the office; or
               (5)  civil rights violation concerning a child placed
  in a post-adjudication secure correctional facility, not including
  a complaint alleging criminal behavior.
         SECTION 4.03.  Section 261.056(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department or a post-adjudication secure
  correctional facility shall allow any child committed to the
  department or placed in the facility to communicate with the
  independent ombudsman or an assistant to the ombudsman.  The
  communication:
               (1)  may be in person, by mail, or by any other means;
  and
               (2)  is confidential and privileged.
         SECTION 4.04.  Section 261.058, Human Resources Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  The office and the board shall adopt rules that
  establish procedures for a post-adjudication secure correctional
  facility administrator, chief juvenile probation officer of a
  juvenile probation department, or juvenile board to comment on
  reports of the office related to children placed in a
  post-adjudication secure correctional facility, including
  procedures for the department to expedite or eliminate review in a
  manner that is consistent with rules adopted under Subsection (b).
         SECTION 4.05.  Section 261.101(a), Human Resources Code, is
  amended to read as follows:
         (a)  The independent ombudsman shall:
               (1)  review the procedures established by the board and
  evaluate the delivery of services to children to ensure that the
  rights of children are fully observed;
               (2)  review complaints filed with the independent
  ombudsman concerning the actions of the department and investigate
  each complaint in which it appears that a child may be in need of
  assistance from the independent ombudsman;
               (3)  conduct investigations of complaints, other than
  complaints alleging criminal behavior, if the office determines
  that:
                     (A)  a child committed to the department or the
  child's family may be in need of assistance from the office; or
                     (B)  a systemic issue in the department's
  provision of services is raised by a complaint;
               (4)  review or inspect periodically the facilities and
  procedures of any institution or residence in which a child has been
  placed by the department, whether public or private, to ensure that
  the rights of children are fully observed;
               (5)  provide assistance to a child or family who the
  independent ombudsman determines is in need of assistance,
  including advocating with an agency, provider, or other person in
  the best interests of the child;
               (6)  review court orders as necessary to fulfill its
  duties;
               (7)  recommend changes in any procedure relating to the
  treatment of children committed to the department;
               (8)  make appropriate referrals under any of the duties
  and powers listed in this subsection;
               (9)  supervise assistants who are serving as advocates
  in their representation of children committed to the department in
  internal administrative and disciplinary hearings;
               (10)  review reports received by the department
  relating to complaints regarding juvenile probation programs,
  services, or facilities and analyze the data contained in the
  reports to identify trends in complaints; [and]
               (11)  report a possible standards violation by a local
  juvenile probation department to the appropriate division of the
  department;
               (12)  conduct an investigation of a civil rights
  complaint concerning a child placed in a post-adjudication secure
  correctional facility, not including a complaint alleging criminal
  behavior;
               (13)  assist a child placed in a post-adjudication
  secure correctional facility, if the department determines that the
  child is in need of assistance from the office; and
               (14)  immediately report the findings of any
  investigation to the chief juvenile probation officer and the
  juvenile board of the county in which the facility is located, and
  to the juvenile probation department arranging the placement of the
  child.
         SECTION 4.06.  Section 261.102, Human Resources Code, is
  amended to read as follows:
         Sec. 261.102.  TREATMENT OF [DEPARTMENT] EMPLOYEES WHO
  COOPERATE WITH INDEPENDENT OMBUDSMAN.  The department or a
  juvenile board or juvenile probation department may not discharge
  or in any manner discriminate or retaliate against an employee who
  in good faith makes a complaint to the office of independent
  ombudsman or cooperates with the office in an investigation.
         SECTION 4.07.  Section 261.151(a), Human Resources Code, is
  amended to read as follows:
         (a)  The independent ombudsman has access to the
  department's records relating to [the] children committed to the
  department or placed in a post-adjudication secure correctional
  facility.
         SECTION 4.08.  Section 261.152, Human Resources Code, is
  amended to read as follows:
         Sec. 261.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.  
  The independent ombudsman shall have access to the records of a
  private entity that relate to a child committed to the department or
  placed in a post-adjudication secure correctional facility.
         SECTION 4.09.  Section 261.101(e), Human Resources Code, is
  repealed.
  ARTICLE 5.  TRANSITION AND EFFECTIVE DATE
         SECTION 5.01.  (a)  This Act authorizes the legislature to
  appropriate funding to the Texas Juvenile Justice Department at
  levels sufficient to enable the department to fulfill its statutory
  responsibilities and adequately and effectively care for the youth
  under its jurisdiction. The continuity of funding to the department
  should be regarded as essential during the period of transition and
  implementation of the regionalization plans described by this Act.
         (b)  The Texas Juvenile Justice Department shall allocate
  funds appropriated to the department by the legislature in the
  General Appropriations Act in amounts necessary to fulfill its
  statutory responsibilities and to adequately and effectively care
  for the youth under the department's custody.  The department shall
  allocate funds to regional associations created under Section
  201.005, Human Resources Code, as added by this Act, as necessary
  for the implementation of the regional plans adopted under Section
  201.006, Human Resources Code, as added by this Act.
         SECTION 5.02.  An initial regional plan must be submitted to
  the executive director of the Texas Juvenile Justice Department not
  later than May 1, 2016. An initial regional plan developed under
  Section 201.006, Human Resources Code, as added by this Act, must
  include provisions for the implementation of the plan beginning not
  later than December 1, 2016.
         SECTION 5.03.  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, 2015.