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A BILL TO BE ENTITLED
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AN ACT
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relating to the commitment of certain juveniles to local |
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post-adjudication secure correctional facilities in certain |
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counties and to the release under supervision of those juveniles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.13 (c) and (d), Family Code, are |
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amended to read as follows: |
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(c) A child may not be committed or transferred to a penal |
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institution or other facility used primarily for the execution of |
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sentences of persons convicted of crime, except: |
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(1) for temporary detention in a jail or lockup |
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pending juvenile court hearing or disposition under conditions |
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meeting the requirements of Section 51.12; |
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(2) after transfer for prosecution in criminal court |
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under Section 54.02, unless the juvenile court orders the detention |
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of the child in a certified juvenile detention facility under |
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Section 54.02(h); or
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(3) after transfer from the Texas Juvenile Justice |
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Department under Section 245.151(c), Human Resources Code; or |
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(4) after transfer from a post-adjudication secure |
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correctional facility under Section 152.00161(c). |
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(d) An adjudication under Section 54.03 that a child engaged |
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in conduct that occurred on or after January 1, 1996, and that |
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constitutes a felony offense resulting in commitment to the Texas |
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Juvenile Justice Department under Section 54.04(d)(2), (d)(3), or |
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(m) or 54.05(f) or commitment to a post-adjudication secure |
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correctional facility under Section 54.04011 for conduct that |
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occurred on or after December 1, 2013, is a final felony conviction |
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only for the purposes of Sections 12.42(a), (b), and (c)(1) or |
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Section 12.425, Penal Code. |
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SECTION 2. Section 53.045(d), Family Code, is amended to |
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read as follows: |
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(d) If the grand jury approves of the petition, the fact of |
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approval shall be certified to the juvenile court, and the |
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certification shall be entered in the record of the case. For the |
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purpose of the transfer of a child to the Texas Department of |
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Criminal Justice as provided by Section 245.151(c) or 152.00161(c), |
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Human Resources Code, a juvenile court petition approved by a grand |
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jury under this section is an indictment presented by the grand |
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jury. |
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SECTION 3. Sections 54.11(a), (b), and (d), Family Code, |
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are amended to read as follows: |
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(a) On receipt of a referral under Section 244.014(a), Human |
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Resources Code, for the transfer to the Texas Department of |
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Criminal Justice of a person committed to the Texas Juvenile |
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Justice Department under Section 54.04(d)(3), 54.04(m), or |
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54.05(f), on receipt of a request by the Texas Juvenile Justice |
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Department under Section 245.051(d), Human Resources Code, for |
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approval of the release under supervision of a person committed to |
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the Texas Juvenile Justice Department under Section 54.04(d)(3), |
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54.04(m), or 54.05(f), or on receipt of a referral under Sections |
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152.0016(g) or (j), Human Resources Code, the court shall set a time |
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and place for a hearing on the possible transfer or release of the |
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person, as applicable. |
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(b) The court shall notify the following of the time and |
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place of the hearing: |
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(1) the person to be transferred or released under |
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supervision; |
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(2) the parents of the person; |
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(3) any legal custodian of the person, including, as |
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applicable, the Texas Juvenile Justice Department or a juvenile |
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probation department under Section 152.0016, Human Resources Code; |
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(4) the office of the prosecuting attorney that |
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represented the state in the juvenile delinquency proceedings; |
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(5) the victim of the offense that was included in the |
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delinquent conduct that was a ground for the disposition, or a |
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member of the victim's family; and |
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(6) any other person who has filed a written request |
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with the court to be notified of a release hearing with respect to |
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the person to be transferred or released under supervision. |
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(d) At a hearing under this section, the court may consider |
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written reports and supporting documents from probation officers, |
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professional court employees, professional consultants, or |
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employees of the Texas Juvenile Justice Department, or employees of |
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a facility operated under Section 152.0016, Human Resources Code, |
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in addition to the testimony of witnesses. On or before the fifth |
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day of the hearing, the court shall provide the attorney for the |
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person to be transferred or released under supervision with access |
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to all written matter to be considered by the court. All written |
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matter is admissible in evidence at the hearing. |
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SECTION 4. Section 58.352(a), Family Code, is amended to |
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read as follows: |
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(a) A juvenile court judge in a county to which this |
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subchapter applies shall post a report on the Internet website of |
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the county in which the court is located. The report must include: |
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(1) the total number of children committed by the |
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judge to a correctional facility operated by the Texas Youth
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Commission Juvenile Justice Department; and
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(2) the total number of children committed by the |
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judge to a facility operated under Section 152.0016, Human |
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Resources Code, if applicable; and |
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(23) for each child committed to a facility described |
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by Subdivision (1) or (2): |
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(A) a general description of the offense |
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committed by the child or the conduct of the child that led to the |
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child's commitment to the facility; |
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(B) the year the child was committed to the |
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facility; and |
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(C) the age range, race, and gender of the child. |
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SECTION 5. Section 499.053, Government Code, is amended to |
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read as follows: |
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Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE |
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DEPARTMENT OR A POST-ADJUDICATION SECURE CORRECTIONAL FACILITY. |
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(a) The department shall accept persons transferred to the |
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department from the Texas Juvenile Justice Department under Section |
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245.151, Human Resources Code, or a post-adjudication secure |
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correctional facility under Section 152.00161, Human Resources |
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Code. |
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(b) A person transferred to the department from the Texas |
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Juvenile Justice Department or a post-adjudication secure |
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correctional facility is entitled to credit on the person's |
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sentence for the time served in the custody of the Texas Juvenile |
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Justice Department or the juvenile probation department, as |
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applicable. |
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(c) All laws relating to good conduct time and eligibility |
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for release on parole or mandatory supervision apply to a person |
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transferred to the department by the Texas Juvenile Justice |
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Department or a post-adjudication secure correctional facility as |
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if the time the person was detained in a detention facility and the |
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time the person served in the custody of the Texas Juvenile Justice |
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Department or the juvenile probation department was time served in |
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the custody of the department. |
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(d) A person transferred from the Texas Juvenile Justice |
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Department or a post-adjudication secure correctional facility for |
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the offense of capital murder shall become eligible for parole as |
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provided in Section 508.145(d) for an offense listed in Section 3g, |
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Article 42.12, Code of Criminal Procedure, or an offense for which a |
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deadly weapon finding has been made. |
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SECTION 6. Section 508.003(c), Government Code, is amended |
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to read as follows: |
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(c) The provisions of this chapter not in conflict with |
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Section 508.156 apply to parole of a person from the Texas Youth
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Commission Juvenile Justice Department or a post-adjudication |
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secure correctional facility under that section. |
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SECTION 7. Sections 508.156 (a), (d), (e), and (f), |
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Government Code, are amended to read as follows: |
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Sec. 508.156. DETERMINATE SENTENCE PAROLE. (a) Before the |
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release of a person who is transferred under Section 245.051(c), or |
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245.151(e), 152.0016(g), or 152.00161(e), Human Resources Code, to |
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the department for release on parole, a parole panel shall review |
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the person's records and may interview the person or any other |
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person the panel considers necessary to determine the conditions of |
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parole. The panel may impose any reasonable condition of parole on |
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the person that the panel may impose on an adult inmate under this |
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chapter. |
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(d) The period of parole for a person released on parole |
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under this section is the term for which the person was sentenced |
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less calendar time served at the Texas Youth Commission Juvenile |
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Justice Department or in the custody of a juvenile probation |
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department as a result of a commitment under Section |
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54.04011(c)(2), Family Code, and in a juvenile detention facility |
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in connection with the conduct for which the person was |
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adjudicated. |
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(e) If a parole panel revokes the person's parole, the panel |
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may require the person to serve the remaining portion of the |
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person's sentence in the institutional division. The remaining |
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portion of the person's sentence is computed without credit for the |
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time from the date of the person's release to the date of |
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revocation. The panel may not recommit the person to the Texas |
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Youth Commission Juvenile Justice Department or to a local juvenile |
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probation department. |
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(f) For purposes of this chapter, a person released from the |
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Texas Youth Commission Juvenile Justice Department or from a local |
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juvenile probation department on parole under this section is |
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considered to have been convicted of the offense for which the |
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person has been adjudicated. |
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SECTION 8. Section 152.0016, Human Resources Code, is |
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amended to add Subsections (f-1), (f-2), and (g-1) to read as |
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follows: |
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(f-1) After a child has completed the established minimum |
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length of stay, the juvenile board or local juvenile probation |
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department shall: |
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(1) discharge the child from the custody of the |
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juvenile board or local juvenile probation department; |
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(2) release the child under supervision as provided by |
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Subsection (c)(2); or |
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(3) extend the child's length of stay in the custody of |
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the juvenile board or local juvenile probation department. |
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(f-2) A child's length of stay may only be extended under |
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Subsection (f-1)(3) on the basis of clear and convincing evidence |
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that: |
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(1) the child is in need of additional rehabilitation |
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from the local juvenile probation department; and |
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(2) the post-adjudication secure correctional |
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facility will provide the most suitable environment for that |
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rehabilitation. |
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(g-1) The local juvenile probation department may request |
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the approval of the court under Subsection (g) at any time. |
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SECTION 9. Sections 152.0016(h) and (i), Human Resources |
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Code, are amended to read as follows: |
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(h) The juvenile board or local juvenile probation |
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department may release a child who has been committed to a |
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post-adjudication secure correctional facility with a determinate |
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sentence under Section 54.04011(c)(2), Family Code, under |
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supervision without approval of the juvenile court that entered the |
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order of commitment if not more than nine months remain before the |
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child's discharge as provided by Section 245.051(g) under |
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152.00161(b). |
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(i) The juvenile board or local juvenile probation |
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department may resume the care and custody of any child released |
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under supervision at any time before the final discharge of the |
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child in accordance with the rules governing the Texas Juvenile |
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Justice Department regarding resumption of care. Sections 243.051 |
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and 245.051(f), Human Resources Code, are applicable to a child who |
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has been committed to a post-adjudication secure correctional |
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facility under Section 54.04011(c), Family Code, and who has |
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escaped or broken the conditions of release under supervision, as |
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applicable. A hearing examiner who conducts a revocation under this |
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Subsection has the same subpoena authority as provided to a hearing |
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officer at the Texas Juvenile Justice Department under Section |
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203.008, Human Resources Code. |
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SECTION 10. Subchapter A, Chapter 152, Human Resources |
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Code, is amended by adding Section 152.00161 to read as follows: |
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Section 152.00161 TERMINATION OF CONTROL. (a) Except as |
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provided by Subsections (b) and (c), if a person is committed to a |
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post-adjudication secure correctional facility under a determinate |
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sentence as provided by Section 54.04011(c)(2), Family Code, the |
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juvenile board or juvenile probation department may not discharge |
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the person from its custody. |
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(b) The juvenile board or juvenile probation department |
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shall discharge without a court hearing a person committed to the |
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department for a determinate sentence under Section |
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54.04011(c)(2), Family Code, who has not been transferred to the |
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Texas Department of Criminal Justice under a court order on the date |
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the time spent by the person in detention in connection with the |
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committing offense plus the time spent in the custody of the |
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juvenile probation department under the order of commitment equals |
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the period of the sentence. |
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(c) The juvenile board or juvenile probation department |
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shall transfer to the Texas Department of Criminal Justice a person |
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who is the subject of an order under Section 152.0016(j) |
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transferring the person to the custody of the Texas Department |
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Criminal Justice for the completion of the person's sentence. |
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(d) Except as provided by Subsection (e), the juvenile board |
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or juvenile probation department shall discharge from its custody a |
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person not already discharged on the person's 19th birthday. |
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(e) The juvenile board or juvenile probation department |
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shall transfer a person who has been sentenced under a determinate |
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sentence to commitment as provided by Section 54.04011(c)(2), |
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Family Code, or who has been returned to the juvenile probation |
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department under Section 54.11(i)(1), Family Code, to the custody |
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of the Texas Department of Criminal Justice on the person's 19th |
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birthday, if the person has not already been discharged or |
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transferred, to serve the remainder of the person's sentence on |
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parole as provided by Section 508.156, Government Code. |
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SECTION 11. Subchapter A, Chapter 152, Human Resources |
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Code, is amended by adding Section 152.00162 to read as follows: |
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152.00162 DETERMINATE SENTENCE PAROLE. (a) Not later than |
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the 90th day before the date the juvenile probation department |
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transfers a person to the custody of the Texas Department of |
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Criminal Justice for release on parole supervision under Section |
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152.0016(g) or 152.00161(e), the juvenile probation department |
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shall submit to the Texas Department of Criminal Justice all |
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pertinent information relating to the person, including: |
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(1) the juvenile court judgment; |
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(2) the circumstances of the person's offense; |
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(3) the person's previous social history and juvenile |
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court records; |
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(4) the person's physical and mental health record; |
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(5) a record of the person's conduct, employment |
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history, and attitude while committed to the juvenile probation |
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department; |
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(6) a record of the sentence time served by the person |
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at the juvenile probation department as a result of a commitment |
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under Section 54.04011(c)(2), Family Code, and in a juvenile |
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detention facility in connection with the conduct for which the |
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person was committed; and |
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(7) any written comments or information provided by |
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the juvenile probation department, local officials, family members |
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of the person, victims of the offense, or the general public. |
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(b) The juvenile probation department shall provide |
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instruction for parole officers of the Texas Department of Criminal |
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Justice relating to juvenile programs at the juvenile probation |
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department. The juvenile probation department and the Texas |
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Department of Criminal Justice shall enter into a memorandum of |
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understanding relating to the administration of this subsection. |
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(c) The Texas Department of Criminal Justice shall grant |
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credit for sentence time served by a person at the juvenile |
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probation department and in a juvenile detention facility, as |
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recorded by the department under Subsection (a)(6), in computing |
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the person's eligibility for parole and discharge from the Texas |
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Department of Criminal Justice. |
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SECTION 12. Subchapter A, Chapter 152, Human Resources |
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Code, is amended by adding Section 152.00163 to read as follows: |
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152.00163 CHILD WITH MENTAL ILLNESS OR INTELLECTUAL |
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DISABILITY. (a) The juvenile probation department shall accept a |
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child with a mental illness or intellectual disability who is |
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committed to its custody. |
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(b) Unless a child is committed to the juvenile probation |
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department under a determinate sentence under Section 54.04(d)(3), |
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54.04(m), or 54.05(f), Family Code, the department shall discharge |
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a child with a mental illness or intellectual disability from its |
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custody if: |
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(1) the child has completed the minimum length of stay |
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for the child's committing offense; and |
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(2) the juvenile probation department determines that |
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the child is unable to progress in its rehabilitation programs |
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because of the child's mental illness or intellectual disability. |
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(c) If a child who is discharged from the juvenile probation |
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department under Subsection (b) as a result of mental illness is not |
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receiving court-ordered mental health services, the child's |
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discharge is effective on the earlier of: |
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(1) the date the court enters an order regarding an |
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application for mental health services filed under Section |
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152.001631(b); or |
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(2) the 30th day after the date the application is |
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filed. |
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(d) If a child who is discharged from the juvenile probation |
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department under Subsection (b) as a result of mental illness is |
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receiving court-ordered mental health services, the child's |
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discharge is effective immediately. If the child is receiving |
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mental health services outside the child's home county, the |
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juvenile probation department shall notify the mental health |
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authority located in that county of the discharge not later than the |
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30th day after the date that the child's discharge is effective. |
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(e) If a child who is discharged from the juvenile probation |
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department under Subsection (b) as a result of an intellectual |
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disability is not receiving intellectual disability services, the |
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child's discharge is effective on the earlier of: |
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(1) the date the court enters an order regarding an |
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application for intellectual disability services filed under |
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Section 152.001631(b); or |
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(2) the 30th day after the date that the application is |
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filed. |
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(f) If a child who is discharged from the juvenile probation |
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department under Subsection (b) as a result of intellectual |
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disability is receiving intellectual disability services, the |
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child's discharge from the department's custody is effective |
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immediately. |
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(g) If a child with a mental illness or intellectual |
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disability is discharged from the juvenile probation department |
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under Subsection (b), the child is eligible to receive continuity |
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of care services from the Texas Correctional Office on Offenders |
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with Medical or Mental Impairments under Chapter 614, Health and |
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Safety Code. |
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SECTION 13. Subchapter A, Chapter 152, Human Resources |
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Code, is amended by adding Section 152.001631 to read as follows: |
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Sec. 152.001631 EXAMINATION BEFORE DISCHARGE. (a) The |
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juvenile probation department shall establish a system that |
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identifies children with mental illnesses or intellectual |
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disabilities who are in the department's custody. |
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(b) Before a child with a mental illness is discharged from |
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the juvenile probation department's custody under Section |
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152.00163(b), the department shall have a psychiatrist examine the |
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child. The juvenile probation department shall refer a child |
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requiring outpatient psychiatric treatment to the appropriate |
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mental health authority. For a child requiring inpatient |
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psychiatric treatment, the juvenile probation department shall |
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file a sworn application for court-ordered mental health services, |
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as provided in Subchapter C, Chapter 574, Health and Safety Code, |
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if: |
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(1) the child is not receiving court-ordered mental |
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health services; and |
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(2) the psychiatrist who examined the child determines |
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that the child has a mental illness and the child meets at least one |
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of the criteria listed in Section 574.034, Health and Safety Code. |
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(c) Before a child who is identified as having an |
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intellectual disability under Chapter 593, Health and Safety Code, |
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is discharged from the juvenile probation department's custody |
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under Section 152.00163(b), the department shall refer the child |
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for intellectual disability services if the child is not receiving |
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mental health services. |
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SECTION 14. Subchapter A, Chapter 152, Human Resources |
|
Code, is amended by adding Section 152.001632 to read as follows: |
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Sec. 152.001632. TRANSFER OF CERTAIN CHILDREN SERVING |
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DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a) The |
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juvenile probation department may petition the juvenile court that |
|
entered the order of commitment for a child for the initiation of |
|
mental health commitment proceedings if the child is committed to |
|
the department under a determinate sentence under Section |
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54.04(d)(3), 54.04(m), or 54.05(f), Family Code. |
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(b) A petition made by the juvenile probation department |
|
shall be treated as a motion under Section 55.11, Family Code, and |
|
the juvenile court shall proceed in accordance with Subchapter B, |
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Chapter 55, Family Code. |
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(c) The juvenile probation department shall cooperate with |
|
the juvenile court in any proceeding under this section. |
|
(d) The juvenile court shall credit to the term of the |
|
child's commitment to the juvenile probation department any time |
|
the child is committed to an inpatient mental health facility. |
|
(e) A child committed to an inpatient mental health facility |
|
as a result of a petition filed under this section may not be |
|
released from the facility on a pass or furlough. |
|
(f) If the term of an order committing a child to an |
|
inpatient mental health facility is scheduled to expire before the |
|
end of the child's sentence and another order committing the child |
|
to an inpatient mental health facility is not scheduled to be |
|
entered, the inpatient mental health facility shall notify the |
|
juvenile court that entered the order of commitment committing the |
|
child to the juvenile probation department. The juvenile court may |
|
transfer the child to the custody of the juvenile probation |
|
department, transfer the child to the Texas Department of Criminal |
|
Justice, or release the child under supervision, as appropriate. |
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SECTION 15. This Act takes effect September 1, 2015. |