By: Whitmire S.B. No. 1630

A BILL TO BE ENTITLED

AN ACT

Relating to keeping children adjudicated as delinquent closer to home, funding for juvenile probation departments, powers of the independent ombudsman, and indeterminate commitment of children adjudicated as delinquent.

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

SECTION 1. Chapter 203, Human Resource Code, is amended by adding Sections 203.017 and 203.018 to read as follows:

Sec. 203.017. REGIONALIZATION. (a) The department shall develop and the board shall adopt a regionalization plan for keeping youth closer to home in lieu of commitment to the secure facilities operated by the department under Subtitle C. The plan shall define regions of the state to be served by facilities operated by juvenile probation departments, counties, or private operators, after consultation with juvenile probation departments to identify post-adjudication facility capacity that can be dedicated to support the regionalization plan. The department shall ensure that regions have defined, appropriate, evidence-based programs for the target populations defined by the plan. (b) The regionalization plan shall include a budget review redirection of staff and funding to align to the plan by creating a new division responsible for administering regionalization and monitoring program quality and accountability. The new division shall:

(1) approve plans and related protocols to administer regional model; (2) provide training on best practices for all local probation departments affected by the plan;

(3) assist in research-based program development;

(4) monitor contract and program measures for new regional mode;

(5) analyze department data to provide clear guidance to local probation departments on outcome measures; and

(6) report on performance of specific programs and placements to assist in implementing best practices and maximize the impact of state funds. (c) Regions shall be eligible for funding to support evidence-based, intensive in-home services, according to performance standards established by the department and adopted in contracts for placement and services.

Sec. 203.018. SPECIALIZED PROGRAMS AND SPECIAL PROJECTS. (a) The department shall develop specialized programs for determinate-sentenced children and special commitment children committed under Section 54.04012, Family Code. The programs shall ensure safety and security for committed children and provide developmentally appropriate program strategies. (b) The department shall establish performance based goals related to improved outcomes, which shall include recidivism measures and may include other well-being outcome measures. (c) The department shall utilize case review strategies to identify children presently in department facilities who can safely and appropriately be transferred to alternative local placements, halfway houses or parole. (d) The department shall study and report to the board on the potential for repurposing existing secure facilities for determinate sentenced children, special commitment children under Section 54.04012, Family Code, or other purposes.

SECTION 2. Section 223.001, Human Services Code, is amended to read as follows:

Sec. 223.001. DETERMINATION OF AMOUNT OF STATE AID. (a) The department shall annually allocate funds for financial assistance to juvenile boards to provide juvenile services according to current estimates of the number of juveniles in each county, a basic probation funding formula for departments that clearly defines what basic probation entails and what services are provided, and other factors the department determines are appropriate. (b) The legislature may appropriate the amount of state aid necessary to supplement local funds to maintain and improve statewide juvenile services that comply with department standards and to initiate the regionalization plan under Section 203.017 until savings are generated by decreases in the population of department facilities operated under Subtitle C. (c) The department shall may set aside a portion of the funds appropriated to the department for discretionary state aid to fund programs designed to address special needs or projects of local juvenile boards, including projects dedicated to specific target populations based on risk and needs, and with established recidivism reduction goals. The department shall develop discretionary grant funding protocols based on documented, data-driven and research-based practices. (d) The department shall reimburse counties for placement of youth in the regional specialized program at a rate that offers a savings to the state in relation to the average cost per day in a department facility operated under Subtitle C.

SECTION 3. Section 261.101, Human Resources Code, is amended to read as follows: Sec. 261.101. DUTIES AND POWERS. (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. (b) The independent ombudsman may apprise persons who are interested in a child's welfare of the rights of the child. (c) To assess if a child's rights have been violated, the independent ombudsman may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, child, parent, expert, or any other individual in the course of its investigation or to secure information. (d) Notwithstanding any other provision of this chapter, the independent ombudsman may not investigate alleged criminal behavior. (e) Notwithstanding any other provision of this chapter, the powers of the office are limited to facilities operated and services provided by the department under Subtitle C, and post-adjudication correctional facilities under Section 51.125, Family Code.

SECTION 4. Section 54.04, Family Code, is amended by amending subsection (d) 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, if a special commitment finding is made under Section 54.04012, 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 under Section 54.04012 or a post-adjudication secure correctional facility under Section 54.04011(c)(1) without a determinate sentence; (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 5. Chapter 54, Family Code, is amended by adding Section 54.04012 to read as follows: Sec. 54.04012. Special Commitment to Texas Juvenile Justice Department. After a disposition hearing held in accordance with Section 54.04, the juvenile court may commit a child who is found to have engaged in delinquent conduct that constitutes a felony to the Texas Juvenile Justice Department without a determinate sentence, if the court makes a special commitment finding that the child has behavioral health or other special needs that cannot be met with the resources available in the community, as documented in a validated needs assessment conducted by the juvenile probation department serving the court.

SECTION 6. The changes in law made by Sections 5 and 6 of this Act apply only to an offense committed on or after the effective date applicable to those sections of this Act. An offense committed before the effective date of those sections of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of those sections of this Act if any element of the offense occurred before that date.

SECTION 7. Sections 1, 2 and 3 of this Act take effect September 1, 2015. Sections 5 and 6 of this Act take effect September 1, 2017.