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SECTION 1. Section 58.301,
Family Code, is amended read as follows:
Sec. 58.301. DEFINITIONS.
In this subchapter:
(1) "County juvenile
board" means a juvenile board created under Chapter 152, Human
Resources Code.
(2) "Governmental
placement facility" means a juvenile residential placement facility
operated by a unit of government.
(3) "Governmental
service provider" means a juvenile justice service provider operated
by a unit of government.
(4) "Juvenile
facility" means a facility that serves juveniles under juvenile court
jurisdiction and that is operated as a holdover facility, a
pre-adjudication detention facility, a non-secure facility, or a
post-adjudication secure correctional facility.
(5) "Local
juvenile justice information system" means a county or multicounty
computerized database of information concerning children, with data entry
and access by the partner agencies that are members of the system.
(5)(6)
"Partner agency" means a governmental
service provider or governmental
placement facility that is authorized by this subchapter to be a
member of a local juvenile justice information system or that has applied
to be a member of a local juvenile justice information system and has been
approved by the county juvenile board or regional juvenile board committee
as a member of the system. The term
includes governmental juvenile facilities.
(6)(7)
"Regional juvenile board committee" means a committee that is
composed of two members from each county juvenile board in a region that
comprises a multicounty local juvenile information system.
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SECTION 1. Section 58.301,
Family Code, is amended by amending Subdivisions (2) and (5) and adding
Subdivision (2-a) to read as follows:
(2) "Juvenile
facility" means a facility that:
(A) serves juveniles under
a juvenile court's jurisdiction; and
(B) is operated as a
holdover facility, a pre-adjudication detention facility, a nonsecure
facility, or a post-adjudication secure correctional facility.
(2-a)
"Governmental juvenile [placement] facility" means
a juvenile [residential placement] facility operated by a unit of
government.
(5) "Partner
agency" means a [governmental]
service provider or juvenile [governmental placement]
facility that is authorized by this subchapter to be a member of a local
juvenile justice information system or that has applied to be a member of a
local juvenile justice information system and has been approved by the
county juvenile board or regional juvenile board committee as a member of
the system.
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SECTION 2. Section 58.303,
Family Code, is amended read as follows:
Sec. 58.303. LOCAL JUVENILE
JUSTICE INFORMATION SYSTEM. (a) Juvenile justice agencies in a county or
region of this state may jointly create and maintain a local juvenile
justice information system to aid in processing the cases of children under
this code, to facilitate the delivery of services to children in the
juvenile justice system, and to aid in the early identification of at-risk
and delinquent children.
(b) A local juvenile justice
information system may contain the following components:
(1) case management
resources for juvenile courts, court clerks, prosecuting attorneys, and
county juvenile probation departments;
(2) reporting systems to
fulfill statutory requirements for reporting in the juvenile justice
system;
(3) service provider
directories and indexes of agencies providing services to children;
(4) victim-witness notices
required under Chapter 57;
(5) electronic filing of
complaints or petitions, court orders, and other documents filed with the
court, including documents containing electronic signatures;
(6) electronic offense and
intake processing;
(7) case docket management
and calendaring;
(8) communications by email
or other electronic communications between partner agencies;
(9) reporting of charges
filed, adjudications and dispositions of juveniles by municipal and justice
courts and the juvenile court, and transfers of cases to the juvenile court
as authorized or required by Section 51.08;
(10) reporting to schools
under Article 15.27, Code of Criminal Procedure, by law enforcement
agencies, prosecuting attorneys, and juvenile courts;
(11) records of
adjudications and dispositions, including probation conditions ordered by
the juvenile court; and
(12) warrant management and
confirmation capabilities; and
(13) management of
juveniles in juvenile facilities.
(c) Expired.
(d) Membership in a local
juvenile justice information system is determined by this subchapter.
Membership in a regional juvenile justice information system is determined
by the regional juvenile board committee from among partner agencies that
have applied for membership.
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SECTION 2. Section
58.303(b), Family Code, is amended to read as follows:
(b) A local juvenile justice
information system may contain the following components:
(1) case management
resources for juvenile courts, court clerks, prosecuting attorneys, and
county juvenile probation departments;
(2) reporting systems to
fulfill statutory requirements for reporting in the juvenile justice
system;
(3) service provider
directories and indexes of agencies providing services to children;
(4) victim-witness notices
required under Chapter 57;
(5) electronic filing of
complaints or petitions, court orders, and other documents filed with the
court, including documents containing electronic signatures;
(6) electronic offense and
intake processing;
(7) case docket management
and calendaring;
(8) communications by email
or other electronic communications between partner agencies;
(9) reporting of charges
filed, adjudications and dispositions of juveniles by municipal and justice
courts and the juvenile court, and transfers of cases to the juvenile court
as authorized or required by Section 51.08;
(10) reporting to schools
under Article 15.27, Code of Criminal Procedure, by law enforcement
agencies, prosecuting attorneys, and juvenile courts;
(11) records of
adjudications and dispositions, including probation conditions ordered by
the juvenile court; [and]
(12) warrant management and
confirmation capabilities; and
(13) case management for juveniles in
juvenile facilities.
No
equivalent provision. (But see SECTION 7 below.)
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SECTION 3. Section 58.304,
Family Code, is amended read as follows:
Sec. 58.304. TYPES OF
INFORMATION CONTAINED IN A LOCAL JUVENILE INFORMATION SYSTEM.
(a) Subject to Subsection
(d), aA local juvenile justice information system must consist
of:
(1) information relating to
all referrals to the juvenile court of any type, including referrals for
conduct indicating a need for supervision and delinquent conduct; and
(2) information relating to:
(A) the juvenile;
(B) the intake or referral
of the juvenile into the juvenile justice system for any offense or
conduct;
(C) the detention of the
juvenile;
(D) the prosecution of the
juvenile;
(E) the disposition of the
juvenile's case, including the name and description of any program to which
the juvenile is referred; and
(F) the probation,
placement, or commitment of the juvenile.
(b) To the extent possible
and subject to Subsections Subsection (a) and (d), the
local juvenile justice information system may include the following
information for each juvenile taken into custody, detained, or referred
under this title:
(1) the juvenile's name,
including other names by which the juvenile is known;
(2) the juvenile's date and
place of birth;
(3) the juvenile's physical
description, including sex, weight, height, race, ethnicity, eye color,
hair color, scars, marks, and tattoos;
(4) the juvenile's state
identification number and other identifying information;
(5) the juvenile's
fingerprints and photograph;
(6) the juvenile's last
known residential address, including the census tract number designation
for the address;
(7) the name, address, and
phone number of the juvenile's parent, guardian, or custodian;
(8) the name and identifying
number of the agency that took into custody or detained the juvenile;
(9) each date of custody or
detention;
(10) a detailed description of
the conduct for which the juvenile was taken into custody, detained, or
referred, including the level and degree of the alleged offense;
(11) the name and
identifying number of the juvenile intake agency or juvenile probation
office;
(12) each disposition by the
juvenile intake agency or juvenile probation office;
(13) the date of disposition
by the juvenile intake agency or juvenile probation office;
(14) the name and
identifying number of the prosecutor's office;
(15) each disposition by the
prosecutor;
(16) the date of disposition
by the prosecutor;
(17) the name and
identifying number of the court;
(18) each disposition by the
court, including information concerning custody of a juvenile by a juvenile
justice agency or county juvenile probation department;
(19) the date of disposition
by the court;
(20) any commitment or
release under supervision by the Texas Juvenile Justice Department,
including the date of the commitment or release;
(21) information concerning
each appellate proceeding; and
(22) electronic copies of
all documents filed with the court; and
(23) information obtained
for the purpose of diagnosis, examination, evaluation, or treatment or for
making a referral for treatment of a child by a public or private agency or
institution providing supervision of a child by arrangement of the juvenile
court or having custody of the child under order of the juvenile court.
(c) If the Department of
Public Safety assigns a state identification number for the juvenile, the
identification number shall be entered in the local juvenile information
system.
(d) Information obtained
for the purpose of diagnosis, examination, evaluation, or treatment or for
making a referral for treatment of a child by a public or private agency or
institution providing supervision of a child by arrangement of the juvenile
court or having custody of the child under order of the juvenile court may
not be collected under Subsection (a) or (b).
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SECTION 3. Sections
58.304(a) and (b), Family Code, are amended to read as follows:
(a) A [Subject to
Subsection (d), a] local juvenile justice information system must
consist of:
(1) information relating to
all referrals to the juvenile court of any type, including referrals for
conduct indicating a need for supervision and delinquent conduct; and
(2) information relating to:
(A) the juvenile;
(B) the intake or referral
of the juvenile into the juvenile justice system for any offense or
conduct;
(C) the detention of the
juvenile;
(D) the prosecution of the
juvenile;
(E) the disposition of the
juvenile's case, including the name and description of any program to which
the juvenile is referred; and
(F) the probation,
placement, or commitment of the juvenile.
(b) To the extent possible
and subject to Subsection (a) [Subsections (a) and (d)], the
local juvenile justice information system may include the following
information for each juvenile taken into custody, detained, or referred
under this title:
(1) the juvenile's name,
including other names by which the juvenile is known;
(2) the juvenile's date and
place of birth;
(3) the juvenile's physical
description, including sex, weight, height, race, ethnicity, eye color,
hair color, scars, marks, and tattoos;
(4) the juvenile's state
identification number and other identifying information;
(5) the juvenile's
fingerprints and photograph;
(6) the juvenile's last
known residential address, including the census tract number designation
for the address;
(7) the name, address, and
phone number of the juvenile's parent, guardian, or custodian;
(8) the name and identifying
number of the agency that took into custody or detained the juvenile;
(9) each date of custody or
detention;
(10) a detailed description
of the conduct for which the juvenile was taken into custody, detained, or
referred, including the level and degree of the alleged offense;
(11) the name and
identifying number of the juvenile intake agency or juvenile probation
office;
(12) each disposition by the
juvenile intake agency or juvenile probation office;
(13) the date of disposition
by the juvenile intake agency or juvenile probation office;
(14) the name and
identifying number of the prosecutor's office;
(15) each disposition by the
prosecutor;
(16) the date of disposition
by the prosecutor;
(17) the name and
identifying number of the court;
(18) each disposition by the
court, including information concerning custody of a juvenile by a juvenile
justice agency or county juvenile probation department;
(19) the date of disposition
by the court;
(20) any commitment or
release under supervision by the Texas Juvenile Justice Department,
including the date of the commitment or release;
(21) information concerning
each appellate proceeding; [and]
(22) electronic copies of
all documents filed with the court; and
(23) information obtained
for the purpose of diagnosis, examination, evaluation, treatment, or
referral for treatment of a child by a public or private agency or
institution providing supervision of a child by arrangement of the juvenile
court or having custody of the child under order of the juvenile court.
No
equivalent provision. (But see SECTION 7 below.)
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SECTION 5. Section 58.306,
Family Code, is amended read as follows:
Sec. 58.306. ACCESS TO
INFORMATION; LEVELS. (a) This section describes the level of access to
information to which each partner agency in a local juvenile justice
information system is entitled.
(b) Information is at Access
Level 1 if the information relates to a child:
(1) who:
(A) a school official has
reasonable grounds to believe has committed an offense for which a report
is required under Section 37.015, Education Code; or
(B) has been expelled, the
expulsion of which is required to be reported under Section 52.041; and
(2) who has not been charged
with a fineable only offense, a status offense, or delinquent conduct.
(c) Information is at Access
Level 2 if the information relates to a child who:
(1) is alleged in a justice
or municipal court to have committed a fineable only offense, municipal
ordinance violation, or status offense; and
(2) has not been charged
with delinquent conduct or conduct indicating a need for supervision.
(d) Information is at Access
Level 3 if the information relates to a child who is alleged to have
engaged in delinquent conduct or conduct indicating a need for supervision.
(e)
Information is at Access Level 4 if the information is obtained for the
purpose of diagnosis, examination, evaluation, or treatment or for making a
referral for treatment of a child by a public or private agency or
institution providing supervision of a child by arrangement of the juvenile
court or having custody of the child under order of the juvenile court.
(f) Level 1 Access is
by public school districts in the county or region served by the local
juvenile justice information system.
(f)(g) Level 2
Access is by:
(1) justice of the peace
courts that process juvenile cases; and
(2) municipal courts that
process juvenile cases.
(g)(h) Level 3
Access is by:
(1) the juvenile court and
court clerk;
(2) the prosecuting
attorney;
(3) the county juvenile
probation department;
(4) law enforcement
agencies;
(5) governmental service providers
that are partner agencies; and
(6) governmental
placement juvenile facilities that are partner agencies.
Private juvenile
facilities may access only information pertaining to juveniles detained or
placed within the respective facilities.
(i) Level 4 Access is by:
(1) the juvenile court
and court clerk;
(2) the county juvenile
probation department; and
(3) juvenile facilities.
Private juvenile
facilities may access only information pertaining to juveniles detained or
placed within the respective facilities.
(h)(i) Access
for Level 1 agencies is only to information at Level 1. Access for Level 2
agencies is only to information at Levels 1 and 2. Access for Level 3
agencies is to information at Levels 1, 2, and 3.
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SECTION 5. Section 58.306,
Family Code, is amended by amending Subsections (e), (f), and (g) and
adding Subsection (i) to read as follows:
(e) Except as provided by Subsection (i),
Level 1 Access is by public school districts in the county or region served
by the local juvenile justice information system.
(f) Except as provided by Subsection (i),
Level 2 Access is by:
(1) justice of the peace
courts that process juvenile cases; and
(2) municipal courts that
process juvenile cases.
(g) Except as provided by Subsection (i),
Level 3 Access is by:
(1) the juvenile court and
court clerk;
(2) the prosecuting
attorney;
(3) the county juvenile
probation department;
(4) law enforcement
agencies;
(5) governmental service
providers that are partner agencies; [and]
(6) governmental juvenile [placement]
facilities that are partner agencies;
and
(7) a private juvenile
facility that is a partner agency,
except the access is limited to information that relates to a child
detained or placed in the custody of the facility.
(i) Information described by Section 58.304(b)(23) may be
accessed only by:
(1) the juvenile court
and court clerk;
(2) the county juvenile
probation department;
(3) a governmental juvenile facility that is a partner agency; and
(4) a private juvenile facility that is a partner agency, except the access is limited to
information that relates to a child detained or placed in the custody of
the facility.
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