BILL ANALYSIS

 

 

Senate Research Center

S.B. 1350

85R12577 MK-F

By: Watson

 

Criminal Justice

 

4/20/2017

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 83rd Texas Legislature enacted S.B. 511, which authorized Travis County to commit its juvenile offenders to a local post-adjudication secure correctional facility, instead of a facility operated by the Texas Juvenile Justice Department (TJJD). Pursuant to this bill and a policy adopted by the Travis County Juvenile Board, the Travis County Juvenile Probation Department began its local commitment program (LCP) on December 1, 2013. The Travis County LCP allows juvenile offenders to remain closer to home and family, which often leads to better outcomes.

 

The LCP statutes are set to expire on December 31, 2018. But, in the years since their initial enactment, the legislature has continued to embrace a juvenile justice model that strives to keep offenders in smaller facilities that are closer to their home, as opposed to large, state institutions. In fact, last session the legislature enacted S.B. 1630, which required TJJD to create and implement a regionalization plan that diverts juvenile offenders away from large, state institutions. As a complement to this effort, the judges who oversee the Travis County LCP believe the program should continue.

 

S.B. 1350 furthers the state's regionalized approach to juvenile justice by repealing the expiration dates in the LCP statutes. This will allow Travis County judges to continue to commit its juvenile offenders to local post-adjudication secure correctional facilities instead of TJJD facilities.

 

As proposed, S.B. 1350 amends current law relating to the commitment of certain juveniles to local post-adjudication secure correctional facilities in certain counties and to the release under supervision of those juveniles.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Reenacts Section 261.101(e), Human Resources Code, as amended by Section 11(a), Chapter 854 (S.B. 1149), and Chapter 962 (S.B. 1630), Acts of the 84th Legislature, Regular Session, 2015, and amends it to make nonsubstantive changes to certain powers of the office of the independent ombudsman (office).

 

SECTION 2. Repealer: Section 54.04011(f) (relating to the provision that this section expires on December 31, 2018), Family Code.

 

Repealers: Sections 152.0016(1) (relating to the provision that this section expires on December 31, 2018) and 261.101(f) (relating to the provision that this and certain other subsections and Subsections (a-1) and (e) expire December 31, 2018), Human Resources Code.

 

Repealer: Section 11(b), Chapter 854 (S.B. 1149), Acts of the 84th Legislature, Regular Session, 2015, which added Section 261.101(e) (relating to limiting the powers of the office), Human Resources Code.

 

SECTION 3. Effective date: September 1, 2017.