88R19159 MCF-F
 
  By: Moody, Thompson of Harris, H.B. No. 16
      A. Johnson of Harris, Leach, Cook,
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adjudication and disposition of cases involving
  delinquent conduct, certain juvenile court proceedings, and
  planning and funding for services for children in the juvenile
  justice system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.02, Family Code, is amended by adding
  Subdivision (7-a) to read as follows:
               (7-a) "Mitigating evidence" means evidence or
  information presented at a proceeding under this title that:
                     (A)  is used to assess the growth, culpability,
  and maturity of a child; and
                     (B)  takes into consideration:
                           (i)  the diminished culpability of
  juveniles, as compared to that of adults;
                           (ii)  the hallmark features of youth; and
                           (iii)  the greater capacity of juveniles for
  change, as compared to that of adults.
         SECTION 2.  Section 54.01, Family Code, is amended by adding
  Subsections (e-1), (e-2), and (e-3) to read as follows:
         (e-1)  At the conclusion of the hearing, the court shall
  refer the child to the Department of Family and Protective Services
  for early youth intervention services described by Section 264.302
  if the court does not release the child from detention due solely to
  a finding described by Subsection (e)(2) or (3).
         (e-2)  On receipt of a referral under Subsection (e-1), the
  Department of Family and Protective Services shall:
               (1)  conduct an early youth intervention services
  review not later than 72 hours, excluding weekends and holidays,
  after the conclusion of the hearing under Subsection (a); and
               (2)  submit the review to the court.
         (e-3)  A court that refers a child to the Department of
  Family and Protective Services under Subsection (e-1) shall:
               (1)  as soon as practicable after receiving the early
  youth intervention services review, consider the review; and
               (2)  if appropriate, release the child not later than
  the 10th working day after the date of the conclusion of the
  hearing.
         SECTION 3.  Section 54.02, Family Code, is amended by adding
  Subsection (d-1) and amending Subsection (h) to read as follows:
         (d-1)  In a hearing under this section, a presumption exists
  that it is in the best interest of the child and of justice that the
  juvenile court retain jurisdiction over the child.  The burden is on
  the state to overcome this presumption.
         (h)  If the juvenile court waives jurisdiction, it shall
  state specifically in the order its reasons for waiver.  The
  statement of reasons must include sufficient specificity to permit
  meaningful review, provide case-specific findings of fact that do
  not rely solely on the nature or seriousness of the offense, and
  refer to relevant mitigating evidence.  The court shall [and]
  certify its action, including the written order and findings of the
  court, and shall transfer the person to the appropriate court for
  criminal proceedings and cause the results of the diagnostic study
  of the person ordered under Subsection (d), including psychological
  information, to be transferred to the appropriate criminal
  prosecutor.  On transfer of the person for criminal proceedings,
  the person shall be dealt with as an adult and in accordance with
  the Code of Criminal Procedure, except that if detention in a
  certified juvenile detention facility is authorized under Section
  152.0015, Human Resources Code, the juvenile court may order the
  person to be detained in the facility pending trial or until the
  criminal court enters an order under Article 4.19, Code of Criminal
  Procedure.  A transfer of custody made under this subsection is an
  arrest.
         SECTION 4.  Section 54.04(c), Family Code, is amended to
  read as follows:
         (c)  No disposition may be made under this section unless the
  child is in need of rehabilitation or the protection of the public
  or the child requires that disposition be made.  If the court or
  jury does not so find, the court shall dismiss the child and enter a
  final judgment without any disposition.  No disposition placing the
  child on probation outside the child's home may be made under this
  section unless the court or jury finds that the child, in the
  child's home, cannot be provided the quality of care and level of
  support and supervision that the child needs to meet the conditions
  of the probation.  The court shall consider mitigating evidence of
  the child's circumstances in making a finding under this section.
         SECTION 5.  Section 54.04013, Family Code, is amended to
  read as follows:
         Sec. 54.04013.  SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
  DEPARTMENT.  (a)  Notwithstanding any other provision of this code,
  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 offense 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.  The court should consider
  the findings of a validated risk and needs assessment and the
  findings of any other appropriate professional assessment
  available to the court.
         (b)  In making a special commitment finding under Subsection
  (a), the court may consider mitigating evidence of the child's
  circumstances.
         SECTION 6.  Section 54.05(f), Family Code, is amended to
  read as follows:
         (f)  Except as provided by Subsection (j), a disposition
  based on a finding that the child engaged in delinquent conduct that
  violates a penal law of this state or the United States of the grade
  of felony may be modified so as to commit the child to the Texas
  Juvenile Justice Department [or, if applicable, a
  post-adjudication secure correctional facility operated under
  Section 152.0016, Human Resources Code,] if the court after a
  hearing to modify disposition finds by a preponderance of the
  evidence that the child violated a reasonable and lawful order of
  the court and makes a special commitment finding under Section
  54.04013.  A disposition based on a finding that the child engaged
  in habitual felony conduct as described by Section 51.031 or in
  delinquent conduct that included a violation of a penal law listed
  in Section 53.045(a) may be modified to commit the child to the
  Texas Juvenile Justice Department [or, if applicable, a
  post-adjudication secure correctional facility operated under
  Section 152.0016, Human Resources Code,] with a possible transfer
  to the Texas Department of Criminal Justice for a definite term
  prescribed by[, as applicable,] Section 54.04(d)(3) [or Section
  152.0016(g), Human Resources Code,] if the original petition was
  approved by the grand jury under Section 53.045 and if after a
  hearing to modify the disposition the court finds that the child
  violated a reasonable and lawful order of the court.
         SECTION 7.  Section 59.009(a), Family Code, is amended to
  read as follows:
         (a)  For a child at sanction level six, the juvenile court
  may commit the child to the custody of the Texas Juvenile Justice
  Department [or a post-adjudication secure correctional facility
  under Section 54.04011(c)(1)]. The department[, juvenile board, or
  local juvenile probation department, as applicable,] may:
               (1)  require the child to participate in a highly
  structured residential program that emphasizes discipline,
  accountability, fitness, training, and productive work for not less
  than nine months or more than 24 months unless the department,
  board, or probation department reduces or extends the period and
  the reason for a reduction or an extension is documented;
               (2)  require the child to make restitution to the
  victim of the child's conduct or perform community service
  restitution appropriate to the nature and degree of the harm caused
  and according to the child's ability, if there is a victim of the
  child's conduct;
               (3)  require the child and the child's parents or
  guardians to participate in programs and services for their
  particular needs and circumstances; and
               (4)  if appropriate, impose additional sanctions.
         SECTION 8.  Sections 264.302(d) and (e), Family Code, are
  amended to read as follows:
         (d)  The department shall [may] provide services under this
  section to a child who engages in conduct for which the child may be
  found by a court to be an at-risk child, without regard to whether
  the conduct violates a penal law of this state of the grade of
  felony other than a state jail felony, if the child was younger than
  13 [10] years of age at the time the child engaged in the conduct.
         (e)  The department shall provide services for a child and
  the child's family if [a contract to provide services under this
  section is available in the county and] the child is referred to the
  department as an at-risk child by:
               (1)  a juvenile court or probation department under
  Section 54.01 or as part of a progressive sanctions program under
  Chapter 59;
               (2)  a law enforcement officer or agency under Section
  52.03; or
               (3)  a justice or municipal court under Article 45.057,
  Code of Criminal Procedure.
         SECTION 9.  Chapter 203, Human Resources Code, is amended by
  adding Section 203.0171 to read as follows:
         Sec. 203.0171.  COMMUNITY-BASED DIVERSION AND INTERVENTION
  PLAN; TASK FORCE.  (a)  The department shall develop, and the board
  shall adopt, a strategic diversion and intervention plan to
  establish a network of community-based programs and services,
  within defined geographic regions of this state, to rehabilitate
  and keep children closer to home instead of placing children in
  post-adjudication secure correctional facilities.  The plan must:
               (1)  develop or update an inventory of community-based
  programs and services provided by local juvenile justice
  organizations and community-based organizations that serve
  juveniles;
               (2)  create an intercept map that:
                     (A)  plots resources and gaps across each
  intercept point within the juvenile justice system;
                     (B)  identifies local behavioral health services
  to support diversion from the justice system;
                     (C)  introduces community system leaders and
  staff to evidence-based practices and emerging best practices
  related to each intercept point; and
                     (D)  includes customized, local maps and action
  plans to address plotted gaps;
               (3)  describe barriers to securing rehabilitative and
  programmatic mental health and therapeutic treatment service
  providers in rural, multicounty, and regional jurisdictions;
               (4)  identify ways in which research-validated initial
  risk assessments may be utilized to connect resources with risk and
  protective factors identified in the assessments to create
  individualized diversion plans;
               (5)  highlight state and national models for
  community-based collaborations and cross-system partnerships for
  assessments and referrals of juveniles in need of mental health and
  substance use treatment, aftercare, and recovery services;
               (6)  develop a model memorandum of understanding and
  provider contract for community-based programs and services;
               (7)  describe and track the dispositional impact of the
  variability of diversionary community-based programs and services
  on court decisions to detain children in post-adjudication secure
  correctional facilities;
               (8)  identify effective strategies for leveraging
  community resources and strengths to divert children from placement
  in post-adjudication secure correctional facilities;
               (9)  include a description of various community-based
  programs and services that promote and incorporate trauma-informed
  services, equity- and culturally responsive services,
  gender-specific services, family involvement, wraparound services,
  and services that promote rehabilitative juvenile services through
  a therapeutic perspective; and
               (10)  examine any other issue pertaining to juvenile
  justice service providers and community-based infrastructure in
  this state.
         (b)  The board shall appoint a task force, in collaboration
  with the department's regionalization division established under
  Section 203.017, to consult with the department in developing the
  plan. The task force is composed of the following members:
               (1)  representatives designated by the advisory
  council on juvenile services;
               (2)  regional representatives;
               (3)  a juvenile court prosecutor, including a juvenile
  court prosecutor serving on the Juvenile Law Council of the
  Juvenile Law Section of the State Bar of Texas;
               (4)  a juvenile defense attorney, including a defense
  attorney serving on the Juvenile Law Council of the Juvenile Law
  Section of the State Bar of Texas;
               (5)  a juvenile court judge;
               (6)  subject matter experts designated by the
  department;
               (7)  a representative designated by the Department of
  Family and Protective Services;
               (8)  a representative designated by the Office of Court
  Administration of the Texas Judicial System;
               (9)  a youth advocate from a nonprofit or
  nongovernmental organization with experience in juvenile justice;
               (10)  a member of the public who has personal
  experience with or has been personally impacted by the juvenile
  justice system;
               (11)  a public or private program or service provider;
               (12)  an academic researcher from an accredited
  institution of higher education who specializes in juvenile justice
  issues;
               (13)  a staff member designated by an interested member
  of the legislature; and
               (14)  any other individual the board considers
  necessary, including experts who may serve in an advisory capacity.
         (c)  Not later than December 1, 2024, the department shall
  submit a copy of the plan under this section to each member of the
  legislature.
         SECTION 10.  Subchapter A, Chapter 221, Human Resources
  Code, is amended by adding Section 221.013 to read as follows:
         Sec. 221.013.  COMMUNITY REINVESTMENT FUND. (a)  Each
  county shall establish a community reinvestment fund.
         (b)  The juvenile board or juvenile probation department of
  the county shall partner with research-based service providers in
  the community to use money in the community reinvestment fund to
  provide services as an alternative to juvenile detention for youth
  in the community, including by providing mentoring, behavioral and
  mental health services, financial or housing assistance, job
  training, educational services, and after-school activities.
         (c)  The community reinvestment fund may be funded by:
               (1)  surplus funds of the department;
               (2)  the county; or
               (3)  gifts, grants, and donations.
         SECTION 11.  Chapter 223, Human Resources Code, is amended
  by adding Section 223.007 to read as follows:
         Sec. 223.007.  INCENTIVE FUNDING FOR COMMUNITY-BASED
  DIVERSION AND INTERVENTION.  (a)  The legislature may establish a
  special account in the general revenue fund to supplement local
  funds and encourage efficiencies in the formation of a network of
  community-based programs and services within the regions of this
  state and to generate savings by decreasing the population of
  post-adjudication secure correctional facilities.
         (b)  The department shall use the money in the account to
  initiate and support the implementation of the strategic
  community-based diversion and intervention plan under Section
  203.0171, including the implementation of 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.
         (c)  A region is eligible to receive funding from the
  department under this section only if the region meets the
  performance standards established by the department and adopted in
  contracts for community-based programs and services.
         (d)  Funding under this section is authorized in addition to
  reimbursements allocated by the department under Section 203.017.
         (e)  The department shall prepare a report that:
               (1)  outlines the amount of funds distributed as
  incentive for the specific strategies, programs, and services
  implemented as part of the plan described by Section 203.0171;
               (2)  demonstrates that certain regions or geographic
  areas are implementing the strategies implemented as part of the
  plan described by Section 203.0171;
               (3)  defines efficiencies of scale in measurable terms;
               (4)  proposes a payment schedule for distributing funds
  under this section; and
               (5)  establishes a method for the documentation and
  reporting of fund distributions under this section.
         (f)  Not later than December 1, 2024, the department shall
  submit a copy of the report under this section to each member of the
  legislature.
         SECTION 12.  Section 243.002, Human Resources Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  The department shall give credit toward the minimum
  length of stay established for the child for time spent in a
  pre-adjudication secure detention facility after commitment but
  before the child's transfer to the department.
         SECTION 13.  The following provisions of the Family Code are
  repealed:
               (1)  Section 54.04(z); and
               (2)  Section 264.302(c).
         SECTION 14.  (a)  Sections 54.01, 54.02, 54.04, 54.04013,
  and 54.05, Family Code, as amended by this Act, apply only to a
  hearing that occurs on or after the effective date of this Act.  A
  hearing that occurs before the effective date of this Act is
  governed by the law in effect at the time the hearing occurred, and
  the former law is continued in effect for that purpose.
         (b)  The changes in law made by this Act to Section
  59.009(a), Family Code, do not apply to a child committed to a
  post-adjudication secure correctional facility under former
  Section 54.04011(c)(1), Family Code, and the former law is
  continued in effect for a child committed to the facility.
         SECTION 15.  This Act takes effect September 1, 2023.