88R13519 SHH-D
 
  By: Wu, Reynolds, Thompson of Harris, Moody H.B. No. 3176
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a youthful offender pilot court
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle K, Title 2, Government Code, is amended
  by adding Chapter 127 to read as follows:
  CHAPTER 127. YOUTHFUL OFFENDER PILOT COURT PROGRAM
         Sec. 127.001.  YOUTHFUL OFFENDER PILOT COURT PROGRAM;
  PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youthful
  offender pilot court program" means a program that has the
  following essential characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety and to
  protect the due process rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to a continuum of counseling, mental
  health, alcohol, controlled substance, and other related treatment
  and rehabilitative services;
               (5)  careful monitoring of treatment and services
  provided to program participants;
               (6)  a coordinated strategy to govern program responses
  to participants' compliance;
               (7)  ongoing judicial interaction with program
  participants;
               (8)  monitoring and evaluation of program goals and
  effectiveness;
               (9)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations;
               (10)  development of partnerships with public agencies
  and community organizations; and
               (11)  inclusion of a participant's family members who
  agree to be involved in the treatment and services provided to the
  participant under the program.
         (b)  If a defendant successfully completes a youthful
  offender pilot court program, after notice to the attorney
  representing the state and a hearing in the youthful offender pilot
  court at which that court determines that a dismissal is in the best
  interest of justice, the court in which the criminal case is pending
  shall dismiss the case against the defendant.
         Sec. 127.002.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
  (a) The commissioners court of a county may establish a youthful
  offender pilot court program for persons arrested for or charged
  with an offense that is punishable as a felony, other than an
  offense listed in Article 42A.054(a), Code of Criminal Procedure.
         (b)  A defendant is eligible to participate in the youthful
  offender pilot court program established under this chapter only if
  the defendant was at least 17 years of age but younger than 22 years
  of age at the time of the offense.
         (c)  The court in which the criminal case is pending shall
  allow an eligible defendant to choose whether to proceed through
  the youthful offender pilot court program or otherwise through the
  criminal justice system.
         Sec. 127.003.  DUTIES OF YOUTHFUL OFFENDER PILOT COURT
  PROGRAM. (a) A youthful offender pilot court program established
  under this chapter must:
               (1)  ensure that a defendant eligible for participation
  in the program is provided legal counsel before electing to proceed
  through the program and while participating in the program;
               (2)  allow a participant to withdraw from the program
  at any time before a trial on the merits has been initiated; and
               (3)  provide a participant with a court-ordered
  individualized plan indicating the services that will be provided
  to the participant.
         (b)  A youthful offender pilot court program established
  under this chapter shall make, establish, and publish local
  procedures to ensure maximum participation of eligible defendants
  in the program.
         (c)  A youthful offender pilot court program may allow a
  participant to comply with the participant's court-ordered
  individualized plan or to fulfill certain other court obligations
  through the use of videoconferencing software or other
  Internet-based communications.
         Sec. 127.004.  REPORT. Not later than December 1, 2024, the
  commissioners court of a county that establishes a youthful
  offender pilot court program under this chapter shall submit a
  report to the governor, the lieutenant governor, the speaker of the
  house of representatives, and the standing committees of the
  legislature with primary jurisdiction over criminal justice
  matters, regarding the effectiveness of the program at enhancing
  judicial compliance and decreasing recidivism of youthful
  offenders.  The report must include the commissioners court's
  recommendation on whether the program should be continued.
         Sec. 127.005.  EXPIRATION.  This chapter expires September
  1, 2025.
         SECTION 2.  This Act takes effect September 1, 2023.