|
|
|
|
AN ACT
|
|
relating to the continuation and functions of the Texas Juvenile |
|
Justice Department, the functions of the office of independent |
|
ombudsman for the Texas Juvenile Justice Department, and the powers |
|
and duties of the office of inspector general of the Texas Juvenile |
|
Justice Department. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 2.12, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
|
officers: |
|
(1) sheriffs, their deputies, and those reserve |
|
deputies who hold a permanent peace officer license issued under |
|
Chapter 1701, Occupations Code; |
|
(2) constables, deputy constables, and those reserve |
|
deputy constables who hold a permanent peace officer license issued |
|
under Chapter 1701, Occupations Code; |
|
(3) marshals or police officers of an incorporated |
|
city, town, or village, and those reserve municipal police officers |
|
who hold a permanent peace officer license issued under Chapter |
|
1701, Occupations Code; |
|
(4) rangers, officers, and members of the reserve |
|
officer corps commissioned by the Public Safety Commission and the |
|
Director of the Department of Public Safety; |
|
(5) investigators of the district attorneys', criminal |
|
district attorneys', and county attorneys' offices; |
|
(6) law enforcement agents of the Texas Alcoholic |
|
Beverage Commission; |
|
(7) each member of an arson investigating unit |
|
commissioned by a city, a county, or the state; |
|
(8) officers commissioned under Section 37.081, |
|
Education Code, or Subchapter E, Chapter 51, Education Code; |
|
(9) officers commissioned by the General Services |
|
Commission; |
|
(10) law enforcement officers commissioned by the |
|
Parks and Wildlife Commission; |
|
(11) officers commissioned under Chapter 23, |
|
Transportation Code; |
|
(12) municipal park and recreational patrolmen and |
|
security officers; |
|
(13) security officers and investigators commissioned |
|
as peace officers by the comptroller; |
|
(14) officers commissioned by a water control and |
|
improvement district under Section 49.216, Water Code; |
|
(15) officers commissioned by a board of trustees |
|
under Chapter 54, Transportation Code; |
|
(16) investigators commissioned by the Texas Medical |
|
Board; |
|
(17) officers commissioned by: |
|
(A) the board of managers of the Dallas County |
|
Hospital District, the Tarrant County Hospital District, the Bexar |
|
County Hospital District, or the El Paso County Hospital District |
|
under Section 281.057, Health and Safety Code; |
|
(B) the board of directors of the Ector County |
|
Hospital District under Section 1024.117, Special District Local |
|
Laws Code; |
|
(C) the board of directors of the Midland County |
|
Hospital District of Midland County, Texas, under Section 1061.121, |
|
Special District Local Laws Code; and |
|
(D) the board of hospital managers of the Lubbock |
|
County Hospital District of Lubbock County, Texas, under Section |
|
1053.113, Special District Local Laws Code; |
|
(18) county park rangers commissioned under |
|
Subchapter E, Chapter 351, Local Government Code; |
|
(19) investigators employed by the Texas Racing |
|
Commission; |
|
(20) officers commissioned under Chapter 554, |
|
Occupations Code; |
|
(21) officers commissioned by the governing body of a |
|
metropolitan rapid transit authority under Section 451.108, |
|
Transportation Code, or by a regional transportation authority |
|
under Section 452.110, Transportation Code; |
|
(22) investigators commissioned by the attorney |
|
general under Section 402.009, Government Code; |
|
(23) security officers and investigators commissioned |
|
as peace officers under Chapter 466, Government Code; |
|
(24) officers appointed by an appellate court under |
|
Subchapter F, Chapter 53, Government Code; |
|
(25) officers commissioned by the state fire marshal |
|
under Chapter 417, Government Code; |
|
(26) an investigator commissioned by the commissioner |
|
of insurance under Section 701.104, Insurance Code; |
|
(27) officers appointed by the inspector general of |
|
[apprehension specialists and inspectors general commissioned by] |
|
the Texas Juvenile Justice Department [as officers] under Section |
|
[Sections] 242.102 [and 243.052], Human Resources Code; |
|
(28) officers appointed by the inspector general of |
|
the Texas Department of Criminal Justice under Section 493.019, |
|
Government Code; |
|
(29) investigators commissioned by the Texas |
|
Commission on Law Enforcement under Section 1701.160, Occupations |
|
Code; |
|
(30) commission investigators commissioned by the |
|
Texas Private Security Board under Section 1702.061, Occupations |
|
Code; |
|
(31) the fire marshal and any officers, inspectors, or |
|
investigators commissioned by an emergency services district under |
|
Chapter 775, Health and Safety Code; |
|
(32) officers commissioned by the State Board of |
|
Dental Examiners under Section 254.013, Occupations Code, subject |
|
to the limitations imposed by that section; and |
|
(33) [investigators commissioned by the Texas |
|
Juvenile Justice Department as officers under Section 221.011, |
|
Human Resources Code; and |
|
[(34)] the fire marshal and any related officers, |
|
inspectors, or investigators commissioned by a county under |
|
Subchapter B, Chapter 352, Local Government Code. |
|
SECTION 2. Articles 18B.001(1) and (4), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(1) "Authorized peace officer" means: |
|
(A) a sheriff or deputy sheriff; |
|
(B) a constable or deputy constable; |
|
(C) a marshal or police officer of a |
|
municipality; |
|
(D) a ranger or officer commissioned by the |
|
Public Safety Commission or the director of the department; |
|
(E) an investigator of a prosecutor's office; |
|
(F) a law enforcement agent of the Texas |
|
Alcoholic Beverage Commission; |
|
(G) a law enforcement officer commissioned by the |
|
Parks and Wildlife Commission; |
|
(H) an enforcement officer appointed by the |
|
inspector general of the Texas Department of Criminal Justice under |
|
Section 493.019, Government Code; |
|
(I) a law enforcement officer appointed by the |
|
inspector general of the Texas Juvenile Justice Department under |
|
Section 242.102, Human Resources Code; |
|
(J) an investigator commissioned by the attorney |
|
general under Section 402.009, Government Code; or |
|
(K) [(J)] a member of an arson investigating unit |
|
commissioned by a municipality, a county, or the state. |
|
(4) "Designated law enforcement office or agency" |
|
means: |
|
(A) the sheriff's department of a county with a |
|
population of 3.3 million or more; |
|
(B) a police department in a municipality with a |
|
population of 200,000 or more; [or] |
|
(C) the office of inspector general of the Texas |
|
Department of Criminal Justice; or |
|
(D) the office of inspector general of the Texas |
|
Juvenile Justice Department. |
|
SECTION 3. Article 18B.252(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(b) If the director of the department or the director's |
|
designee approves the policy submitted under Article 18B.251, the |
|
inspector general of the Texas Department of Criminal Justice or |
|
the inspector general's designee, the inspector general of the |
|
Texas Juvenile Justice Department or the inspector general's |
|
designee, or the sheriff or chief of a designated law enforcement |
|
agency or the sheriff's or chief's designee, as applicable, shall |
|
submit to the director a written list of all peace officers in the |
|
designated law enforcement office or agency who are authorized to |
|
possess, install, operate, or monitor pen registers, ESN readers, |
|
or similar equipment. |
|
SECTION 4. Article 18B.302(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) The inspector general of the Texas Department of |
|
Criminal Justice, the inspector general of the Texas Juvenile |
|
Justice Department or the inspector general's designee, or the |
|
sheriff or chief of a designated law enforcement agency, as |
|
applicable, shall submit to the director of the department a |
|
written report of expenditures made by the designated law |
|
enforcement office or agency to purchase and maintain a pen |
|
register, ESN reader, or similar equipment authorized under this |
|
chapter. |
|
SECTION 5. Article 18B.451, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 18B.451. SUBPOENA AUTHORITY. The director of the |
|
department or the director's designee, the inspector general of the |
|
Texas Department of Criminal Justice or the inspector general's |
|
designee, the inspector general of the Texas Juvenile Justice |
|
Department or the inspector general's designee, or the sheriff or |
|
chief of a designated law enforcement agency or the sheriff's or |
|
chief's designee may issue an administrative subpoena to a |
|
communication common carrier or a provider of an electronic |
|
communications service to compel the production of any carrier's or |
|
service provider's business records that: |
|
(1) disclose information about: |
|
(A) the carrier's or service provider's |
|
customers; or |
|
(B) users of the services offered by the carrier |
|
or service provider; and |
|
(2) are material to a criminal investigation. |
|
SECTION 6. Article 18B.452, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later |
|
than the 30th day after the date on which an administrative subpoena |
|
is issued under Article 18B.451, the inspector general of the Texas |
|
Department of Criminal Justice, the inspector general of the Texas |
|
Juvenile Justice Department or the inspector general's designee, or |
|
the sheriff or chief of a designated law enforcement agency, as |
|
applicable, shall report to the department the issuance of the |
|
subpoena. |
|
SECTION 7. Section 51.12(c-1), Family Code, is amended to |
|
read as follows: |
|
(c-1) The Texas Juvenile Justice Department shall |
|
[annually] inspect each public or private juvenile |
|
pre-adjudication secure detention facility. The department shall |
|
provide a report to each juvenile court judge presiding in the same |
|
county as an inspected facility indicating whether the facility is |
|
suitable or unsuitable for the detention of children in accordance |
|
with: |
|
(1) the requirements of Subsections (a), (f), and (g); |
|
and |
|
(2) minimum professional standards for the detention |
|
of children in pre-adjudication secure confinement promulgated by |
|
the department or, at the election of the juvenile board of the |
|
county in which the facility is located, the current standards |
|
promulgated by the American Correctional Association. |
|
SECTION 8. Section 51.125(c), Family Code, is amended to |
|
read as follows: |
|
(c) The Texas Juvenile Justice Department shall [annually] |
|
inspect each public or private juvenile post-adjudication secure |
|
correctional facility that is not operated by the department. The |
|
department shall provide a report to each juvenile court judge |
|
presiding in the same county as an inspected facility indicating |
|
whether the facility is suitable or unsuitable for the confinement |
|
of children in accordance with minimum professional standards for |
|
the confinement of children in post-adjudication secure |
|
confinement promulgated by the department or, at the election of |
|
the juvenile board of the county in which the facility is located, |
|
the current standards promulgated by the American Correctional |
|
Association. |
|
SECTION 9. Section 51.126(c), Family Code, is amended to |
|
read as follows: |
|
(c) The Texas Juvenile Justice Department shall [annually] |
|
inspect each nonsecure correctional facility. The Texas Juvenile |
|
Justice Department shall provide a report to each juvenile court |
|
judge presiding in the same county as an inspected facility |
|
indicating whether the facility is suitable or unsuitable for the |
|
confinement of children in accordance with minimum professional |
|
standards for the confinement of children in nonsecure confinement |
|
promulgated by the Texas Juvenile Justice Department or, at the |
|
election of the juvenile board of the county in which the facility |
|
is located, the current standards promulgated by the American |
|
Correctional Association. |
|
SECTION 10. Sections 51.20(a), (b), (c), and (d), Family |
|
Code, are amended to read as follows: |
|
(a) At any stage of the proceedings under this title, |
|
including when a child is initially detained in a pre-adjudication |
|
secure detention facility or a post-adjudication secure |
|
correctional facility, the juvenile court may, at its discretion or |
|
at the request of the child's parent or guardian, order a child who |
|
is referred to the juvenile court or who is alleged by a petition or |
|
found to have engaged in delinquent conduct or conduct indicating a |
|
need for supervision to be examined by a disinterested expert, |
|
including a physician, psychiatrist, or psychologist, qualified by |
|
education and clinical training in mental health or intellectual |
|
disability [mental retardation] and experienced in forensic |
|
evaluation, to determine whether the child has a mental illness, as |
|
defined by Section 571.003, Health and Safety Code, is a person with |
|
an intellectual disability, [mental retardation] as defined by |
|
Section 591.003, Health and Safety Code, or suffers from chemical |
|
dependency, as defined by Section 464.001, Health and Safety Code. |
|
If the examination is to include a determination of the child's |
|
fitness to proceed, an expert may be appointed to conduct the |
|
examination only if the expert is qualified under Subchapter B, |
|
Chapter 46B, Code of Criminal Procedure, to examine a defendant in a |
|
criminal case, and the examination and the report resulting from an |
|
examination under this subsection must comply with the requirements |
|
under Subchapter B, Chapter 46B, Code of Criminal Procedure, for |
|
the examination and resulting report of a defendant in a criminal |
|
case. |
|
(b) If, after conducting an examination of a child ordered |
|
under Subsection (a) and reviewing any other relevant information, |
|
there is reason to believe that the child has a mental illness or |
|
intellectual disability [mental retardation] or suffers from |
|
chemical dependency, the probation department shall refer the child |
|
to the local mental health [or mental retardation] authority, to |
|
the local intellectual and developmental disability authority, or |
|
to another appropriate and legally authorized agency or provider |
|
for evaluation and services, unless the prosecuting attorney has |
|
filed a petition under Section 53.04. |
|
(c) If, while a child is under deferred prosecution |
|
supervision or court-ordered probation, a qualified professional |
|
determines that the child has a mental illness or intellectual |
|
disability [mental retardation] or suffers from chemical |
|
dependency and the child is not currently receiving treatment |
|
services for the mental illness, intellectual disability [mental |
|
retardation], or chemical dependency, the probation department |
|
shall refer the child to the local mental health [or mental |
|
retardation] authority, to the local intellectual and |
|
developmental disability authority, or to another appropriate and |
|
legally authorized agency or provider for evaluation and services. |
|
(d) A probation department shall report each referral of a |
|
child to a local mental health [or mental retardation] authority, |
|
to a local intellectual and developmental disability authority, or |
|
to another agency or provider made under Subsection (b) or (c) to |
|
the Texas Juvenile Justice Department in a format specified by the |
|
department. |
|
SECTION 11. Section 56.01(c), Family Code, is amended to |
|
read as follows: |
|
(c) An appeal may be taken: |
|
(1) except as provided by Subsection (n), by or on |
|
behalf of a child from an order entered under: |
|
(A) Section 54.02 respecting transfer of the |
|
child for prosecution as an adult; |
|
(B) Section 54.03 with regard to delinquent |
|
conduct or conduct indicating a need for supervision; |
|
(C) Section 54.04 disposing of the case; |
|
(D) Section 54.05 respecting modification of a |
|
previous juvenile court disposition; or |
|
(E) Chapter 55 by a juvenile court committing a |
|
child to a facility for persons with mental illness [the mentally |
|
ill] or intellectual disabilities [intellectually disabled]; or |
|
(2) by a person from an order entered under Section |
|
54.11(i)(2) transferring the person to the custody of the Texas |
|
Department of Criminal Justice. |
|
SECTION 12. Section 58.009, Family Code, is amended by |
|
amending Subsections (c) and (f) and adding Subsection (f-1) to |
|
read as follows: |
|
(c) The Texas Juvenile Justice Department may grant [the |
|
following entities] access to juvenile justice information: |
|
(1) for research and statistical purposes or for any |
|
other purpose approved by the department to: |
|
(A) [(1)] criminal justice agencies as defined |
|
by Section 411.082, Government Code; |
|
(B) [(2)] the Texas Education Agency, as |
|
authorized under Section 37.084, Education Code; |
|
(C) [(3)] any agency under the authority of the |
|
Health and Human Services Commission; or |
|
(D) [(4)] the Department of Family and |
|
Protective Services; or |
|
(2) for a purpose beneficial to and approved by the |
|
department to an individual or entity that: |
|
(A) is working on a research or statistical |
|
project that meets the requirements of and is approved by the |
|
department; and |
|
(B) has a specific agreement with the department |
|
that: |
|
(i) specifically authorizes access to |
|
identifiable juvenile justice information; |
|
(ii) limits the use of the information to |
|
the purposes for which the information is given; |
|
(iii) ensures the security and |
|
confidentiality of the information; and |
|
(iv) provides for sanctions if a |
|
requirement imposed under Subparagraph (i), (ii), or (iii) is |
|
violated [(5) a public or private university]. |
|
(f) The Texas Juvenile Justice Department may not release |
|
juvenile justice information in identifiable form, except for |
|
information released under Subsection (c) [(c)(1), (2), (3), or (4) |
|
or under the terms of an agreement entered into under Subsection |
|
(d)(2)]. For purposes of this subsection, identifiable |
|
information means information that contains a juvenile offender's |
|
name or other personal identifiers or that can, by virtue of sample |
|
size or other factors, be reasonably interpreted as referring to a |
|
particular juvenile offender. |
|
(f-1) In accordance with Chapter 552, Government Code, the |
|
Texas Juvenile Justice Department may grant access to juvenile |
|
justice information that is not identifiable information for |
|
research or statistical purposes or for any other purpose approved |
|
by the department to: |
|
(1) criminal justice agencies as defined by Section |
|
411.082, Government Code; |
|
(2) the Texas Education Agency, as authorized under |
|
Section 37.084, Education Code; |
|
(3) any agency under the authority of the Health and |
|
Human Services Commission; |
|
(4) the Department of Family and Protective Services; |
|
(5) a public or private university; or |
|
(6) an individual or entity working on a research or |
|
statistical project. |
|
SECTION 13. Section 662.005(b), Government Code, is amended |
|
to read as follows: |
|
(b) Except as provided by Section 662.010, and |
|
notwithstanding Section 659.015 or another law, a state employee |
|
who is a peace officer commissioned or appointed, as applicable, by |
|
a state officer or state agency listed under Article 2.12, Code of |
|
Criminal Procedure, or who is employed by the Department of Public |
|
Safety either to perform communications or dispatch services |
|
related to traffic law enforcement or as a public security officer, |
|
as that term is defined by Section 1701.001, Occupations Code, or |
|
who is employed by the Parks and Wildlife Department to perform |
|
communications and dispatch services to assist law enforcement |
|
officers commissioned by the Parks and Wildlife Commission in |
|
performing law enforcement duties, or who is employed by the Texas |
|
Juvenile Justice Department to perform communication service |
|
duties for the incident reporting center and to assist law |
|
enforcement officers appointed by the office of inspector general |
|
of the Texas Juvenile Justice Department in performing |
|
investigative duties, or who is employed as a security officer |
|
providing security and entry searches for secure correctional |
|
facilities operated by the Texas Juvenile Justice Department, and |
|
who is required to work on a national or state holiday that falls on |
|
a Saturday or Sunday is entitled to compensatory time off at the |
|
rate of one hour for each hour worked on the holiday. |
|
SECTION 14. Sections 202.001(a) and (b), Human Resources |
|
Code, are amended to read as follows: |
|
(a) The board is composed of the following nine [13] members |
|
appointed by the governor with the advice and consent of the senate: |
|
(1) one member who is a district court judge of a court |
|
designated as a juvenile court; |
|
(2) one member who is a member [three members who are |
|
members] of a county commissioners court with juvenile justice |
|
experience; |
|
(3) one prosecutor in juvenile court; |
|
(4) one chief juvenile probation officer of a juvenile |
|
probation department serving a county with a population that |
|
includes fewer than 7,500 persons younger than 18 years of age; |
|
(5) one chief juvenile probation officer of a juvenile |
|
probation department serving a county with a population that |
|
includes at least 7,500 but fewer than 80,000 persons younger than |
|
18 years of age; |
|
(6) one chief juvenile probation officer of a juvenile |
|
probation department serving a county with a population that |
|
includes 80,000 or more persons younger than 18 years of age; |
|
(7) one adolescent mental health treatment |
|
professional licensed under Subtitle B or I, Title 3, Occupations |
|
Code, or a representative from a local mental health authority |
|
designated under Chapter 533, Health and Safety Code, who has |
|
experience working with children; |
|
(8) one member who is: |
|
(A) an educator, as that term is defined by |
|
Section 5.001, Education Code, with juvenile justice experience; or |
|
(B) a juvenile justice professional with |
|
experience managing a secure juvenile justice facility operated by |
|
the department or a county; and |
|
(9) one member [three members] of the general public. |
|
(b) Members serve staggered six-year terms, with the terms |
|
of three [four or five] members expiring on February 1 of each |
|
odd-numbered year. |
|
SECTION 15. Section 202.005, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 202.005. BOARD MEMBER RECUSAL. (a) A chief juvenile |
|
probation officer who is a board member shall avoid the appearance |
|
of a conflict of interest by not voting or participating in any |
|
decision by the board that solely benefits or penalizes or |
|
otherwise solely impacts the juvenile probation department over |
|
which the chief juvenile probation officer has authority. The |
|
chief juvenile probation officer may not vote or render any |
|
decisions regarding matters of officer discipline [abuse and |
|
neglect] presented to the board regarding the chief juvenile |
|
probation officer's department. |
|
(a-1) If a juvenile justice professional is appointed as a |
|
board member under Section 202.001(a)(8), the member shall avoid |
|
the appearance of a conflict of interest by not voting or |
|
participating in any decision by the board that solely benefits or |
|
penalizes or otherwise solely impacts any juvenile probation |
|
department or facility the professional is employed by or works for |
|
under a contract. The professional may not vote or render any |
|
decisions regarding matters of officer discipline presented to the |
|
board regarding any juvenile probation department or facility the |
|
professional is employed by or works for under a contract. |
|
(b) The board may adopt recusal requirements in addition to |
|
those described by Subsections [Subsection] (a) and (a-1), |
|
including requirements that are more restrictive than those |
|
described by those subsections [Subsection (a)]. |
|
SECTION 16. Section 202.006, Human Resources Code, is |
|
amended by amending Subsection (b) and adding Subsection (d) to |
|
read as follows: |
|
(b) The training program must provide the person with |
|
information regarding: |
|
(1) the law governing department operations [the |
|
legislation that created the department]; |
|
(2) the programs, functions, rules, and budget of the |
|
department; |
|
(3) the scope of and limitations on the rulemaking |
|
authority of the board; |
|
(4) the results of the most recent formal audit of the |
|
department; |
|
(5) [(4)] the requirements of: |
|
(A) laws relating to open meetings, public |
|
information, administrative procedure, and disclosing conflicts of |
|
interest; and |
|
(B) other laws applicable to members of a state |
|
policymaking body in performing their duties; and |
|
(6) [(5)] any applicable ethics policies adopted by |
|
the department or the Texas Ethics Commission. |
|
(d) The executive director shall create a training manual |
|
that includes the information required by Subsection (b). The |
|
executive director shall distribute a copy of the training manual |
|
annually to each member of the board. Each member of the board |
|
shall sign and submit to the executive director a statement |
|
acknowledging that the member received and has reviewed the |
|
training manual. |
|
SECTION 17. Section 202.010, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice |
|
Board and the Texas Juvenile Justice Department are subject to |
|
Chapter 325, Government Code (Texas Sunset Act). Unless continued |
|
in existence as provided by that chapter, the board and the |
|
department are abolished September 1, 2027 [2023]. |
|
SECTION 18. Section 203.001, Human Resources Code, is |
|
amended by adding Subsections (b-1), (b-2), (b-3), and (b-4) to |
|
read as follows: |
|
(b-1) The board may delegate to the executive director the |
|
board's responsibilities as the board determines appropriate. |
|
(b-2) In making a delegation under Subsection (b-1), the |
|
board shall provide, as appropriate: |
|
(1) to the executive director with respect to each |
|
delegation: |
|
(A) clear direction; |
|
(B) performance measures; and |
|
(C) reporting requirements; and |
|
(2) to the department, sufficient oversight to ensure |
|
that delegated responsibilities are performed according to the |
|
mission and funding priorities described by Subsection (c). |
|
(b-3) The executive director is a full-time employee of the |
|
board and shall: |
|
(1) perform the regular administrative functions of |
|
the board and any other duty as the board directs; and |
|
(2) under the direction of the board, perform the |
|
duties required by this subtitle or designated by the board. |
|
(b-4) The executive director may not perform a |
|
discretionary or decision-making function for which the board is |
|
solely responsible. |
|
SECTION 19. Section 203.002, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 203.002. EXECUTIVE DIRECTOR. (a) The board shall: |
|
(1) employ an executive director to administer the |
|
department; and |
|
(2) supervise the director's administration of the |
|
department. |
|
(b) The executive director must possess the following |
|
minimum qualifications: |
|
(1) five years of experience in the field of juvenile |
|
corrections or congregate care in an administrative capacity; |
|
(2) three years of experience in the field of juvenile |
|
corrections or congregate care in an administrative capacity and a |
|
graduate degree from an institution of higher education in a |
|
relevant field, including penology, adolescent development, |
|
behavior management, or rehabilitative services; or |
|
(3) seven years of experience in management and |
|
administration of a government agency, institution of higher |
|
education, or business enterprise of a size comparable to the |
|
department. |
|
(c) The department shall track the frequency with which the |
|
executive director takes the following actions as defined by |
|
department rule: |
|
(1) selects a child for a conditional placement; |
|
(2) selects a child for a home placement; |
|
(3) waives the requirement for a child with a |
|
determinate sentence to spend the child's entire minimum period of |
|
confinement in a high-restriction facility; |
|
(4) waives the requirement for a child to be on |
|
intensive supervision when initially released on parole; |
|
(5) authorizes early discharges for a child on parole; |
|
or |
|
(6) finalizes an appeal brought by an advocacy group |
|
or social service provider who was denied certain access to |
|
department facilities. |
|
(d) The executive director shall provide the board and the |
|
Sunset Advisory Commission at the beginning of each calendar |
|
quarter aggregated data on the number of times each action |
|
described by Subsection (c) was taken during the previous calendar |
|
quarter. |
|
SECTION 20. Section 203.0081, Human Resources Code, is |
|
amended by amending Subsections (a) and (e) and adding Subsection |
|
(c-1) to read as follows: |
|
(a) The advisory council on juvenile services consists of: |
|
(1) the executive director of the department or the |
|
executive director's designee; |
|
(2) the director of probation services of the |
|
department or the director's designee; |
|
(3) the director of state programs and facilities of |
|
the department or the director's designee; |
|
(4) the executive commissioner of the Health and Human |
|
Services Commission or the commissioner's designee; |
|
(5) one representative of the county commissioners |
|
courts appointed by the board; |
|
(6) two juvenile court judges appointed by the board; |
|
[and] |
|
(7) seven chief juvenile probation officers appointed |
|
by the board as provided by Subsection (b); and |
|
(8) the commissioner of the Department of Family and |
|
Protective Services or the commissioner's designee. |
|
(c-1) The board shall adopt rules regarding: |
|
(1) the purpose, role, responsibility, goals, and |
|
duration of the advisory council; |
|
(2) the quorum requirement for the advisory council; |
|
(3) training requirements for advisory council |
|
members; |
|
(4) policies to avoid conflicts of interest by |
|
advisory council members; |
|
(5) a periodic review process to evaluate the |
|
continuing need for the advisory council; |
|
(6) policies to ensure the advisory council does not |
|
violate any provision of Chapter 551, Government Code, applicable |
|
to the board or the advisory council; |
|
(7) the appropriate level of participation from ex |
|
officio advisory council members designated under Subsections |
|
(a)(1)-(4) and (8); and |
|
(8) reporting requirements and other communication |
|
procedures between the board and the advisory council. |
|
(e) The advisory council shall assist the department in: |
|
(1) determining the needs and problems of county |
|
juvenile boards and probation departments; |
|
(2) conducting long-range strategic planning; |
|
(3) reviewing and proposing revisions to existing or |
|
newly proposed standards affecting juvenile probation programs, |
|
services, or facilities; |
|
(4) analyzing the potential cost impact on juvenile |
|
probation departments of new standards proposed by the board; [and] |
|
(5) assessing and developing recommendations to |
|
improve the sharing of information between agencies that serve |
|
children, including agencies serving children in both the juvenile |
|
justice and child welfare systems; and |
|
(6) advising the board on any other matter on the |
|
request of the board. |
|
SECTION 21. Chapter 203, Human Resources Code, is amended |
|
by adding Sections 203.0083, 203.0084, and 203.0085 to read as |
|
follows: |
|
Sec. 203.0083. AUTHORITY TO ESTABLISH ADVISORY COMMITTEES. |
|
(a) The board by rule may establish advisory committees to make |
|
recommendations to the board on programs, rules, and policies |
|
administered by the board. |
|
(b) In establishing an advisory committee under this |
|
section, the board shall adopt rules, including rules regarding: |
|
(1) the purpose, role, responsibility, goals, and |
|
duration of the committee; |
|
(2) the size of and quorum requirement for the |
|
committee; |
|
(3) qualifications for committee membership; |
|
(4) appointment procedures for members; |
|
(5) terms of service for members; |
|
(6) training requirements for members; |
|
(7) policies to avoid conflicts of interest by |
|
members; |
|
(8) a periodic review process to evaluate the |
|
continuing need for the committee; and |
|
(9) policies to ensure the committee does not violate |
|
any provision of Chapter 551, Government Code, applicable to the |
|
board or the committee. |
|
(c) The board shall establish a youth career and technical |
|
education advisory committee and adopt rules required by Subsection |
|
(b) for the committee. The advisory committee shall assist the |
|
department with overseeing and coordinating vocational training |
|
for youth in the custody of the department, including training |
|
provided by community colleges and other local entities with which |
|
the department may partner. |
|
Sec. 203.0084. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a) |
|
The department shall develop a comprehensive set of risk factors to |
|
use in assessing the overall risk level of the facilities and |
|
entities inspected by the department under: |
|
(1) Chapter 51, Family Code; |
|
(2) Section 221.008 of this code; and |
|
(3) Subtitle C, Title 12, of this code. |
|
(b) The risk factors described by Subsection (a) may |
|
include: |
|
(1) the entity type; |
|
(2) available programming; |
|
(3) past and repeat standards violations; |
|
(4) the volume and types of complaints received by the |
|
department; |
|
(5) recent leadership changes; |
|
(6) high staff turnover; |
|
(7) relevant findings from the office of independent |
|
ombudsman and the office of inspector general; |
|
(8) negative media attention; and |
|
(9) the number of months since the date of the |
|
department's last inspection of the entity. |
|
(c) The department shall use the risk factors developed |
|
under this section to guide the inspections process for facilities |
|
and entities described by Subsection (a) by developing risk |
|
assessment tools with clear, objective standards to use in |
|
assessing the overall risk level of each entity. |
|
(d) The department may develop distinct assessment tools |
|
under Subsection (c) for different entity types, as appropriate. |
|
(e) The department shall periodically review the assessment |
|
tools developed under this section to ensure that the tools remain |
|
up to date and meaningful, as determined by the department. |
|
Sec. 203.0085. RISK-BASED INSPECTIONS. (a) The department |
|
shall adopt a policy prioritizing inspections conducted by the |
|
department under: |
|
(1) Chapter 51, Family Code; |
|
(2) Section 221.008 of this code; and |
|
(3) Subtitle C, Title 12, of this code. |
|
(b) The policy under Subsection (a) must require the |
|
department to: |
|
(1) prioritize the inspection of entities based on the |
|
relative risk level of each entity; and |
|
(2) use the risk assessment tools established under |
|
Section 203.0084 to determine how frequently and intensively the |
|
department conducts risk-based inspections. |
|
(c) The policy under Subsection (a) may provide for the |
|
department to use alternative inspection methods for entities |
|
determined to be low risk, including the following methods: |
|
(1) desk audits of key documentation; |
|
(2) abbreviated inspection procedures; |
|
(3) videoconference technology; and |
|
(4) other methods that are an alternative to |
|
conducting an in-person inspection. |
|
(d) On request by the department, a juvenile probation |
|
department or a private facility under the department's |
|
jurisdiction shall provide information on a routine basis, as |
|
determined by the department, to assist the department in |
|
implementing a risk-based inspection schedule. |
|
SECTION 22. Section 203.010(c), Human Resources Code, is |
|
amended to read as follows: |
|
(c) Criminal complaints initially referred to the office of |
|
[the] inspector general relating to juvenile probation programs, |
|
services, or facilities shall be sent to the appropriate local law |
|
enforcement agency. The office of inspector general has concurrent |
|
jurisdiction on agreement with the local law enforcement agency to |
|
conduct a criminal investigation under Section 242.102. Any other |
|
complaint shall be referred to the appropriate division of the |
|
department. The board by rule shall establish policies for the |
|
referral of noncriminal complaints. |
|
SECTION 23. Chapter 203, Human Resources Code, is amended |
|
by adding Section 203.0101 to read as follows: |
|
Sec. 203.0101. STATISTICAL ANALYSIS OF COMPLAINTS. (a) |
|
The department shall make available on the department's Internet |
|
website a statistical analysis of the complaints received against |
|
certified officers by the department. |
|
(b) The complaint analysis under this section must include |
|
aggregate information on the number, source, type, and disposition |
|
of complaints received against certified officers during the |
|
preceding fiscal year and include the following information: |
|
(1) the number of certified officers by certification |
|
type; |
|
(2) the number of complaints against certified |
|
officers by certification type; |
|
(3) the number of complaints resolved and the manner |
|
of resolution, including: |
|
(A) the total number of agreed, default, and |
|
board orders entered; |
|
(B) the total number of cases referred for |
|
contested case hearings by the State Office of Administrative |
|
Hearings; |
|
(C) the total number of contested cases heard by |
|
the State Office of Administrative Hearings; and |
|
(D) the total number of contested cases that were |
|
appealed to a district court; |
|
(4) the average number of days required to resolve a |
|
complaint; |
|
(5) a detailed analysis of the resolution for each |
|
closed complaint, by the nature of the alleged violation; and |
|
(6) a detailed analysis of each closed complaint, by |
|
source. |
|
SECTION 24. Section 203.013, Human Resources Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) The executive director shall acknowledge receipt of and |
|
discuss the results of internal audits with the board. |
|
SECTION 25. Section 203.014(c), Human Resources Code, is |
|
amended to read as follows: |
|
(c) The office of inspector general shall operate the |
|
toll-free number required by Subsection (a) and the 24-hour |
|
incident reporting center and [department] shall share the |
|
complaints received with the appropriate department entity [on the |
|
toll-free number with the office of inspector general and the |
|
office of the independent ombudsman]. |
|
SECTION 26. Section 203.017, Human Resources Code, is |
|
amended by adding Subsections (a-1), (a-2), (b-1), and (e-1) and |
|
amending Subsection (e) to read as follows: |
|
(a-1) The department shall update and submit the |
|
regionalization plan developed under Subsection (a) to the Sunset |
|
Advisory Commission and standing legislative committees with |
|
primary jurisdiction over juvenile justice matters by December 1 of |
|
each even-numbered year. Before submitting the plan, the |
|
department must present an updated draft of the regionalization |
|
plan to the board for public comment and board approval. |
|
(a-2) The department may incorporate relevant suggestions, |
|
needs, or recommendations from the regionalization plan into |
|
subsequent strategic plans, legislative appropriation requests, |
|
and any other necessary document to support the plan's |
|
implementation. |
|
(b-1) In addition to the requirements of Subsection (b), in |
|
developing the regionalization plan, the department shall consult |
|
with: |
|
(1) the advisory council on juvenile services; |
|
(2) juvenile probation departments; |
|
(3) regional juvenile probation associations; |
|
(4) advocacy groups; |
|
(5) parents and guardians of children under the |
|
jurisdiction of the department; |
|
(6) individuals formerly involved in the juvenile |
|
justice system; and |
|
(7) any other stakeholder the department determines |
|
may be helpful. |
|
(e) The regionalization plan must, as applicable: |
|
(1) include a budget review, redirection of staff, and |
|
funding mechanisms necessary to support the plan; |
|
(2) create a new division of the department |
|
responsible for administering the regionalization plan and |
|
monitoring program quality and accountability; |
|
(3) [include sufficient mechanisms to divert at least: |
|
[(A) 30 juveniles from commitment to secure |
|
facilities operated by the department for the state fiscal year |
|
beginning September 1, 2015; and |
|
[(B) 150 juveniles from commitment to secure |
|
facilities operated by the department for the state fiscal year |
|
beginning September 1, 2016; and |
|
[(4)] for the state fiscal year beginning September 1, |
|
2017, and each subsequent state fiscal year, include any savings |
|
that are generated by the decreases in the population of the secure |
|
facilities operated by the department under Subtitle C that exceed |
|
the cost of implementing the plan; |
|
(4) include: |
|
(A) information on the department's compliance |
|
with statutory regionalization requirements; |
|
(B) information on internal goals for diverting |
|
children from commitment to the department; and |
|
(C) an analysis of rates of commitment to the |
|
custody of the department, broken down by region and county, and any |
|
relevant recommendations regarding trends in these rates; and |
|
(5) include specific, actionable steps regarding how |
|
the department will enhance regional capacity, coordination, and |
|
collaboration among juvenile probation departments to keep |
|
children closer to home as an alternative to commitment to the |
|
department's facilities while ensuring access to programs and the |
|
supervision necessary to maintain public safety. |
|
(e-1) In developing the steps under Subsection (e)(5), the |
|
department shall consider: |
|
(1) options to target or expand funding for juvenile |
|
probation departments to enhance community-based programs and |
|
maximize the use of existing juvenile justice beds; |
|
(2) opportunities to use financial and other |
|
incentives to encourage diversion, facilitate cooperation within |
|
and across the regions established under Subsection (c), and |
|
emphasize the benefits of sharing available resources among |
|
counties; |
|
(3) plans for creating additional capacity to minimize |
|
gaps in juvenile justice beds and services at the local level, |
|
including the expansion or development of beds and facilities |
|
designated specifically for regional use; and |
|
(4) processes for downsizing, closing, or repurposing |
|
large state secure facilities to shift toward a more regionally |
|
based juvenile justice system. |
|
SECTION 27. Section 203.018(e), Human Resources Code, is |
|
amended to read as follows: |
|
(e) The department or any local probation department may |
|
[not] use or contract with a facility that was constructed or |
|
previously used for the confinement of adult offenders if the |
|
department determines that the facility is appropriately |
|
retrofitted to accommodate youth-specific requirements and needs. |
|
SECTION 28. Chapter 203, Human Resources Code, is amended |
|
by adding Section 203.0185 to read as follows: |
|
Sec. 203.0185. RESOURCE MAPPING. (a) The department shall |
|
partner with one or more public or private institutions of higher |
|
education to inventory and map resources available for children in |
|
the juvenile justice system. To determine the types of information |
|
the department requires to timely identify and address resource, |
|
program, and service gaps in probation regions that result in |
|
commitments to department secure facilities, the department shall |
|
consult with: |
|
(1) institutions of higher education; |
|
(2) the advisory council on juvenile services; and |
|
(3) other relevant stakeholders. |
|
(b) The board shall adopt rules requiring juvenile |
|
probation departments, at useful and reasonable intervals, to |
|
report to the department relevant information on resource, program, |
|
and service gaps identified under Subsection (a), including |
|
information on: |
|
(1) the needs of children committed to the department |
|
that are not being met with community resources; and |
|
(2) the types of resources, programs, and services |
|
that, if available in the community, may allow juvenile probation |
|
departments to keep children closer to home as an alternative to |
|
commitment to the department. |
|
SECTION 29. Section 221.002, Human Resources Code, is |
|
amended by adding Subsection (d-1) to read as follows: |
|
(d-1) In adopting rules under Subsection (a)(4), the board |
|
shall authorize a juvenile probation department to house a child |
|
committed to the department in a pre-adjudication secure detention |
|
facility or a post-adjudication secure correctional facility as the |
|
child awaits transfer to the department. |
|
SECTION 30. Section 221.056(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The department may contract with a local mental health |
|
[and mental retardation] authority for the establishment of a |
|
residential treatment facility for juveniles with mental illness or |
|
emotional injury who, as a condition of juvenile probation, are |
|
ordered by a court to reside at the facility and receive education |
|
services at the facility. The department may work in cooperation |
|
with the local mental health [and mental retardation] authority to |
|
provide mental health residential treatment services for juveniles |
|
residing at a facility established under this section. |
|
SECTION 31. Section 222.001, Human Resources Code, is |
|
amended by amending Subsection (a) and adding Subsection (b-1) to |
|
read as follows: |
|
(a) To be eligible for appointment as a probation officer, a |
|
person who was not employed as a probation officer before September |
|
1, 1981, must: |
|
(1) [be of good moral character; |
|
[(2) have acquired a bachelor's degree conferred by a |
|
college or university accredited by an accrediting organization |
|
recognized by the Texas Higher Education Coordinating Board; |
|
[(3) have either: |
|
[(A) one year of graduate study in criminology, |
|
corrections, counseling, law, social work, psychology, sociology, |
|
or other field of instruction approved by the department; or |
|
[(B) one year of experience in full-time case |
|
work, counseling, or community or group work: |
|
[(i) in a social service, community, |
|
corrections, or juvenile agency that deals with offenders or |
|
disadvantaged persons; and |
|
[(ii) that the department determines |
|
provides the kind of experience necessary to meet this requirement; |
|
[(4)] have satisfactorily completed the course of |
|
preservice training or instruction and any continuing education |
|
required by the department; |
|
(2) [(5)] have passed the tests or examinations |
|
required by the department; and |
|
(3) [(6)] possess the level of certification required |
|
by the department. |
|
(b-1) The department by rule shall establish, with input |
|
from the advisory council on juvenile services and other relevant |
|
stakeholders, the minimum education and experience requirements a |
|
person must meet to be eligible for a juvenile probation officer |
|
certification. Rules adopted by the department under this |
|
subsection must be the least restrictive rules possible to ensure |
|
certified juvenile probation officers are qualified to protect |
|
children and public safety without creating barriers to entry into |
|
the profession. |
|
SECTION 32. Section 222.002, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 222.002. MINIMUM STANDARDS FOR DETENTION OFFICERS. To |
|
be eligible for appointment as a detention officer, a person who was |
|
not employed as a detention officer before September 1, 2005, must: |
|
(1) [be of good moral character; |
|
[(2)] be at least 21 years of age; |
|
(2) [(3)] have acquired a high school diploma or its |
|
equivalent; |
|
(3) [(4)] have satisfactorily completed the course of |
|
preservice training or instruction required by the department; |
|
(4) [(5)] have passed the tests or examinations |
|
required by the department; and |
|
(5) [(6)] possess the level of certification required |
|
by the department. |
|
SECTION 33. Subchapter B, Chapter 222, Human Resources |
|
Code, is amended by adding Sections 222.0521 and 222.0522 to read as |
|
follows: |
|
Sec. 222.0521. APPLICATION OF CERTAIN LAW. Chapter 53, |
|
Occupations Code, applies to the issuance of a certification issued |
|
by the department. |
|
Sec. 222.0522. PROVISIONAL CERTIFICATION. (a) The |
|
department may issue a provisional certification to an employee of |
|
a juvenile probation department or a private facility that houses |
|
youth on probation until the employee is certified under Section |
|
222.001, 222.002, or 222.003, as applicable. |
|
(b) The department shall adopt rules to implement |
|
Subsection (a), including rules regarding eligibility for |
|
provisional certification and application procedures. |
|
SECTION 34. Section 223.001, Human Resources Code, is |
|
amended by adding Subsections (a-1), (a-2), and (d-1) and amending |
|
Subsection (c) to read as follows: |
|
(a-1) The department may incorporate as factors in the basic |
|
probation funding formula under Subsection (a) measures that create |
|
incentives for diverting children from the juvenile justice system. |
|
The department may prioritize factors for which the department |
|
collects relevant information. The board may adopt rules |
|
establishing and defining the factors under this subsection. |
|
(a-2) When revising the basic probation funding formula |
|
under Subsection (a), the department shall consult and coordinate |
|
with relevant stakeholders, including: |
|
(1) the advisory council on juvenile services; and |
|
(2) the Legislative Budget Board. |
|
(c) The department shall 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. The department may |
|
incorporate incentives into the discretionary grant funding |
|
protocols that encourage collaboration between juvenile probation |
|
departments. |
|
(d-1) The board, in consultation with the advisory council |
|
on juvenile services, shall adopt rules requiring a juvenile |
|
probation department to apply for the placement of a child in a |
|
regional specialized program before a juvenile court commits the |
|
child to the department's custody under Chapter 54, Family Code. |
|
The board by rule may establish exceptions to this requirement for |
|
offenses or circumstances the department considers inappropriate |
|
for diversion from commitment to state custody. |
|
SECTION 35. Chapter 241, Human Resources Code, is amended |
|
by adding Section 241.009 to read as follows: |
|
Sec. 241.009. COMMITMENT INFORMATION. (a) Not later than |
|
October 1 of each year, the department shall publish on the |
|
department's Internet website aggregated information on the number |
|
of children committed to the department during the previous fiscal |
|
year, categorized by: |
|
(1) committing offense level; |
|
(2) sentence type; |
|
(3) age; and |
|
(4) sex. |
|
(b) The department shall publish quarterly on the |
|
department's Internet website end-of-month data described by |
|
Subsection (a), aggregated for all children committed to the |
|
department and for children placed in each secure facility and |
|
halfway house. |
|
(c) The department shall ensure that information regarding |
|
an individual child cannot be identified in any of the aggregated |
|
information published under this section. |
|
SECTION 36. The heading to Section 242.002, Human Resources |
|
Code, is amended to read as follows: |
|
Sec. 242.002. [EVALUATION OF] TREATMENT PROGRAMS; |
|
AVAILABILITY. |
|
SECTION 37. Sections 242.002(c) and (d), Human Resources |
|
Code, are amended to read as follows: |
|
(c) The department shall offer or make available programs |
|
for the rehabilitation and reestablishment in society of children |
|
committed to the department, including programs for females and for |
|
sex offenders, capital offenders, children who are chemically |
|
dependent, and children with mental illness, [described by |
|
Subsection (a)] in an adequate manner so that a child in the custody |
|
of the department receives appropriate rehabilitation services |
|
recommended for the child by the court committing the child to the |
|
department. |
|
(d) If the department is unable to offer or make available |
|
programs described by [Subsection (a) in the manner provided by] |
|
Subsection (c), the department shall, not later than December 31 of |
|
each even-numbered year, provide the standing committees of the |
|
senate and house of representatives with primary jurisdiction over |
|
matters concerning correctional facilities with a report |
|
explaining: |
|
(1) which programs are not offered or are unavailable; |
|
and |
|
(2) the reason the programs are not offered or are |
|
unavailable. |
|
SECTION 38. Section 242.056(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The department shall allow advocacy and support groups |
|
whose primary functions are to benefit children, inmates, girls and |
|
women, persons with mental illness [the mentally ill], or victims |
|
of sexual assault to provide on-site information, support, and |
|
other services for children confined in department facilities. |
|
SECTION 39. Section 242.102, Human Resources Code, is |
|
amended by amending Subsections (a), (b), (c), (d), (e), (g), and |
|
(h) and adding Subsections (a-1), (a-2), (b-1), and (c-1) to read as |
|
follows: |
|
(a) The office of inspector general is established at the |
|
department under the direction of the board as a law enforcement |
|
agency for the purpose of: |
|
(1) preventing, detecting, and investigating: |
|
(A) crimes committed by department employees, |
|
including parole officers employed by or under a contract with the |
|
department; and |
|
(B) crimes and delinquent conduct committed at a |
|
facility operated by the department, a residential facility |
|
operated by another entity under a contract with the department, or |
|
any facility in which a child committed to the custody of the |
|
department is housed or receives medical or mental health |
|
treatment, including: |
|
(i) unauthorized or illegal entry into a |
|
department facility; |
|
(ii) the introduction of contraband into a |
|
department facility; |
|
(iii) escape from a secure facility; and |
|
(iv) organized criminal activity; [and] |
|
(2) investigating complaints received under Section |
|
203.010 involving allegations of abuse, neglect, or exploitation of |
|
children in juvenile justice programs or facilities under Section |
|
261.405, Family Code; |
|
(3) investigating complaints of abuse, neglect, or |
|
exploitation of: |
|
(A) juveniles housed in a pre-adjudication or |
|
post-adjudication public or private secure or nonsecure facility |
|
regardless of licensing entity; and |
|
(B) juveniles committed to the department; |
|
(4) apprehending juveniles after escape or violation |
|
of release conditions as described by Section 243.051; |
|
(5) investigating gang-related activity within the |
|
juvenile justice system; and |
|
(6) performing entry security and exterior perimeter |
|
security searches for a department-operated secure correctional |
|
facility, as defined by Section 51.02, Family Code. |
|
(a-1) The office of inspector general has concurrent |
|
jurisdiction on agreement with the local law enforcement agency to |
|
conduct a criminal investigation under Subsection (a)(3). |
|
(a-2) The office of inspector general shall operate the |
|
incident reporting center for the department under Section 203.014. |
|
(b) The office of inspector general shall prepare an |
|
investigative [and deliver a] report concerning the results of |
|
investigations [any investigation] conducted under this section |
|
and may deliver the report to any of the following: |
|
(1) the department [board]; |
|
(2) the appropriate district or county attorney |
|
[executive director]; |
|
(3) any applicable advisory board; |
|
(4) the governor; |
|
(5) the lieutenant governor; |
|
(6) the speaker of the house of representatives; |
|
(7) the standing committees of the senate and house of |
|
representatives with primary jurisdiction over matters concerning |
|
correctional facilities; |
|
(8) the special prosecution unit; |
|
(9) the state auditor; or [and] |
|
(10) any other appropriate state agency responsible |
|
for licensing or certifying department employees or facilities. |
|
(b-1) An individual or entity that receives a report under |
|
Subsection (b) may not disclose the information unless otherwise |
|
authorized by law. |
|
(c) The report prepared under Subsection (b) must include a |
|
summary of the actions performed by the office of inspector general |
|
in conducting the investigation, a statement of whether the |
|
investigation resulted in a determination [finding] that abuse, |
|
neglect, or exploitation, a criminal offense, or delinquent conduct |
|
occurred, and a description of the determination [finding]. The |
|
report is public information under Chapter 552, Government Code, |
|
only to the extent authorized under that chapter and other law. |
|
(c-1) The board by rule shall require any findings related |
|
to an administrative investigation under Subsection (a)(2) to be |
|
reviewed for legal sufficiency before being made public. |
|
(d) The office of inspector general may employ |
|
investigators and security officers and employ and appoint |
|
[commission] inspectors general as peace officers for the purpose |
|
of carrying out the duties described by this section. An inspector |
|
general shall have all of the powers and duties given to peace |
|
officers under Article 2.13, Code of Criminal Procedure. |
|
(e) Peace officers employed and appointed [commissioned] |
|
under Subsection (d) must: |
|
(1) be certified by the Texas Commission on Law |
|
Enforcement under Chapter 1701, Occupations Code; and |
|
(2) complete advanced courses relating to the duties |
|
of peace officers employed and appointed [commissioned] under |
|
Subsection (d) as part of any continuing education requirements for |
|
the peace officers. |
|
(g) The chief inspector general shall on a quarterly basis |
|
prepare and deliver a report concerning the operations of the |
|
office of inspector general to: |
|
(1) the board; |
|
(2) the executive director; |
|
(3) any applicable advisory board; |
|
(4) the governor; |
|
(5) the lieutenant governor; |
|
(6) the speaker of the house of representatives; |
|
(7) the standing committees of the senate and house of |
|
representatives with primary jurisdiction over correctional |
|
facilities; |
|
(8) the state auditor; [and] |
|
(9) the comptroller; and |
|
(10) the special prosecution unit. |
|
(h) A report prepared under Subsection (g) is public |
|
information under Chapter 552, Government Code, to the extent |
|
authorized under that chapter and other law, and the department |
|
shall publish the report on the department's Internet website. A |
|
report must be both aggregated and disaggregated by individual |
|
facility and include information relating to: |
|
(1) the types of investigations conducted by the |
|
office of inspector general, such as whether an investigation |
|
concerned narcotics or an alleged incident of sexual abuse; |
|
(2) the relationship of a victim to a perpetrator, if |
|
applicable; [and] |
|
(3) the number of investigations conducted concerning |
|
suicides, deaths, and hospitalizations of children in the custody |
|
of the department at secure facilities, on parole, or at other |
|
placement locations; and |
|
(4) the final disposition of any complaint received |
|
under Section 203.010 related to juvenile probation departments and |
|
Section 261.405, Family Code, that concerns the abuse, neglect, or |
|
exploitation of a juvenile. |
|
SECTION 40. Section 243.001, Human Resources Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) The department shall place a child in the most |
|
restrictive setting appropriate as the child awaits an adjudication |
|
or prosecution for conduct constituting a felony of the first or |
|
second degree while in the department's custody. The board by rule |
|
shall establish placement procedures that guide the department in |
|
determining the most appropriate setting for the child based on |
|
rehabilitative needs while preserving due process rights. |
|
SECTION 41. The heading to Section 244.011, Human Resources |
|
Code, is amended to read as follows: |
|
Sec. 244.011. CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL |
|
DISABILITIES [MENTAL RETARDATION]. |
|
SECTION 42. Sections 244.011(a), (b), (e), (f), and (g), |
|
Human Resources Code, are amended to read as follows: |
|
(a) The department shall accept a child with mental illness |
|
or intellectual disabilities who is committed to the department |
|
[who is mentally ill or mentally retarded]. |
|
(b) Unless the [a] child is committed to the department |
|
under a determinate sentence under Section 54.04(d)(3), 54.04(m), |
|
or 54.05(f), Family Code, the department shall discharge a child |
|
with mental illness or intellectual disabilities [who is mentally |
|
ill or mentally retarded] from its custody if: |
|
(1) the child has completed the minimum length of stay |
|
for the child's committing offense; and |
|
(2) the department determines that the child is unable |
|
to progress in the department's rehabilitation programs because of |
|
the child's mental illness or intellectual disabilities [mental |
|
retardation]. |
|
(e) If a child who is discharged from the department under |
|
Subsection (b) as a result of an intellectual disability [mental |
|
retardation] is not receiving intellectual disability [mental |
|
retardation] services, the child's discharge is effective on the |
|
earlier of: |
|
(1) the date the court enters an order regarding an |
|
application for intellectual disability [mental retardation] |
|
services filed under Section 244.012(b); or |
|
(2) the 30th day after the date that the application is |
|
filed. |
|
(f) If a child who is discharged from the department under |
|
Subsection (b) as a result of an intellectual disability [mental |
|
retardation] is receiving intellectual disability [mental |
|
retardation] services, the child's discharge from the department |
|
is effective immediately. |
|
(g) If a child with mental illness or intellectual |
|
disabilities [who is mentally ill or mentally retarded] is |
|
discharged from the department under Subsection (b), the child is |
|
eligible to receive continuity of care services from the Texas |
|
Correctional Office on Offenders with Medical or Mental Impairments |
|
under Chapter 614, Health and Safety Code. |
|
SECTION 43. Section 244.012, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 244.012. EXAMINATION BEFORE DISCHARGE. (a) The |
|
department shall establish a system that identifies children with |
|
mental illness or intellectual disabilities in the department's |
|
custody [who are mentally ill or mentally retarded]. |
|
(b) Before a child with mental illness [who is identified as |
|
mentally ill] is discharged from the department's custody under |
|
Section 244.011(b), a department psychiatrist shall examine the |
|
child. The department shall refer a child requiring outpatient |
|
psychiatric treatment to the appropriate mental health authority. |
|
For a child requiring inpatient psychiatric treatment, the |
|
department shall file a sworn application for court-ordered mental |
|
health services, as provided in Subchapter C, Chapter 574, Health |
|
and Safety Code, if: |
|
(1) the child is not receiving court-ordered mental |
|
health services; and |
|
(2) the psychiatrist who examined the child determines |
|
that the child is a child with mental illness [mentally ill] and the |
|
child meets at least one of the criteria listed in Section 574.034 |
|
or 574.0345, Health and Safety Code. |
|
(c) Before a child who is identified as having an |
|
intellectual disability [mentally retarded] under Chapter 593, |
|
Health and Safety Code, is discharged from the department's custody |
|
under Section 244.011(b), the department shall refer the child for |
|
intellectual disability [mental retardation] services if the child |
|
is not receiving intellectual disability [mental retardation] |
|
services. |
|
SECTION 44. Section 244.014, Human Resources Code, is |
|
amended by adding Subsection (a-1) to read as follows: |
|
(a-1) After a child sentenced to commitment under Section |
|
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years |
|
of age but before the child becomes 19 years of age, the department |
|
shall refer the child to the juvenile court that entered the order |
|
of commitment for approval of the child's transfer to the Texas |
|
Department of Criminal Justice for confinement if: |
|
(1) the child has not completed the sentence; |
|
(2) while the child was committed to the custody of the |
|
department, the child was subsequently adjudicated or convicted for |
|
conduct constituting a felony of the first or second degree or an |
|
offense punishable under Section 22.01(b)(1), Penal Code; and |
|
(3) the child was at least 16 years of age at the time |
|
the conduct occurred. |
|
SECTION 45. Sections 245.0535(h) and (i), Human Resources |
|
Code, are amended to read as follows: |
|
(h) The department shall conduct and coordinate research: |
|
(1) to determine whether the comprehensive reentry and |
|
reintegration plan developed under this section reduces recidivism |
|
rates; and |
|
(2) to review the effectiveness of the department's |
|
programs for the rehabilitation and reestablishment in society of |
|
children committed to the department, including programs for |
|
females and for sex offenders, capital offenders, children who are |
|
chemically dependent, and children with mental illness. |
|
(i) Not later than December 31 of each even-numbered year, |
|
the department shall deliver a report of the results of research |
|
conducted or coordinated under Subsection (h) to the lieutenant |
|
governor, the speaker of the house of representatives, the |
|
Legislative Budget Board, and the standing committees of each house |
|
of the legislature with primary jurisdiction over juvenile justice |
|
and corrections. |
|
SECTION 46. Section 261.002, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of |
|
independent ombudsman is a state agency established for the purpose |
|
of investigating, evaluating, and securing the rights of [the] |
|
children: |
|
(1) committed to the department, including a child |
|
released under supervision before final discharge; and |
|
(2) adjudicated for conduct that constitutes an |
|
offense and placed in a facility operated by or contracted with a |
|
juvenile probation department or juvenile board. |
|
SECTION 47. Section 261.056(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The department shall allow any child committed to the |
|
department or adjudicated for conduct that constitutes an offense |
|
and placed in a facility operated by or contracted with a juvenile |
|
probation department or juvenile board to communicate with the |
|
independent ombudsman or an assistant to the ombudsman. The |
|
communication: |
|
(1) may be in person, by mail, or by any other means; |
|
and |
|
(2) is confidential and privileged. |
|
SECTION 48. Section 261.057, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 261.057. PROMOTION OF AWARENESS OF OFFICE. The |
|
independent ombudsman shall promote awareness among the public and |
|
the children committed to the department or adjudicated for conduct |
|
that constitutes an offense and placed in a facility operated by or |
|
contracted with a juvenile probation department or juvenile board |
|
of: |
|
(1) how the office may be contacted; |
|
(2) the purpose of the office; and |
|
(3) the services the office provides. |
|
SECTION 49. Section 261.061(c), Human Resources Code, is |
|
amended to read as follows: |
|
(c) The office shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition |
|
unless the notice would jeopardize an investigation. |
|
SECTION 50. Section 261.101, Human Resources Code, is |
|
amended by amending Subsection (a) and adding Subsection (g) to |
|
read as follows: |
|
(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, juvenile |
|
probation departments, or other entities operating facilities in |
|
which children adjudicated for conduct that constitutes an offense |
|
are placed 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, a child |
|
adjudicated for conduct that constitutes an offense and placed in a |
|
facility operated by or contracted with a juvenile probation |
|
department or juvenile board, or the child's family may be in need |
|
of assistance from the office; or |
|
(B) a systemic issue raised in a complaint about |
|
the [department's] provision of services to children by the |
|
department, juvenile probation departments, or other entities |
|
operating facilities in which children adjudicated for conduct that |
|
constitutes an offense are placed [is raised by a complaint]; |
|
(4) review or inspect periodically the facilities and |
|
procedures of any institution or residence in which a child |
|
adjudicated for conduct that constitutes an offense has been placed |
|
by the department or a juvenile probation 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 or adjudicated |
|
for conduct that constitutes an offense and placed in a facility |
|
operated by or contracted with a juvenile probation department or |
|
juvenile board; |
|
(8) make appropriate referrals under any of the duties |
|
and powers listed in this subsection; |
|
(9) supervise assistants who are serving as advocates |
|
in internal administrative and disciplinary hearings by |
|
representing [in their representation of] children committed to the |
|
department or adjudicated for conduct that constitutes an offense |
|
and placed in a facility operated by or contracted with a juvenile |
|
probation department or juvenile board [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; |
|
(11) report a possible standards violation by a |
|
[local] juvenile probation department to the appropriate division |
|
of the department; and |
|
(12) immediately report the findings of any |
|
investigation related to the operation of a post-adjudication |
|
correctional facility in a county to the chief juvenile probation |
|
officer and the juvenile board of the county. |
|
(g) The department and juvenile probation departments shall |
|
notify the office regarding any private facility described by |
|
Subsection (f)(1) with which the department or the juvenile |
|
probation department contracts to place children adjudicated as |
|
having engaged in conduct indicating a need for supervision or |
|
delinquent conduct. The report under this subsection must be made |
|
annually and updated at the time a new contract is entered into with |
|
a facility described by this subsection. The office shall adopt |
|
rules to implement the reporting requirements under this |
|
subsection, including the specific times the report must be made. |
|
SECTION 51. Section 261.102, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 261.102. TREATMENT OF [DEPARTMENT] EMPLOYEES WHO |
|
COOPERATE WITH INDEPENDENT OMBUDSMAN. The department, a juvenile |
|
probation department, or another entity operating a facility in |
|
which children adjudicated for conduct that constitutes an offense |
|
are placed may not discharge or in any manner discriminate or |
|
retaliate against an employee who in good faith makes a complaint to |
|
the office of independent ombudsman or cooperates with the office |
|
in an investigation. |
|
SECTION 52. Subchapter C, Chapter 261, Human Resources |
|
Code, is amended by adding Sections 261.105 and 261.106 to read as |
|
follows: |
|
Sec. 261.105. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a) |
|
The office shall develop a comprehensive set of risk factors to use |
|
in assessing the overall risk level of facilities and entities |
|
described by Section 261.101(f) and of department parole offices. |
|
The risk factors may include: |
|
(1) the entity type; |
|
(2) past and repeat children's rights violations; |
|
(3) the volume and types of complaints received by the |
|
office; |
|
(4) recent changes in a facility or parole office |
|
leadership; |
|
(5) high staff turnover; |
|
(6) relevant investigations by the office of the |
|
inspector general of the department; |
|
(7) negative media attention; and |
|
(8) the number of months since the date of the office's |
|
last inspection of the entity. |
|
(b) The office shall use the risk factors developed under |
|
this section to guide the inspections of facilities and entities |
|
described by Section 261.101(f), and of department parole offices, |
|
by developing risk assessment tools with clear, objective standards |
|
to use in assessing the overall risk level of each facility, entity, |
|
or parole office. |
|
(c) The office may develop distinct assessment tools under |
|
Subsection (b) for different entity types, as appropriate. |
|
(d) The office shall periodically review the assessment |
|
tools developed under this section to ensure that the tools remain |
|
up to date and meaningful, as determined by the office. |
|
Sec. 261.106. RISK-BASED INSPECTIONS. (a) The office |
|
shall adopt a policy prioritizing the inspection of facilities |
|
conducted under Section 261.101(f) and of department parole offices |
|
based on the relative risk level of each entity. |
|
(b) The policy under Subsection (a) must require the office |
|
to use the risk assessment tools established under Section 261.105 |
|
to determine how frequently and intensively the office conducts |
|
risk-based inspections. |
|
(c) The policy under Subsection (a) may provide for the |
|
office to use alternative inspection methods for entities |
|
determined to be low risk, including the following methods: |
|
(1) desk audits of key documentation; |
|
(2) abbreviated inspection procedures; |
|
(3) videoconference technology; and |
|
(4) other methods that are an alternative to |
|
conducting an in-person inspection. |
|
(d) On request by the office, the department, a juvenile |
|
probation department, or a private facility under the office's |
|
jurisdiction shall provide information on a routine basis, as |
|
determined by the office, to assist the office in implementing a |
|
risk-based inspection schedule. |
|
SECTION 53. Section 261.151(c), Human Resources Code, is |
|
amended to read as follows: |
|
(c) A local law enforcement agency shall allow the |
|
independent ombudsman access to its records relating to any child |
|
in the care or custody of the department or any child adjudicated |
|
for conduct that constitutes an offense and placed in a facility |
|
operated by or contracted with a juvenile probation department or |
|
juvenile board. |
|
SECTION 54. Section 261.152, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. |
|
The independent ombudsman shall have access to the records of a |
|
private entity that relate to a child committed to the department or |
|
a child adjudicated for conduct that constitutes an offense and |
|
placed in a private facility contracted with a juvenile probation |
|
department or juvenile board. |
|
SECTION 55. Subchapter D, Chapter 261, Human Resources |
|
Code, is amended by adding Section 261.153 to read as follows: |
|
Sec. 261.153. ACCESS TO INFORMATION OF JUVENILE PROBATION |
|
DEPARTMENTS. The independent ombudsman shall have access to the |
|
records of a juvenile probation department that relate to a child |
|
adjudicated for conduct that constitutes an offense and placed in a |
|
facility operated by or contracted with a juvenile probation |
|
department or juvenile board. |
|
SECTION 56. The following provisions are repealed: |
|
(1) Section 58.009(d), Family Code; |
|
(2) Section 221.011, Human Resources Code; |
|
(3) Section 221.055, Human Resources Code; |
|
(4) Sections 222.001(b) and (f), Human Resources Code; |
|
(5) Sections 242.002(a) and (b), Human Resources Code; |
|
(6) Section 243.052, Human Resources Code; and |
|
(7) Section 246.002, Human Resources Code. |
|
SECTION 57. (a) Not later than January 1, 2024, the Texas |
|
Juvenile Justice Department shall repeal any rule requiring that an |
|
individual must be of good moral character to qualify for a |
|
department certification. |
|
(b) Not later than December 1, 2024, the Texas Juvenile |
|
Justice Department shall submit the first updated regionalization |
|
plan required by Section 203.017(a-1), Human Resources Code, as |
|
added by this Act. |
|
SECTION 58. (a) Notwithstanding Section 202.001(b), Human |
|
Resources Code, as amended by this Act, and except as otherwise |
|
provided by this subsection, the term for a member of the Texas |
|
Juvenile Justice Board serving on September 1, 2023, expires on |
|
that date. A board member serving on that date may continue to |
|
serve as a member of the board until a majority of appointments to |
|
the board are made under Subsection (b) of this section. A member |
|
of the board described by this subsection is eligible for |
|
reappointment under Subsection (b) of this section. |
|
(b) In making the initial appointments to the board |
|
according to the changes in law made by this Act to Section 202.001, |
|
Human Resources Code, the governor shall designate: |
|
(1) three members to serve terms expiring February 1, |
|
2025; |
|
(2) three members to serve terms expiring February 1, |
|
2027; and |
|
(3) three members to serve terms expiring February 1, |
|
2029. |
|
SECTION 59. (a) Except as provided by Subsection (b) of |
|
this section, Section 202.006, Human Resources Code, as amended by |
|
this Act, applies to a member of the Texas Juvenile Justice Board |
|
appointed before, on, or after the effective date of this Act. |
|
(b) A member of the Texas Juvenile Justice Board who before |
|
the effective date of this Act completed the training program |
|
required by Section 202.006, Human Resources Code, as that law |
|
existed before the effective date of this Act, is only required to |
|
complete additional training on the subjects added by this Act to |
|
the training program required by Section 202.006, Human Resources |
|
Code. A board member described by this subsection may not vote, |
|
deliberate, or be counted as a member in attendance at a meeting of |
|
the board held on or after December 1, 2023, until the member |
|
completes the additional training. |
|
SECTION 60. This Act takes effect September 1, 2023. |
|
|
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1727 passed the Senate on |
|
April 12, 2023, by the following vote: Yeas 30, Nays 0; |
|
May 25, 2023, Senate refused to concur in House amendments and |
|
requested appointment of Conference Committee; May 26, 2023, House |
|
granted request of the Senate; May 28, 2023, Senate adopted |
|
Conference Committee Report by the following vote: Yeas 31, |
|
Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1727 passed the House, with |
|
amendments, on May 17, 2023, by the following vote: Yeas 141, |
|
Nays 2, one present not voting; May 26, 2023, House granted request |
|
of the Senate for appointment of Conference Committee; |
|
May 28, 2023, House adopted Conference Committee Report by the |
|
following vote: Yeas 110, Nays 31, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |