By: Schwertner, et al.  S.B. No. 1727
         (In the Senate - Filed March 7, 2023; March 16, 2023, read
  first time and referred to Committee on Criminal Justice;
  March 31, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; March 31, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1727 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the continuation and functions of the Texas Juvenile
  Justice Department and the functions of the office of independent
  ombudsman for the Texas Juvenile Justice Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  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 3.  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 4.  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 5.  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 6.  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 7.  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 8.  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 9.  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, 2025 [2023].
         SECTION 10.  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 11.  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 12.  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)  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 13.  Chapter 203, Human Resources Code, is amended
  by adding Sections 203.0083, 203.0084, 203.0085, and 203.0101 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
  (a) 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 to assist the department in
  implementing a risk-based inspection schedule.
         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 14.  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 15.  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 information on:
                     (A)  the department's compliance with statutory
  regionalization requirements; and
                     (B)  internal goals for diverting children from
  commitment to the department; 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 16.  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 17.  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 18.  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 19.  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 20.  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 21.  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 22.  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 23.  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 24.  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 25.  The heading to Section 242.002, Human Resources
  Code, is amended to read as follows:
         Sec. 242.002.  [EVALUATION OF] TREATMENT PROGRAMS;
  AVAILABILITY.
         SECTION 26.  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 27.  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 28.  Section 242.102, Human Resources Code, is
  amended by adding Subsection (c-1) to read as follows:
         (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.
         SECTION 29.  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 30.  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 31.  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 32.  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 33.  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 34.  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 35.  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 36.  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 37.  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 38.  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 39.  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 40.  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 41.  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 to assist the office in
  implementing a risk-based inspection schedule.
         SECTION 42.  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 43.  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 44.  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 45.  The following provisions of the Human Resources
  Code are repealed:
               (1)  Sections 222.001(b) and (f);
               (2)  Sections 242.002(a) and (b); and
               (3)  Section 246.002.
         SECTION 46.  (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 47.  (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 48.  (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 49.  (a)  For purposes of Section 202.010, Human
  Resources Code, as amended by this Act, the Sunset Advisory
  Commission shall conduct a limited-scope review of the Texas
  Juvenile Justice Department for the 89th Legislature.
         (b)  In conducting the limited-scope review under this
  section, the Sunset Advisory Commission staff evaluation and report
  must:
               (1)  review the implementation of the Sunset Advisory
  Commission's recommendations adopted by the commission and
  statutory recommendations for the Texas Juvenile Justice
  Department and the office of independent ombudsman for the Texas
  Juvenile Justice Department made to the 88th Legislature;
               (2)  identify the barriers to implementing the
  recommendations under Subdivision (1) of this subsection;
               (3)  identify any changes needed to improve
  coordination between the Texas Juvenile Justice Department and the
  Texas Department of Criminal Justice, particularly for children
  transferred from the custody of the Texas Juvenile Justice
  Department to the custody of the Texas Department of Criminal
  Justice; and
               (4)  review the decision-making processes involving
  the Texas Juvenile Justice Board and executive director to evaluate
  any needed changes in board engagement, delegation of duties, staff
  discretion, and transparency.
         (c)  The Sunset Advisory Commission's recommendations to the
  89th Legislature may include any recommendation the commission
  considers appropriate based on the limited-scope review conducted
  under this section.
         SECTION 50.  This Act takes effect September 1, 2023.
 
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