89R19681 CJD-D

By: Thompson H.B. No. 31

A BILL TO BE ENTITLED

AN ACT

relating to procedures related to juvenile justice proceedings and to the treatment of children detained in or committed to a juvenile facility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.02, Family Code, is amended by adding Subdivision (7-a) to read as follows:

(7-a) "Mitigating evidence" means evidence presented at a proceeding under this title that:

(A) is used to assess the growth and maturity of a child; and

(B) takes into consideration:

(i) the diminished culpability of juveniles, as compared to that of adults;

(ii) the hallmark features of youth; and

(iii) the greater capacity of juveniles for change, as compared to that of adults.

SECTION 2. Chapter 51, Family Code, is amended by adding Sections 51.22, 51.23, and 51.24 to read as follows:

Sec. 51.22. USE OF CHEMICAL DISPENSING DEVICE IN JUVENILE FACILITY PROHIBITED. (a) In this section:

(1) "Chemical dispensing device" means a device that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. The term includes pepper spray, capsicum spray, OC gas, and oleoresin capsicum.

(2) "Juvenile facility" has the meaning assigned by Section 39.04, Penal Code.

(b) An employee, contractor, volunteer, intern, or service provider working in a juvenile facility may not use a chemical dispensing device against a child in the facility.

Sec. 51.23. ANNUAL USE OF FORCE AUDIT. (a) In this section:

(1) "Chemical dispensing device" has the meaning assigned by Section 51.22.

(2) "Department" means the Texas Juvenile Justice Department.

(3) "Juvenile facility" has the meaning assigned by Section 39.04, Penal Code.

(b) The department shall annually conduct an audit of use of force incidents to identify patterns, deficiencies, or instances of noncompliance with de-escalation protocols and the prohibition on chemical dispensing devices in juvenile facilities.

(c) The administrator of a juvenile facility operated by or under contract with a juvenile board or other local governmental unit shall annually report to the department data regarding use of force incidents in the facility. An administrator shall make the report required by this subsection in a form and by a date prescribed by the department.

(d) Not later than August 31 of each year, the department shall deliver a report to the legislature regarding the findings of the audit conducted under Subsection (b).

(e) The department shall timely post on the department's Internet website the audit findings and aggregate data collected during the audit.

Sec. 51.24. SOLITARY CONFINEMENT; REPORT. (a) In this section:

(1) "Department" means the Texas Juvenile Justice Department.

(2) "Juvenile facility" has the meaning assigned by Section 39.04, Penal Code.

(3) "Solitary confinement" means, with respect to a child in a juvenile facility, the involuntary separation of the child from other children placed in the facility in an area or room from which the child is prevented from leaving. The term does not include the involuntary separation of the child for a medical purpose.

(b) A juvenile facility may not place a child in solitary confinement unless:

(1) the child poses an immediate risk of physical harm to the child's self or another;

(2) placement in solitary confinement does not violate principles of trauma-informed care and does not interfere with de-escalation strategies;

(3) all other less restrictive methods of addressing the immediate risk of physical harm have been exhausted; and

(4) the child is placed in solitary confinement for a period that does not exceed the shortest period permitted for placement of a child in solitary confinement by a state or federal law, including an administrative rule.

(c) The administrator or superintendent of a juvenile facility shall:

(1) create a report documenting each instance a child in the facility is placed in solitary confinement and include in the report:

(A) the reason for the placement;

(B) the duration of the placement; and

(C) any intervention attempted before the child was placed in solitary confinement; and

(2) annually submit the report under Subdivision (1) to the department.

(d) The department shall monitor and enforce compliance with the requirements of this section by regularly auditing and reviewing juvenile facility practices related to placing children in solitary confinement.

SECTION 3. Section 54.02, Family Code, is amended by amending Subsections (a), (d), (f), (h), (l), and (n) and adding Subsections (d-1) and (d-2) to read as follows:

(a) The juvenile court may waive its exclusive original jurisdiction and transfer a child to the appropriate district court or criminal district court for criminal proceedings if:

(1) the child is alleged to have violated a penal law of the grade of felony;

(2) the child was:

(A) 14 years of age or older at the time the child [he] is alleged to have committed the offense, if the offense is a capital felony[, an aggravated controlled substance felony, or a felony of the first degree,] and no adjudication hearing has been conducted concerning that offense; or

(B) 15 years of age or older at the time the child is alleged to have committed the offense, if:

(i) the offense is a violation of Section 19.02 or 22.011, Penal Code, or the petition for the offense alleges that the child engaged in conduct that constitutes habitual felony conduct as described by Section 51.031 of this code; [of the second or third degree or a state jail felony,] and

(ii) no adjudication hearing has been conducted concerning the [that] offense; and

(3) after a full investigation and a hearing, the juvenile court determines that there is probable cause to believe that the child before the court committed the offense or engaged in the conduct constituting habitual felony conduct alleged, as applicable, and that because of the seriousness of the offense or conduct alleged or the background of the child the welfare of the community requires criminal proceedings.

(d) Prior to the hearing, the juvenile court shall admonish the child in open court and in the presence of the child's attorney regarding:

(1) the court's consideration of waiving its jurisdiction over the child and transferring the child to criminal court for criminal proceedings; and

(2) the child's right to participate or to decline to participate in any diagnostic study, social evaluation, or investigation ordered by the juvenile court under Subsection (d-1).

(d-1) After the admonishment under Subsection (d), the juvenile court shall order [and obtain] a complete diagnostic study, social evaluation, and full investigation of the child, the child's [his] circumstances, and the circumstances of the alleged offense and shall set the date of the transfer hearing. If the child declines to participate in a study, evaluation, or investigation, the child's attorney shall state the refusal to the court in open court or in writing not later than the fifth business day after the date the court ordered the study, evaluation, or investigation.

(d-2) In a hearing under this section, a presumption exists that it is in the best interest of the child and of justice that the juvenile court retain jurisdiction over the child. The burden is on the state to overcome this presumption.

(f) In making the determination required by Subsection (a) of this section, the court shall consider, among other matters:

(1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against the person;

(2) the sophistication and maturity of the child;

(3) the record and previous history of the child; [and]

(4) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use of procedures, services, and facilities currently available to the juvenile court;

(5) the substantive requirements for waiving jurisdiction;

(6) relevant information ascertained in the full investigation of the child; and

(7) the benefits or harm of retaining the child in the juvenile justice system.

(h) If the juvenile court waives jurisdiction, it shall state specifically in the order its reasons for waiver. The statement of reasons must set forth a rational basis for the waiver of jurisdiction, with sufficient specificity to permit meaningful review, and must include case-specific findings of fact that do not rely solely on the nature or seriousness of the offense. The court shall [and] certify its action, including the written order and findings of the court, and shall transfer the person to the appropriate court for criminal proceedings and cause the results of the diagnostic study of the person ordered under Subsection (d-1) [(d)], including psychological information, to be transferred to the appropriate criminal prosecutor. On transfer of the person for criminal proceedings, the person shall be dealt with as an adult and in accordance with the Code of Criminal Procedure, except that if detention in a certified juvenile detention facility is authorized under Section 152.0015, Human Resources Code, the juvenile court may order the person to be detained in the facility pending trial or until the criminal court enters an order under Article 4.19, Code of Criminal Procedure. A transfer of custody made under this subsection is an arrest.

(l) The juvenile court shall conduct a hearing without a jury to consider waiver of jurisdiction under Subsection (j). Except as otherwise provided by this subsection, a waiver of jurisdiction under Subsection (j) may be made without the necessity of conducting the diagnostic study [or complying with the requirements of discretionary transfer proceedings] under Subsection (d-1) [(d)]. If requested by the attorney for the person at least 10 days before the transfer hearing, the court shall order that the person be examined pursuant to Section 51.20(a) and that the results of the examination be provided to the attorney for the person and the attorney for the state at least five days before the transfer hearing.

(n) A mandatory transfer under Subsection (m) may be made without conducting the study required in discretionary transfer proceedings by Subsection (d-1) [(d)]. The requirements of Subsection (b) that the summons state that the purpose of the hearing is to consider discretionary transfer to criminal court does not apply to a transfer proceeding under Subsection (m). In a proceeding under Subsection (m), it is sufficient that the summons provide fair notice that the purpose of the hearing is to consider mandatory transfer to criminal court.

SECTION 4. Section 54.04, Family Code, is amended by amending Subsection (d) and adding Subsection (s) to read as follows:

(d) If the court or jury makes the finding specified in Subsection (c) allowing the court to make a disposition in the case:

(1) the court or jury may, in addition to any order required or authorized under Section 54.041 or 54.042, place the child on probation on such reasonable and lawful terms as the court may determine:

(A) in the child's own home or in the custody of a relative or other fit person; or

(B) subject to the finding under Subsection (c) on the placement of the child outside the child's home, in:

(i) a suitable foster home;

(ii) a suitable public or private residential treatment facility licensed by a state governmental entity or exempted from licensure by state law, except a facility operated by the Texas Juvenile Justice Department; or

(iii) a suitable public or private post-adjudication secure correctional facility that meets the requirements of Section 51.125, except a facility operated by the Texas Juvenile Justice Department;

(2) if the court or jury found at the conclusion of the adjudication hearing that the child engaged in delinquent conduct that constitutes serious felony conduct [violates a penal law of this state or the United States of the grade of felony], the court or jury made a special commitment finding under Section 54.04013, and the petition was not approved by the grand jury under Section 53.045, the court may commit the child to the Texas Juvenile Justice Department under Section 54.04013[, or a post-adjudication secure correctional facility under Section 54.04011(c)(1), as applicable,] without a determinate sentence;

(3) if the court or jury found at the conclusion of the adjudication hearing that the child engaged in delinquent conduct that included a violation of a penal law listed in Section 53.045(a) and if the petition was approved by the grand jury under Section 53.045, the court or jury may sentence the child to commitment in the Texas Juvenile Justice Department [or a post-adjudication secure correctional facility under Section 54.04011(c)(2)] with a possible transfer to the Texas Department of Criminal Justice for a term of:

(A) not more than 40 years if the conduct constitutes:

(i) a capital felony;

(ii) a felony of the first degree; or

(iii) an aggravated controlled substance felony;

(B) not more than 20 years if the conduct constitutes a felony of the second degree; or

(C) not more than 10 years if the conduct constitutes a felony of the third degree;

(4) the court may assign the child an appropriate sanction level and sanctions as provided by the assignment guidelines in Section 59.003;

(5) the court may place the child in a suitable nonsecure correctional facility that is registered and meets the applicable standards for the facility as provided by Section 51.126; or

(6) if applicable, the court or jury may make a disposition under Subsection (m) [or Section 54.04011(c)(2)(A)].

(s) In this section, "serious felony conduct" means conduct:

(1) that constitutes an offense under any of the following provisions of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 20.03 (kidnapping);

(D) Section 20.04 (aggravated kidnapping);

(E) Section 20A.03 (continuous trafficking of persons);

(F) Section 21.02 (continuous sexual abuse of young child or disabled individual);

(G) Section 21.11 (indecency with a child);

(H) Section 22.011 (sexual assault);

(I) Section 22.02 (aggravated assault);

(J) Section 22.021 (aggravated sexual assault);

(K) Section 22.04 (injury to a child, elderly individual, or disabled individual); or

(L) Section 29.03 (aggravated robbery);

(2) for which it is shown that a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during the commission of the conduct or during immediate flight from the commission of the conduct; or

(3) that constitutes habitual felony conduct as described by Section 51.031.

SECTION 5. Section 54.04013, Family Code, is amended to read as follows:

Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE DEPARTMENT. (a) Notwithstanding any other provision of this code, after a disposition hearing held in accordance with Section 54.04 or a hearing to modify a disposition held in accordance with Section 54.05, the juvenile court may commit a child who is found to have engaged in delinquent conduct that constitutes serious felony conduct, as defined by Section 54.04, [a felony offense] to the Texas Juvenile Justice Department without a determinate sentence if the court makes a special commitment finding that the child has behavioral health or other special needs that cannot be met with the resources available in the community. The court should consider the findings of a validated risk and needs assessment and the findings of any other appropriate professional assessment available to the court.

(b) In making a special commitment finding under Subsection (a), the court may consider mitigating evidence of the child's circumstances.

SECTION 6. Sections 54.05(f) and (j), Family Code, are amended to read as follows:

(f) Except as provided by Subsection (j), a disposition based on a finding that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony may be modified so as to commit the child to the Texas Juvenile Justice Department [or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code,] if the court after a hearing to modify disposition finds by a preponderance of the evidence that the child violated a reasonable and lawful order of the court and makes a special commitment finding under Section 54.04013. A disposition based on a finding that the child engaged in habitual felony conduct as described by Section 51.031 or in delinquent conduct that included a violation of a penal law listed in Section 53.045(a) may be modified to commit the child to the Texas Juvenile Justice Department [or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code,] with a possible transfer to the Texas Department of Criminal Justice for a definite term prescribed by[, as applicable,] Section 54.04(d)(3) [or Section 152.0016(g), Human Resources Code,] if the original petition was approved by the grand jury under Section 53.045 and if after a hearing to modify the disposition the court finds that the child violated a reasonable and lawful order of the court.

(j) If, after conducting a hearing to modify disposition without a jury, the court finds by a preponderance of the evidence that a child violated a reasonable and lawful condition of probation ordered under Section 54.04(q), the court may modify the disposition to commit the child to the Texas Juvenile Justice Department under Section 54.04(d)(3) [or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code,] for a term that does not exceed the original sentence assessed by the court or jury.

SECTION 7. Not later than 180 days after the effective date of this Act, the Texas Juvenile Justice Board shall adopt rules necessary to implement Sections 51.22, 51.23, and 51.24, Family Code, as added by this Act.

SECTION 8. Sections 54.02 and 54.04, Family Code, as amended by this Act, apply only to conduct that occurs on or after the effective date of this Act. Conduct that occurs before the effective date of this Act is governed by the law in effect when the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, conduct occurs before the effective date of this Act if any element of the conduct occurs before the effective date.

SECTION 9. Sections 54.04013 and 54.05, Family Code, as amended by this Act, apply only to a hearing that occurs on or after the effective date of this Act. A hearing that occurs before the effective date of this Act is governed by the law in effect at the time the hearing occurred, and the former law is continued in effect for that purpose.

SECTION 10. This Act takes effect September 1, 2025.