S.B. No. 511
 
 
 
 
AN ACT
  relating to the commitment of certain juveniles to local
  post-adjudication secure correctional facilities in certain
  counties and to the release under supervision of those juveniles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (d), Section 51.13, Family Code, is
  amended to read as follows:
         (d)  An adjudication under Section 54.03 that a child engaged
  in conduct that occurred on or after January 1, 1996, and that
  constitutes a felony offense resulting in commitment to the Texas
  Juvenile Justice Department [Youth Commission] under Section
  54.04(d)(2), (d)(3), or (m) or 54.05(f) or commitment to a
  post-adjudication secure correctional facility under Section
  54.04011 is a final felony conviction only for the purposes of
  Sections 12.42(a), (b), and (c)(1) or Section 12.425[, and (e)],
  Penal Code.
         SECTION 2.  Section 54.04, Family Code, is amended by
  amending Subsections (d) and (q) and adding Subsection (z) 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 [Youth
  Commission]; 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 [Youth Commission];
               (2)  if the court or jury found at the conclusion of the
  adjudication hearing that the child engaged in delinquent conduct
  that violates a penal law of this state or the United States of the
  grade of felony and if 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 or a post-adjudication secure
  correctional facility under Section 54.04011(c)(1) [Youth
  Commission] 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) [Youth
  Commission] 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; or
               (5)  if applicable, the court or jury may make a
  disposition under Subsection (m) or Section 54.04011(c)(2)(A).
         (q)  If a court or jury sentences a child to commitment in the
  Texas Juvenile Justice Department or a post-adjudication secure
  correctional facility [Youth Commission] under Subsection (d)(3)
  for a term of not more than 10 years, the court or jury may place the
  child on probation under Subsection (d)(1) as an alternative to
  making the disposition under Subsection (d)(3).  The court shall
  prescribe the period of probation ordered under this subsection for
  a term of not more than 10 years.  The court may, before the sentence
  of probation expires, extend the probationary period under Section
  54.05, except that the sentence of probation and any extension may
  not exceed 10 years.  The court may, before the child's 19th
  birthday, discharge the child from the sentence of probation.  If a
  sentence of probation ordered under this subsection and any
  extension of probation ordered under Section 54.05 will continue
  after the child's 19th birthday, the court shall discharge the
  child from the sentence of probation on the child's 19th birthday
  unless the court transfers the child to an appropriate district
  court under Section 54.051.
         (z)  Nothing in this section may be construed to prohibit a
  juvenile court or jury in a county to which Section 54.04011 applies
  from committing a child to a post-adjudication secure correctional
  facility in accordance with that section after a disposition
  hearing held in accordance with this section.
         SECTION 3.  Chapter 54, Family Code, is amended by adding
  Section 54.04011 to read as follows:
         Sec. 54.04011.  COMMITMENT TO POST-ADJUDICATION SECURE
  CORRECTIONAL FACILITY. (a)  In this section, "post-adjudication
  secure correctional facility" means a facility operated by or under
  contract with a juvenile board or local juvenile probation
  department under Section 152.0016, Human Resources Code.
         (b)  This section applies only to a county in which the
  juvenile board or local juvenile probation department operates or
  contracts for the operation of a post-adjudication secure
  correctional facility.
         (c)  After a disposition hearing held in accordance with
  Section 54.04, the juvenile court of a county to which this section
  applies may commit a child who is found to have engaged in
  delinquent conduct that constitutes a felony to a post-adjudication
  secure correctional facility:
               (1)  without a determinate sentence, if:
                     (A)  the child is found to have engaged in conduct
  that violates a penal law of the grade of felony and the petition
  was not approved by the grand jury under Section 53.045;
                     (B)  the child is found to have engaged in conduct
  that violates a penal law of the grade of felony and the petition
  was approved by the grand jury under Section 53.045 but the court or
  jury does not make the finding described by Section 54.04(m)(2); or
                     (C)  the disposition is modified under Section
  54.05(f); or
               (2)  with a determinate sentence, if:
                     (A)  the child is found to have engaged in conduct
  that included a violation of a penal law listed in Section 53.045 or
  that is considered habitual felony conduct as described by Section
  51.031, the petition was approved by the grand jury under Section
  53.045, and, if applicable, the court or jury makes the finding
  described by Section 54.04(m)(2); or
                     (B)  the disposition is modified under Section
  54.05(f).
         (d)  Nothing in this section may be construed to prohibit:
               (1)  a juvenile court or jury from making a disposition
  under Section 54.04, including:
                     (A)  placing a child on probation on such
  reasonable and lawful terms as the court may determine, including
  placement in a public or private post-adjudication secure
  correctional facility under Section 54.04(d)(1)(B)(iii); or
                     (B)  placing a child adjudicated under Section
  54.04(d)(3) or (m) on probation for a term of not more than 10
  years, as provided in Section 54.04(q); or
               (2)  the attorney representing the state from filing a
  motion concerning a child who has been placed on probation under
  Section 54.04(q) or the juvenile court from holding a hearing under
  Section 54.051(a).
         (e)  The provisions of 37 T.A.C. Section 343.610 do not apply
  to this section.
         (f)  This section expires on December 31, 2018.
         SECTION 4.  Subsections (b), (f), (j), and (m), Section
  54.05, Family Code, are amended to read as follows:
         (b)  Except for a commitment to the Texas Juvenile Justice
  Department or to a post-adjudication secure correctional facility
  under Section 54.04011, [Youth Commission or] a disposition under
  Section 54.0402, or a placement on determinate sentence probation
  under Section 54.04(q), all dispositions automatically terminate
  when the child reaches the child's 18th birthday.
         (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, [Youth Commission] 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.  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, [Youth Commission] 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 [Youth Commission] 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.
         (m)  If the court places the child on probation outside the
  child's home or commits the child to the Texas Juvenile Justice
  Department or to a post-adjudication secure correctional facility
  operated under Section 152.0016, Human Resources Code [Youth
  Commission], the court:
               (1)  shall include in the court's order a determination
  that:
                     (A)  it is in the child's best interests to be
  placed outside the child's home;
                     (B)  reasonable efforts were made to prevent or
  eliminate the need for the child's removal from the child's home and
  to make it possible for the child to return home; and
                     (C)  the child, in the child's home, cannot be
  provided the quality of care and level of support and supervision
  that the child needs to meet the conditions of probation; and
               (2)  may approve an administrative body to conduct a
  permanency hearing pursuant to 42 U.S.C. Section 675 if required
  during the placement or commitment of the child.
         SECTION 5.  Subsections (a), (b), and (d), Section 54.052,
  Family Code, are amended to read as follows:
         (a)  This section applies only to a child who is committed
  to:
               (1)  the Texas Juvenile Justice Department [Youth
  Commission] under a determinate sentence under Section 54.04(d)(3)
  or (m) or Section 54.05(f); or
               (2)  a post-adjudication secure correctional facility
  under a determinate sentence under Section 54.04011(c)(2).
         (b)  The judge of the court in which a child is adjudicated
  shall give the child credit on the child's sentence for the time
  spent by the child, in connection with the conduct for which the
  child was adjudicated, in a secure detention facility before the
  child's transfer to a Texas Juvenile Justice Department [Youth
  Commission] facility or a post-adjudication secure correctional
  facility, as applicable.
         (d)  The Texas Juvenile Justice Department or the juvenile
  board or local juvenile probation department operating or
  contracting for the operation of the post-adjudication secure
  correctional facility under Section 152.0016, Human Resources
  Code, as applicable, [Youth Commission] shall grant any credit
  under this section in computing the child's eligibility for parole
  and discharge.
         SECTION 6.  Subsections (a), (h), (i), (j), and (k), Section
  54.11, Family Code, are amended to read as follows:
         (a)  On receipt of a referral under Section 244.014(a), Human
  Resources Code, for the transfer to the Texas Department of
  Criminal Justice of a person committed to the Texas Juvenile
  Justice Department under Section 54.04(d)(3), 54.04(m), or
  54.05(f), [or] on receipt of a request by the Texas Juvenile Justice
  Department under Section 245.051(d), Human Resources Code, for
  approval of the release under supervision of a person committed to
  the Texas Juvenile Justice Department under Section 54.04(d)(3),
  54.04(m), or 54.05(f), or on receipt of a referral under Section
  152.0016(g), Human Resources Code, the court shall set a time and
  place for a hearing on the release of the person.
         (h)  The hearing on a person who is referred for transfer
  under Section 152.0016(j) or 244.014(a), Human Resources Code,
  shall be held not later than the 60th day after the date the court
  receives the referral.
         (i)  On conclusion of the hearing on a person who is referred
  for transfer under Section 152.0016(j) or 244.014(a), Human
  Resources Code, the court may, as applicable, order:
               (1)  the return of the person to the Texas Juvenile
  Justice Department or post-adjudication secure correctional
  facility; or
               (2)  the transfer of the person to the custody of the
  Texas Department of Criminal Justice for the completion of the
  person's sentence.
         (j)  On conclusion of the hearing on a person who is referred
  for release under supervision under Section 152.0016(g) or 
  245.051(c), Human Resources Code, the court may, as applicable,
  order the return of the person to the Texas Juvenile Justice
  Department or post-adjudication secure correctional facility:
               (1)  with approval for the release of the person under
  supervision; or
               (2)  without approval for the release of the person
  under supervision.
         (k)  In making a determination under this section, the court
  may consider the experiences and character of the person before and
  after commitment to the Texas Juvenile Justice Department or
  post-adjudication secure correctional facility [youth commission],
  the nature of the penal offense that the person was found to have
  committed and the manner in which the offense was committed, the
  abilities of the person to contribute to society, the protection of
  the victim of the offense or any member of the victim's family, the
  recommendations of the Texas Juvenile Justice Department, county
  juvenile board, local juvenile probation department, [youth
  commission] and prosecuting attorney, the best interests of the
  person, and any other factor relevant to the issue to be decided.
         SECTION 7.  Section 59.009, Family Code, is amended to read
  as follows:
         Sec. 59.009.  SANCTION LEVEL SIX. (a)  For a child at
  sanction level six, the juvenile court may commit the child to the
  custody of the Texas Juvenile Justice Department or a
  post-adjudication secure correctional facility under Section
  54.04011(c)(1) [Youth Commission]. The department, juvenile
  board, or local juvenile probation department, as applicable,
  [commission] may:
               (1)  require the child to participate in a highly
  structured residential program that emphasizes discipline,
  accountability, fitness, training, and productive work for not less
  than nine months or more than 24 months unless the department,
  board, or probation department [commission] extends the period and
  the reason for an extension is documented;
               (2)  require the child to make restitution to the
  victim of the child's conduct or perform community service
  restitution appropriate to the nature and degree of the harm caused
  and according to the child's ability, if there is a victim of the
  child's conduct;
               (3)  require the child and the child's parents or
  guardians to participate in programs and services for their
  particular needs and circumstances; and
               (4)  if appropriate, impose additional sanctions.
         (b)  On release of the child under supervision, the Texas
  Juvenile Justice Department [Youth Commission] parole programs or
  the juvenile board or local juvenile probation department operating
  parole programs under Section 152.0016(c)(2), Human Resources
  Code, may:
               (1)  impose highly structured restrictions on the
  child's activities and requirements for behavior of the child as
  conditions of release under supervision;
               (2)  require a parole officer to closely monitor the
  child for not less than six months; and
               (3)  if appropriate, impose any other conditions of
  supervision.
         (c)  The Texas Juvenile Justice Department, juvenile board,
  or local juvenile probation department [Youth Commission] may
  discharge the child from the [commission's] custody of the
  department, board, or probation department, as applicable, on the
  date the provisions of this section are met or on the child's 19th
  birthday, whichever is earlier.
         SECTION 8.  Section 59.010, Family Code, is amended to read
  as follows:
         Sec. 59.010.  SANCTION LEVEL SEVEN. (a)  For a child at
  sanction level seven, the juvenile court may certify and transfer
  the child under Section 54.02 or sentence the child to commitment to
  the Texas Juvenile Justice Department [Youth Commission] under
  Section 54.04(d)(3), 54.04(m), or 54.05(f) or to a
  post-adjudication secure correctional facility under Section
  54.04011(c)(2). The department, juvenile board, or local juvenile
  probation department, as applicable, [commission] may:
               (1)  require the child to participate in a highly
  structured residential program that emphasizes discipline,
  accountability, fitness, training, and productive work for not less
  than 12 months or more than 10 years unless the department, board,
  or probation department [commission] extends the period and the
  reason for the extension is documented;
               (2)  require the child to make restitution to the
  victim of the child's conduct or perform community service
  restitution appropriate to the nature and degree of harm caused and
  according to the child's ability, if there is a victim of the
  child's conduct;
               (3)  require the child and the child's parents or
  guardians to participate in programs and services for their
  particular needs and circumstances; and
               (4)  impose any other appropriate sanction.
         (b)  On release of the child under supervision, the Texas
  Juvenile Justice Department [Youth Commission] parole programs or
  the juvenile board or local juvenile probation department parole
  programs under Section 152.0016(c)(2), Human Resources Code, may:
               (1)  impose highly structured restrictions on the
  child's activities and requirements for behavior of the child as
  conditions of release under supervision;
               (2)  require a parole officer to monitor the child
  closely for not less than 12 months; and
               (3)  impose any other appropriate condition of
  supervision.
         SECTION 9.  Subsection (b), Section 841.003, Health and
  Safety Code, is amended to read as follows:
         (b)  A person is a repeat sexually violent offender for the
  purposes of this chapter if the person is convicted of more than one
  sexually violent offense and a sentence is imposed for at least one
  of the offenses or if:
               (1)  the person:
                     (A)  is convicted of a sexually violent offense,
  regardless of whether the sentence for the offense was ever imposed
  or whether the sentence was probated and the person was
  subsequently discharged from community supervision;
                     (B)  enters a plea of guilty or nolo contendere
  for a sexually violent offense in return for a grant of deferred
  adjudication;
                     (C)  is adjudged not guilty by reason of insanity
  of a sexually violent offense; or
                     (D)  is adjudicated by a juvenile court as having
  engaged in delinquent conduct constituting a sexually violent
  offense and is committed to the Texas Juvenile Justice Department 
  [Youth Commission] under Section 54.04(d)(3) or (m), Family Code;
  and
               (2)  after the date on which under Subdivision (1) the
  person is convicted, receives a grant of deferred adjudication, is
  adjudged not guilty by reason of insanity, or is adjudicated by a
  juvenile court as having engaged in delinquent conduct, the person
  commits a sexually violent offense for which the person:
                     (A)  is convicted, but only if the sentence for
  the offense is imposed; or
                     (B)  is adjudged not guilty by reason of insanity.
         SECTION 10.  Subchapter A, Chapter 152, Human Resources
  Code, is amended by adding Section 152.0016 to read as follows:
         Sec. 152.0016.  POST-ADJUDICATION SECURE CORRECTIONAL
  FACILITIES; RELEASE UNDER SUPERVISION. (a)  This section applies
  only to a county that has a population of more than one million and
  less than 1.5 million.
         (b)  In this section, "post-adjudication secure correctional
  facility" means a facility operated by or under contract with a
  juvenile board or local juvenile probation department in accordance
  with Section 51.125, Family Code.
         (c)  A juvenile board shall establish a policy that specifies
  whether the juvenile board or a local juvenile probation department
  that serves a county to which this section applies may:
               (1)  operate or contract for the operation of a
  post-adjudication secure correctional facility to confine children
  committed to the facility under Section 54.04011, Family Code; and
               (2)  operate a program through which a child committed
  to a post-adjudication secure correctional facility under Section
  54.04011, Family Code, may be released under supervision and place
  the child in the child's home or in any situation or family approved
  by the juvenile board or local juvenile probation department.
         (d)  Before placing a child in the child's home under
  Subsection (c)(2), the juvenile board or local juvenile probation
  department shall evaluate the home setting to determine the level
  of supervision and quality of care that is available in the home.
         (e)  A juvenile board or a local juvenile probation
  department shall accept a person properly committed to it by a
  juvenile court under Section 54.04011, Family Code, in the same
  manner in which the Texas Juvenile Justice Department accepts a
  person under Section 54.04(e), Family Code, even though the person
  may be 17 years of age or older at the time of the commitment.
         (f)  A juvenile board or a local juvenile probation
  department shall establish a minimum length of stay for each child
  committed without a determinate sentence under Section
  54.04011(c)(1), Family Code, in the same manner that the Texas
  Juvenile Justice Department determines a minimum length of stay for
  a child committed to the department under Section 243.002.
         (g)  Except as provided by Subsection (h), if a child is
  committed to a post-adjudication secure correctional facility
  under Section 54.04011(c)(2), Family Code, the local juvenile
  probation department may not release the child under supervision
  without approval by the juvenile court that entered the order of
  commitment under Section 54.04011, Family Code, unless the child
  has been confined not less than:
               (1)  10 years for capital murder;
               (2)  three years for an aggravated controlled substance
  felony or a felony of the first degree;
               (3)  two years for a felony of the second degree; and
               (4)  one year for a felony of the third degree.
         (h)  The juvenile board or local juvenile probation
  department may release a child who has been committed to a
  post-adjudication secure correctional facility with a determinate
  sentence under Section 54.04011(c)(2), Family Code, under
  supervision without approval of the juvenile court that entered the
  order of commitment if not more than nine months remain before the
  child's discharge as provided by Section 245.051(g).
         (i)  The juvenile board or local juvenile probation
  department may resume the care and custody of any child released
  under supervision at any time before the final discharge of the
  child in accordance with the rules governing the Texas Juvenile
  Justice Department regarding resumption of care.
         (j)  After a child committed to a post-adjudication secure
  correctional facility with a determinate sentence under Section
  54.04011(c)(2), Family Code, becomes 16 years of age but before the
  child becomes 19 years of age, the juvenile board or local juvenile
  probation department operating or contracting for the operation of
  the facility may 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 the child
  has not completed the sentence and:
               (1)  the child's conduct, regardless of whether the
  child was released under supervision through a program established
  by the board or department, indicates that the welfare of the
  community requires the transfer; or
               (2)  while the child was released under supervision:
                     (A)  a juvenile court adjudicated the child as
  having engaged in delinquent conduct constituting a felony offense;
                     (B)  a criminal court convicted the child of a
  felony offense; or
                     (C)  the child's release under supervision was
  revoked.
         (k)  A juvenile board or local juvenile probation department
  operating or contracting for the operation of a post-adjudication
  secure correctional facility under this section shall develop a
  comprehensive plan for each child committed to the facility under
  Section 54.04011, Family Code, regardless of whether the child is
  committed with or without a determinate sentence, to reduce
  recidivism and ensure the successful reentry and reintegration of
  the child into the community following the child's release under
  supervision or final discharge from the facility, as applicable.
         (l)  This section expires on December 31, 2018.
         SECTION 11.  Subsection (f), Section 12.42, Penal Code, is
  amended to read as follows:
         (f)  For the purposes of Subsections (a), (b), and (c)(1),
  [and (e),] an adjudication by a juvenile court under Section 54.03,
  Family Code, that a child engaged in delinquent conduct on or after
  January 1, 1996, constituting a felony offense for which the child
  is committed to the Texas Juvenile Justice Department [Youth
  Commission] under Section 54.04(d)(2), (d)(3), or (m), Family Code,
  or Section 54.05(f), Family Code, or to a post-adjudication secure
  correctional facility under Section 54.04011, Family Code, is a
  final felony conviction.
         SECTION 12.  The changes in law made 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 covered
  by the law in effect at the time the conduct occurred, and the
  former law is continued in effect for that purpose. For the
  purposes of this section, conduct occurs before the effective date
  of this Act if any element of the conduct occurred before that date.
         SECTION 13.  This Act takes effect December 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 511 passed the Senate on
  March 27, 2013, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 24, 2013, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 511 passed the House, with
  amendment, on May 20, 2013, by the following vote: Yeas 146,
  Nays 1, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor