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  S.B. No. 1149
 
 
 
 
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.  Sections 51.13(c) and (d), Family Code, are
  amended to read as follows:
         (c)  A child may not be committed or transferred to a penal
  institution or other facility used primarily for the execution of
  sentences of persons convicted of crime, except:
               (1)  for temporary detention in a jail or lockup
  pending juvenile court hearing or disposition under conditions
  meeting the requirements of Section 51.12;
               (2)  after transfer for prosecution in criminal court
  under Section 54.02, unless the juvenile court orders the detention
  of the child in a certified juvenile detention facility under
  Section 54.02(h); [or]
               (3)  after transfer from the Texas Juvenile Justice
  Department under Section 245.151(c), Human Resources Code; or
               (4)  after transfer from a post-adjudication secure
  correctional facility, as that term is defined by Section 54.04011.
         (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 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 for conduct that
  occurred on or after December 1, 2013, is a final felony conviction
  only for the purposes of Sections 12.42(a), (b), and (c)(1) or
  Section 12.425, Penal Code.
         SECTION 2.  Section 53.045(d), Family Code, is amended to
  read as follows:
         (d)  If the grand jury approves of the petition, the fact of
  approval shall be certified to the juvenile court, and the
  certification shall be entered in the record of the case.  For the
  purpose of the transfer of a child to the Texas Department of
  Criminal Justice as provided by Section 152.00161(c) or 245.151(c),
  Human Resources Code, as applicable, a juvenile court petition
  approved by a grand jury under this section is an indictment
  presented by the grand jury.
         SECTION 3.  Section 54.11, Family Code, is amended by
  amending Subsections (a), (b), and (d) and adding Subsection (o) 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), 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) or (j), Human Resources Code, the court shall set a time
  and place for a hearing on the possible transfer or release of the
  person, as applicable.
         (b)  The court shall notify the following of the time and
  place of the hearing:
               (1)  the person to be transferred or released under
  supervision;
               (2)  the parents of the person;
               (3)  any legal custodian of the person, including the
  Texas Juvenile Justice Department or a juvenile board or local
  juvenile probation department if the child is committed to a
  post-adjudication secure correctional facility;
               (4)  the office of the prosecuting attorney that
  represented the state in the juvenile delinquency proceedings;
               (5)  the victim of the offense that was included in the
  delinquent conduct that was a ground for the disposition, or a
  member of the victim's family; and
               (6)  any other person who has filed a written request
  with the court to be notified of a release hearing with respect to
  the person to be transferred or released under supervision.
         (d)  At a hearing under this section the court may consider
  written reports and supporting documents from probation officers,
  professional court employees, professional consultants, [or]
  employees of the Texas Juvenile Justice Department, or employees of
  a post-adjudication secure correctional facility in addition to the
  testimony of witnesses.  On or before the fifth day before the date
  of the hearing, the court shall provide the attorney for the person
  to be transferred or released under supervision with access to all
  written matter to be considered by the court.  All written matter is
  admissible in evidence at the hearing.
         (o)  In this section, "post-adjudication secure correctional
  facility" has the meaning assigned by Section 54.04011.
         SECTION 4.  Section 58.352(a), Family Code, is amended to
  read as follows:
         (a)  A juvenile court judge in a county to which this
  subchapter applies shall post a report on the Internet website of
  the county in which the court is located. The report must include:
               (1)  the total number of children committed by the
  judge to:
                     (A)  a correctional facility operated by the Texas
  Juvenile Justice Department [Youth Commission]; or
                     (B)  a post-adjudication secure correctional
  facility as that term is defined by Section 54.04011; and
               (2)  for each child committed to a facility described
  by Subdivision (1):
                     (A)  a general description of the offense
  committed by the child or the conduct of the child that led to the
  child's commitment to the facility;
                     (B)  the year the child was committed to the
  facility; and
                     (C)  the age range, race, and gender of the child.
         SECTION 5.  Section 499.053, Government Code, is amended to
  read as follows:
         Sec. 499.053.  TRANSFERS FROM TEXAS JUVENILE JUSTICE
  DEPARTMENT OR POST-ADJUDICATION SECURE CORRECTIONAL FACILITY.  
  (a)  In this section, "post-adjudication secure correctional
  facility" has the meaning assigned by Section 152.00011, Human
  Resources Code.
         (a-1)  The department shall accept persons transferred to
  the department from:
               (1)  the Texas Juvenile Justice Department under
  Section 245.151, Human Resources Code; or
               (2)  a post-adjudication secure correctional facility
  under Section 152.00161, Human Resources Code.
         (b)  A person transferred to the department from the Texas
  Juvenile Justice Department or from a post-adjudication secure
  correctional facility is entitled to credit on the person's
  sentence for the time served in the custody of the Texas Juvenile
  Justice Department or the juvenile board or local juvenile
  probation department, as applicable.
         (c)  All laws relating to good conduct time and eligibility
  for release on parole or mandatory supervision apply to a person
  transferred to the department by the Texas Juvenile Justice
  Department or by a juvenile board or local juvenile probation
  department that operates the post-adjudication secure correctional
  facility as if the time the person was detained in a detention
  facility and the time the person served in the custody of the Texas
  Juvenile Justice Department or the juvenile board or local juvenile
  probation department was time served in the custody of the
  department.
         (d)  A person transferred from the Texas Juvenile Justice
  Department or a post-adjudication secure correctional facility for
  the offense of capital murder shall become eligible for parole as
  provided in Section 508.145(d) for an offense listed in Section 3g,
  Article 42.12, Code of Criminal Procedure, or an offense for which a
  deadly weapon finding has been made.
         SECTION 6.  Section 508.003(c), Government Code, is amended
  to read as follows:
         (c)  The provisions of this chapter not in conflict with
  Section 508.156 apply to parole of a person from the Texas Juvenile
  Justice Department or from a post-adjudication secure correctional
  facility operated by or under contract with a juvenile board or
  local juvenile probation department [Youth Commission] under that
  section.
         SECTION 7.  Sections 508.156(a), (d), (e), and (f),
  Government Code, are amended to read as follows:
         (a)  Before the release of a person who is transferred under
  Section 152.0016(g), 152.00161(e), 245.051(c), or 245.151(e),
  Human Resources Code, to the department for release on parole, a
  parole panel shall review the person's records and may interview
  the person or any other person the panel considers necessary to
  determine the conditions of parole.  The panel may impose any
  reasonable condition of parole on the person that the panel may
  impose on an adult inmate under this chapter.
         (d)  The period of parole for a person released on parole
  under this section is the term for which the person was sentenced
  less calendar time served at the Texas Juvenile Justice Department
  or in the custody of a juvenile board or local juvenile probation
  department following a commitment under Section 54.04011(c)(2),
  Family Code, [Youth Commission] and in a juvenile detention
  facility in connection with the conduct for which the person was
  adjudicated.
         (e)  If a parole panel revokes the person's parole, the panel
  may require the person to serve the remaining portion of the
  person's sentence in the institutional division.  The remaining
  portion of the person's sentence is computed without credit for the
  time from the date of the person's release to the date of
  revocation. The panel may not recommit the person to the Texas
  Juvenile Justice Department or to the custody of a juvenile board or
  local juvenile probation department [Youth Commission].
         (f)  For purposes of this chapter, a person released from the
  Texas Juvenile Justice Department or the custody of a juvenile
  board or local juvenile probation department [Youth Commission] on
  parole under this section is considered to have been convicted of
  the offense for which the person has been adjudicated.
         SECTION 8.  Subchapter A, Chapter 152, Human Resources Code,
  is amended by adding Section 152.00011 to read as follows:
         Sec. 152.00011.  DEFINITION. In this chapter,
  "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.
         SECTION 9.  Section 152.0016, Human Resources Code, as added
  by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, Regular
  Session, 2013, is amended by adding Subsections (f-1), (f-2), and
  (g-1) and amending Subsections (h) and (i) to read as follows:
         (f-1)  After a child has completed the minimum length of stay
  established under Subsection (f), the juvenile board or local
  juvenile probation department shall:
               (1)  discharge the child from the custody of the
  juvenile board or local juvenile probation department;
               (2)  release the child under supervision as provided by
  Subsection (c)(2); or
               (3)  extend the child's length of stay in the custody of
  the juvenile board or local juvenile probation department.
         (f-2)  A child's length of stay may only be extended under
  Subsection (f-1)(3) on the basis of clear and convincing evidence
  that:
               (1)  the child is in need of additional rehabilitation
  from the juvenile board or local juvenile probation department; and
               (2)  the post-adjudication secure correctional
  facility will provide the most suitable environment for that
  rehabilitation.
         (g-1)  The juvenile board or local juvenile probation
  department may request the approval of the court under Subsection
  (g) at any time.
         (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 152.00161(b)
  [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.  Sections 243.051
  and 245.051(f) apply only to a child who has been committed to a
  post-adjudication secure correctional facility under Section
  54.04011(c), Family Code, and who has either escaped or violated
  the conditions of release under supervision.  A hearing examiner
  who conducts a revocation under this subsection has the same
  subpoena authority as a hearing officer at the Texas Juvenile
  Justice Department, as provided under Section 203.008.
         SECTION 10.  Subchapter A, Chapter 152, Human Resources
  Code, is amended by adding Sections 152.00161, 152.00162,
  152.00163, 152.00164, and 152.00165 to read as follows:
         Sec. 152.00161.  TERMINATION OF CONTROL. (a)  Except as
  provided by Subsections (b) and (c), if a person is committed to a
  post-adjudication secure correctional facility under a determinate
  sentence under Section 54.04011(c)(2), Family Code, the juvenile
  board or local juvenile probation department may not discharge the
  person from custody.
         (b)  The juvenile board or local juvenile probation
  department shall discharge without a court hearing a person
  committed to the department for a determinate sentence under
  Section 54.04011(c)(2), Family Code, who has not been transferred
  to the Texas Department of Criminal Justice under a court order on
  the date that the time spent by the person in detention in
  connection with the committing case plus the time spent in the
  custody of the juvenile board or local juvenile probation
  department under the order of commitment equals the period of the
  sentence.
         (c)  The juvenile board or local juvenile probation
  department shall transfer to the Texas Department of Criminal
  Justice a person who is the subject of an order under Section
  152.0016(j) transferring the person to the custody of the Texas
  Department of Criminal Justice for the completion of the person's
  sentence.
         (d)  Except as provided by Subsection (e), the juvenile board
  or local juvenile probation department shall discharge from its
  custody a person not already discharged on the person's 19th
  birthday.
         (e)  The juvenile board or local juvenile probation
  department shall transfer a person who has been sentenced under a
  determinate sentence to commitment under Section 54.04011(c)(2),
  Family Code, or who has been returned to the juvenile board or local
  juvenile probation department under Section 54.11(i)(1), Family
  Code, to the custody of the Texas Department of Criminal Justice on
  the person's 19th birthday, if the person has not already been
  discharged or transferred, to serve the remainder of the person's
  sentence on parole as provided by Section 508.156, Government Code.
         Sec. 152.00162.  DETERMINATE SENTENCE PAROLE. (a)  Not
  later than the 90th day before the date the juvenile board or local
  juvenile probation department transfers a person to the custody of
  the Texas Department of Criminal Justice for release on parole
  supervision under Section 152.0016(g) or 152.00161(e), the
  juvenile board or local juvenile probation department shall submit
  to the Texas Department of Criminal Justice all pertinent
  information relating to the person, including:
               (1)  the juvenile court judgment;
               (2)  the circumstances of the person's offense;
               (3)  the person's previous social history and juvenile
  court records;
               (4)  the person's physical and mental health record;
               (5)  a record of the person's conduct, employment
  history, and attitude while committed to the department;
               (6)  a record of the sentence time served by the person
  at the juvenile board or local juvenile probation department as a
  result of a commitment under Section 54.04011(c)(2), Family Code,
  and in a juvenile detention facility in connection with the conduct
  for which the person was adjudicated; and
               (7)  any written comments or information provided by
  the juvenile board or local juvenile probation department, local
  officials, family members of the person, victims of the offense, or
  the general public.
         (b)  The juvenile board or local juvenile probation
  department shall provide instruction for parole officers of the
  Texas Department of Criminal Justice relating to juvenile programs
  provided by the juvenile board or local juvenile probation
  department.  The juvenile boards and local juvenile probation
  departments and the Texas Department of Criminal Justice shall
  enter into a memorandum of understanding relating to the
  administration of this subsection.
         (c)  The Texas Department of Criminal Justice shall grant
  credit for sentence time served by a person in the custody of a
  juvenile board or local juvenile probation department and in a
  juvenile detention facility, as recorded by the board or department
  under Subsection (a)(6), in computing the person's eligibility for
  parole and discharge from the Texas Department of Criminal Justice.
         Sec. 152.00163.  CHILD WITH MENTAL ILLNESS OR INTELLECTUAL
  DISABILITY. (a)  A juvenile board or local juvenile probation
  department shall accept a child with a mental illness or an
  intellectual disability who is committed to the custody of the
  board or department.
         (b)  Unless a child is committed to the custody of a juvenile
  board or local juvenile probation department under a determinate
  sentence under Section 54.04011(c)(2), Family Code, the juvenile
  board or local juvenile probation department shall discharge a
  child with a mental illness or an intellectual disability from its
  custody if:
               (1)  the child has completed the minimum length of stay
  for the child's committing offense; and
               (2)  the juvenile board or local juvenile probation
  department determines that the child is unable to progress in the
  rehabilitation programs provided by the juvenile board or local
  juvenile probation department because of the child's mental illness
  or intellectual disability.
         (c)  If a child who is discharged from the custody of a
  juvenile board or local juvenile probation department under
  Subsection (b) as a result of mental illness is not receiving
  court-ordered mental health services, the child's discharge is
  effective on the earlier of:
               (1)  the date the court enters an order regarding an
  application for mental health services filed under Section
  152.00164(b); or
               (2)  the 30th day after the date the application is
  filed.
         (d)  If a child who is discharged from the custody of a
  juvenile board or local juvenile probation department under
  Subsection (b) as a result of mental illness is receiving
  court-ordered mental health services, the child's discharge is
  effective immediately.  If the child is receiving mental health
  services outside the child's home county, the juvenile board or
  local juvenile probation department shall notify the mental health
  authority located in that county of the discharge not later than the
  30th day after the date that the child's discharge is effective.
         (e)  If a child who is discharged from the custody of a
  juvenile board or local juvenile probation department under
  Subsection (b) as a result of an intellectual disability is not
  receiving intellectual disability services, the child's discharge
  is effective on the 30th day after the date that the referral is
  made under Section 152.00164(c).
         (f)  If a child who is discharged from the custody of a
  juvenile board or local juvenile probation department under
  Subsection (b) as a result of an intellectual disability is
  receiving intellectual disability services, the child's discharge
  is effective immediately.
         (g)  If a child with a mental illness or an intellectual
  disability is discharged from the custody of a juvenile board or
  local juvenile probation 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.
         Sec. 152.00164.  EXAMINATION BEFORE DISCHARGE. (a)  A
  juvenile board or local juvenile probation department shall
  establish a system that identifies children with mental illnesses
  or intellectual disabilities who are in the custody of the juvenile
  board or local juvenile probation department.
         (b)  Before a child who is identified as having a mental
  illness is discharged from the custody of the juvenile board or
  local juvenile probation department under Section 152.00163(b),
  the juvenile board or local juvenile probation department shall
  arrange for a psychiatrist to examine the child.  The juvenile board
  or local juvenile probation department shall refer a child
  requiring outpatient psychiatric treatment to the appropriate
  mental health authority.  For a child requiring inpatient
  psychiatric treatment, the juvenile board or local juvenile
  probation 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 has a mental illness and the child meets at least one
  of the criteria listed in Section 574.034, Health and Safety Code.
         (c)  Before a child who is identified as having an
  intellectual disability under Chapter 593, Health and Safety Code,
  is discharged from the custody of a juvenile board or local juvenile
  probation department under Section 152.00163(b), the department
  shall refer the child for intellectual disability services if the
  child is not receiving intellectual disability services.
         Sec. 152.00165.  TRANSFER OF CERTAIN CHILDREN SERVING
  DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a)  A juvenile
  board or local juvenile probation department may petition the
  juvenile court that entered the order of commitment for a child for
  the initiation of mental health commitment proceedings if the child
  is committed to the custody of the juvenile board or local juvenile
  probation department under a determinate sentence under Section
  54.04011(c)(2), Family Code.
         (b)  A petition made by a juvenile board or local juvenile
  probation department shall be treated as a motion under Section
  55.11, Family Code, and the juvenile court shall proceed in
  accordance with Subchapter B, Chapter 55, Family Code.
         (c)  A juvenile board or local juvenile probation department
  shall cooperate with the juvenile court in any proceeding under
  this section.
         (d)  The juvenile court shall credit to the term of the
  child's commitment to a juvenile board or local juvenile probation
  department any time the child is committed to an inpatient mental
  health facility.
         (e)  A child committed to an inpatient mental health facility
  as a result of a petition filed under this section may not be
  released from the facility on a pass or furlough.
         (f)  If the term of an order committing a child to an
  inpatient mental health facility is scheduled to expire before the
  end of the child's sentence and another order committing the child
  to an inpatient mental health facility is not scheduled to be
  entered, the inpatient mental health facility shall notify the
  juvenile court that entered the order of commitment committing the
  child to a juvenile board or local juvenile probation department.
  The juvenile court may transfer the child to the custody of the
  juvenile board or local juvenile probation department, transfer the
  child to the Texas Department of Criminal Justice, or release the
  child under supervision, as appropriate.
         SECTION 11.  (a)  Section 261.101, Human Resources Code, is
  amended by adding Subsections (a-1) and (f) and amending Subsection
  (e) to read as follows:
         (a-1)  The independent ombudsman shall perform the duties
  required under Subsection (a) with respect to children committed to
  the department and children committed to a post-adjudication secure
  correctional facility under Section 54.04011, Family Code.
         (e)  Notwithstanding any other provision of this chapter,
  the powers of the office are limited to:
               (1)  facilities operated and services provided by the
  department under Subtitle C; and
               (2)  post-adjudication correctional facilities under
  Section 152.0016.
         (f)  This subsection and Subsections (a-1) and (e) expire
  December 31, 2018.
         (b)  Effective January 1, 2019, Section 261.101, Human
  Resources Code, is amended by adding Subsection (e) to read as
  follows:
         (e)  Notwithstanding any other provision of this chapter,
  the powers of the office are limited to facilities operated and
  services provided by the department under Subtitle C.
         SECTION 12.  Section 152.0016(b), Human Resources Code, as
  added by Chapter 1323 (S.B. 511), Acts of the 83rd Legislature,
  Regular Session, 2013, is repealed.
         SECTION 13.  The change in law made by this Act applies to a
  person committed to or serving a sentence in a post-adjudication
  secure correctional facility on or after the effective date of this
  Act, regardless of whether the underlying conduct giving rise to
  the commitment and sentence occurred before, on, or after that
  date.
         SECTION 14.  This Act takes effect September 1, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1149 passed the Senate on
  April 23, 2015, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1149 passed the House on
  May 22, 2015, by the following vote:  Yeas 140, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor