By: Whitmire	S.B. No. 1630

	A BILL TO BE ENTITLED
	AN ACT
	Relating to keeping children adjudicated as delinquent closer to
	home, funding for juvenile probation departments, powers of the
	independent ombudsman, and indeterminate commitment of children
	adjudicated as delinquent.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 203, Human Resource Code, is amended by
	adding Sections 203.017 and 203.018 to read as follows:
	Sec. 203.017.  REGIONALIZATION. (a) The department shall
	develop and the board shall adopt a regionalization plan for
	keeping youth closer to home in lieu of commitment to the secure
	facilities operated by the department under Subtitle C. The plan
	shall define regions of the state to be served by facilities
	operated by juvenile probation departments, counties, or private
	operators, after consultation with juvenile probation departments
	to identify post-adjudication facility capacity that can be
	dedicated to support the regionalization plan. The department shall
	ensure that regions have defined, appropriate, evidence-based
	programs for the target populations defined by the plan.
	(b)  The regionalization plan shall include a budget review
	redirection of staff and funding to align to the plan by creating a
	new division responsible for administering regionalization and
	monitoring program quality and accountability. The new division
	shall:
	(1)  approve plans and related protocols to administer
	regional model; (2) provide training on best practices for all
	local probation departments affected by the plan;
	(3)  assist in research-based program development;
	(4)  monitor contract and program measures for new regional
	mode;
	(5)  analyze department data to provide clear guidance to
	local probation departments on outcome measures; and
	(6)  report on performance of specific programs and
	placements to assist in implementing best practices and maximize
	the impact of state funds.
	(c)  Regions shall be eligible for funding to support
	evidence-based, intensive in-home services, according to
	performance standards established by the department and adopted in
	contracts for placement and services.
	Sec. 203.018.  SPECIALIZED PROGRAMS AND SPECIAL PROJECTS.
	(a) The department shall develop specialized programs for
	determinate-sentenced children and special commitment children
	committed under Section 54.04012, Family Code. The programs shall
	ensure safety and security for committed children and provide
	developmentally appropriate program strategies.
	(b)  The department shall establish performance based goals
	related to improved outcomes, which shall include recidivism
	measures and may include other well-being outcome measures.
	(c)  The department shall utilize case review strategies to
	identify children presently in department facilities who can safely
	and appropriately be transferred to alternative local placements,
	halfway houses or parole.
	(d)  The department shall study and report to the board on the
	potential for repurposing existing secure facilities for
	determinate sentenced children, special commitment children under
	Section 54.04012, Family Code, or other purposes.
	SECTION 2.  Section 223.001, Human Services Code, is amended
	to read as follows:
	Sec. 223.001.  DETERMINATION OF AMOUNT OF STATE AID. (a)
	The department shall annually allocate funds for financial
	assistance to juvenile boards to provide juvenile services
	according to current estimates of the number of juveniles in each
	county, a basic probation funding formula for departments that
	clearly defines what basic probation entails and what services are
	provided, and other factors the department determines are
	appropriate.
	(b)  The legislature may appropriate the amount of state aid
	necessary to supplement local funds to maintain and improve
	statewide juvenile services that comply with department standards
	and to initiate the regionalization plan under Section 203.017
	until savings are generated by decreases in the population of
	department facilities operated under Subtitle C.
	(c)  The department shall may 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.
	(d)  The department shall reimburse counties for placement of youth
	in the regional specialized program at a rate that offers a savings
	to the state in relation to the average cost per day in a department
	facility operated under Subtitle C.
	SECTION 3.  Section 261.101, Human Resources Code, is
	amended to read as follows:
	Sec. 261.101.  DUTIES AND POWERS. (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 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 or the child's family may
	be in need of assistance from the office; or
	(B)  a systemic issue in the department's provision of services is
	raised by a complaint;
	(4)  review or inspect periodically the facilities and procedures
	of any institution or residence in which a child has been placed by
	the 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;
	(8)  make appropriate referrals under any of the duties and powers
	listed in this subsection;
	(9)  supervise assistants who are serving as advocates in their
	representation of children committed to the department in 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; and
	(11)  report a possible standards violation by a local juvenile
	probation department to the appropriate division of the department.
	(b)  The independent ombudsman may apprise persons who are
	interested in a child's welfare of the rights of the child.
	(c)  To assess if a child's rights have been violated, the
	independent ombudsman may, in any matter that does not involve
	alleged criminal behavior, contact or consult with an
	administrator, employee, child, parent, expert, or any other
	individual in the course of its investigation or to secure
	information.
	(d)  Notwithstanding any other provision of this chapter, the
	independent ombudsman may not investigate alleged criminal
	behavior.
	(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, and
	post-adjudication correctional facilities under Section 51.125,
	Family Code.
	SECTION 4.  Section 54.04, Family Code, is amended by
	amending subsection (d) 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 violates a penal law of this state or the United States of the
	grade of felony, if a special commitment finding is made under
	Section 54.04012, 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 under Section 54.04012 or a
	post-adjudication secure correctional facility under Section
	54.04011(c)(1) 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).
	SECTION 5.  Chapter 54, Family Code, is amended by adding
	Section 54.04012 to read as follows:
	Sec. 54.04012.  Special Commitment to Texas Juvenile Justice
	Department. After a disposition hearing held in accordance with
	Section 54.04, the juvenile court may commit a child who is found to
	have engaged in delinquent conduct that constitutes a felony 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, as documented in a validated
	needs assessment conducted by the juvenile probation department
	serving the court.
	SECTION 6.  The changes in law made by Sections 5 and 6 of
	this Act apply only to an offense committed on or after the
	effective date applicable to those sections of this Act. An offense
	committed before the effective date of those sections of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of those sections of this Act if any element of the
	offense occurred before that date.
	SECTION 7.  Sections 1, 2 and 3 of this Act take effect
	September 1, 2015. Sections 5 and 6 of this Act take effect
	September 1, 2017.