81(R) HB 3689 - House Committee Report version

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	81R23439 KCR-D

	By: McClendon, Kolkhorst, Isett, Madden	H.B. No. 3689

	Substitute the following for H.B. No. 3689:

	By: McReynolds	C.S.H.B. No. 3689



	A BILL TO BE ENTITLED
	AN ACT
	relating to the functions and continuation of the Texas Youth
	Commission and the Texas Juvenile Probation Commission and to the
	functions of the Office of Independent Ombudsman for the Texas
	Youth Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. JUVENILE JUSTICE POLICY COORDINATING COUNCIL
	SECTION 1.001. Title 1, Human Resources Code, is amended by
	adding Chapter 2 to read as follows:
	CHAPTER 2. JUVENILE JUSTICE POLICY COORDINATING COUNCIL
	SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS
	Sec. 2.001. DEFINITIONS. (a) The definitions provided by
	Sections 61.001 and 141.002 apply to this chapter.
	(b) In this chapter:
	(1) "Council" means the Juvenile Justice Policy
	Coordinating Council.
	(2) "Juvenile justice agency" means:
	(A) the Texas Youth Commission; or
	(B) the Texas Juvenile Probation Commission.
	Sec. 2.002. COMPOSITION OF COUNCIL; PRESIDING OFFICER. (a)
	The council is composed of 18 members.
	(b) The executive head of each of the following agencies, or
	that person's designee, serves as a nonvoting member of the
	council:
	(1) the Texas Education Agency;
	(2) the Health and Human Services Commission;
	(3) the Department of Family and Protective Services;
	(4) the Department of State Health Services;
	(5) the Department of Aging and Disability Services;
	(6) the Texas Workforce Commission; and
	(7) the Texas Department of Criminal Justice.
	(c) The presiding officer of the Texas Juvenile Probation
	Commission and the presiding officer of the board of the Texas Youth
	Commission serve as voting members of the council.
	(d) The governor shall appoint, with the advice and consent
	of the senate, the following nine voting members:
	(1) one juvenile court judge;
	(2) one prosecutor in juvenile court;
	(3) one defense attorney who regularly represents
	children alleged to have engaged in delinquent conduct or conduct
	indicating a need for supervision;
	(4) one chief juvenile probation officer of a juvenile
	probation department;
	(5) one mental health treatment professional;
	(6) one educator, as that term is defined by Section
	5.001, Education Code;
	(7) one member who represents an organization that
	advocates on behalf of juvenile offenders or victims of delinquent
	or criminal conduct;
	(8) one member who is a member of the Texas Juvenile
	Probation Commission and is not the presiding officer of that
	commission; and
	(9) one member who is a member of the board of the
	Texas Youth Commission and is not the presiding officer of that
	board.
	(e) Members appointed under Subsection (d) serve staggered
	six-year terms, with the terms of three members expiring on
	February 1 of each odd-numbered year.
	(f) The governor shall make appointments to the council
	under Subsection (d) without regard to the race, color, disability,
	sex, religion, age, or national origin of the appointees.
	(g) Not later than September 1 of the even-numbered year
	immediately preceding the odd-numbered year in which the term of
	the relevant member appointed under Subsection (d) expires, the
	following entities shall submit to the governor for consideration a
	list of three candidates from their respective fields for
	membership on the council:
	(1) the County Judges and Commissioners Association of
	Texas;
	(2) the Texas District and County Attorneys
	Association;
	(3) the Texas Criminal Defense Lawyers Association;
	(4) the Texas Probation Association--Juvenile
	Discipline and the Juvenile Justice Association of Texas;
	(5) the Texas Council of Community Mental Health and
	Mental Retardation Centers and Mental Health America of Texas; and
	(6) the Texas State Teachers Association.
	(h) The governor shall designate a member of the council as
	the presiding officer of the council to serve in that capacity at
	the pleasure of the governor.
	Sec. 2.003. RESTRICTIONS ON AND QUALIFICATIONS FOR COUNCIL
	MEMBERSHIP. (a) A person may not be a member of the council if the
	person is required to register as a lobbyist under Chapter 305,
	Government Code, because of the person's activities for
	compensation on behalf of a profession related to the operation of a
	juvenile justice agency.
	(b) To be a member of the council, a person must have, as
	appropriate, documented expertise or educational training in the
	person's professional field.
	Sec. 2.004. REIMBURSEMENT. A council member is not
	entitled to compensation for service on the council but is entitled
	to reimbursement for actual and necessary expenses incurred in
	performing official duties as a council member.
	Sec. 2.005. MEETINGS; PUBLIC PARTICIPATION. (a) The
	council shall hold regular quarterly meetings on dates set by the
	council and special meetings at the call of the presiding officer.
	(b) The council shall adopt rules regulating the council's
	proceedings.
	(c) The council shall keep a public record of the council's
	decisions at the council's general office.
	Sec. 2.006. SHARING OF STAFF, EQUIPMENT, AND FACILITIES;
	ALLOCATION OF COSTS. (a) The council shall use the staff,
	equipment, and facilities of juvenile justice agencies to the
	extent necessary to carry out the council's duties.
	(b) An interagency agreement must provide that the cost of
	staff used by the council is to be:
	(1) shared between juvenile justice agencies in
	proportion to each juvenile justice agency's operating budget; and
	(2) included in the amounts described by Subdivision
	(1) in the budget of each juvenile justice agency.
	(c) For purposes of Subsection (b)(1), the operating budget
	of the Texas Juvenile Probation Commission does not include amounts
	distributed by the commission to local juvenile probation
	departments as state aid or grants.
	Sec. 2.007. SUNSET PROVISION. The Juvenile Justice Policy
	Coordinating Council is subject to Chapter 325, Government Code
	(Texas Sunset Act). Unless continued in existence as provided by
	that chapter, the council is abolished September 1, 2021.
	[Sections 2.008-2.050 reserved for expansion]
	SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COUNCIL
	Sec. 2.051. EVALUATION OF JUVENILE JUSTICE AGENCIES;
	RECOMMENDATIONS. The council shall evaluate the operations of
	juvenile justice agencies and make recommendations to those
	agencies concerning any manner in which:
	(1) an agency could improve the provision of services
	to or operations of programs for juveniles who are placed on
	juvenile probation or committed to the Texas Youth Commission; and
	(2) those agencies could improve coordination of
	services provided by or programs operated by those agencies.
	Sec. 2.052. JUVENILE JUSTICE IMPROVEMENT PLAN; ANNUAL
	REPORT. (a) Beginning in 2011, not later than June 1 of each year
	or as soon as possible after that date, the council shall:
	(1) review, revise, and update the juvenile justice
	improvement plan adopted by the council in the previous fiscal
	year; and
	(2) submit the juvenile justice improvement plan to
	the juvenile justice agencies for review and comment.
	(b) Not later than September 1 of each year or as soon as
	possible after that date, the council:
	(1) may make any changes necessary in the juvenile
	justice improvement plan as a result of receiving review and
	comment from the juvenile justice agencies; and
	(2) shall readopt the juvenile justice improvement
	plan.
	(c) In reviewing, revising, updating, and adopting the
	juvenile justice improvement plan under Subsection (a), the council
	shall have the following goals:
	(1) to the maximum extent possible, reserving
	facilities operated by or under contract with the state for higher
	risk juveniles;
	(2) increasing reliance on alternatives to secure
	placement, except when secure placement is necessary to address
	adequately a juvenile offender's treatment needs or prevent the
	juvenile offender from reoffending;
	(3) serving juveniles in settings that are as close to
	the juveniles' homes as possible;
	(4) using facility and program designs proven to be
	most effective in rehabilitating juveniles;
	(5) locating facilities as geographically as close as
	possible to necessary workforce and other services; and
	(6) developing county centers or consortiums that
	enhance county collaboration.
	(d) The council shall prepare an annual implementation
	report to the governor, the lieutenant governor, the speaker of the
	house of representatives, and the Criminal Justice Legislative
	Oversight Committee concerning:
	(1) the progress of each juvenile justice agency in
	implementing the juvenile justice improvement plan; and
	(2) using the comprehensive system under Section 2.106
	to measure performance incorporated into the juvenile justice
	improvement plan and the overall performance of each juvenile
	justice agency and the juvenile justice system in this state.
	(e) The council shall submit the annual implementation
	report described by Subsection (d) in December of each year for the
	period of September 1 of the previous year through August 31 of the
	year in which the report is submitted.
	[Sections 2.053-2.100 reserved for expansion]
	SUBCHAPTER C. JUVENILE JUSTICE IMPROVEMENT PLAN
	Sec. 2.101. DEFINITIONS. In this subchapter, "plan" means
	the comprehensive juvenile justice improvement plan developed by
	the council under Section 2.102(a).
	Sec. 2.102. DEVELOPMENT OF PLAN. (a) Not later than June
	1, 2010, and every fifth year after that date, the council shall:
	(1) develop a comprehensive juvenile justice
	improvement plan for the five fiscal years that follow that date,
	the first of which begins on the September 1 immediately following
	that date; and
	(2) deliver a copy of the plan to and accept comments
	and review of the plan from:
	(A) the governor;
	(B) the lieutenant governor;
	(C) the speaker of the house of representatives;
	(D) the Criminal Justice Legislative Oversight
	Committee; and
	(E) the juvenile justice agencies.
	(b) The committee is not obligated to make, but may make,
	changes to the plan as a result of receiving review and comments
	under Subsection (a)(2).
	(c) Not later than September 1, 2010, and every fifth year
	after that date, or as soon as possible after that date, the council
	shall adopt the plan.
	Sec. 2.103. PLAN COMPONENT: JUVENILE JUSTICE FACILITIES.
	(a) The comprehensive juvenile justice improvement plan must
	include a master plan for the operation of secure correctional
	facilities by the Texas Youth Commission. The council shall
	evaluate state and county infrastructure to determine the number of
	beds needed in secure correctional facilities.
	(b) The master plan developed under Subsection (a), taking
	into consideration the timing and cost of relocating or closing any
	facilities operated on September 1, 2009, by the Texas Youth
	Commission, must identify:
	(1) which facilities, if any, operated by the Texas
	Youth Commission should be closed; and
	(2) which areas of the state, if any, lack a sufficient
	number of locally operated secure or nonsecure correctional
	facilities.
	(c) The council shall develop the master plan to achieve the
	following goals:
	(1) to the maximum extent possible, reserving
	facilities operated by or under contract with the state for higher
	risk juveniles;
	(2) increasing reliance on alternatives to secure
	placement, except when secure placement is necessary to address
	adequately a juvenile offender's treatment needs or prevent the
	juvenile offender from reoffending;
	(3) serving juveniles in settings that are as close to
	the juveniles' homes as possible;
	(4) using facility and program designs proven to be
	most effective in rehabilitating juveniles;
	(5) locating facilities as geographically close as
	possible to necessary workforce and other services; and
	(6) developing county centers or consortiums that
	enhance county collaboration.
	Sec. 2.104. PLAN COMPONENT: DATA SHARING. The
	comprehensive juvenile justice improvement plan must include a
	specific process and procedures for:
	(1) developing common data systems among:
	(A) the Texas Youth Commission;
	(B) the Texas Juvenile Probation Commission;
	(C) local probation departments; and
	(D) other agencies of this state that serve
	youth, including the Department of Family and Protective Services,
	the Department of State Health Services, the Health and Human
	Services Commission, and the Texas Education Agency; and
	(2) to the maximum extent allowed by state and federal
	law, improving access to educational and mental health records for
	juveniles who are placed on probation or committed to the custody of
	the state.
	Sec. 2.105. PLAN COMPONENT: PROGRAMS, SERVICES, AND
	REENTRY PLANNING. The comprehensive juvenile justice improvement
	plan must include a specific process and procedures and, if
	appropriate, a policy for:
	(1) routinely assessing the risk and needs of
	juveniles in this state who are placed on juvenile probation or
	committed to the custody of the state;
	(2) developing or improving validated risks and needs
	assessments and policies to assess juveniles at crucial points in
	the juvenile justice system, including:
	(A) before adjudication of a juvenile's case;
	(B) on commitment of a juvenile to the custody of
	the state; and
	(C) at release from a correctional facility or on
	the termination of control by the state;
	(3) ensuring that a juvenile's minimum length of stay
	and placement in a particular facility directly address the
	identified needs of the juvenile;
	(4) establishing timelines to identify and implement
	state and local programs for community supervision, local
	placement, and state commitment that have proven to be effective;
	(5) providing training concerning the programs
	described by Subdivision (4) to state and local personnel;
	(6) improving reentry into the community for juveniles
	exiting the juvenile justice system at the state or local level;
	(7) increasing the use of the Texas Correctional
	Office on Offenders with Medical or Mental Impairments, community
	resource coordination groups, and other community resources for
	juveniles on parole or probation; and
	(8) ensuring that juveniles exiting state commitment
	or extended probation placements have the appropriate personal
	identification and service referrals to ensure the delivery of
	essential services, including mental health treatment, to them
	without delay on their return to the community.
	Sec. 2.106. PLAN COMPONENT: PERFORMANCE MEASUREMENT. (a)
	The comprehensive juvenile justice improvement plan must include
	the development of a comprehensive system to measure the
	performance of the entire juvenile justice system in this state.
	The system must include performance measures that show the costs of
	different levels of supervision and treatment to enable
	identification of the most cost-effective programs.
	(b) The council shall consult with the Legislative Budget
	Board and the budget, planning, and policy division of the
	governor's office in developing the comprehensive system to measure
	performance under Subsection (a).
	ARTICLE 2. TEXAS YOUTH COMMISSION
	SECTION 2.001. The heading to Chapter 61, Human Resources
	Code, is amended to read as follows:
	CHAPTER 61. TEXAS YOUTH COMMISSION [~~COUNCIL~~]
	SECTION 2.002. Section 61.001, Human Resources Code, is
	amended by adding Subdivision (3) to read as follows:
	(3) "Board" means the board of the commission
	appointed under Section 61.024.
	SECTION 2.003. Section 61.020, Human Resources Code, is
	amended to read as follows:
	Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth
	Commission is subject to Chapter 325, Government Code (Texas Sunset
	Act). Unless continued in existence as provided by that chapter,
	the commission is abolished and this chapter expires September 1,
	2011 [~~2009~~].
	(b) In the review of the commission by the Sunset Advisory
	Commission, as required by this section, the sunset commission
	shall limit its review to the commission's compliance with Chapter
	263 (S.B. 103), Acts of the 80th Legislature, Regular Session,
	2007. In its report to the 82nd Legislature, the sunset commission
	may include any recommendations it considers appropriate. This
	subsection expires September 1, 2011.
	SECTION 2.004. Section 61.024(a), Human Resources Code, is
	amended to read as follows:
	(a) Notwithstanding any other provision of this chapter,
	effective September 1, 2009, the commission is governed by a board
	that consists of seven members appointed by the governor with the
	advice and consent of the senate. Appointments to the board shall
	be made without regard to the race, color, disability, sex,
	religion, age, or national origin of the appointees. The governor
	shall designate a member of the board as the presiding officer of
	the board to serve in that capacity at the pleasure of the governor.
	SECTION 2.005. Subchapter B, Chapter 61, Human Resources
	Code, is amended by adding Sections 61.025 through 61.029 to read as
	follows:
	Sec. 61.025. RESTRICTIONS ON BOARD MEMBERSHIP AND
	EMPLOYMENT. (a) A person may not be a member of the board or
	employed by the board as the executive director if the person or the
	person's spouse:
	(1) is registered, certified, or licensed by a
	regulatory agency in the field of criminal or juvenile justice;
	(2) is employed by or participates in the management
	of a business entity or other organization regulated by or
	receiving money from the commission;
	(3) owns or controls, directly or indirectly, more
	than a 10 percent interest in a business entity or other
	organization regulated by or receiving money from the commission;
	or
	(4) uses or receives a substantial amount of tangible
	goods, services, or money from the commission, other than
	compensation or reimbursement authorized by law for board
	membership, attendance, or expenses.
	(b) A person may not be a board member and may not be a
	commission employee who is employed in a "bona fide executive,
	administrative, or professional capacity," as that phrase is used
	for purposes of establishing an exemption to the overtime
	provisions of the federal Fair Labor Standards Act of 1938 (29
	U.S.C. Section 201 et seq.), if:
	(1) the person is an officer, employee, or paid
	consultant of a Texas trade association in the field of criminal or
	juvenile justice; or
	(2) the person's spouse is an officer, manager, or paid
	consultant of a Texas trade association in the field of criminal or
	juvenile justice.
	(c) A person may not be a member of the board or act as the
	general counsel to the board or the commission if the person is
	required to register as a lobbyist under Chapter 305, Government
	Code, because of the person's activities for compensation on behalf
	of a profession related to the operation of the commission.
	(d) In this section, "Texas trade association" means a
	cooperative and voluntarily joined statewide association of
	business or professional competitors in this state designed to
	assist its members and its industry or profession in dealing with
	mutual business or professional problems and in promoting their
	common interest.
	Sec. 61.026. REMOVAL OF BOARD MEMBERS. (a) It is a ground
	for removal from the board that a member:
	(1) does not have at the time of taking office the
	qualifications required by Section 61.024(b);
	(2) does not maintain during service on the board the
	qualifications required by Section 61.024(b);
	(3) is ineligible for membership under Section 61.025;
	(4) cannot, because of illness or disability,
	discharge the member's duties for a substantial part of the member's
	term; or
	(5) is absent from more than half of the regularly
	scheduled board meetings that the member is eligible to attend
	during a calendar year without an excuse approved by a majority vote
	of the board.
	(b) The validity of an action of the board is not affected by
	the fact that it is taken when a ground for removal of a board member
	exists.
	(c) If the executive director has knowledge that a potential
	ground for removal exists, the executive director shall notify the
	presiding officer of the board of the potential ground. The
	presiding officer shall then notify the governor and the attorney
	general that a potential ground for removal exists. If the
	potential ground for removal involves the presiding officer, the
	executive director shall notify the next highest ranking officer of
	the board, who shall then notify the governor and the attorney
	general that a potential ground for removal exists.
	Sec. 61.027. TRAINING FOR BOARD MEMBERS. (a) A person who
	is appointed to and qualifies for office as a member of the board
	may not vote, deliberate, or be counted as a member in attendance at
	a meeting of the board until the person completes a training program
	that complies with this section.
	(b) The training program must provide the person with
	information regarding:
	(1) the legislation that created the commission;
	(2) the programs, functions, rules, and budget of the
	commission;
	(3) the results of the most recent formal audit of the
	commission;
	(4) the requirements of laws relating to open
	meetings, public information, administrative procedure, and
	conflicts of interest; and
	(5) any applicable ethics policies adopted by the
	commission or the Texas Ethics Commission.
	(c) A person appointed to the board is entitled to
	reimbursement, as provided by the General Appropriations Act, for
	the travel expenses incurred in attending the training program
	regardless of whether the attendance at the program occurs before
	or after the person qualifies for office.
	Sec. 61.028. USE OF TECHNOLOGY. The board shall implement a
	policy requiring the commission to use appropriate technological
	solutions to improve the commission's ability to perform its
	functions. The policy must ensure that the public is able to
	interact with the commission on the Internet.
	Sec. 61.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
	RESOLUTION. (a) The board shall develop and implement a policy to
	encourage the use of:
	(1) negotiated rulemaking procedures under Chapter
	2008, Government Code, for the adoption of commission rules; and
	(2) appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, to assist in the
	resolution of internal and external disputes under the commission's
	jurisdiction.
	(b) The commission's procedures relating to alternative
	dispute resolution must conform, to the extent possible, to any
	model guidelines issued by the State Office of Administrative
	Hearings for the use of alternative dispute resolution by state
	agencies.
	(c) The board shall designate a trained person to:
	(1) coordinate the implementation of the policy
	adopted under Subsection (a);
	(2) serve as a resource for any training needed to
	implement the procedures for negotiated rulemaking or alternative
	dispute resolution; and
	(3) collect data concerning the effectiveness of those
	procedures, as implemented by the commission.
	SECTION 2.006. Section 61.0352, Human Resources Code, is
	amended to read as follows:
	Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board
	[~~executive commissioner~~] shall develop and implement policies that
	clearly separate the policymaking responsibilities of the board
	[~~executive commissioner~~] and the management responsibilities of
	the staff of the commission.
	SECTION 2.007. Section 61.0422, Human Resources Code, is
	amended to read as follows:
	Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
	commission shall maintain a system to promptly and efficiently act
	on a [~~keep a file about each written~~] complaint filed with the
	commission by a person, other than a child receiving services from
	the commission or the child's parent or guardian, that the
	commission has authority to resolve. The commission shall maintain
	information about parties to the complaint, the subject matter of
	the complaint, a summary of the results of the review or
	investigation of the complaint, and the disposition of the
	complaint.
	(b) The commission shall make information available
	describing the commission's [~~provide to the person filing the~~
	~~complaint and the persons or entities complained about the~~
	~~commission's policies and~~] procedures for [~~pertaining to~~]
	complaint investigation and resolution.
	(c) The commission[~~, at least quarterly and until final~~
	~~disposition of the complaint,~~] shall periodically notify the
	[~~person filing the~~] complaint parties [~~and the persons or entities~~
	~~complained about~~] of the status of the complaint until final
	disposition, unless the notice would jeopardize an undercover
	investigation.
	(d) [~~(b)~~ ~~The commission shall keep information about each~~
	~~file required by Subsection (a). The information must include:~~
	[~~(1) the date the complaint is received;~~
	[~~(2) the name of the complainant;~~
	[~~(3) the subject matter of the complaint;~~
	[~~(4)~~ ~~a record of all persons contacted in relation to~~
	~~the complaint;~~
	[~~(5)~~ ~~a summary of the results of the review or~~
	~~investigation of the complaint; and~~
	[~~(6)~~ ~~for complaints for which the commission took no~~
	~~action, an explanation of the reason the complaint was closed~~
	~~without action.~~
	[~~(c)~~] The commission shall keep information about each
	written complaint filed with the commission by a child receiving
	services from the commission or the child's parent or guardian. The
	information must include:
	(1) the subject matter of the complaint;
	(2) a summary of the results of the review or
	investigation of the complaint; and
	(3) the period of time between the date the complaint
	is received and the date the complaint is closed.
	SECTION 2.008. Section 61.0423, Human Resources Code, is
	amended to read as follows:
	Sec. 61.0423. PUBLIC HEARINGS. (a) The board [~~executive~~
	~~commissioner~~] shall develop and implement policies that provide the
	public with a reasonable opportunity to appear before the board
	[~~executive commissioner or the executive commissioner's designee~~]
	and to speak on any issue under the jurisdiction of the commission.
	(b) The board [~~executive commissioner~~] shall ensure that
	the location of public hearings held in accordance with this
	section is rotated between municipalities in which a commission
	facility is located or that are in proximity to a commission
	facility.
	SECTION 2.009. Subchapter D, Chapter 61, Human Resources
	Code, is amended by adding Section 61.067 to read as follows:
	Sec. 61.067. INFORMATION PROVIDED TO COMMITTING COURT. (a)
	If a court that commits a child to the commission requests, in the
	commitment order, that the commission keep the court informed of
	the progress the child is making while committed to the commission,
	the commission shall provide the court with periodic updates on the
	child's progress.
	(b) A report provided under Subsection (a) may include any
	information the commission determines to be relevant in evaluating
	the child's progress, including, as applicable, information
	concerning the child's treatment, education, and health.
	(c) A report provided under this section may not include
	information that is protected from disclosure under state or
	federal law.
	SECTION 2.010. Subchapter F, Chapter 61, Human Resources
	Code, is amended by adding Section 61.08131 to read as follows:
	Sec. 61.08131. COMPREHENSIVE REENTRY AND REINTEGRATION
	PLAN FOR CHILDREN; STUDY AND REPORT. (a) The commission shall
	develop a comprehensive plan to reduce recidivism and ensure the
	successful reentry and reintegration of children into the community
	following a child's release under supervision or final discharge,
	as applicable, from the commission.
	(b) The comprehensive reentry and reintegration plan
	developed under this section must provide for:
	(1) an assessment of each child committed to the
	commission to determine which skills the child needs to develop to
	be successful in the community following release under supervision
	or final discharge;
	(2) programs that address the assessed needs of each
	child;
	(3) a comprehensive network of transition programs to
	address the needs of children released under supervision or finally
	discharged from the commission;
	(4) the identification of providers of existing local
	programs and transitional services with whom the commission may
	contract under this section to implement the reentry and
	reintegration plan; and
	(5) subject to Subsection (c), the sharing of
	information between local coordinators, persons with whom the
	commission contracts under this section, and other providers of
	services as necessary to adequately assess and address the needs of
	each child.
	(c) A child's personal health information may be disclosed
	under Subsection (b)(5) only in the manner authorized by Section
	61.0731 or other state or federal law, provided that the disclosure
	does not violate the Health Insurance Portability and
	Accountability Act of 1996 (29 U.S.C. Section 1181 et seq.).
	(d) The programs provided under Subsections (b)(2) and (3)
	must:
	(1) be implemented by highly skilled staff who are
	experienced in working with reentry and reintegration programs for
	children;
	(2) provide children with:
	(A) individualized case management and a full
	continuum of care;
	(B) life-skills training, including information
	about budgeting, money management, nutrition, and exercise;
	(C) education and, if a child has a learning
	disability, special education;
	(D) employment training;
	(E) appropriate treatment programs, including
	substance abuse and mental health treatment programs; and
	(F) parenting and relationship-building classes;
	and
	(3) be designed to build for children post-release and
	post-discharge support from the community into which the child is
	released under supervision or finally discharged, including
	support from agencies and organizations within that community.
	(e) The commission may contract and coordinate with private
	vendors, units of local government, or other entities to implement
	the comprehensive reentry and reintegration plan developed under
	this section, including contracting to:
	(1) coordinate the supervision and services provided
	to children during the time children are in the custody of the
	commission with any supervision or services provided children who
	have been released under supervision or finally discharged from the
	commission;
	(2) provide children awaiting release under
	supervision or final discharge with documents that are necessary
	after release or discharge, including identification papers,
	medical prescriptions, job training certificates, and referrals to
	services; and
	(3) provide housing and structured programs,
	including programs for recovering substance abusers, through which
	children are provided services immediately following release under
	supervision or final discharge.
	(f) To ensure accountability, any contract entered into
	under this section must contain specific performance measures that
	the commission shall use to evaluate compliance with the terms of
	the contract.
	(g) The commission shall ensure that each reentry and
	reintegration plan developed for a child under Section 61.0814 is
	coordinated with the comprehensive reentry and reintegration plan
	developed under this section.
	(h) The commission shall conduct and coordinate research to
	determine whether the comprehensive reentry and reintegration plan
	developed under this section reduces recidivism rates.
	(i) Not later than December 1 of each even-numbered year,
	the commission 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, and the
	standing committees of each house of the legislature with primary
	jurisdiction over juvenile justice and corrections.
	SECTION 2.011. Subchapter F, Chapter 61, Human Resources
	Code, is amended by adding Section 61.08141 to read as follows:
	Sec. 61.08141. INFORMATION PROVIDED TO COURT BEFORE
	RELEASE. (a) In addition to providing the court with notice of
	release of a child under Section 61.081(e), as soon as possible but
	not later than the 30th day before the date the commission releases
	the child, the commission shall provide the court that committed
	the child to the commission:
	(1) a copy of the child's reentry and reintegration
	plan developed under Section 61.0814; and
	(2) a report concerning the progress the child has
	made while committed to the commission.
	(b) If, on release, the commission places a child in a
	county other than the county served by the court that committed the
	child to the commission, the commission shall provide the
	information described by Subsection (a) to both the committing
	court and the juvenile court in the county where the child is placed
	after release.
	(c) If, on release, a child's residence is located in
	another state, the commission shall provide the information
	described by Subsection (a) to both the committing court and a
	juvenile court of the other state that has jurisdiction over the
	area in which the child's residence is located.
	SECTION 2.012. Section 61.098(b), Human Resources Code, is
	amended to read as follows:
	(b) As appropriate, the district attorney, criminal
	district attorney, or county attorney representing the state in
	criminal matters before the district or inferior courts of the
	county who would otherwise represent the state in the prosecution
	of an offense or delinquent conduct concerning the commission and
	described by Article 104.003(a), Code of Criminal Procedure, may
	request that the special prosecution unit prosecute, or assist in
	the prosecution of, the offense or delinquent conduct.
	ARTICLE 3. OFFICE OF INDEPENDENT OMBUDSMAN FOR THE TEXAS YOUTH
	COMMISSION
	SECTION 3.001. Section 64.054, Human Resources Code, is
	amended to read as follows:
	Sec. 64.054. SUNSET PROVISION. The office is subject to
	review under Chapter 325, Government Code (Texas Sunset Act), but
	is not abolished under that chapter. The office shall be reviewed
	during the periods in which the Texas Youth Commission is [~~state~~
	~~agencies abolished in 2009 and every 12th year after 2009 are~~]
	reviewed.
	SECTION 3.002. Section 64.058, Human Resources Code, is
	amended to read as follows:
	Sec. 64.058. RULEMAKING AUTHORITY. (a) The office by
	rule shall establish policies and procedures for the operations of
	the office of independent ombudsman.
	(b) The office and the commission shall adopt rules
	necessary to implement Section 64.060, including rules that:
	(1) identify which reports of the office are subject
	to review and comment by the commission before publication; and
	(2) establish procedures for the commission to review
	and comment on the reports, including procedures for the commission
	to expedite or eliminate review of and comment on a report due to an
	emergency or a serious or flagrant circumstance described by
	Section 64.055(b).
	SECTION 3.003. Subchapter B, Chapter 64, Human Resources
	Code, is amended by adding Sections 64.060 and 64.061 to read as
	follows:
	Sec. 64.060. REVIEW AND FORMAT OF REPORTS. (a) The office
	shall accept, both before and after publication, comments from the
	commission concerning the following types of reports published by
	the office under this chapter:
	(1) the office's quarterly report under Section
	64.055(a);
	(2) reports concerning serious or flagrant
	circumstances under Section 64.055(b); and
	(3) any other formal reports containing findings and
	making recommendations concerning systemic issues that affect the
	commission.
	(b) The commission may not submit comments under Subsection
	(a) after the 30th day after the date the report on which the
	commission is commenting is published.
	(c) The office shall ensure that reports described by
	Subsection (a) are in a format to which the commission can easily
	respond.
	(d) After receipt of comments under this section, the office
	is not obligated to change any report or change the manner in which
	the office performs the duties of the office.
	Sec. 64.061. COMPLAINTS. (a) The office shall maintain a
	system to promptly and efficiently act on complaints filed with the
	office that relate to the operations or staff of the office. The
	office shall maintain information about parties to the complaint,
	the subject matter of the complaint, a summary of the results of the
	review or investigation of the complaint, and the disposition of
	the complaint.
	(b) The office shall make information available describing
	its procedures for complaint investigation and resolution.
	(c) The office shall periodically notify the complaint
	parties of the status of the complaint until final disposition.
	SECTION 3.004. Subchapter C, Chapter 64, Human Resources
	Code, is amended by adding Section 64.104 to read as follows:
	Sec. 64.104. MEMORANDUM OF UNDERSTANDING. (a) The office
	and the commission shall enter into a memorandum of understanding
	concerning:
	(1) the most efficient manner in which to share
	information with one another; and
	(2) the procedures for handling overlapping
	monitoring duties and activities performed by the office and the
	commission.
	(b) The memorandum of understanding entered into under
	Subsection (a), at a minimum, must:
	(1) address the interaction of the office with that
	portion of the commission that conducts an internal audit under
	Section 61.0331;
	(2) address communication between the office and the
	commission concerning individual situations involving children
	committed to the commission and how those situations will be
	documented and handled;
	(3) contain guidelines on the office's role in
	relevant working groups and policy development decisions at the
	commission;
	(4) ensure opportunities for sharing information
	between the office and the commission for the purposes of assuring
	quality and improving programming within the commission; and
	(5) recognize the independence of the office and the
	office's right to withhold confidential information from the
	commission.
	ARTICLE 4. TEXAS JUVENILE PROBATION COMMISSION
	SECTION 4.001. Section 141.011(a), Human Resources Code, is
	amended to read as follows:
	(a) The commission consists of:
	(1) two district court judges;
	(2) two county judges or commissioners; [~~and~~]
	(3) one prosecutor in juvenile court;
	(4) one defense attorney certified by the Juvenile Law
	Section of the State Bar of Texas;
	(5) one member who represents an organization that
	advocates on behalf of juvenile offenders or victims of delinquent
	or criminal conduct; and
	(6) two [~~five~~] members of the public who are not
	employees in the criminal or juvenile justice system.
	SECTION 4.002. Section 141.012, Human Resources Code, is
	amended to read as follows:
	Sec. 141.012. SUNSET PROVISION. The Texas Juvenile
	Probation Commission is subject to Chapter 325, Government Code
	(Texas Sunset Act). Unless continued in existence as provided by
	that chapter, the commission is abolished and this chapter expires
	September 1, 2021 [~~2009~~].
	SECTION 4.003. Section 141.014, Human Resources Code, is
	amended to read as follows:
	Sec. 141.014. RESTRICTIONS ON COMMISSION APPOINTMENT,
	MEMBERSHIP, AND EMPLOYMENT. (a) A person may not be [~~is not~~
	~~eligible for appointment or service as~~] a public member of the
	commission if the person or the person's spouse:
	(1) owns or controls, directly or indirectly, more
	than a 10 percent interest in a business entity or other
	organization regulated by or receiving money from the commission
	[~~or receiving funds from the commission~~]; [or]
	(2) uses or receives a substantial amount of tangible
	goods, services, or funds from the commission, other than
	compensation or reimbursement authorized by law for commission
	membership, attendance, or expenses;
	(3) is registered, certified, or licensed by a
	regulatory agency in the field of criminal or juvenile justice; or
	(4) is employed by or participates in the management
	of a business entity or other organization regulated by or
	receiving money from the commission.
	(b) A person may not be a member of the commission and may
	not be a commission employee employed in a "bona fide executive,
	administrative, or professional capacity," as that phrase is used
	for purposes of establishing an exemption to the overtime
	provisions of the federal Fair Labor Standards Act of 1938 (29
	U.S.C. Section 201 et seq.) if:
	(1) the person is an officer, employee, or paid
	consultant of a Texas trade association in the field of criminal or
	juvenile justice; or
	(2) the person's spouse is an officer, manager, or paid
	consultant of a Texas trade association in the field of criminal or
	juvenile justice [~~An officer, employee, or paid consultant of a~~
	~~trade association in the field of criminal or juvenile justice may~~
	~~not be a member or employee of the commission~~].
	(c) [~~A person who is the spouse of an officer, employee, or~~
	~~paid consultant of a trade association in the field of criminal or~~
	~~juvenile justice may not be a commission member or a commission~~
	~~employee, including exempt employees, compensated at grade 17 or~~
	~~over according to the position classification schedule under the~~
	~~General Appropriations Act.~~
	[~~(d)~~] A person may not serve as a member of the commission or
	act as the general counsel to the commission if the person is
	required to register as a lobbyist under Chapter 305, Government
	Code, because of the person's activities for compensation in or on
	behalf of a profession related to the operation of the commission.
	(d) [~~(e)~~] In this section, "Texas trade association" means
	a [~~nonprofit,~~] cooperative and [,] voluntarily joined statewide
	association of business or professional competitors in this state
	designed to assist its members and its industry or profession in
	dealing with mutual or professional problems and in promoting their
	common interest.
	SECTION 4.004. Section 141.0145, Human Resources Code, is
	amended to read as follows:
	Sec. 141.0145. TRAINING FOR COMMISSION MEMBERS. (a) A [To
	~~be eligible to take office as a member of the commission, a~~] person
	who is appointed to and qualifies for office as a member of the
	commission may not vote, deliberate, or be counted as a member in
	attendance at a meeting of the commission until the person
	completes [~~must complete at least one course of~~] a training program
	that complies with this section.
	(b) The training program must provide information to the
	person regarding:
	(1) the [~~enabling~~] legislation that created the
	commission [~~and its policymaking body to which the person is~~
	~~appointed to serve~~];
	(2) the programs operated by the commission;
	(3) the roles [~~role~~] and functions of the commission;
	(4) [~~the rules of the commission with an emphasis on~~
	~~the rules that relate to disciplinary and investigatory authority;~~
	[~~(5)~~] the [~~current~~] budget of [~~for~~] the commission;
	(5) [~~(6)~~] the results of the most recent formal audit
	of the commission;
	(6) [~~(7)~~] the requirements of law relating to open
	meetings, public information, administrative procedure, and
	conflicts of interest [~~the:~~
	[~~(A)~~ ~~open meetings law, Chapter 551, Government~~
	~~Code;~~
	[~~(B)~~ ~~open records law, Chapter 552, Government~~
	~~Code; and~~
	[~~(C)~~ ~~administrative procedure law, Chapter 2001,~~
	~~Government Code~~]; and
	(7) [~~(8)~~ ~~the requirements of the conflict of~~
	~~interests laws and other laws relating to public officials; and~~
	[~~(9)~~] any applicable ethics policies adopted by the
	commission or the Texas Ethics Commission.
	(c) A person appointed to the commission is entitled to
	reimbursement, as provided in the General Appropriations Act, for
	travel expenses incurred in attending the training program,
	regardless of whether the attendance at the program occurs before
	or after the person qualifies for office [~~as provided by the General~~
	~~Appropriations Act and as if the person were a member of the~~
	~~commission~~].
	SECTION 4.005. Sections 141.017(a) and (c), Human Resources
	Code, are amended to read as follows:
	(a) It is a ground for removal from the commission if a
	member:
	(1) does not have at the time of taking office
	[~~appointment~~] the qualifications required by Section 141.011;
	(2) does not maintain during service on the commission
	the qualifications required by Section 141.011 [~~is not eligible for~~
	~~appointment to or service on the commission as provided by Section~~
	~~141.014(a)~~];
	(3) is ineligible for membership under Section 141.014
	[~~violates a prohibition established by Section 141.014(b), (c), or~~
	~~(d)~~];
	(4) cannot, because of illness or disability,
	discharge the member's duties for a substantial part of the term for
	which the member is appointed [~~because of illness or disability~~];
	or
	(5) is absent from more than half of the regularly
	scheduled commission meetings that the member is eligible to attend
	during a calendar year unless the absence is excused by majority
	vote of the commission.
	(c) If the director has knowledge that a potential ground
	for removal exists, the director shall notify the presiding officer
	[~~chairman~~] of the commission of the potential ground. The
	presiding officer [~~chairman~~] shall then notify the governor and the
	attorney general that a potential ground for removal exists. If the
	potential ground for removal involves the presiding officer
	[~~chairman~~], the director shall notify the next highest officer of
	the commission, who shall notify the governor and the attorney
	general that a potential ground for removal exists.
	SECTION 4.006. Section 141.022(a), Human Resources Code, is
	amended to read as follows:
	(a) The advisory council on juvenile services consists of
	the following chief juvenile probation officers appointed by the
	commission:
	(1) three chief [~~two~~] juvenile probation officers of
	juvenile probation departments serving counties with populations
	of less than 10,000 [~~court judges, appointed by the commission~~];
	(2) four chief [~~three~~] juvenile probation officers of
	juvenile probation departments serving counties with populations
	of 10,000 or more but less than 50,001 [~~, appointed by the~~
	~~commission~~];
	(3) three chief juvenile probation officers of
	juvenile probation departments serving counties with populations
	of 50,001 or more but less than 200,001 [~~two citizens who are~~
	~~knowledgeable of juvenile services, appointed by the commission~~];
	and
	(4) three chief juvenile probation officers of
	juvenile probation departments serving counties with populations
	of 200,001 or more [~~the executive commissioner of the Texas Youth~~
	~~Commission or the commissioner's designee;~~
	[~~(5)~~ ~~the commissioner of education or the~~
	~~commissioner's designee; and~~
	[~~(6)~~ ~~the commissioner of human services or the~~
	~~commissioner's designee~~].
	SECTION 4.007. Subchapter B, Chapter 141, Human Resources
	Code, is amended by adding Sections 141.027 through 141.029 to read
	as follows:
	Sec. 141.027. COMPLAINTS. (a) The commission shall
	maintain a system to promptly and efficiently act on complaints
	filed with the commission, other than complaints received under
	Section 141.049. The commission shall maintain information about
	parties to the complaint, the subject matter of the complaint, a
	summary of the results of the review or investigation of the
	complaint, and its disposition.
	(b) The commission shall make information available
	describing its procedures for complaint investigation and
	resolution.
	(c) The commission shall periodically notify the complaint
	parties of the status of the complaint until final disposition.
	Sec. 141.028. USE OF TECHNOLOGY. The commission shall
	implement a policy requiring the commission to use appropriate
	technological solutions to improve the commission's ability to
	perform its functions. The policy must ensure that the public is
	able to interact with the commission on the Internet.
	Sec. 141.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
	RESOLUTION. (a) The commission shall develop and implement a
	policy to encourage the use of:
	(1) negotiated rulemaking procedures under Chapter
	2008, Government Code, for the adoption of commission rules; and
	(2) appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, to assist in the
	resolution of internal and external disputes under the commission's
	jurisdiction.
	(b) The commission's procedures relating to alternative
	dispute resolution must conform, to the extent possible, to any
	model guidelines issued by the State Office of Administrative
	Hearings for the use of alternative dispute resolution by state
	agencies.
	(c) The commission shall designate a trained person to:
	(1) coordinate the implementation of the policy
	adopted under Subsection (a);
	(2) serve as a resource for any training needed to
	implement the procedures for negotiated rulemaking or alternative
	dispute resolution; and
	(3) collect data concerning the effectiveness of those
	procedures, as implemented by the commission.
	SECTION 4.008. Section 141.042, Human Resources Code, is
	amended by amending Subsection (a) and adding Subsection (d) to
	read as follows:
	(a) The commission shall adopt reasonable rules that
	provide:
	(1) minimum standards for personnel, staffing, case
	loads, programs, facilities, record keeping, equipment, and other
	aspects of the operation of a juvenile board that are necessary to
	provide adequate and effective probation services;
	(2) a code of ethics for probation and detention
	officers and for the enforcement of that code;
	(3) appropriate educational, preservice and
	in-service training, and certification standards for probation and
	detention officers or court-supervised community-based program
	personnel;
	(4) subject to Subsection (d), minimum standards for
	public and private juvenile pre-adjudication secure detention
	facilities, public juvenile post-adjudication secure correctional
	facilities that are operated under the authority of a juvenile
	board or governmental unit, [~~and~~] private juvenile
	post-adjudication secure correctional facilities operated under a
	contract with a governmental unit, except those facilities exempt
	from certification by Section 42.052(g), and nonsecure
	correctional facilities operated by or under contract with a
	governmental unit; and
	(5) minimum standards for juvenile justice
	alternative education programs created under Section 37.011,
	Education Code, in collaboration and conjunction with the Texas
	Education Agency, or its designee.
	(d) In adopting rules under Subsection (a)(4), the
	commission shall ensure that the minimum standards for facilities
	described by Subsection (a)(4) are designed to ensure that
	juveniles confined in those facilities are provided the rights,
	benefits, responsibilities, and privileges to which a juvenile is
	entitled under the United States Constitution, federal law, and the
	constitution and laws of this state. The minimum standards must
	include a humane physical and psychological environment, safe
	conditions of confinement, protection from harm, adequate
	rehabilitation and education, adequate medical and mental health
	treatment, and due process of law.
	SECTION 4.009. Section 141.0471, Human Resources Code, is
	amended by amending Subsection (a) and adding Subsection (b-1) to
	read as follows:
	(a) The commission and the Texas Youth Commission shall
	biennially develop a coordinated strategic plan which shall guide,
	but not substitute for, the strategic plans developed individually
	by the agencies or the juvenile justice improvement plan adopted by
	the Juvenile Justice Policy Coordinating Council under Chapter 2.
	(b-1) In addition to the information described by
	Subsection (b), the plan must include specific processes and
	procedures for routinely communicating juvenile justice system
	information between the agencies and determining opportunities to
	coordinate practices for improving outcomes for youth.
	SECTION 4.010. Section 141.049, Human Resources Code, is
	amended to read as follows:
	Sec. 141.049. COMPLAINTS RELATING TO JUVENILE BOARDS. (a)
	The commission shall maintain a system to promptly and efficiently
	act on a [~~keep an information file about each~~] complaint filed with
	the commission relating to a juvenile board funded by the
	commission. The commission shall maintain information about
	parties to the complaint, a summary of the results of the review or
	investigation of the complaint, and the disposition of the
	complaint.
	(b) The commission shall make information available
	describing the commission's procedures for the investigation and
	resolution of a complaint filed with the commission relating to a
	juvenile board funded by the commission.
	(c) [~~The commission shall investigate the allegations in~~
	~~the complaint and make a determination of whether there has been a~~
	~~violation of the commission's rules relating to juvenile probation~~
	~~programs, services, or facilities.~~
	[~~(b)~~] If a written complaint is filed with the commission
	relating to a juvenile board funded by the commission, the
	commission[~~, at least quarterly and until final disposition of the~~
	~~complaint,~~] shall periodically notify the complainant and the
	juvenile board of the status of the complaint until final
	disposition, unless notice would jeopardize an undercover
	investigation.
	SECTION 4.011. Section 141.050, Human Resources Code, is
	amended by adding Subsection (c) to read as follows:
	(c) The commission shall consider the past performance of a
	juvenile board when contracting with the juvenile board for local
	probation services other than basic probation services. In
	addition to the contract standards described by Subsection (a), a
	contract with a juvenile board for probation services other than
	basic probation services must:
	(1) include specific performance targets for the
	juvenile board based on the juvenile board's historic performance
	of the services; and
	(2) require a juvenile board to report on the juvenile
	board's success in meeting the performance targets described by
	Subdivision (1).
	SECTION 4.012. Subchapter C, Chapter 141, Human Resources
	Code, is amended by adding Sections 141.057 and 141.058 to read as
	follows:
	Sec. 141.057. DATA COLLECTION. (a) The commission shall
	collect comprehensive data concerning the outcomes of local
	probation programs throughout the state.
	(b) Data collected under Subsection (a) must include:
	(1) a description of the types of programs and
	services offered by a juvenile probation department, including a
	description of the components of each program or service offered;
	and
	(2) to the extent possible, the rate at which
	juveniles who enter or complete juvenile probation are later
	committed to the custody of the state.
	Sec. 141.058. QUARTERLY REPORT ON ABUSE, NEGLECT, AND
	EXPLOITATION. (a) On January 1, 2010, and quarterly after that
	date, the commission shall prepare and deliver a report to the board
	concerning the final outcome of any complaint received under
	Section 261.405, Family Code, that concerns the abuse, neglect, or
	exploitation of a juvenile. The report must include a summary of
	the actions performed by the commission and any applicable juvenile
	board or juvenile probation department in resolving the complaint.
	(b) A report prepared under Subsection (a) is public
	information under Chapter 552, Government Code, only to the extent
	authorized by that chapter.
	SECTION 4.013. The heading to Subchapter D, Chapter 141,
	Human Resources Code, is amended to read as follows:
	SUBCHAPTER D. PROVISIONS RELATING TO CERTAIN [~~JUVENILE PROBATION~~]
	OFFICERS AND EMPLOYEES
	SECTION 4.014. Section 141.061(a), Human Resources Code, is
	amended 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 commission; 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 commission 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 commission;
	(5) have passed the tests or examinations required by
	the commission; and
	(6) possess the level of certification required by the
	commission.
	SECTION 4.015. Subchapter D, Chapter 141, Human Resources
	Code, is amended by adding Section 141.0612 to read as follows:
	Sec. 141.0612. MINIMUM STANDARDS FOR CERTAIN EMPLOYEES OF
	NONSECURE CORRECTIONAL FACILITIES. (a) The board by rule shall
	adopt certification standards for persons who are employed in
	nonsecure correctional facilities that accept only juveniles who
	are on probation and that are operated by or under contract with a
	governmental unit, as defined by Section 101.001, Civil Practice
	and Remedies Code.
	(b) The certification standards adopted under Subsection
	(a) must be substantially similar to the certification requirements
	for detention officers under Section 141.0611.
	SECTION 4.016. Section 141.064, Human Resources Code, is
	amended to read as follows:
	Sec. 141.064. REVOCATION OR SUSPENSION OF CERTIFICATION.
	(a) The commission may revoke or suspend a certification, or
	reprimand a certified officer:
	(1) [,] for a violation of this chapter or a commission
	rule; or
	(2) if, under Subsection (c), a panel determines that
	continued certification of the person threatens juveniles in the
	juvenile justice system.
	(b) The commission may place on probation a person whose
	certification is suspended. If the suspension is probated, the
	commission may require the person to:
	(1) report regularly to the commission on matters that
	are the basis of the probation; and
	(2) continue or review professional education until
	the person attains a degree of skill satisfactory to the commission
	in those areas that are the basis of the probation.
	(c) The director may convene, in person or telephonically, a
	panel of three commission members to determine if a person's
	continued certification threatens juveniles in the juvenile
	justice system. If the panel determines that the person's
	continued certification threatens juveniles in the juvenile
	justice system, the person's license is temporarily suspended until
	an administrative hearing is held as soon as possible under
	Subsection (d). The director may convene a panel under this
	subsection only if the danger posed by the person's continued
	certification is imminent. The panel may hold a telephonic meeting
	only if immediate action is required and convening the panel at one
	location is inconvenient for any member of the panel.
	(d) A person is entitled to a hearing before the State
	Office of Administrative Hearings [~~commission or a hearings officer~~
	~~appointed by the commission~~] if the commission proposes to suspend
	or revoke the person's certification.
	(e) A person may appeal a ruling or order issued under this
	section to a district court in the county in which the person
	resides or in Travis County. The standard of review is under the
	substantial evidence rule. [~~The commission shall prescribe~~
	~~procedures by which each decision to suspend or revoke is made by or~~
	~~is appealable to the commission.~~]
	SECTION 4.017. Section 141.081, Human Resources Code, is
	amended by adding Subsection (d) to read as follows:
	(d) The commission by rule shall, not later than September
	1, 2010, establish one or more basic probation services funding
	formulas and one or more community corrections funding formulas.
	The funding formulas established under this subsection must include
	each grant for which the commission, on or before September 1, 2009,
	established an allocation formula.
	SECTION 4.018. Chapter 141, Human Resources Code, is
	amended by adding Subchapter F to read as follows:
	SUBCHAPTER F. COMMUNITY CORRECTIONS PILOT PROGRAMS
	Sec. 141.101. ESTABLISHMENT OF COMMUNITY CORRECTIONS PILOT
	PROGRAMS. (a) The commission, in coordination with the Texas Youth
	Commission, shall establish guidelines for the implementation of
	community corrections pilot programs to provide an array of
	rehabilitation services for juvenile offenders, including juvenile
	delinquency prevention services and substance abuse and mental
	health treatment services. Instead of ordering commitment to the
	Texas Youth Commission under Section 54.04(d)(2), Family Code, a
	juvenile court of a county that has established a community
	corrections pilot program under this section may require a child to
	participate in a community corrections pilot program if the child
	was found to have engaged in delinquent conduct that:
	(1) violates a penal law of the grade of felony under
	Title 7, Penal Code, or Chapter 481, Health and Safety Code; and
	(2) did not involve the use of force or the threat of
	force against another person, including the use or exhibition of a
	deadly weapon.
	(b) The commission must implement this subchapter only to
	the extent that the legislature specifically appropriates money to
	the commission for that purpose.
	Sec. 141.102. GRANTS. (a) A juvenile board may apply to
	the commission for a grant to implement a community corrections
	pilot program in the county.
	(b) The commission shall adopt rules that:
	(1) govern the administration and operation of a
	community corrections pilot program by a juvenile board; and
	(2) establish a competitive process through which
	juvenile boards may apply to the commission for a grant under this
	section.
	(c) The rules adopted under Subsection (b)(1) must:
	(1) require a juvenile board that applies for a grant
	under this section to detail the manner in which the juvenile board
	intends to use any grant money the county receives;
	(2) establish conditions that a county must meet in
	order to receive a grant under this section, including conditions
	related to:
	(A) reduced commitment targets for the county
	that the juvenile board serves;
	(B) specific performance measures by which a
	community corrections pilot program will be evaluated;
	(C) restrictions on the use of grant money; and
	(D) any other standard condition the commission
	requires; and
	(3) require a juvenile board that receives a grant
	under this section and chooses to use the grant to contract for
	services to be provided under the community corrections pilot
	program to use a contracting process that is open to nonprofit,
	for-profit, or faith-based organizations that:
	(A) demonstrate experience in effectively
	implementing juvenile delinquency prevention and juvenile
	treatment programs;
	(B) demonstrate the ability to quantify the
	effectiveness of the programs; and
	(C) provide innovative or specialized juvenile
	justice or family programs.
	Sec. 141.103. FUNDING TO JUVENILE BOARDS. (a) The
	commission by rule shall establish a funding formula for juvenile
	boards implementing a community corrections pilot program. The
	formula must take into account:
	(1) the average daily cost to the state of committing a
	juvenile to a facility operated by or under contract with the Texas
	Youth Commission;
	(2) the average length of stay for a juvenile
	committed to a facility operated by or under contract with the Texas
	Youth Commission; and
	(3) the projected yearly number of commitments for
	each county the juvenile board receiving the grant serves.
	(b) The funding formula established under Subsection (a)
	may take into account any factor not described by Subsection (a)
	that the commission determines is relevant, including the historic
	average annual number of referrals for a county and the population
	of a county.
	(c) Except as otherwise provided by this subsection, the
	commission shall make available money for distribution for
	community corrections pilot programs under this section in the same
	manner as other state aid is distributed under this chapter. Costs
	associated with a juvenile who is participating in the pilot
	program and who is committed to the Texas Youth Commission shall be
	subtracted from the juvenile board's pilot program grant allotment
	and transferred to an account in the general revenue fund for the
	operation of secure facilities by or under contract with the Texas
	Youth Commission.
	(d) The amount of money to be subtracted from a juvenile
	board's allotment under Subsection (c):
	(1) is computed on the average daily cost of
	committing a juvenile to a facility operated by or under contract
	with the Texas Youth Commission as provided by Subsection (a)(1);
	and
	(2) may not exceed the amount the juvenile board
	initially received from the commission for the juvenile.
	Sec. 141.104. JUVENILE BOARD OBLIGATIONS. A juvenile board
	that receives a grant under this subchapter:
	(1) may not use the funds to supplant existing
	expenditures associated with programs, services, and residential
	placement of youth in the local juvenile probation departments;
	(2) shall comply with all applicable commission rules;
	and
	(3) shall report on the use of and evaluate the
	effectiveness of the program.
	Sec. 141.105. REPORTS. (a) A juvenile board that receives
	a grant under this subchapter shall annually, and at the request of
	the commission, report to the commission concerning the
	implementation, cost-effectiveness, and success rate of a
	community corrections pilot program implemented under this
	subchapter.
	(b) The commission shall, not later than January 1 of each
	odd-numbered year, submit a report concerning the implementation,
	cost-effectiveness, and success rates of community corrections
	pilot programs implemented by juvenile boards under this subchapter
	to:
	(1) the governor;
	(2) the lieutenant governor;
	(3) the speaker of the house of representatives; and
	(4) the standing committees in the senate and the
	house of representatives that have primary jurisdiction over the
	commission.
	(c) The report submitted under Subsection (b) must contain
	recommendations as to whether any of the community corrections
	pilot programs implemented by juvenile boards under this subchapter
	should be implemented on a statewide basis.
	ARTICLE 5. MISCELLANEOUS PROVISIONS
	SECTION 5.001. Chapter 13, Code of Criminal Procedure, is
	amended by adding Article 13.34 to read as follows:
	Art. 13.34. CERTAIN OFFENSES COMMITTED AGAINST CHILD
	COMMITTED TO TEXAS YOUTH COMMISSION. An offense described by
	Article 104.003(a) committed by an employee or officer of the Texas
	Youth Commission or a person providing services under a contract
	with the commission against a child committed to the commission may
	be prosecuted in:
	(1) any county in which an element of the offense
	occurred; or
	(2) Travis County.
	SECTION 5.002. Section 51.02, Family Code, is amended by
	adding Subdivision (8-a) to read as follows:
	(8-a) "Nonsecure correctional facility" means a
	facility, other than a secure correctional facility, that accepts
	only juveniles who are on probation and that is operated by or under
	contract with a governmental unit, as defined by Section 101.001,
	Civil Practice and Remedies Code.
	SECTION 5.003. Chapter 51, Family Code, is amended by
	adding Section 51.126 to read as follows:
	Sec. 51.126. NONSECURE CORRECTIONAL FACILITIES. (a) A
	nonsecure correctional facility for juvenile offenders may be
	operated only by:
	(1) a governmental unit, as defined by Section
	101.001, Civil Practice and Remedies Code; or
	(2) a private entity under a contract with a
	governmental unit in this state.
	(b) In each county, each judge of the juvenile court and a
	majority of the members of the juvenile board shall personally
	inspect, at least annually, all nonsecure correctional facilities
	that are located in the county and shall certify in writing to the
	authorities responsible for operating and giving financial support
	to the facilities and to the Texas Juvenile Probation Commission
	that the facility or facilities are suitable or unsuitable for the
	confinement of children. In determining whether a facility is
	suitable or unsuitable for the confinement of children, the
	juvenile court judges and juvenile board members shall consider:
	(1) current monitoring and inspection reports and any
	noncompliance citation reports issued by the Texas Juvenile
	Probation Commission, including the report provided under
	Subsection (c), and the status of any required corrective actions;
	and
	(2) the other factors described under Sections
	51.12(c)(2)-(7).
	(c) The Texas Juvenile Probation Commission shall annually
	inspect each nonsecure correctional facility. The Texas Juvenile
	Probation Commission 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 Board 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.
	(d) A governmental unit or private entity that operates or
	contracts for the operation of a juvenile nonsecure correctional
	facility in this state under Subsection (a), except for a facility
	operated by or under contract with the Texas Juvenile Probation
	Commission, shall:
	(1) register the facility annually with the Texas
	Juvenile Probation Commission; and
	(2) adhere to all applicable minimum standards for the
	facility.
	(e) The Texas Juvenile Probation Commission may deny,
	suspend, or revoke the registration of any facility required to
	register under Subsection (d) if the facility fails to:
	(1) adhere to all applicable minimum standards for the
	facility; or
	(2) timely correct any notice of noncompliance with
	minimum standards.
	SECTION 5.004. Section 54.04, Family Code, is amended by
	amending Subsection (l) and adding Subsection (y) to read as
	follows:
	(l) Except as provided by Subsections [~~Subsection~~] (q) and
	(y), a court or jury may place a child on probation under Subsection
	(d)(1) for any period, except that probation may not continue on or
	after the child's 18th birthday. Except as provided by Subsection
	(q), the court may, before the period of probation ends, extend the
	probation for any period, except that the probation may not extend
	to or after the child's 18th birthday.
	(y) A court or jury may divert the child from commitment to
	the Texas Youth Commission by placing the child on probation under
	Subsection (d)(1) in a community corrections program operated in
	accordance with Subchapter F, Chapter 141, Human Resources Code.
	The period of probation under this subsection may not continue on or
	after the child's 19th birthday. The court may, before the period
	of probation ends, extend the probation for any period, except that
	the probation may not extend to or after the child's 19th birthday.
	SECTION 5.005. Section 54.0405(i), Family Code, is amended
	to read as follows:
	(i) A court that requires as a condition of probation that a
	child attend psychological counseling under Subsection (a) may,
	before the date the probation period ends, extend the probation for
	any additional period necessary to complete the required counseling
	as determined by the treatment provider, except that the probation
	may not be extended to a date after the date of the child's 18th
	birthday, unless the child is placed on probation under Section
	54.04(y).
	SECTION 5.006. Section 54.041(b), Family Code, is amended
	to read as follows:
	(b) If a child is found to have engaged in delinquent
	conduct or conduct indicating a need for supervision arising from
	the commission of an offense in which property damage or loss or
	personal injury occurred, the juvenile court, on notice to all
	persons affected and on hearing, may order the child or a parent to
	make full or partial restitution to the victim of the offense. The
	program of restitution must promote the rehabilitation of the
	child, be appropriate to the age and physical, emotional, and
	mental abilities of the child, and not conflict with the child's
	schooling. When practicable and subject to court supervision, the
	court may approve a restitution program based on a settlement
	between the child and the victim of the offense. An order under
	this subsection may provide for periodic payments by the child or a
	parent of the child for the period specified in the order but except
	as provided by Subsection (h) and unless the child is placed on
	probation under Section 54.04(y), that period may not extend past
	the date of the 18th birthday of the child or past the date the child
	is no longer enrolled in an accredited secondary school in a program
	leading toward a high school diploma, whichever date is later.
	SECTION 5.007. Section 54.05(b), Family Code, is amended to
	read as follows:
	(b) Except for a commitment to the Texas Youth Commission or
	a grant of juvenile probation under Section 54.04(y), all
	dispositions automatically terminate when the child reaches the
	child's [~~his~~] 18th birthday.
	SECTION 5.008. Section 59.006(b), Family Code, is amended
	to read as follows:
	(b) The juvenile court shall discharge the child from the
	custody of the probation department on the earlier of:
	(1) the date the provisions of this section are met; or
	(2) [on] the child's 18th birthday or 19th birthday, if
	the child is placed on probation under Section 54.04(y), as
	applicable [~~, whichever is earlier~~].
	SECTION 5.009. Section 59.007(b), Family Code, is amended
	to read as follows:
	(b) The juvenile court shall discharge the child from the
	custody of the probation department on the earlier of:
	(1) the date the provisions of this section are met; or
	(2) [on] the child's 18th birthday or 19th birthday, if
	the child is placed on probation under Section 54.04(y), as
	applicable [~~, whichever is earlier~~].
	SECTION 5.010. Section 59.008(b), Family Code, is amended
	to read as follows:
	(b) The juvenile court shall discharge the child from the
	custody of the probation department on the earlier of:
	(1) the date the provisions of this section are met; or
	(2) [on] the child's 18th birthday or 19th birthday, if
	the child is placed on probation under Section 54.04(y), as
	applicable [~~, whichever is earlier~~].
	SECTION 5.011. Chapter 614, Health and Safety Code, is
	amended by adding Section 614.018 to read as follows:
	Sec. 614.018. CONTINUITY OF CARE FOR JUVENILES WITH MENTAL
	IMPAIRMENTS. (a) The Texas Juvenile Justice Board, the Department
	of Public Safety, the Department of State Health Services, the
	Department of Aging and Disability Services, the Department of
	Family and Protective Services, the Texas Education Agency, and
	local juvenile probation departments shall adopt a memorandum of
	understanding that establishes their respective responsibilities
	to institute a continuity of care and service program for juveniles
	with mental impairments in the juvenile justice system. The Texas
	Correctional Office on Offenders with Medical and Mental
	Impairments shall coordinate and monitor the development and
	implementation of the memorandum of understanding.
	(b) The memorandum of understanding must establish methods
	for:
	(1) identifying juveniles with mental impairments in
	the juvenile justice system and collecting and reporting relevant
	data to the office;
	(2) developing interagency rules, policies, and
	procedures for the coordination of care of and the exchange of
	information on juveniles with mental impairments who are committed
	to or treated, served, or supervised by the Texas Youth Commission,
	the Texas Juvenile Probation Commission, the Department of Public
	Safety, the Department of State Health Services, the Department of
	Family and Protective Services, the Department of Aging and
	Disability Services, the Texas Education Agency, local juvenile
	probation departments, local mental health or mental retardation
	authorities, and independent school districts; and
	(3) identifying the services needed by juveniles with
	mental impairments in the juvenile justice system.
	(c) For purposes of this section, "continuity of care and
	service program" includes:
	(1) identifying the medical, psychiatric, or
	psychological care or treatment needs and educational or
	rehabilitative service needs of a juvenile with mental impairments
	in the juvenile justice system;
	(2) developing a plan for meeting the needs identified
	under Subdivision (1); and
	(3) coordinating the provision of continual
	treatment, care, and services throughout the juvenile justice
	system to juveniles with mental impairments.
	SECTION 5.012. Sections 614.017(a) and (b), Health and
	Safety Code, are amended to read as follows:
	(a) An agency shall:
	(1) accept information relating to a special needs
	offender or a juvenile with a mental impairment that is sent to the
	agency to serve the purposes of continuity of care and services
	regardless of whether other state law makes that information
	confidential; and
	(2) disclose information relating to a special needs
	offender or a juvenile with a mental impairment, including
	information about the offender's or juvenile's identity, needs,
	treatment, social, criminal, and vocational history, supervision
	status and compliance with conditions of supervision, and medical
	and mental health history, if the disclosure serves the purposes of
	continuity of care and services.
	(b) Information obtained under this section may not be used
	as evidence in any juvenile or criminal proceeding, unless obtained
	and introduced by other lawful evidentiary means.
	SECTION 5.013. Section 614.017(c), Health and Safety Code,
	is amended by amending Subdivision (1) and adding Subdivision (3)
	to read as follows:
	(1) "Agency" includes any of the following entities
	and individuals, a person with an agency relationship with one of
	the following entities or individuals, and a person who contracts
	with one or more of the following entities or individuals:
	(A) the Texas Department of Criminal Justice and
	the Correctional Managed Health Care Committee;
	(B) the Board of Pardons and Paroles;
	(C) the Department of State Health Services;
	(D) the Texas Juvenile Probation Commission;
	(E) the Texas Youth Commission;
	(F) the Department of Assistive and
	Rehabilitative Services;
	(G) the Texas Education Agency;
	(H) the Commission on Jail Standards;
	(I) the Department of Aging and Disability
	Services;
	(J) the Texas School for the Blind and Visually
	Impaired;
	(K) community supervision and corrections
	departments and local juvenile probation departments;
	(L) personal bond pretrial release offices
	established under Article 17.42, Code of Criminal Procedure;
	(M) local jails regulated by the Commission on
	Jail Standards;
	(N) a municipal or county health department;
	(O) a hospital district;
	(P) a judge of this state with jurisdiction over
	juvenile or criminal cases;
	(Q) an attorney who is appointed or retained to
	represent a special needs offender or a juvenile with a mental
	impairment;
	(R) the Health and Human Services Commission;
	(S) the Department of Information Resources;
	[~~and~~]
	(T) the bureau of identification and records of
	the Department of Public Safety, for the sole purpose of providing
	real-time, contemporaneous identification of individuals in the
	Department of State Health Services client data base; and
	(U) the Department of Family and Protective
	Services.
	(3) "Juvenile with a mental impairment" means a
	juvenile with a mental impairment in the juvenile justice system.
	SECTION 5.014. Section 614.009, Health and Safety Code, is
	amended to read as follows:
	Sec. 614.009. BIENNIAL REPORT. Not later than February 1
	of each odd-numbered year, the office shall present to the board and
	file with the governor, lieutenant governor, and speaker of the
	house of representatives a report giving the details of the
	office's activities during the preceding biennium. The report must
	include:
	(1) an evaluation of any demonstration project
	undertaken by the office;
	(2) an evaluation of the progress made by the office
	toward developing a plan for meeting the treatment, rehabilitative,
	and educational needs of offenders with special needs;
	(3) recommendations of the office made in accordance
	with Section 614.007(5);
	(4) an evaluation of the development and
	implementation of the continuity of care and service programs
	established under Sections 614.013, 614.014, 614.015, [~~and~~]
	614.016, and 614.018, changes in rules, policies, or procedures
	relating to the programs, future plans for the programs, and any
	recommendations for legislation; and
	(5) any other recommendations that the office
	considers appropriate.
	ARTICLE 6. TRANSITION AND EFFECTIVE DATE
	SECTION 6.001. (a) As soon as possible after the effective
	date of this Act, the governor shall appoint the initial members of
	the Juvenile Justice Policy Coordinating Council.
	(b) In appointing the initial members of the Juvenile
	Justice Policy Coordinating Council, the governor shall appoint:
	(1) three members for a term expiring February 1,
	2011;
	(2) three members for a term expiring February 1,
	2013; and
	(3) three members for a term expiring February 1,
	2015.
	(c) The Juvenile Justice Policy Coordinating Council may
	not hold its first meeting or take any other action until a quorum
	of the members of the council have taken office.
	SECTION 6.002. Sections 61.025 and 61.027, Human Resources
	Code, as added by this Act, and Sections 141.014 and 141.0145, Human
	Resources Code, as amended by this Act, apply only to a person who
	is appointed or reappointed as a member of the governing board of
	the Texas Youth Commission or the Texas Juvenile Probation
	Commission on or after the effective date of this Act. A person
	appointed or reappointed as a member of the board or commission
	before the effective date of this Act is governed by the law in
	effect immediately before that date, and the former law is
	continued in effect for that purpose.
	SECTION 6.003. Section 61.026, Human Resources Code, as
	added by this Act, and Section 141.017, Human Resources Code, as
	amended by this Act, apply only to a ground for removal that occurs
	on or after the effective date of this Act. A ground for removal
	that occurs before the effective date of this Act is governed by the
	law in effect immediately before that date, and the former law is
	continued in effect for that purpose.
	SECTION 6.004. (a) Section 141.011(a), Human Resources
	Code, as amended by this Act, applies only to a person appointed to
	the Texas Juvenile Probation Commission on or after the effective
	date of this Act. A person appointed to the Texas Juvenile
	Probation Commission before the effective date of this Act is
	governed by the law in effect on the date the person was appointed,
	and that law is continued in effect for that purpose.
	(b) A person serving on the Texas Juvenile Probation
	Commission on the effective date of this Act continues to serve on
	the commission until the person's term expires. When a term expires
	or a vacancy on the commission occurs, the governor shall make
	appointments in accordance with Section 141.011(a), Human
	Resources Code, as amended by this Act.
	SECTION 6.005. Persons serving on the advisory council on
	juvenile services under Section 141.022, Human Resources Code, on
	the effective date of this Act continue to serve in those capacities
	until the Texas Juvenile Probation Commission reappoints members or
	appoints new members in those capacities.
	SECTION 6.006. Article 13.34, Code of Criminal Procedure,
	as added by this Act, applies only to an offense committed on or
	after the effective date of this Act. An offense committed before
	the effective date of this Act is covered by the law in effect when
	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 this Act if any element of
	the offense occurred before that date.
	SECTION 6.007. Except as otherwise provided by this Act,
	the changes in law made by this Act in amending a provision of Title
	3, Family Code, apply only to conduct that violates a penal law and
	that occurs on or after the effective date of this Act. Conduct
	that violates a penal law and 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 violating a
	penal law occurs before the effective date of this Act if every
	element of the violation occurred before that date.
	SECTION 6.008. This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2009.