Youth Justice – Successful Bills, 2013

HB 144 | HB 232 | HB 528 | HB 1318 | HB 1479 | HB 1952 | HB 2719 | HB 2733 | HB 2862 | SB 92 | SB 393 | SB 394 | SB 395 | SB 511 | SB 670 | SB 833 | SB 914 | SB 1003 | SB 1114 | SB 1356 | SB 1419 | SB 1769

The Governor signed the following bills into law in 2013:

• HB 144 (Raymond) [Sponsor: Nelson]: Relating to a mental examination of a child subject to the juvenile justice system. Under this bill, juvenile courts will be permitted, at their own discretion or at the request of a parent, to order a child to be examined by an expert to determine whether the child suffers from chemical dependency. Furthermore, juvenile probation departments will be required to refer any child found to suffer from chemical dependency to an agency or provider for further evaluation and services. This bill will help juvenile system practitioners more quickly identify and treat youth with substance abuse issues. Effective September 1, 2013.

• HB 232 (Guillen) [Sponsor: Zaffirini]: Relating to allowing certain minors convicted of certain alcohol offenses to perform community service instead of attending an alcohol awareness program. This bill allows minors who are ordered by a court in a small county to participate in an alcohol awareness program to take the course online if the Department of State Health Services (DSHS) approves such courses, and if the county in which the minor resides does not provide an alcohol awareness program.

Furthermore, in exchange for participation in the alcohol awareness program, HB 232 allows youth to complete at least 8 hours of community service related to alcohol abuse prevention or treatment, in addition to the community service hours imposed by the court. DSHS must create a list of community services related to alcohol abuse prevention and treatment for each county in which a court may order such services. Effective Immediately (June 2013).

• HB 528 (Turner, Sylvester; Giddings; Miles; Wu) [Sponsor: Whitmire]: Relating to the restriction of access to the records and files of a child charged with or convicted of certain fine-only misdemeanor offenses. While most juvenile offenses in Texas are handled by the juvenile justice system, where records remain confidential and undisclosed to the public, children charged with fine-only misdemeanors are adjudicated in adult criminal courts, where records are open to the public until the child is convicted. This means that youth charged but not convicted of such minor offenses have records open to the public. This bill closes the gap in Texas law and makes all juvenile records confidential as they relate to fine-only misdemeanor offenses, regardless of whether the youth was ultimately convicted. It is important to ensure that youth who have atoned for their offenses and gotten back on the right path have a fair shot at success. Effective January 1, 2014. 

• HB 1318 (Turner, Sylvester) [Sponsor: Whitmire]: Relating to the appointment of counsel to represent certain youths and indigent defendants. Too many youth entitled to appointed counsel have not been represented by prepared counsel at their first detention hearing. As a result, Texas has needlessly kept thousands of low-risk youth in pre-adjudication secure detention, at a cost of $216 per day per youth. HB 1318 requires counsel to be appointed for qualifying youth before the first detention hearing; because these attorneys must inevitably be appointed at some time prior to trial, this bill will not create any additional costs. In fact, by improving the efficiency of detention decisions, HB 1318 will create millions of dollars in savings statewide: Williamson County, for example, appoints counsel for youth before the first detention hearing and has realized hundreds of thousands of dollars in savings. Effective September 1, 2013; Sections 1 and 6 effective September 1, 2014. 

Note: For HB 1318 provisions relating to adult defense, click here.

• HB 1479 (Villarreal) [Sponsor: Van de Putte]: Relating to establishing a committee in certain counties to recommend a uniform truancy policy. School districts use various methods to handle truancy; in large counties with more than one jurisdiction, the result is a fractured disciplinary system. Given that truancy limits educational opportunities, increases the likelihood of other delinquent behavior, and reduces school district funding from the state, it must be addressed in a more effective manner.

HB 1479 creates a permissive, uniform truancy policy in larger counties, specifically via a committee that will implement the policy. The committee will consist of local and state leadership, including judicial members, school representatives, and a district attorney. The committee will develop policy recommendations no later than September 1, 2014, with adherence to recommendations only voluntary. HB 1479 will expire on January 1, 2016. Effective Immediately (June 2013).

• HB 1952 (Thompson, Senfronia) [Sponsor: Van de Putte]: Relating to professional development training for certain public school personnel regarding student disciplinary procedures. To correct disparities in disciplinary practices among school districts, HB 1952 requires the principal or other appropriate administrator of a campus to attend professional development training relating to the distinction between a discretionary discipline management technique used by a principal, and the discretionary authority of a teacher to remove a disruptive student. This training is required once every three school years and can be done remotely. Effective Immediately (June 2013).

• HB 2719 (Guillen) [Sponsor: Rodríguez]: Relating to collecting and reporting information concerning inmates who have been in the conservatorship of a state agency responsible for providing child protective services and concerning inmate parole, reentry, and integration. Under this bill, the Texas Department of Criminal Justice will inquire about past foster care system involvement during the inmate intake process and annually summarize that statistical information in a report to the Governor and Legislature. Many children in the Texas foster care system have experienced significant trauma, and data collection is the first step in identifying gaps in support for such youth, so as to ultimately develop resources and programs to provide foster youth with the skills they will need to avoid costly future justice system involvement. Effective September 1, 2013.

Note: For HB 2719 provisions relating to adult reentry, click here.

• HB 2733 (White) [Sponsor: Whitmire]: Relating to the administration and operation of the Texas Juvenile Justice Department. HB 2733 allows the Texas Juvenile Justice Department (TJJD) to obtain criminal records from the Department of Public Safety for, among others, a child in TJJD’s custody, and a person requesting visitation to a TJJD facility. However, this bill prohibits TJJD from denying visitation by an immediate family member solely because of the existence of a criminal background.

Additionally, this bill changes the timing of the report submitted by TJJD to the state’s Legislative Budget Board about the effectiveness of juvenile programs, from odd-numbered years to even-numbered years, so that the Legislature can work during the interim on potential bills that could improve the quality of these programs.

The bill also removes the three-term limit for the independent ombudsman who monitors the state secure juvenile facilities and protects the rights and safety of youth incarcerated in those facilities; this will allow continuity and a maintained level of trust between that Office and confined youth. Effective September 1, 2013.

• HB 2862 (McClendon) [Sponsor: West]: Relating to procedures related to juvenile cases. HB 2862 extends regulations and requirements for short-term secure facilities to non-secure facilities. Among other things, this includes protection from invasive searches by non-professionals; a prohibition on depriving youth of food, clothing, or sleep as punishment; and the right to programming. This extension of protections will ensure that youth being held in a non-secure facility are afforded the same rights and safeguards as youth being detained in a short-term secure facility.

Separately, HB 2862 permits juvenile courts to retain jurisdiction of a juvenile facing a waiver or transfer to an adult criminal court until that proceeding is complete.

Furthermore, HB 2862 requires the Texas Juvenile Justice Department to collect and make the following data available to the public: The number of placements in a disciplinary seclusion lasting at least 90 minutes but less than 24 hours, the number of placements in disciplinary seclusion lasting 24 hours or more but less than 48 hours, and the number of placements in disciplinary seclusion lasting 48 hours or more. This takes an important step to protect youth in custody, through data collection that will ultimately help determine if facilities are using seclusions inappropriately. Effective September 1, 2013.

NOTE: This bill also allows military access to unrestricted juvenile records and permits confinement of a witness.

• SB 92 (Van de Putte) [Sponsor: Thompson, Senfronia]: Relating to the designation of a juvenile court and a program for certain juveniles who may be the victims of human trafficking. This bill allows courts to divert identified victims of prostitution from the justice system and place them in a specialized “trafficked persons” treatment program, then dismiss the case and/or seal a victim’s record upon successful completion of the program. An appropriate, effective, and structured support system will improve the lives of as many as 3,000 young victims in Texas, positively impacting their outcomes in both the short and long term. Effective September 1, 2013.

• SB 393 (West) [Sponsor: Lewis; Thompson, Senfronia]: Relating to the criminal procedures related to children who commit certain Class C misdemeanors. This bill allows a youth defendant with a minor, fine-only offense to perform community service or receive tutoring rather than pay court-related costs or fines – thus still maintaining a strict level of accountability. Alternatively, this bill allows a judge to simply waive the defendant’s payment of fines due to childhood, if such fines are deemed unnecessary.

SB 393 also allows certain courts, schools, or probation departments to provide at-risk youth and system-involved youth with case managers and prevention and intervention services, to help them target the root causes of their misbehavior and improve their likelihood of graduating. As opposed to receiving a Class C misdemeanor citation for certain conduct, students will have the opportunity to address their misbehavior through counseling and avoid justice system involvement. Furthermore, if the county has a first-offender program, youth with a Class C misdemeanor (other than a traffic citation) may participate and have their case dismissed upon successful completion of such a program.

Separately, SB 393 allows school districts to alternatively sanction youth who engage in disorderly conduct. Rather than receiving citations for misbehavior, youth may be subject to progressive sanctions, including a warning, a behavioral contract, school-based community service, or counseling or other services aimed at addressing behavioral problems. If a school district does not comply with these requirements and a citation is issued without providing a warning or progressive sanction, the citation will be dismissed.

Finally, SB 393 restricts certain individuals’ or agencies’ access to records of youth who received a dismissal after a deferred disposition for a fine-only offense. It is important to ensure that youth who have atoned for their offenses and gotten back on the right path have a fair shot at success. Effective September 1, 2013.

• SB 394 (West) [Sponsor: Herrero; Wu]: Relating to restricting access to records of children convicted of or receiving deferred disposition for certain fine-only misdemeanors. While most juvenile offenses in Texas are handled by the juvenile justice system, where records remain confidential and undisclosed to the public, children charged with fine-only misdemeanors are adjudicated in adult criminal courts, where records are open to the public until the child is convicted. This means that youth charged but not convicted of such minor offenses – for example, youth who have received deferred prosecution – have records that are open to the public. SB 394 restricts certain individuals’ or agencies’ access to records of youth who received a dismissal after a deferred disposition for a fine-only offense. It is important to ensure that youth who have atoned for their offenses and gotten back on the right path have a fair shot at success. Effective September 1, 2013.  

• SB 395 (West) [Sponsor: Herrero]: Relating to fines and court costs imposed on a child in a criminal case. This bill allows a youth defendant with a minor, fine-only offense to perform community service or receive tutoring rather than pay court-related costs or fines – thus still maintaining a strict level of accountability. Alternatively, this bill allows a judge to simply waive the defendant’s payment of fines due to childhood, if such fines are deemed unnecessary. Effective September 1, 2013.

• SB 511 (Whitmire) [Sponsor: Workman]: Relating to the commitment of certain juveniles to local post-adjudication secure correctional facilities in certain counties and to the release under supervision of those juveniles. This bill creates a 5-year youth sentencing pilot program in Travis County, and it specifically impacts determinate sentences, which are served first in the juvenile justice system, then completed in the adult justice system. Under the program, Travis County juvenile judges will be able to sentence youth to a determinate sentence but place them in a local juvenile facility, rather than a state juvenile facility. Travis County must develop a comprehensive plan for each confined youth in the pilot program to ensure a successful reentry to the community. Effective December 1, 2013.

• SB 670 (Whitmire) [Sponsor: Turner, Sylvester]: Relating to the copying of certain records and files relating to a child who is a party to a juvenile proceeding. This bill allows juvenile defendants and their attorneys to make copies of records relating to their criminal proceedings, rather than having to take handwritten notes. This will improve accuracy and increase the efficiency of the adversarial process, saving valuable time and resources. Effective Immediately (May 2013).

• SB 833 (Davis) [Sponsor: Dukes]: Relating to the collection of data through the Public Education Information Management System (PEIMS) as to the foster care status of public school students. SB 833 requires the Texas Education Agency to use the Public Education Information Management System to gather information on public school students in foster care, which can help to identify gaps in performance among such youth, and allow for longer-term assistance for them. Effective Immediately (June 2013).

• SB 914 (Lucio) [Sponsor: Ratliff]: Relating to a behavior improvement plan or a behavioral intervention plan adopted for certain students with an individualized education program. Some Texas students are enrolled in special education programs based on their individual needs. When a student is enrolled in such programs, an admission, review, and dismissal committee has been responsible for creating that youth’s individualized education program. If the youth later had behavioral problems, the school district’s behavioral specialists would develop a separate behavioral improvement plan or behavioral intervention plan for the student. This system has inadvertently led to the penalization of special needs students for their behavior, given that educators are unaware of the behavior improvement or intervention plan.

SB 914 addresses this problem by allowing the initial admission, review, and dismissal committee to approve and incorporate the components of the behavioral improvement plan into the individualized education programs. Doing so will more holistically address students’ needs and reduce the likelihood of unnecessary punishment. Effective Immediately (June 2013).

• SB 1003 (Carona) [Sponsor: Guillen]: Relating to a review of and report regarding the use of adult and juvenile administrative segregation in facilities in this state. The overuse of seclusions (solitary confinements) is a serious problem in some secure juvenile facilities in Texas, especially for traumatized youth or youth with mental health concerns. This bill requires an independent third party to work with Texas’ criminal and juvenile justice agencies to conduct a comprehensive evaluation of policies and practices related to administrative segregation and solitary confinement of youth and adults. This third party will provide outside expertise on best practices related to isolation and solitary confinement and will submit a report of its findings and recommendations to the Legislature by December 31, 2014. Among other things, the third party will examine access to transitional and rehabilitative programs and services; release procedures; statistical data related to the number of individuals in solitary confinement, including those with mental health issues and the average length of time spent in isolation; and the rate of recidivism among individuals who were confined in administrative segregation. This bill will help improve segregation and seclusion policies and practices, identify strategies to reduce the use of segregation, improve access to rehabilitative assistance for isolated individuals who will one day be released to the community (thus decreasing recidivism in the long term), and eliminate wasteful spending.

Furthermore, SB 1003 requires the Texas Juvenile Justice Department to collect and make the following data available to the public: The number of placements in a disciplinary seclusion lasting at least 90 minutes but less than 24 hours, the number of placements in disciplinary seclusion lasting 24 hours or more but less than 48 hours, and the number of placements in disciplinary seclusion lasting 48 hours or more. This takes an important step to protect youth in custody, through data collection that will ultimately help determine if facilities are using seclusions inappropriately. Effective September 1, 2013.

• SB 1114 (Whitmire; West) [Sponsor: Herrero]: Relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement. SB 1114 requires a police officer who issues a citation for delinquent conduct on school property or on a school vehicle (e.g., a bus) to submit to the court not only the police report, but also a witness statement and a victim statement, if any. This provision applies to delinquent conduct among children at least 12 years old, and a case cannot proceed to trial if the officer failed to submit available statements. SB 1114 also ensures that a child under the age of 12 may not be issued a citation for delinquent conduct on school grounds or on a school vehicle.

Separately, this bill eliminates disruption of certain school-related activities by a primary or secondary school student as a criminal offense, and it prohibits the issuance of an arrest warrant for a Class C misdemeanor if the person committed the offense before his or her 17th birthday.

Finally, this bill adds children accused of committing Class C misdemeanors to the class of individuals eligible to participate in county first-offender programs, which may require restitution and/or programming. If a child successfully completes the program, the case will be closed and will not be referred to the juvenile court. Effective September 1, 2013.

• SB 1356 (Van de Putte) [Sponsor: McClendon; Riddle]: Relating to human trafficking and its victims and the care of juveniles who have experienced traumatic events. A youth’s past experience with trauma is the largest predictor of his or her assignment to increasingly serious secure placements. This bill requires staff who work with youth in the juvenile justice system to receive specialized training in trauma-informed care. Such training will equip staff with the skills to work successfully with youth who have experienced past traumatic events, thereby helping to build a sustainable, positive corrections environment that increases safety for youth and staff and reduces future system involvement.

SB 1356 also requires juvenile probation departments to evaluate best practices associated with reducing sex trafficking, particularly as it pertains to identifying and assessing victims. Ultimately, a set of best practices will give departments real tools and strategies to address victims’ specialized needs.

Finally, SB 1356 requires the Crime Stoppers Advisory Council to create a program that encourages individuals to report criminal activity related to human trafficking and financially reward individuals who report such crimes. Effective September 1, 2013.

• SB 1419 (West) [Sponsor: Lewis]: Relating to funding for juvenile case managers through certain court costs and to the establishment of the truancy prevention and diversion fund. SB 1419 authorizes juvenile case managers to intervene and provide assistance to youth with Class C misdemeanors, including “failure to attend school” offenses, prior to the case being filed. These case managers can be used in a county court, in a justice court, in a municipal court, by a school district, by a juvenile probation department, or by any other appropriate governmental entity. Payments for these services will go into a dedicated fund to be utilized solely for truancy prevention and intervention. Effective September 1, 2013. 

• SB 1769 (Rodríguez) [Sponsor: White]: Relating to the creation of an advisory committee to examine the fingerprinting practices of juvenile probation departments. Contact with the juvenile justice system continues to create long-term collateral consequences for Texas youth. In most jurisdictions, a juvenile is fingerprinted at the initial contact with the juvenile system; those fingerprints are forwarded to the Texas Department of Public Safety and to the FBI, through which employers, housing providers, and others can access the prints.

Under this bill, the Texas Juvenile Justice Department will convene an advisory panel to determine whether Texas can safely stop fingerprinting youth referred to the juvenile justice system for low-level offenses; this panel will include prosecutors, law enforcement, probation officers, and others, thus ensuring broad stakeholder input. No later than December 1, 2014, the panel must submit a report to the Texas Juvenile Justice Board detailing the plans to implement their task.

Ultimately, if Texas does not fingerprint youth for low-level offenses, no criminal record will be created. This may be the most effective way to prevent these records from harming youth who have atoned for the low-level offense and have gotten their lives back on the right path. Effective Immediately (June 2013).

Click here to download a PDF copy of these bill summaries, as well as summaries of all other successful smart-on-crime bills passed in 2013.