Sec. 152.0016. POST-ADJUDICATION SECURE CORRECTIONAL FACILITIES; RELEASE UNDER SUPERVISION. (a) This section applies only to a county that has a population of more than one million and less than 1.5 million.
(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 854 , Sec. 12, eff. September 1, 2015.
(c) A juvenile board shall establish a policy that specifies whether the juvenile board or a local juvenile probation department that serves a county to which this section applies may:
(1) operate or contract for the operation of a post-adjudication secure correctional facility to confine children committed to the facility under Section 54.04011, Family Code; and
(2) operate a program through which a child committed to a post-adjudication secure correctional facility under Section 54.04011, Family Code, may be released under supervision and place the child in the child's home or in any situation or family approved by the juvenile board or local juvenile probation department.
(d) Before placing a child in the child's home under Subsection (c)(2), the juvenile board or local juvenile probation department shall evaluate the home setting to determine the level of supervision and quality of care that is available in the home.
(e) A juvenile board or a local juvenile probation department shall accept a person properly committed to it by a juvenile court under Section 54.04011, Family Code, in the same manner in which the Texas Juvenile Justice Department accepts a person under Section 54.04(e), Family Code, even though the person may be 17 years of age or older at the time of the commitment.
(f) A juvenile board or a local juvenile probation department shall establish a minimum length of stay for each child committed without a determinate sentence under Section 54.04011(c)(1), Family Code, in the same manner that the Texas Juvenile Justice Department determines a minimum length of stay for a child committed to the department under Section 243.002.
(f-1) After a child has completed the minimum length of stay established under Subsection (f), the juvenile board or local juvenile probation department shall:
(1) discharge the child from the custody of the juvenile board or local juvenile probation department;
(2) release the child under supervision as provided by Subsection (c)(2); or
(3) extend the child's length of stay in the custody of the juvenile board or local juvenile probation department.
(f-2) A child's length of stay may only be extended under Subsection (f-1)(3) on the basis of clear and convincing evidence that:
(1) the child is in need of additional rehabilitation from the juvenile board or local juvenile probation department; and
(2) the post-adjudication secure correctional facility will provide the most suitable environment for that rehabilitation.
(g) Except as provided by Subsection (h), if a child is committed to a post-adjudication secure correctional facility under Section 54.04011(c)(2), Family Code, the local juvenile probation department may not release the child under supervision without approval by the juvenile court that entered the order of commitment under Section 54.04011, Family Code, unless the child has been confined not less than:
(1) 10 years for capital murder;
(2) three years for an aggravated controlled substance felony or a felony of the first degree;
(3) two years for a felony of the second degree; and
(4) one year for a felony of the third degree.
(g-1) The juvenile board or local juvenile probation department may request the approval of the court under Subsection (g) at any time.
(h) The juvenile board or local juvenile probation department may release a child who has been committed to a post-adjudication secure correctional facility with a determinate sentence under Section 54.04011(c)(2), Family Code, under supervision without approval of the juvenile court that entered the order of commitment if not more than nine months remain before the child's discharge as provided by Section 152.00161(b).
(i) The juvenile board or local juvenile probation department may resume the care and custody of any child released under supervision at any time before the final discharge of the child in accordance with the rules governing the Texas Juvenile Justice Department regarding resumption of care. Sections 243.051 and 245.051(f) apply only to a child who has been committed to a post-adjudication secure correctional facility under Section 54.04011(c), Family Code, and who has either escaped or violated the conditions of release under supervision. A hearing examiner who conducts a revocation under this subsection has the same subpoena authority as a hearing officer at the Texas Juvenile Justice Department, as provided under Section 203.008.
(j) After a child committed to a post-adjudication secure correctional facility with a determinate sentence under Section 54.04011(c)(2), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the juvenile board or local juvenile probation department operating or contracting for the operation of the facility may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if the child has not completed the sentence and:
(1) the child's conduct, regardless of whether the child was released under supervision through a program established by the board or department, indicates that the welfare of the community requires the transfer; or
(2) while the child was released under supervision:
(A) a juvenile court adjudicated the child as having engaged in delinquent conduct constituting a felony offense;
(B) a criminal court convicted the child of a felony offense; or
(C) the child's release under supervision was revoked.
(k) A juvenile board or local juvenile probation department operating or contracting for the operation of a post-adjudication secure correctional facility under this section shall develop a comprehensive plan for each child committed to the facility under Section 54.04011, Family Code, regardless of whether the child is committed with or without a determinate sentence, to reduce recidivism and ensure the successful reentry and reintegration of the child into the community following the child's release under supervision or final discharge from the facility, as applicable.
(l) This section expires on December 31, 2018.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 10, eff. December 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 854 (S.B. 1149), Sec. 9, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 854 (S.B. 1149), Sec. 12, eff. September 1, 2015.
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