Legislative Blog
J.B. Williams, J.D.
Ensuring some transparency in juvenile justice
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
All of the modifications seem to be provided greater transparency in the juvenile justice system, all while maintaining privacy for the individual children. This is done in a multitude of ways, one of which is providing statistical data on the department website.Ensuring some transparency in juvenile justice
Published: 2024-11-20
SB 1727
Officers appointed by the inspector general of the Texas Juvenile Justice Department through the Human Resources Code are considered peace officers. The inspector general of the Texas Juvenile Justice Department, or their designee, may now issue administrative subpoenas to a communication common carrier or provider of electronic communications to compel production of documents.
Texas Juvenile Justice Department may give access to juvenile justice information for a purpose the department finds beneficial and approves up if:
- it is working on research or statistical project that meets requirements;
- it has a specific agreement with the department that authorizes access to identifiable juvenile information; limits the use of the information for the purpose it is provided; ensures security and confidentiality; and provides sanctions for violations
Non-identifiable juvenile justice information may be provided for research or statistical purposes to criminal justice agencies, Texas Education Agency, an agency under the Health and Human Services Commission, Department of Family and Protective Services, public or private university; or an individual/entity working on research or statistical project.
There are numerous modifications to the Human Resources Code that surround the make-up of boards to include those in the juvenile justice arena. The executive director has have at least:
- 5 years experience in the filed of juvenile corrections in an administrative capacity;
- 3 years experience in the field of juvenile corrections and a graduate degree from an institute of higher education in a relevant field; or
- 7 years experience in management and administration of a government agency, institute of higher education, or business enterprise of similar size
The following actions must be tracked:
- a child selected for conditional placement;
- a child selected for a home placement;
- waiving of a requirement for a child with a determinate sentence to spend the entire period in a high-restriction facility;
- waiving of a requirement for a child to be on intensive supervision when released on parole;
- authorizes early discharge for a child on parole;
- finalizes an appeal brought by an advocacy group who was denied access
An advisory council on juvenile services must now adopt rules regarding:
- purpose and duration of the council itself;
- quorum requirements for the council;
- training requirements for members of the council;
- policies to avoid conflicts of interest;
- review process to evaluate the needs of the council;
- appropriate level of participation from prior members;
- reporting requirements between the board and the council
The council also needs to look at ways to improve sharing of information between agencies that serve children. Their other roles remain unchanged.
The department needs to develop a set of risk factors to review when assessing facilities. They may include the available programming, past and repeat standards violations, volume and type of complaints made, changes in leadership, high staff turnover, findings from independent ombudsman, negative media attention, and time since the last inspection. These risk factors will provide a guide for inspections. Higher risk facilities would have higher priority for inspection. A low risk facility may have desk audits, abbreviated inspection, videoconference technology, or other alternatives to in-person inspections.
On the department website there needs to be statistical analysis information regarding complaints received. This must include the number, source, type and disposition of the complaints. There should be the number of certified officers, number of complaints against them, the number resolved and the manner of resolution.
The law regarding eligibility to be a probation officer was significantly modified. The only remaining 3 things are completed the course of preservice training and continuing education; passed the tests regarding by the department; and possess the level of certification required. Some of the prior laws may not fall into certification requirements listed elsewhere.
The board must establish rules for the probation department to apply for placement of a child in specialized programs before a court commits the child to the department's custody. There may be exceptions to these rules.
The department must annually published on their website the number of children committed to the department in the prior year. These should be categorized by offense level, sentence type, age, and sex. They shall ensure that a child cannot be identified by this information.
Once a child, that is in custody, becomes 16 but before they are 19; the department shall refer them to the court that entered their order of commitment so they can be transferred to the Texas Department of Criminal Justice for confinement when necessary. This would occur if the child had not completed their sentence; if while in custody the child was convicted of a first or second degree felony; and the child was at least 16 when this offense occurred.
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