By: Schwertner, et al. S.B. No. 1727     A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the Texas Juvenile   Justice Department and the functions of the office of independent   ombudsman for the Texas Juvenile Justice Department.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.12(c-1), Family Code, is amended to   read as follows:          (c-1)  The Texas Juvenile Justice Department shall   [annually] inspect each public or private juvenile   pre-adjudication secure detention facility.  The department 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 detention of children in accordance   with:                (1)  the requirements of Subsections (a), (f), and (g);   and                (2)  minimum professional standards for the detention   of children in pre-adjudication secure confinement promulgated by   the department 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.          SECTION 2.  Section 51.125(c), Family Code, is amended to   read as follows:          (c)  The Texas Juvenile Justice Department shall [annually]   inspect each public or private juvenile post-adjudication secure   correctional facility that is not operated by the department.  The   department 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 post-adjudication secure   confinement promulgated by the department 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.          SECTION 3.  Section 51.126(c), Family Code, is amended to   read as follows:          (c)  The Texas Juvenile Justice Department shall [annually]   inspect each nonsecure correctional facility.  The Texas Juvenile   Justice Department 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 Department 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.          SECTION 4.  Sections 51.20(a), (b), (c), and (d), Family   Code, are amended to read as follows:          (a)  At any stage of the proceedings under this title,   including when a child is initially detained in a pre-adjudication   secure detention facility or a post-adjudication secure   correctional facility, the juvenile court may, at its discretion or   at the request of the child's parent or guardian, order a child who   is referred to the juvenile court or who is alleged by a petition or   found to have engaged in delinquent conduct or conduct indicating a   need for supervision to be examined by a disinterested expert,   including a physician, psychiatrist, or psychologist, qualified by   education and clinical training in mental health or intellectual   disability [mental retardation] and experienced in forensic   evaluation, to determine whether the child has a mental illness, as   defined by Section 571.003, Health and Safety Code, is a person with   an intellectual disability, [mental retardation] as defined by   Section 591.003, Health and Safety Code, or suffers from chemical   dependency, as defined by Section 464.001, Health and Safety Code.   If the examination is to include a determination of the child's   fitness to proceed, an expert may be appointed to conduct the   examination only if the expert is qualified under Subchapter B,   Chapter 46B, Code of Criminal Procedure, to examine a defendant in a   criminal case, and the examination and the report resulting from an   examination under this subsection must comply with the requirements   under Subchapter B, Chapter 46B, Code of Criminal Procedure, for   the examination and resulting report of a defendant in a criminal   case.          (b)  If, after conducting an examination of a child ordered   under Subsection (a) and reviewing any other relevant information,   there is reason to believe that the child has a mental illness or   intellectual disability [mental retardation] or suffers from   chemical dependency, the probation department shall refer the child   to the local mental health [or mental retardation] authority, to   the local intellectual and developmental disability authority, or   to another appropriate and legally authorized agency or provider   for evaluation and services, unless the prosecuting attorney has   filed a petition under Section 53.04.          (c)  If, while a child is under deferred prosecution   supervision or court-ordered probation, a qualified professional   determines that the child has a mental illness or intellectual   disability [mental retardation] or suffers from chemical   dependency and the child is not currently receiving treatment   services for the mental illness, intellectual disability [mental   retardation], or chemical dependency, the probation department   shall refer the child to the local mental health [or mental   retardation] authority, to the local intellectual and   developmental disability authority, or to another appropriate and   legally authorized agency or provider for evaluation and services.          (d)  A probation department shall report each referral of a   child to a local mental health [or mental retardation] authority,   to a local intellectual and developmental disability authority, or   to another agency or provider made under Subsection (b) or (c) to   the Texas Juvenile Justice Department in a format specified by the   department.          SECTION 5.  Section 56.01(c), Family Code, is amended to   read as follows:          (c)  An appeal may be taken:                (1)  except as provided by Subsection (n), by or on   behalf of a child from an order entered under:                      (A)  Section 54.02 respecting transfer of the   child for prosecution as an adult;                      (B)  Section 54.03 with regard to delinquent   conduct or conduct indicating a need for supervision;                      (C)  Section 54.04 disposing of the case;                      (D)  Section 54.05 respecting modification of a   previous juvenile court disposition; or                      (E)  Chapter 55 by a juvenile court committing a   child to a facility for persons with mental illness [the mentally   ill] or intellectual disabilities [intellectually disabled]; or                (2)  by a person from an order entered under Section   54.11(i)(2) transferring the person to the custody of the Texas   Department of Criminal Justice.          SECTION 6.  Sections 202.001(a) and (b), Human Resources   Code, are amended to read as follows:          (a)  The board is composed of the following nine [13] members   appointed by the governor with the advice and consent of the senate:                (1)  one member who is a district court judge of a court   designated as a juvenile court;                (2)  one member who is a member [three members who are   members] of a county commissioners court with juvenile justice   experience;                (3)  one prosecutor in juvenile court;                (4)  one chief juvenile probation officer of a juvenile   probation department serving a county with a population that   includes fewer than 7,500 persons younger than 18 years of age;                (5)  one chief juvenile probation officer of a juvenile   probation department serving a county with a population that   includes at least 7,500 but fewer than 80,000 persons younger than   18 years of age;                (6)  one chief juvenile probation officer of a juvenile   probation department serving a county with a population that   includes 80,000 or more persons younger than 18 years of age;                (7)  one adolescent mental health treatment   professional licensed under Subtitle B or I, Title 3, Occupations   Code, or a representative from a local mental health authority   designated under Chapter 533, Health and Safety Code, who has   experience working with children;                (8)  one member who is:                      (A)  an educator, as that term is defined by   Section 5.001, Education Code, with juvenile justice experience; or                      (B)  a juvenile justice professional with   experience managing a secure juvenile justice facility operated by   the department or a county; and                (9)  one member [three members] of the general public.          (b)  Members serve staggered six-year terms, with the terms   of three [four or five] members expiring on February 1 of each   odd-numbered year.          SECTION 7.  Section 202.005, Human Resources Code, is   amended to read as follows:          Sec. 202.005.  BOARD MEMBER RECUSAL.  (a)  A chief juvenile   probation officer who is a board member shall avoid the appearance   of a conflict of interest by not voting or participating in any   decision by the board that solely benefits or penalizes or   otherwise solely impacts the juvenile probation department over   which the chief juvenile probation officer has authority. The   chief juvenile probation officer may not vote or render any   decisions regarding matters of officer discipline [abuse and   neglect] presented to the board regarding the chief juvenile   probation officer's department.          (a-1)  If a juvenile justice professional is appointed as a   board member under Section 202.001(a)(8), the member shall avoid   the appearance of a conflict of interest by not voting or   participating in any decision by the board that solely benefits or   penalizes or otherwise solely impacts any juvenile probation   department or facility the professional is employed by or works for   under a contract.  The professional may not vote or render any   decisions regarding matters of officer discipline presented to the   board regarding any juvenile probation department or facility the   professional is employed by or works for under a contract.          (b)  The board may adopt recusal requirements in addition to   those described by Subsections [Subsection] (a) and (a-1),   including requirements that are more restrictive than those   described by those subsections [Subsection (a)].          SECTION 8.  Section 202.006, Human Resources Code, is   amended by amending Subsection (b) and adding Subsection (d) to   read as follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing department operations [the   legislation that created the department];                (2)  the programs, functions, rules, and budget of the   department;                (3)  the scope of and limitations on the rulemaking   authority of the board;                (4)  the results of the most recent formal audit of the   department;                (5) [(4)]  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                      (B)  other laws applicable to members of a state   policymaking body in performing their duties; and                (6) [(5)]  any applicable ethics policies adopted by   the department or the Texas Ethics Commission.          (d)  The executive director shall create a training manual   that includes the information required by Subsection (b).  The   executive director shall distribute a copy of the training manual   annually to each member of the board. Each member of the board shall   sign and submit to the executive director a statement acknowledging   that the member received and has reviewed the training manual.          SECTION 9.  Section 202.010, Human Resources Code, is   amended to read as follows:          Sec. 202.010.  SUNSET PROVISION. The Texas Juvenile Justice   Board and the Texas Juvenile Justice Department are subject to   Chapter 325, Government Code (Texas Sunset Act).  Unless continued   in existence as provided by that chapter, the board and the   department are abolished September 1, 2025 [2023].          SECTION 10.  Section 203.001, Human Resources Code, is   amended by adding Subsections (b-1), (b-2), (b-3), and (b-4) to   read as follows:          (b-1)  The board may delegate to the executive director the   board's responsibilities as the board determines appropriate.          (b-2)  In making a delegation under Subsection (b-1), the   board shall provide, as appropriate:                (1)  to the executive director with respect to each   delegation:                      (A)  clear direction;                      (B)  performance measures; and                      (C)  reporting requirements; and                (2)  to the department, sufficient oversight to ensure   that delegated responsibilities are performed according to the   mission and funding priorities described by Subsection (c).          (b-3)  The executive director is a full-time employee of the   board and shall:                (1)  perform the regular administrative functions of   the board and any other duty as the board directs; and                (2)  under the direction of the board, perform the   duties required by this subtitle or designated by the board.          (b-4)  The executive director may not perform a   discretionary or decision-making function for which the board is   solely responsible.          SECTION 11.  Section 203.002, Human Resources Code, is   amended to read as follows:          Sec. 203.002.  EXECUTIVE DIRECTOR.  (a) The board shall:                (1)  employ an executive director to administer the   department; and                (2)  supervise the director's administration of the   department.          (b)  The executive director must possess the following   minimum qualifications:                (1)  five years of experience in the field of juvenile   corrections or congregate care in an administrative capacity;                (2)  three years of experience in the field of juvenile   corrections or congregate care in an administrative capacity and a   graduate degree from an institution of higher education in a   relevant field, including penology, adolescent development,   behavior management, or rehabilitative services; or                (3)  seven years of experience in management and   administration of a government agency, institution of higher   education, or business enterprise of a size comparable to the   department.          (c)  The department shall track the frequency with which the   executive director takes the following actions as defined by   department rule:                (1)  selects a child for a conditional placement;                (2)  selects a child for a home placement;                (3)  waives the requirement for a child with a   determinate sentence to spend the child's entire minimum period of   confinement in a high-restriction facility;                (4)  waives the requirement for a child to be on   intensive supervision when initially released on parole;                (5)  authorizes early discharges for a child on parole;   or                (6)  finalizes an appeal brought by an advocacy group   or social service provider who was denied certain access to   department facilities.          (d)  The executive director shall provide the board and the   Sunset Advisory Commission at the beginning of each calendar   quarter aggregated data on the number of times each action   described by Subsection (c) was taken during the previous calendar   quarter.          SECTION 12.  Section 203.0081, Human Resources Code, is   amended by amending Subsections (a) and (e) and adding Subsection   (c-1) to read as follows:          (a)  The advisory council on juvenile services consists of:                (1)  the executive director of the department or the   executive director's designee;                (2)  the director of probation services of the   department or the director's designee;                (3)  the director of state programs and facilities of   the department or the director's designee;                (4)  the executive commissioner of the Health and Human   Services Commission or the commissioner's designee;                (5)  one representative of the county commissioners   courts appointed by the board;                (6)  two juvenile court judges appointed by the board;   [and]                (7)  seven chief juvenile probation officers appointed   by the board as provided by Subsection (b); and                (8)  the commissioner of the Department of Family and   Protective Services or the commissioner's designee.          (c-1)  The board shall adopt rules regarding:                (1)  the purpose, role, responsibility, goals, and   duration of the advisory council;                (2)  the quorum requirement for the advisory council;                (3)  training requirements for advisory council   members;                (4)  policies to avoid conflicts of interest by   advisory council members;                (5)  a periodic review process to evaluate the   continuing need for the advisory council;                (6)  policies to ensure the advisory council does not   violate any provision of Chapter 551, Government Code, applicable   to the board or the advisory council;                (7)  the appropriate level of participation from ex   officio advisory council members designated under Subsections   (a)(1)-(4); and                (8)  reporting requirements and other communication   procedures between the board and the advisory council.          (e)  The advisory council shall assist the department in:                (1)  determining the needs and problems of county   juvenile boards and probation departments;                (2)  conducting long-range strategic planning;                (3)  reviewing and proposing revisions to existing or   newly proposed standards affecting juvenile probation programs,   services, or facilities;                (4)  analyzing the potential cost impact on juvenile   probation departments of new standards proposed by the board; [and]                (5)  assessing and developing recommendations to   improve the sharing of information between agencies that serve   children, including agencies serving children in both the juvenile   justice and child welfare systems; and                (6)  advising the board on any other matter on the   request of the board.          SECTION 13.  Chapter 203, Human Resources Code, is amended   by adding Sections 203.0083, 203.0084, 203.0085, and 203.0101 to   read as follows:          Sec. 203.0083.  AUTHORITY TO ESTABLISH ADVISORY COMMITTEES.   (a)  The board by rule may establish advisory committees to make   recommendations to the board on programs, rules, and policies   administered by the board.          (b)  In establishing an advisory committee under this   section, the board shall adopt rules, including rules regarding:                (1)  the purpose, role, responsibility, goals, and   duration of the committee;                (2)  the size of and quorum requirement for the   committee;                (3)  qualifications for committee membership;                (4)  appointment procedures for members;                (5)  terms of service for members;                (6)  training requirements for members;                (7)  policies to avoid conflicts of interest by   members;                (8)  a periodic review process to evaluate the   continuing need for the committee; and                (9)  policies to ensure the committee does not violate   any provision of Chapter 551, Government Code, applicable to the   board or the committee.          (c)  The board shall establish a youth career and technical   education advisory committee and adopt rules required by Subsection   (a) for the committee. The advisory committee shall assist the   department with overseeing and coordinating vocational training   for youth in the custody of the department, including training   provided by community colleges and other local entities with which   the department may partner.          Sec. 203.0084.  RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)     The department shall develop a comprehensive set of risk factors to   use in assessing the overall risk level of the facilities and   entities inspected by the department under:                (1)  Chapter 51, Family Code;                (2)  Section 221.008 of this code; and                (3)  Subtitle C, Title 12, of this code.          (b)  The risk factors described by Subsection (a) may   include:                (1)  the entity type;                (2)  available programming;                (3)  past and repeat standards violations;                (4)  the volume and types of complaints received by the   department;                (5)  recent leadership changes;                (6)  high staff turnover;                (7)  relevant findings from the office of independent   ombudsman and the office of inspector general;                (8)  negative media attention; and                (9)  the number of months since the date of the   department's last inspection of the entity.          (c)  The department shall use the risk factors developed   under this section to guide the inspections process for facilities   and entities described by Subsection (a) by developing risk   assessment tools with clear, objective standards to use in   assessing the overall risk level of each entity.          (d)  The department may develop distinct assessment tools   under Subsection (c) for different entity types, as appropriate.          (e)  The department shall periodically review the assessment   tools developed under this section to ensure that the tools remain   up to date and meaningful, as determined by the department.          Sec. 203.0085.  RISK-BASED INSPECTIONS.  (a)  The department   shall adopt a policy prioritizing inspections conducted by the   department under:                (1)  Chapter 51, Family Code;                (2)  Section 221.008 of this code; and                (3)  Subtitle C, Title 12, of this code.          (b)  The policy under Subsection (a) must require the   department to:                (1)  prioritize the inspection of entities based on the   relative risk level of each entity; and                (2)  use the risk assessment tools established under   Section 203.0084 to determine how frequently and intensively the   department conducts risk-based inspections.          (c)  The policy under Subsection (a) may provide for the   department to use alternative inspection methods for entities   determined to be low risk, including the following methods:                (1)  desk audits of key documentation;                (2)  abbreviated inspection procedures;                (3)  videoconference technology; and                (4)  other methods that are an alternative to   conducting an in-person inspection.          (d)  On request by the department, a juvenile probation   department or a private facility under the department's   jurisdiction shall provide information to assist the department in   implementing a risk-based inspection schedule.          Sec. 203.0101.  STATISTICAL ANALYSIS OF COMPLAINTS. (a)     The department shall make available on the department's Internet   website a statistical analysis of the complaints received against   certified officers by the department.          (b)  The complaint analysis under this section must include   aggregate information on the number, source, type, and disposition   of complaints received against certified officers during the   preceding fiscal year and include the following information:                (1)  the number of certified officers by certification   type;                (2)  the number of complaints against certified   officers by certification type;                (3)  the number of complaints resolved and the manner   of resolution, including:                      (A)  the total number of agreed, default, and   board orders entered;                      (B)  the total number of cases referred for   contested case hearings by the State Office of Administrative   Hearings;                      (C)  the total number of contested cases heard by   the State Office of Administrative Hearings; and                      (D)  the total number of contested cases that were   appealed to a district court;                (4)  the average number of days required to resolve a   complaint;                (5)  a detailed analysis of the resolution for each   closed complaint, by the nature of the alleged violation; and                (6)  a detailed analysis of each closed complaint, by   source.          SECTION 14.  Section 203.013, Human Resources Code, is   amended by adding Subsection (c) to read as follows:          (c)  The executive director shall acknowledge receipt of and   discuss the results of internal audits with the board.          SECTION 15.  Section 203.017, Human Resources Code, is   amended by adding Subsections (a-1), (a-2), (b-1), and (e-1) and   amending Subsection (e) to read as follows:          (a-1)  The department shall update and submit the   regionalization plan developed under Subsection (a) to the Sunset   Advisory Commission and standing legislative committees with   primary jurisdiction over juvenile justice matters by December 1 of   each even-numbered year. Before submitting the plan, the   department must present an updated draft of the regionalization   plan to the board for public comment and board approval.          (a-2)  The department may incorporate relevant suggestions,   needs, or recommendations from the regionalization plan into   subsequent strategic plans, legislative appropriation requests,   and any other necessary document to support the plan's   implementation.          (b-1)  In addition to the requirements of Subsection (b), in   developing the regionalization plan, the department shall consult   with:                (1)  the advisory council on juvenile services;                (2)  juvenile probation departments;                (3)  regional juvenile probation associations;                (4)  advocacy groups;                (5)  parents and guardians of children under the   jurisdiction of the department;                (6)  individuals formerly involved in the juvenile   justice system; and                (7)  any other stakeholder the department determines   may be helpful.          (e)  The regionalization plan must, as applicable:                (1)  include a budget review, redirection of staff, and   funding mechanisms necessary to support the plan;                (2)  create a new division of the department   responsible for administering the regionalization plan and   monitoring program quality and accountability;                (3)  [include sufficient mechanisms to divert at least:                      [(A)  30 juveniles from commitment to secure   facilities operated by the department for the state fiscal year   beginning September 1, 2015; and                      [(B)  150 juveniles from commitment to secure   facilities operated by the department for the state fiscal year   beginning September 1, 2016; and                [(4)]  for the state fiscal year beginning September 1,   2017, and each subsequent state fiscal year, include any savings   that are generated by the decreases in the population of the secure   facilities operated by the department under Subtitle C that exceed   the cost of implementing the plan;                (4)  include information on:                      (A)  the department's compliance with statutory   regionalization requirements; and                      (B)  internal goals for diverting children from   commitment to the department; and                (5)  include specific, actionable steps regarding how   the department will enhance regional capacity, coordination, and   collaboration among juvenile probation departments to keep   children closer to home as an alternative to commitment to the   department's facilities while ensuring access to programs and the   supervision necessary to maintain public safety.          (e-1)  In developing the steps under Subsection (e)(5), the   department shall consider:                (1)  options to target or expand funding for juvenile   probation departments to enhance community-based programs and   maximize the use of existing juvenile justice beds;                (2)  opportunities to use financial and other   incentives to encourage diversion, facilitate cooperation within   and across the regions established under Subsection (c), and   emphasize the benefits of sharing available resources among   counties;                (3)  plans for creating additional capacity to minimize   gaps in juvenile justice beds and services at the local level,   including the expansion or development of beds and facilities   designated specifically for regional use; and                (4)  processes for downsizing, closing, or repurposing   large state secure facilities to shift toward a more regionally   based juvenile justice system.          SECTION 16.  Section 203.018(e), Human Resources Code, is   amended to read as follows:          (e)  The department or any local probation department may   [not] use or contract with a facility that was constructed or   previously used for the confinement of adult offenders if the   department determines that the facility is appropriately   retrofitted to accommodate youth-specific requirements and needs.          SECTION 17.  Chapter 203, Human Resources Code, is amended   by adding Section 203.0185 to read as follows:          Sec. 203.0185.  RESOURCE MAPPING. (a)  The department shall   partner with one or more public or private institutions of higher   education to inventory and map resources available for children in   the juvenile justice system. To determine the types of information   the department requires to timely identify and address resource,   program, and service gaps in probation regions that result in   commitments to department secure facilities, the department shall   consult with:                (1)  institutions of higher education;                (2)  the advisory council on juvenile services; and                (3)  other relevant stakeholders.          (b)  The board shall adopt rules requiring juvenile   probation departments, at useful and reasonable intervals, to   report to the department relevant information on resource, program,   and service gaps identified under Subsection (a), including   information on:                (1)  the needs of children committed to the department   that are not being met with community resources; and                (2)  the types of resources, programs, and services   that, if available in the community, may allow juvenile probation   departments to keep children closer to home as an alternative to   commitment to the department.          SECTION 18.  Section 221.002, Human Resources Code, is   amended by adding Subsection (d-1) to read as follows:          (d-1)  In adopting rules under Subsection (a)(4), the board   shall authorize a juvenile probation department to house a child   committed to the department in a pre-adjudication secure detention   facility or a post-adjudication secure correctional facility as the   child awaits transfer to the department.          SECTION 19.  Section 221.056(a), Human Resources Code, is   amended to read as follows:          (a)  The department may contract with a local mental health   [and mental retardation] authority for the establishment of a   residential treatment facility for juveniles with mental illness or   emotional injury who, as a condition of juvenile probation, are   ordered by a court to reside at the facility and receive education   services at the facility. The department may work in cooperation   with the local mental health [and mental retardation] authority to   provide mental health residential treatment services for juveniles   residing at a facility established under this section.          SECTION 20.  Section 222.001, Human Resources Code, is   amended by amending Subsection (a) and adding Subsection (b-1) 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 department; 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 department 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 department;                (2) [(5)]  have passed the tests or examinations   required by the department; and                (3) [(6)]  possess the level of certification required   by the department.          (b-1)  The department by rule shall establish, with input   from the advisory council on juvenile services and other relevant   stakeholders, the minimum education and experience requirements a   person must meet to be eligible for a juvenile probation officer   certification. Rules adopted by the department under this   subsection must be the least restrictive rules possible to ensure   certified juvenile probation officers are qualified to protect   children and public safety without creating barriers to entry into   the profession.          SECTION 21.  Section 222.002, Human Resources Code, is   amended to read as follows:          Sec. 222.002.  MINIMUM STANDARDS FOR DETENTION OFFICERS.  To   be eligible for appointment as a detention officer, a person who was   not employed as a detention officer before September 1, 2005, must:                (1)  [be of good moral character;                [(2)]  be at least 21 years of age;                (2) [(3)]  have acquired a high school diploma or its   equivalent;                (3) [(4)]  have satisfactorily completed the course of   preservice training or instruction required by the department;                (4) [(5)]  have passed the tests or examinations   required by the department; and                (5) [(6)]  possess the level of certification required   by the department.          SECTION 22.  Subchapter B, Chapter 222, Human Resources   Code, is amended by adding Sections 222.0521 and 222.0522 to read as   follows:          Sec. 222.0521.  APPLICATION OF CERTAIN LAW. Chapter 53,   Occupations Code, applies to the issuance of a certification issued   by the department.          Sec. 222.0522.  PROVISIONAL CERTIFICATION. (a)  The   department may issue a provisional certification to an employee of   a juvenile probation department or a private facility that houses   youth on probation until the employee is certified under Section   222.001, 222.002, or 222.003, as applicable.          (b)  The department shall adopt rules to implement   Subsection (a), including rules regarding eligibility for   provisional certification and application procedures.          SECTION 23.  Section 223.001, Human Resources Code, is   amended by adding Subsections (a-1), (a-2), and (d-1) and amending   Subsection (c) to read as follows:          (a-1)  The department may incorporate as factors in the basic   probation funding formula under Subsection (a) measures that create   incentives for diverting children from the juvenile justice system.   The department may prioritize factors for which the department   collects relevant information.  The board may adopt rules   establishing and defining the factors under this subsection.          (a-2)  When revising the basic probation funding formula   under Subsection (a), the department shall consult and coordinate   with relevant stakeholders, including:                (1)  the advisory council on juvenile services; and                (2)  the Legislative Budget Board.          (c)  The department shall set aside a portion of the funds   appropriated to the department for discretionary state aid to fund   programs designed to address special needs or projects of local   juvenile boards, including projects dedicated to specific target   populations based on risk and needs, and with established   recidivism reduction goals.  The department shall develop   discretionary grant funding protocols based on documented,   data-driven, and research-based practices.  The department may   incorporate incentives into the discretionary grant funding   protocols that encourage collaboration between juvenile probation   departments.          (d-1)  The board, in consultation with the advisory council   on juvenile services, shall adopt rules requiring a juvenile   probation department to apply for the placement of a child in a   regional specialized program before a juvenile court commits the   child to the department's custody under Chapter 54, Family Code.   The board by rule may establish exceptions to this requirement for   offenses or circumstances the department considers inappropriate   for diversion from commitment to state custody.          SECTION 24.  Chapter 241, Human Resources Code, is amended   by adding Section 241.009 to read as follows:          Sec. 241.009.  COMMITMENT INFORMATION. (a)  Not later than   October 1 of each year, the department shall publish on the   department's Internet website aggregated information on the number   of children committed to the department during the previous fiscal   year, categorized by:                (1)  committing offense level;                (2)  sentence type;                (3)  age; and                (4)  sex.          (b)  The department shall publish quarterly on the   department's Internet website end-of-month data described by   Subsection (a), aggregated for all children committed to the   department and for children placed in each secure facility and   halfway house.          (c)  The department shall ensure that information regarding   an individual child cannot be identified in any of the aggregated   information published under this section.          SECTION 25.  The heading to Section 242.002, Human Resources   Code, is amended to read as follows:          Sec. 242.002.  [EVALUATION OF] TREATMENT PROGRAMS;   AVAILABILITY.          SECTION 26.  Sections 242.002(c) and (d), Human Resources   Code, are amended to read as follows:          (c)  The department shall offer or make available programs   for the rehabilitation and reestablishment in society of children   committed to the department, including programs for females and for   sex offenders, capital offenders, children who are chemically   dependent, and children with mental illness, [described by   Subsection (a)] in an adequate manner so that a child in the custody   of the department receives appropriate rehabilitation services   recommended for the child by the court committing the child to the   department.          (d)  If the department is unable to offer or make available   programs described by [Subsection (a) in the manner provided by]   Subsection (c), the department shall, not later than December 31 of   each even-numbered year, provide the standing committees of the   senate and house of representatives with primary jurisdiction over   matters concerning correctional facilities with a report   explaining:                (1)  which programs are not offered or are unavailable;   and                (2)  the reason the programs are not offered or are   unavailable.          SECTION 27.  Section 242.056(a), Human Resources Code, is   amended to read as follows:          (a)  The department shall allow advocacy and support groups   whose primary functions are to benefit children, inmates, girls and   women, persons with mental illness [the mentally ill], or victims   of sexual assault to provide on-site information, support, and   other services for children confined in department facilities.          SECTION 28.  Section 242.102, Human Resources Code, is   amended by adding Subsection (c-1) to read as follows:          (c-1)  The board by rule shall require any findings related   to an administrative investigation under Subsection (a)(2) to be   reviewed for legal sufficiency before being made public.          SECTION 29.  Section 243.001, Human Resources Code, is   amended by adding Subsection (d) to read as follows:          (d)  The department shall place a child in the most   restrictive setting appropriate as the child awaits an adjudication   or prosecution for conduct constituting a felony of the first or   second degree while in the department's custody. The board by rule   shall establish placement procedures that guide the department in   determining the most appropriate setting for the child based on   rehabilitative needs while preserving due process rights.          SECTION 30.  The heading to Section 244.011, Human Resources   Code, is amended to read as follows:          Sec. 244.011.  CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL   DISABILITIES [MENTAL RETARDATION].          SECTION 31.  Sections 244.011(a), (b), (e), (f), and (g),   Human Resources Code, are amended to read as follows:          (a)  The department shall accept a child with mental illness   or intellectual disabilities who is committed to the department   [who is mentally ill or mentally retarded].          (b)  Unless the [a] child is committed to the department   under a determinate sentence under Section 54.04(d)(3), 54.04(m),   or 54.05(f), Family Code, the department shall discharge a child   with mental illness or intellectual disabilities [who is mentally   ill or mentally retarded] from its custody if:                (1)  the child has completed the minimum length of stay   for the child's committing offense; and                (2)  the department determines that the child is unable   to progress in the department's rehabilitation programs because of   the child's mental illness or intellectual disabilities [mental   retardation].          (e)  If a child who is discharged from the department under   Subsection (b) as a result of an intellectual disability [mental   retardation] is not receiving intellectual disability [mental   retardation] services, the child's discharge is effective on the   earlier of:                (1)  the date the court enters an order regarding an   application for intellectual disability [mental retardation]   services filed under Section 244.012(b); or                (2)  the 30th day after the date that the application is   filed.          (f)  If a child who is discharged from the department under   Subsection (b) as a result of an intellectual disability [mental   retardation] is receiving intellectual disability [mental   retardation] services, the child's discharge from the department   is effective immediately.          (g)  If a child with mental illness or intellectual   disabilities [who is mentally ill or mentally retarded] is   discharged from the department under Subsection (b), the child is   eligible to receive continuity of care services from the Texas   Correctional Office on Offenders with Medical or Mental Impairments   under Chapter 614, Health and Safety Code.          SECTION 32.  Section 244.012, Human Resources Code, is   amended to read as follows:          Sec. 244.012.  EXAMINATION BEFORE DISCHARGE.  (a)  The   department shall establish a system that identifies children with   mental illness or intellectual disabilities in the department's   custody [who are mentally ill or mentally retarded].          (b)  Before a child with mental illness [who is identified as   mentally ill] is discharged from the department's custody under   Section 244.011(b), a department psychiatrist shall examine the   child.  The department shall refer a child requiring outpatient   psychiatric treatment to the appropriate mental health authority.     For a child requiring inpatient psychiatric treatment, the   department shall file a sworn application for court-ordered mental   health services, as provided in Subchapter C, Chapter 574, Health   and Safety Code, if:                (1)  the child is not receiving court-ordered mental   health services; and                (2)  the psychiatrist who examined the child determines   that the child is a child with mental illness [mentally ill] and the   child meets at least one of the criteria listed in Section 574.034   or 574.0345, Health and Safety Code.          (c)  Before a child who is identified as having an   intellectual disability [mentally retarded] under Chapter 593,   Health and Safety Code, is discharged from the department's custody   under Section 244.011(b), the department shall refer the child for   intellectual disability [mental retardation] services if the child   is not receiving intellectual disability [mental retardation]   services.          SECTION 33.  Section 244.014, Human Resources Code, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  After a child sentenced to commitment under Section   54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years   of age but before the child becomes 19 years of age, the department   shall 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:                (1)  the child has not completed the sentence;                (2)  while the child was committed to the custody of the   department, the child was subsequently adjudicated or convicted for   conduct constituting a felony of the first or second degree or an   offense punishable under Section 22.01(b)(1), Penal Code; and                (3)  the child was at least 16 years of age at the time   the conduct occurred.          SECTION 34.  Sections 245.0535(h) and (i), Human Resources   Code, are amended to read as follows:          (h)  The department shall conduct and coordinate research:                (1)  to determine whether the comprehensive reentry and   reintegration plan developed under this section reduces recidivism   rates; and                (2)  to review the effectiveness of the department's   programs for the rehabilitation and reestablishment in society of   children committed to the department, including programs for   females and for sex offenders, capital offenders, children who are   chemically dependent, and children with mental illness.          (i)  Not later than December 31 of each even-numbered year,   the department 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, the   Legislative Budget Board, and the standing committees of each house   of the legislature with primary jurisdiction over juvenile justice   and corrections.          SECTION 35.  Section 261.002, Human Resources Code, is   amended to read as follows:          Sec. 261.002.  ESTABLISHMENT; PURPOSE.  The office of   independent ombudsman is a state agency established for the purpose   of investigating, evaluating, and securing the rights of [the]   children:                (1)  committed to the department, including a child   released under supervision before final discharge; and                (2)  adjudicated for conduct that constitutes an   offense and placed in a facility operated by or contracted with a   juvenile probation department or juvenile board.          SECTION 36.  Section 261.056(a), Human Resources Code, is   amended to read as follows:          (a)  The department shall allow any child committed to the   department or adjudicated for conduct that constitutes an offense   and placed in a facility operated by or contracted with a juvenile   probation department or juvenile board to communicate with the   independent ombudsman or an assistant to the ombudsman.  The   communication:                (1)  may be in person, by mail, or by any other means;   and                (2)  is confidential and privileged.          SECTION 37.  Section 261.057, Human Resources Code, is   amended to read as follows:          Sec. 261.057.  PROMOTION OF AWARENESS OF OFFICE.  The   independent ombudsman shall promote awareness among the public and   the children committed to the department or adjudicated for conduct   that constitutes an offense and placed in a facility operated by or   contracted with a juvenile probation department or juvenile board   of:                (1)  how the office may be contacted;                (2)  the purpose of the office; and                (3)  the services the office provides.          SECTION 38.  Section 261.061(c), Human Resources Code, is   amended to read as follows:          (c)  The office shall periodically notify the complaint   parties of the status of the complaint until final disposition   unless the notice would jeopardize an investigation.          SECTION 39.  Section 261.101, Human Resources Code, is   amended by amending Subsection (a) and adding Subsection (g) to   read as follows:          (a)  The independent ombudsman shall:                (1)  review the procedures established by the board and   evaluate the delivery of services to children to ensure that the   rights of children are fully observed;                (2)  review complaints filed with the independent   ombudsman concerning the actions of the department, juvenile   probation departments, or other entities operating facilities in   which children adjudicated for conduct that constitutes an offense   are placed and investigate each complaint in which it appears that a   child may be in need of assistance from the independent ombudsman;                (3)  conduct investigations of complaints, other than   complaints alleging criminal behavior, if the office determines   that:                      (A)  a child committed to the department, a child   adjudicated for conduct that constitutes an offense and placed in a   facility operated by or contracted with a juvenile probation   department or juvenile board, or the child's family may be in need   of assistance from the office; or                      (B)  a systemic issue raised in a complaint about    the [department's] provision of services to children by the   department, juvenile probation departments, or other entities   operating facilities in which children adjudicated for conduct that   constitutes an offense are placed [is raised by a complaint];                (4)  review or inspect periodically the facilities and   procedures of any institution or residence in which a child   adjudicated for conduct that constitutes an offense has been placed   by the department or a juvenile probation department, whether   public or private, to ensure that the rights of children are fully   observed;                (5)  provide assistance to a child or family who the   independent ombudsman determines is in need of assistance,   including advocating with an agency, provider, or other person in   the best interests of the child;                (6)  review court orders as necessary to fulfill its   duties;                (7)  recommend changes in any procedure relating to the   treatment of children committed to the department or adjudicated   for conduct that constitutes an offense and placed in a facility   operated by or contracted with a juvenile probation department or   juvenile board;                (8)  make appropriate referrals under any of the duties   and powers listed in this subsection;                (9)  supervise assistants who are serving as advocates   in internal administrative and disciplinary hearings by   representing [in their representation of] children committed to the   department or adjudicated for conduct that constitutes an offense   and placed in a facility operated by or contracted with a juvenile   probation department or juvenile board [internal administrative   and disciplinary hearings];                (10)  review reports received by the department   relating to complaints regarding juvenile probation programs,   services, or facilities and analyze the data contained in the   reports to identify trends in complaints;                (11)  report a possible standards violation by a   [local] juvenile probation department to the appropriate division   of the department; and                (12)  immediately report the findings of any   investigation related to the operation of a post-adjudication   correctional facility in a county to the chief juvenile probation   officer and the juvenile board of the county.          (g)  The department and juvenile probation departments shall   notify the office regarding any private facility described by   Subsection (f)(1) with which the department or the juvenile   probation department contracts to place children adjudicated as   having engaged in conduct indicating a need for supervision or   delinquent conduct.  The report under this subsection must be made   annually and updated at the time a new contract is entered into with   a facility described by this subsection.  The office shall adopt   rules to implement the reporting requirements under this   subsection, including the specific times the report must be made.          SECTION 40.  Section 261.102, Human Resources Code, is   amended to read as follows:          Sec. 261.102.  TREATMENT OF [DEPARTMENT] EMPLOYEES WHO   COOPERATE WITH INDEPENDENT OMBUDSMAN.  The department, a juvenile   probation department, or another entity operating a facility in   which children adjudicated for conduct that constitutes an offense   are placed may not discharge or in any manner discriminate or   retaliate against an employee who in good faith makes a complaint to   the office of independent ombudsman or cooperates with the office   in an investigation.          SECTION 41.  Subchapter C, Chapter 261, Human Resources   Code, is amended by adding Sections 261.105 and 261.106 to read as   follows:          Sec. 261.105.  RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)     The office shall develop a comprehensive set of risk factors to use   in assessing the overall risk level of facilities and entities   described by Section 261.101(f) and of department parole offices.     The risk factors may include:                (1)  the entity type;                (2)  past and repeat children's rights violations;                (3)  the volume and types of complaints received by the   office;                (4)  recent changes in a facility or parole office   leadership;                (5)  high staff turnover;                (6)  relevant investigations by the office of the   inspector general of the department;                (7)  negative media attention; and                (8)  the number of months since the date of the office's   last inspection of the entity.          (b)  The office shall use the risk factors developed under   this section to guide the inspections of facilities and entities   described by Section 261.101(f), and of department parole offices,   by developing risk assessment tools with clear, objective standards   to use in assessing the overall risk level of each facility, entity,   or parole office.          (c)  The office may develop distinct assessment tools under   Subsection (b) for different entity types, as appropriate.          (d)  The office shall periodically review the assessment   tools developed under this section to ensure that the tools remain   up to date and meaningful, as determined by the office.          Sec. 261.106.  RISK-BASED INSPECTIONS.  (a)  The office   shall adopt a policy prioritizing the inspection of facilities   conducted under Section 261.101(f) and of department parole offices   based on the relative risk level of each entity.          (b)  The policy under Subsection (a) must require the office   to use the risk assessment tools established under Section 261.105   to determine how frequently and intensively the office conducts   risk-based inspections.          (c)  The policy under Subsection (a) may provide for the   office to use alternative inspection methods for entities   determined to be low risk, including the following methods:                (1)  desk audits of key documentation;                (2)  abbreviated inspection procedures;                (3)  videoconference technology; and                (4)  other methods that are an alternative to   conducting an in-person inspection.          (d)  On request by the office, the department, a juvenile   probation department, or a private facility under the office's   jurisdiction shall provide information to assist the office in   implementing a risk-based inspection schedule.          SECTION 42.  Section 261.151(c), Human Resources Code, is   amended to read as follows:          (c)  A local law enforcement agency shall allow the   independent ombudsman access to its records relating to any child   in the care or custody of the department or any child adjudicated   for conduct that constitutes an offense and placed in a facility   operated by or contracted with a juvenile probation department or   juvenile board.          SECTION 43.  Section 261.152, Human Resources Code, is   amended to read as follows:          Sec. 261.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.     The independent ombudsman shall have access to the records of a   private entity that relate to a child committed to the department or   a child adjudicated for conduct that constitutes an offense and   placed in a private facility contracted with a juvenile probation   department or juvenile board.          SECTION 44.  Subchapter D, Chapter 261, Human Resources   Code, is amended by adding Section 261.153 to read as follows:          Sec. 261.153.  ACCESS TO INFORMATION OF JUVENILE PROBATION   DEPARTMENTS. The independent ombudsman shall have access to the   records of a juvenile probation department that relate to a child   adjudicated for conduct that constitutes an offense and placed in a   facility operated by or contracted with a juvenile probation   department or juvenile board.          SECTION 45.  The following provisions of the Human Resources   Code are repealed:                (1)  Sections 222.001(b) and (f);                (2)  Sections 242.002(a) and (b); and                (3)  Section 246.002.          SECTION 46.  (a)  Not later than January 1, 2024, the Texas   Juvenile Justice Department shall repeal any rule requiring that an   individual must be of good moral character to qualify for a   department certification.          (b)  Not later than December 1, 2024, the Texas Juvenile   Justice Department shall submit the first updated regionalization   plan required by Section 203.017(a-1), Human Resources Code, as   added by this Act.          SECTION 47.  (a)  Notwithstanding Section 202.001(b), Human   Resources Code, as amended by this Act, and except as otherwise   provided by this subsection, the term for a member of the Texas   Juvenile Justice Board serving on September 1, 2023, expires on   that date.  A board member serving on that date may continue to   serve as a member of the board until a majority of appointments to   the board are made under Subsection (b) of this section.  A member   of the board described by this subsection is eligible for   reappointment under Subsection (b) of this section.          (b)  In making the initial appointments to the board   according to the changes in law made by this Act to Section 202.001,   Human Resources Code, the governor shall designate:                (1)  three members to serve terms expiring February 1,   2025;                (2)  three members to serve terms expiring February 1,   2027; and                (3)  three members to serve terms expiring February 1,   2029.          SECTION 48.  (a) Except as provided by Subsection (b) of   this section, Section 202.006, Human Resources Code, as amended by   this Act, applies to a member of the Texas Juvenile Justice Board   appointed before, on, or after the effective date of this Act.          (b)  A member of the Texas Juvenile Justice Board who before   the effective date of this Act completed the training program   required by Section 202.006, Human Resources Code, as that law   existed before the effective date of this Act, is only required to   complete additional training on the subjects added by this Act to   the training program required by Section 202.006, Human Resources   Code. A board member described by this subsection may not vote,   deliberate, or be counted as a member in attendance at a meeting of   the board held on or after December 1, 2023, until the member   completes the additional training.          SECTION 49.  (a)  For purposes of Section 202.010, Human   Resources Code, as amended by this Act, the Sunset Advisory   Commission shall conduct a limited-scope review of the Texas   Juvenile Justice Department for the 89th Legislature.          (b)  In conducting the limited-scope review under this   section, the Sunset Advisory Commission staff evaluation and report   must:                (1)  review the implementation of the Sunset Advisory   Commission's recommendations adopted by the commission and   statutory recommendations for the Texas Juvenile Justice   Department and the office of independent ombudsman for the Texas   Juvenile Justice Department made to the 88th Legislature;                (2)  identify the barriers to implementing the   recommendations under Subdivision (1) of this subsection;                (3)  identify any changes needed to improve   coordination between the Texas Juvenile Justice Department and the   Texas Department of Criminal Justice, particularly for children   transferred from the custody of the Texas Juvenile Justice   Department to the custody of the Texas Department of Criminal   Justice; and                (4)  review the decision-making processes involving   the Texas Juvenile Justice Board and executive director to evaluate   any needed changes in board engagement, delegation of duties, staff   discretion, and transparency.          (c)  The Sunset Advisory Commission's recommendations to the   89th Legislature may include any recommendation the commission   considers appropriate based on the limited-scope review conducted   under this section.          SECTION 50.  This Act takes effect September 1, 2023.