88R13519 SHH-D     By: Wu, Reynolds, Thompson of Harris, Moody H.B. No. 3176       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a youthful offender pilot court   program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle K, Title 2, Government Code, is amended   by adding Chapter 127 to read as follows:   CHAPTER 127. YOUTHFUL OFFENDER PILOT COURT PROGRAM          Sec. 127.001.  YOUTHFUL OFFENDER PILOT COURT PROGRAM;   PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youthful   offender pilot court program" means a program that has the   following essential characteristics:                (1)  the integration of services in the processing of   cases in the judicial system;                (2)  the use of a nonadversarial approach involving   prosecutors and defense attorneys to promote public safety and to   protect the due process rights of program participants;                (3)  early identification and prompt placement of   eligible participants in the program;                (4)  access to a continuum of counseling, mental   health, alcohol, controlled substance, and other related treatment   and rehabilitative services;                (5)  careful monitoring of treatment and services   provided to program participants;                (6)  a coordinated strategy to govern program responses   to participants' compliance;                (7)  ongoing judicial interaction with program   participants;                (8)  monitoring and evaluation of program goals and   effectiveness;                (9)  continuing interdisciplinary education to promote   effective program planning, implementation, and operations;                (10)  development of partnerships with public agencies   and community organizations; and                (11)  inclusion of a participant's family members who   agree to be involved in the treatment and services provided to the   participant under the program.          (b)  If a defendant successfully completes a youthful   offender pilot court program, after notice to the attorney   representing the state and a hearing in the youthful offender pilot   court at which that court determines that a dismissal is in the best   interest of justice, the court in which the criminal case is pending   shall dismiss the case against the defendant.          Sec. 127.002.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.   (a) The commissioners court of a county may establish a youthful   offender pilot court program for persons arrested for or charged   with an offense that is punishable as a felony, other than an   offense listed in Article 42A.054(a), Code of Criminal Procedure.          (b)  A defendant is eligible to participate in the youthful   offender pilot court program established under this chapter only if   the defendant was at least 17 years of age but younger than 22 years   of age at the time of the offense.          (c)  The court in which the criminal case is pending shall   allow an eligible defendant to choose whether to proceed through   the youthful offender pilot court program or otherwise through the   criminal justice system.          Sec. 127.003.  DUTIES OF YOUTHFUL OFFENDER PILOT COURT   PROGRAM. (a) A youthful offender pilot court program established   under this chapter must:                (1)  ensure that a defendant eligible for participation   in the program is provided legal counsel before electing to proceed   through the program and while participating in the program;                (2)  allow a participant to withdraw from the program   at any time before a trial on the merits has been initiated; and                (3)  provide a participant with a court-ordered   individualized plan indicating the services that will be provided   to the participant.          (b)  A youthful offender pilot court program established   under this chapter shall make, establish, and publish local   procedures to ensure maximum participation of eligible defendants   in the program.          (c)  A youthful offender pilot court program may allow a   participant to comply with the participant's court-ordered   individualized plan or to fulfill certain other court obligations   through the use of videoconferencing software or other   Internet-based communications.          Sec. 127.004.  REPORT. Not later than December 1, 2024, the   commissioners court of a county that establishes a youthful   offender pilot court program under this chapter shall submit a   report to the governor, the lieutenant governor, the speaker of the   house of representatives, and the standing committees of the   legislature with primary jurisdiction over criminal justice   matters, regarding the effectiveness of the program at enhancing   judicial compliance and decreasing recidivism of youthful   offenders.  The report must include the commissioners court's   recommendation on whether the program should be continued.          Sec. 127.005.  EXPIRATION.  This chapter expires September   1, 2025.          SECTION 2.  This Act takes effect September 1, 2023.