89R19681 CJD-D     By: Thompson H.B. No. 31       A BILL TO BE ENTITLED   AN ACT   relating to procedures related to juvenile justice proceedings and   to the treatment of children detained in or committed to a juvenile   facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.02, Family Code, is amended by adding   Subdivision (7-a) to read as follows:                (7-a) "Mitigating evidence" means evidence presented at   a proceeding under this title that:                      (A)  is used to assess the growth and maturity of a   child; and                      (B)  takes into consideration:                            (i)  the diminished culpability of   juveniles, as compared to that of adults;                            (ii)  the hallmark features of youth; and                            (iii)  the greater capacity of juveniles for   change, as compared to that of adults.          SECTION 2.  Chapter 51, Family Code, is amended by adding   Sections 51.22, 51.23, and 51.24 to read as follows:          Sec. 51.22.  USE OF CHEMICAL DISPENSING DEVICE IN JUVENILE   FACILITY PROHIBITED. (a) In this section:                (1)  "Chemical dispensing device" means a device that   is designed, made, or adapted for the purpose of dispensing a   substance capable of causing an adverse psychological or   physiological effect on a human being. The term includes pepper   spray, capsicum spray, OC gas, and oleoresin capsicum.                (2)  "Juvenile facility" has the meaning assigned by   Section 39.04, Penal Code.          (b)  An employee, contractor, volunteer, intern, or service   provider working in a juvenile facility may not use a chemical   dispensing device against a child in the facility.          Sec. 51.23.  ANNUAL USE OF FORCE AUDIT. (a) In this   section:                (1)  "Chemical dispensing device" has the meaning   assigned by Section 51.22.                (2)  "Department" means the Texas Juvenile Justice   Department.                (3)  "Juvenile facility" has the meaning assigned by   Section 39.04, Penal Code.          (b)  The department shall annually conduct an audit of use   of force incidents to identify patterns, deficiencies, or instances   of noncompliance with de-escalation protocols and the prohibition   on chemical dispensing devices in juvenile facilities.          (c)  The administrator of a juvenile facility operated by or   under contract with a juvenile board or other local governmental   unit shall annually report to the department data regarding use of   force incidents in the facility. An administrator shall make the   report required by this subsection in a form and by a date   prescribed by the department.           (d)  Not later than August 31 of each year, the department   shall deliver a report to the legislature regarding the findings of   the audit conducted under Subsection (b).           (e)  The department shall timely post on the department's   Internet website the audit findings and aggregate data collected   during the audit.          Sec. 51.24.  SOLITARY CONFINEMENT; REPORT. (a) In this   section:                (1)  "Department" means the Texas Juvenile Justice   Department.                (2)  "Juvenile facility" has the meaning assigned by   Section 39.04, Penal Code.                (3)  "Solitary confinement" means, with respect to a   child in a juvenile facility, the involuntary separation of the   child from other children placed in the facility in an area or room   from which the child is prevented from leaving. The term does not   include the involuntary separation of the child for a medical   purpose.          (b)  A juvenile facility may not place a child in solitary   confinement unless:                (1)  the child poses an immediate risk of physical harm   to the child's self or another;                (2)  placement in solitary confinement does not violate   principles of trauma-informed care and does not interfere with   de-escalation strategies;                (3)  all other less restrictive methods of addressing   the immediate risk of physical harm have been exhausted; and                (4)  the child is placed in solitary confinement for a   period that does not exceed the shortest period permitted for   placement of a child in solitary confinement by a state or federal   law, including an administrative rule.          (c)  The administrator or superintendent of a juvenile   facility shall:                (1)  create a report documenting each instance a child   in the facility is placed in solitary confinement and include in the   report:                      (A)  the reason for the placement;                      (B)  the duration of the placement; and                      (C)  any intervention attempted before the child   was placed in solitary confinement; and                (2)  annually submit the report under Subdivision (1)   to the department.          (d)  The department shall monitor and enforce compliance   with the requirements of this section by regularly auditing and   reviewing juvenile facility practices related to placing children   in solitary confinement.          SECTION 3.  Section 54.02, Family Code, is amended by   amending Subsections (a), (d), (f), (h), (l), and (n) and adding   Subsections (d-1) and (d-2) to read as follows:          (a)  The juvenile court may waive its exclusive original   jurisdiction and transfer a child to the appropriate district court   or criminal district court for criminal proceedings if:                (1)  the child is alleged to have violated a penal law   of the grade of felony;                (2)  the child was:                      (A)  14 years of age or older at the time the child   [he] is alleged to have committed the offense, if the offense is a   capital felony[, an aggravated controlled substance felony, or a   felony of the first degree,] and no adjudication hearing has been   conducted concerning that offense; or                      (B)  15 years of age or older at the time the child   is alleged to have committed the offense, if:                            (i)  the offense is a violation of Section   19.02 or 22.011, Penal Code, or the petition for the offense alleges   that the child engaged in conduct that constitutes habitual felony   conduct as described by Section 51.031 of this code; [of the second   or third degree or a state jail felony,] and                            (ii)  no adjudication hearing has been   conducted concerning the [that] offense; and                (3)  after a full investigation and a hearing, the   juvenile court determines that there is probable cause to believe   that the child before the court committed the offense or engaged in   the conduct constituting habitual felony conduct alleged, as   applicable, and that because of the seriousness of the offense or   conduct alleged or the background of the child the welfare of the   community requires criminal proceedings.          (d)  Prior to the hearing, the juvenile court shall admonish   the child in open court and in the presence of the child's attorney   regarding:                (1)  the court's consideration of waiving its   jurisdiction over the child and transferring the child to criminal   court for criminal proceedings; and                (2)  the child's right to participate or to decline to   participate in any diagnostic study, social evaluation, or   investigation ordered by the juvenile court under Subsection (d-1).          (d-1)  After the admonishment under Subsection (d), the   juvenile court shall order [and obtain] a complete diagnostic   study, social evaluation, and full investigation of the child, the   child's [his] circumstances, and the circumstances of the alleged   offense and shall set the date of the transfer hearing. If the   child declines to participate in a study, evaluation, or   investigation, the child's attorney shall state the refusal to the   court in open court or in writing not later than the fifth business   day after the date the court ordered the study, evaluation, or   investigation.          (d-2)  In a hearing under this section, a presumption exists   that it is in the best interest of the child and of justice that the   juvenile court retain jurisdiction over the child. The burden is on   the state to overcome this presumption.          (f)  In making the determination required by Subsection (a)   of this section, the court shall consider, among other matters:                (1)  whether the alleged offense was against person or   property, with greater weight in favor of transfer given to   offenses against the person;                (2)  the sophistication and maturity of the child;                (3)  the record and previous history of the child;   [and]                (4)  the prospects of adequate protection of the public   and the likelihood of the rehabilitation of the child by use of   procedures, services, and facilities currently available to the   juvenile court;                (5)  the substantive requirements for waiving   jurisdiction;                (6)  relevant information ascertained in the full   investigation of the child; and                (7)  the benefits or harm of retaining the child in the   juvenile justice system.          (h)  If the juvenile court waives jurisdiction, it shall   state specifically in the order its reasons for waiver. The   statement of reasons must set forth a rational basis for the waiver   of jurisdiction, with sufficient specificity to permit meaningful   review, and must include case-specific findings of fact that do not   rely solely on the nature or seriousness of the offense. The court   shall [and] certify its action, including the written order and   findings of the court, and shall transfer the person to the   appropriate court for criminal proceedings and cause the results of   the diagnostic study of the person ordered under Subsection (d-1)   [(d)], including psychological information, to be transferred to   the appropriate criminal prosecutor. On transfer of the person for   criminal proceedings, the person shall be dealt with as an adult and   in accordance with the Code of Criminal Procedure, except that if   detention in a certified juvenile detention facility is authorized   under Section 152.0015, Human Resources Code, the juvenile court   may order the person to be detained in the facility pending trial or   until the criminal court enters an order under Article 4.19, Code of   Criminal Procedure. A transfer of custody made under this   subsection is an arrest.          (l)  The juvenile court shall conduct a hearing without a   jury to consider waiver of jurisdiction under Subsection (j).   Except as otherwise provided by this subsection, a waiver of   jurisdiction under Subsection (j) may be made without the necessity   of conducting the diagnostic study [or complying with the   requirements of discretionary transfer proceedings] under   Subsection (d-1) [(d)]. If requested by the attorney for the person   at least 10 days before the transfer hearing, the court shall order   that the person be examined pursuant to Section 51.20(a) and that   the results of the examination be provided to the attorney for the   person and the attorney for the state at least five days before the   transfer hearing.          (n)  A mandatory transfer under Subsection (m) may be made   without conducting the study required in discretionary transfer   proceedings by Subsection (d-1) [(d)]. The requirements of   Subsection (b) that the summons state that the purpose of the   hearing is to consider discretionary transfer to criminal court   does not apply to a transfer proceeding under Subsection (m). In a   proceeding under Subsection (m), it is sufficient that the summons   provide fair notice that the purpose of the hearing is to consider   mandatory transfer to criminal court.          SECTION 4.  Section 54.04, Family Code, is amended by   amending Subsection (d) and adding Subsection (s) to read as   follows:          (d)  If the court or jury makes the finding specified in   Subsection (c) allowing the court to make a disposition in the case:                (1)  the court or jury may, in addition to any order   required or authorized under Section 54.041 or 54.042, place the   child on probation on such reasonable and lawful terms as the court   may determine:                      (A)  in the child's own home or in the custody of a   relative or other fit person; or                      (B)  subject to the finding under Subsection (c)   on the placement of the child outside the child's home, in:                            (i)  a suitable foster home;                            (ii)  a suitable public or private   residential treatment facility licensed by a state governmental   entity or exempted from licensure by state law, except a facility   operated by the Texas Juvenile Justice Department; or                            (iii)  a suitable public or private   post-adjudication secure correctional facility that meets the   requirements of Section 51.125, except a facility operated by the   Texas Juvenile Justice Department;                (2)  if the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that constitutes serious felony conduct [violates a penal law of   this state or the United States of the grade of felony], the court   or jury made a special commitment finding under Section 54.04013,   and the petition was not approved by the grand jury under Section   53.045, the court may commit the child to the Texas Juvenile Justice   Department under Section 54.04013[, or a post-adjudication secure   correctional facility under Section 54.04011(c)(1), as   applicable,] without a determinate sentence;                (3)  if the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that included a violation of a penal law listed in Section 53.045(a)   and if the petition was approved by the grand jury under Section   53.045, the court or jury may sentence the child to commitment in   the Texas Juvenile Justice Department [or a post-adjudication   secure correctional facility under Section 54.04011(c)(2)] with a   possible transfer to the Texas Department of Criminal Justice for a   term of:                      (A)  not more than 40 years if the conduct   constitutes:                            (i)  a capital felony;                            (ii)  a felony of the first degree; or                            (iii)  an aggravated controlled substance   felony;                      (B)  not more than 20 years if the conduct   constitutes a felony of the second degree; or                      (C)  not more than 10 years if the conduct   constitutes a felony of the third degree;                (4)  the court may assign the child an appropriate   sanction level and sanctions as provided by the assignment   guidelines in Section 59.003;                (5)  the court may place the child in a suitable   nonsecure correctional facility that is registered and meets the   applicable standards for the facility as provided by Section   51.126; or                (6)  if applicable, the court or jury may make a   disposition under Subsection (m) [or Section 54.04011(c)(2)(A)].          (s)  In this section, "serious felony conduct" means   conduct:                (1)  that constitutes an offense under any of the   following provisions of the Penal Code:                      (A)  Section 19.02 (murder);                      (B)  Section 19.03 (capital murder);                      (C)  Section 20.03 (kidnapping);                      (D)  Section 20.04 (aggravated kidnapping);                      (E)  Section 20A.03 (continuous trafficking of   persons);                      (F)  Section 21.02 (continuous sexual abuse of   young child or disabled individual);                      (G)  Section 21.11 (indecency with a child);                      (H)  Section 22.011 (sexual assault);                      (I)  Section 22.02 (aggravated assault);                      (J)  Section 22.021 (aggravated sexual assault);                      (K)  Section 22.04 (injury to a child, elderly   individual, or disabled individual); or                      (L)  Section 29.03 (aggravated robbery);                (2)  for which it is shown that a deadly weapon, as   defined by Section 1.07, Penal Code, was used or exhibited during   the commission of the conduct or during immediate flight from the   commission of the conduct; or                (3)  that constitutes habitual felony conduct as   described by Section 51.031.          SECTION 5.  Section 54.04013, Family Code, is amended to   read as follows:          Sec. 54.04013.  SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE   DEPARTMENT.  (a)  Notwithstanding any other provision of this code,   after a disposition hearing held in accordance with Section 54.04   or a hearing to modify a disposition held in accordance with Section   54.05, the juvenile court may commit a child who is found to have   engaged in delinquent conduct that constitutes serious felony   conduct, as defined by Section 54.04, [a felony offense] to the   Texas Juvenile Justice Department without a determinate sentence if   the court makes a special commitment finding that the child has   behavioral health or other special needs that cannot be met with the   resources available in the community.  The court should consider   the findings of a validated risk and needs assessment and the   findings of any other appropriate professional assessment   available to the court.          (b)  In making a special commitment finding under Subsection   (a), the court may consider mitigating evidence of the child's   circumstances.          SECTION 6.  Sections 54.05(f) and (j), Family Code, are   amended to read as follows:          (f)  Except as provided by Subsection (j), a disposition   based on a finding that the child engaged in delinquent conduct that   violates a penal law of this state or the United States of the grade   of felony may be modified so as to commit the child to the Texas   Juvenile Justice Department [or, if applicable, a   post-adjudication secure correctional facility operated under   Section 152.0016, Human Resources Code,] if the court after a   hearing to modify disposition finds by a preponderance of the   evidence that the child violated a reasonable and lawful order of   the court and makes a special commitment finding under Section   54.04013.  A disposition based on a finding that the child engaged   in habitual felony conduct as described by Section 51.031 or in   delinquent conduct that included a violation of a penal law listed   in Section 53.045(a) may be modified to commit the child to the   Texas Juvenile Justice Department [or, if applicable, a   post-adjudication secure correctional facility operated under   Section 152.0016, Human Resources Code,] with a possible transfer   to the Texas Department of Criminal Justice for a definite term   prescribed by[, as applicable,] Section 54.04(d)(3) [or Section   152.0016(g), Human Resources Code,] if the original petition was   approved by the grand jury under Section 53.045 and if after a   hearing to modify the disposition the court finds that the child   violated a reasonable and lawful order of the court.          (j)  If, after conducting a hearing to modify disposition   without a jury, the court finds by a preponderance of the evidence   that a child violated a reasonable and lawful condition of   probation ordered under Section 54.04(q), the court may modify the   disposition to commit the child to the Texas Juvenile Justice   Department under Section 54.04(d)(3) [or, if applicable, a   post-adjudication secure correctional facility operated under   Section 152.0016, Human Resources Code,] for a term that does not   exceed the original sentence assessed by the court or jury.          SECTION 7.  Not later than 180 days after the effective date   of this Act, the Texas Juvenile Justice Board shall adopt rules   necessary to implement Sections 51.22, 51.23, and 51.24, Family   Code, as added by this Act.          SECTION 8.  Sections 54.02 and 54.04, Family Code, as   amended by this Act, apply only to conduct that occurs on or after   the effective date of this Act. Conduct that occurs before the   effective date of this Act is governed by the law in effect when the   conduct occurred, and the former law is continued in effect for that   purpose. For purposes of this section, conduct occurs before the   effective date of this Act if any element of the conduct occurs   before the effective date.          SECTION 9.  Sections 54.04013 and 54.05, Family Code, as   amended by this Act, apply only to a hearing that occurs on or after   the effective date of this Act.  A hearing that occurs before the   effective date of this Act is governed by the law in effect at the   time the hearing occurred, and the former law is continued in effect   for that purpose.          SECTION 10.  This Act takes effect September 1, 2025.