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2007 Special Legislative Issue

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STATE BAR SECTION REPORT VOL. 21, NO. 3 JUVENILE LAW AUGUST 2007 2007 Special Legislative Issue OFFICERS Chair: Brian Fischer 6200 Gulf Freeway, Suite 202 Houston, TX 77023 (713) 520-7500 Chair-Elect: Tim Menikos 2701 Kimbo Road Fort Worth, TX 76111 (817) 838-4600 Secretary: Chris Hubner P.O. Box 13547 Austin, TX 78711 (512) 424-6677 Treasurer: William Connolly 2930 Revere Street Houston, TX 77098-5607 (713) 520-5757 Immediate Past Chair: Sharon Pruitt P.O. Box 12548 Austin, TX 78711.2548 (512) 936-6406 COUNCIL Terms Expire 2008 Terms Expire 2009 Laura Peterson Garland Mary Wolf Austin Nydia Thomas Austin Jill Long Mata San Antonio Lauro Trejo Edinburg Laura Parker San Antonio Terms Expire 2010 Richard Ainsa El Paso David Hazlewood Lubbock Kimberly McCary Lewisville Newsletter Editor: Judge Pat Garza Newsletter Secretary: Debbie Steed 386th District Court 235 E. Mitchell Website: www.juvenilelaw.org San Antonio, Texas 78210 [email protected] Copyright 2007 by Pat Garza on behalf of the Juvenile Law Section. All rights reserved. 2 TABLE OF CONTENTS Page Legislative Foreword .............................................................................................................................3 Casualties of Justice ..............................................................................................................................5 80th Texas Legislature Appropriations to the Texas Juvenile Probation Commission, Vicki Spriggs ...................................................................................................................................6 80th Texas Legislature Appropriations to the Texas Youth Commission, Dimitria Pope ....................11 1. Title 3 and Related Provisions ....................................................................................................13 Family Code..........................................................................................................................13 Government Code.................................................................................................................38 Human Resources Code........................................................................................................49 Penal Code............................................................................................................................51 Code of Criminal Procedure .................................................................................................53 Health and Safety Code ........................................................................................................58 Occupations Code.................................................................................................................59 2. Inter-County Transfer Provisions ...............................................................................................60 3. Child Protective Services............................................................................................................64 4. Education and Juvenile Justice Legislation ................................................................................71 5. Sex Offender Legislation ............................................................................................................83 6. Open Government Legislation....................................................................................................85 7. Texas Juvenile Probation Commission Provisions.....................................................................92 8. Texas Youth Commission Provisions.........................................................................................98 Appendix A: Senate Bill 103 Bill Highlights ....................................................................................134 Appendix B: House Bill 2884 Bill Highlights...................................................................................138 Appendix C: Galveston, Harrisburg & San Antonio Railway Company v. I. O. Lynch....................140 3 LEGISLATIVE FOREWORD by Lisa Capers The 80th Texas Legislature 2007—A Perfect Storm Few analogies better capture the atmosphere at the precedented and unforeseen changes to the governance, 80th Texas Legislature regarding juvenile justice in Texas structure and operations of the Youth Commission. The and specifically the Texas Youth Commission (TYC) than TYC we once knew is gone…replaced by what we all hope the Perfect Storm. The Perfect Storm most of us are famil- is not just a different leadership team at the central agency iar with was a suspenseful movie starring George Clooney in Austin, but a more effective statewide system to treat that told the story of an October 1991 storm that hit the and rehabilitate our youth in the safe and protective envi- coast off of Gloucester, Massachusetts, which was stronger ronments that legislators, juvenile justice professionals and than any storm in recorded history. The Perfect Storm, as the public demand. depicted in the movie, was in reality three storms combined Senate Bill 103 by Senator Juan Hinojosa became into one that created an almost apocalyptic situation in the the vehicle of change this session for correcting the serious Atlantic Ocean where boats encountered waves of 100 feet, systemic and cultural problems at TYC. Under the leader- the height of a ten-story building. The Perfect Storm Texas ship of Senator Hinojosa and Representative Jerry style began in mid February 2007, when a brewing storm Madden, the bill had the unanimous support of the mem- hit TYC as details emerged about widespread physical and bers of both houses as it made its way to the Governor’s sexual abuse of youth at TYC facilities and potential cover- desk. It is a huge bill numbering nearly 95 pages, and con- ups of the wrongdoing. The story made state and national tains fundamental changes for TYC and the Texas Juvenile headlines nightly from CNN to MSNBC, from USA Today Justice Code. to the Washington Post and nearly every other media outlet The fallout from fixing TYC has resulted in signifi- in between. Texas juvenile justice was in the news…and it cant changes to Title 3, the true ramifications of which are was not pretty. Similar to the three storms forming the not completely known and probably will not be for some Perfect Storm that ultimately sunk the Andrea Gail in the time. No longer can misdemeanor offenders be committed movie, three formidable Texas forces–vocal parents and to TYC and the agency’s jurisdiction over youth extends advocacy groups, the media, and the Texas legislature– only to age 19 instead of 21. In the end, community-based combined to form the perfect storm that nearly sank TYC. juvenile justice practitioners are being asked to do what The 80th Texas Legislature navigated this storm while the they do best…step up to the plate and continue to treat and entire nation watched in disbelief. rehabilitate the youth in our communities by providing The sequence of events that unfolded during the even more expansive, creative and unique programs and storm was chaotic as the TYC scandal grew ever more services than ever before. The good news is that much- visible. Legislative leadership called for placing TYC in needed additional resources in very significant amounts are conservatorship, a remedy used in rare situations when a being allocated to local juvenile probation departments state agency is in such serious trouble many believe it can- through increased appropriations to the Texas Juvenile not be fixed. A joint select committee of House and Senate Probation Commission (TJPC) to help provide community- members was formed and began meeting and demanding based services and programming to misdemeanor offenders changes be made quickly at TYC. The governing board of who can no longer be committed to TYC. While the new TYC was fired and a conservator was appointed by the laws present a challenge, the new funding will provide Governor. Texas Rangers were dispatched to all TYC fa- counties with exciting opportunities to serve youth in our cilities along with teams of auditors to conduct probing and communities with new and innovative programs created by comprehensive investigations. To compound matters, the local juvenile justice professionals who know these chil- U.S. Department of Justice issued its report citing numer- dren and families best and understand their needs. What a ous problems at a south Texas TYC facility. Legislators in tremendous chance we have to make a real difference in the both houses began drafting numerous pieces of legislation lives of these kids! to correct the long list of cited problems at the agency. Continuing the tradition of the late Professor Robert TYC executive management was promptly replaced and a Dawson, and as we have done for the past six legislative number of terminations, firings and resignations ultimately sessions beginning in 1995, this special legislative issue ensued and continue. The storm raged on and its volatile contains the text of all major bills impacting the juvenile combination of sex scandals at TYC facilities, the media, justice system along with commentary explaining the bills politics, advocacy groups and public outcry resulted in un- and any history of interest. Besides Senate Bill 103, the 4 TYC reform bill, Representative Harold Dutton again issue. TJPC’s Director of Education Services and Inter- carried House Bill 2884, the omnibus juvenile justice governmental Relations, Linda Brooke, graciously con- cleanup bill in the house as he has done
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