HUMAN RESOURCES CODE
TITLE 10. JUVENILE BOARDS, JUVENILE PROBATION DEPARTMENTS, AND
FAMILY SERVICES OFFICES
SUBTITLE A. JUVENILE PROBATION SERVICES
CHAPTER 141. TEXAS JUVENILE PROBATION COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
§ 141.001. PURPOSES. The purposes of this chapter are
to:
(1) make probation services available to juveniles
throughout the state;
(2) improve the effectiveness of juvenile probation
services;
(3) provide alternatives to the commitment of
juveniles by providing financial aid to juvenile boards to
establish and improve probation services;
(4) establish uniform standards for the
community-based juvenile justice system;
(5) improve communications among state and local
entities within the juvenile justice system; and
(6) promote delinquency prevention and early
intervention programs and activities for juveniles.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 1394, § 1, eff. Sept. 1,
1997.
§ 141.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Juvenile Probation
Commission.
(2) "Director" means the executive director of the
commission.
(3) "Employee in the criminal or juvenile justice
system" means:
(A) a person employed as a peace officer, county
or district attorney, probation officer, parole officer, or
corrections officer;
(B) a person employed by a court; or
(C) a person employed by a public or private
agency or institution to which children may be committed under the
Family Code.
(4) "Juvenile board" means a body established by law
to provide juvenile probation services to a county.
(5) "State aid" means funds allocated by the
commission to a juvenile board to financially assist the board in
achieving the purposes of this chapter and in conforming to the
commission's standards and policies.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 141.011. COMPOSITION OF COMMISSION. (a) The
commission consists of:
(1) two district court judges;
(2) two county judges or commissioners; and
(3) five members of the public who are not employees in
the criminal or juvenile justice system.
(b) Commission members are appointed by the governor with
the advice and consent of the senate.
(c) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 318, § 1, eff. Sept. 1,
1997.
§ 141.012. SUNSET PROVISION. The Texas Juvenile
Probation Commission is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the commission is abolished and this chapter expires
September 1, 2009.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.02, eff.
Nov. 12, 1991; Acts 1995, 74th Leg., ch. 970, § 1.02, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 318, § 2, eff. Sept. 1, 1997.
§ 141.013. PROVISIONS APPLICABLE TO JUDICIAL
MEMBERS. (a) A judge's place on the commission becomes vacant
when the judge ceases to hold a judicial office.
(b) A district judge's service on the commission is an
additional duty of office.
(c) At the time of appointment to the commission, a district
judge must be a presiding judge of a court designated as a juvenile
court of at least one county in the district or be a district court
judge in a county that has a system of rotating the juvenile court
among the several district courts.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.014. RESTRICTIONS ON COMMISSION APPOINTMENT,
MEMBERSHIP, AND EMPLOYMENT. (a) A person is not eligible for
appointment or service as a public member if the person or the
person's spouse:
(1) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds from
the commission; or
(2) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
(b) An officer, employee, or paid consultant of a trade
association in the field of criminal or juvenile justice may not be
a member or employee of the commission.
(c) A person who is the spouse of an officer, employee, or
paid consultant of a trade association in the field of criminal or
juvenile justice may not be a commission member or a commission
employee, including exempt employees, compensated at grade 17 or
over according to the position classification schedule under the
General Appropriations Act.
(d) A person may not serve as a member of the commission or
act as the general counsel to the commission if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation in or on
behalf of a profession related to the operation of the commission.
(e) In this section, "trade association" means a nonprofit,
cooperative, voluntarily joined association of business or
professional competitors designed to assist its members and its
industry or profession in dealing with mutual or professional
problems and in promoting their common interest.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.0145. TRAINING FOR COMMISSION MEMBERS. (a) To
be eligible to take office as a member of the commission, a person
appointed to the commission must complete at least one course of a
training program that complies with this section.
(b) The training program must provide information to the
person regarding:
(1) the enabling legislation that created the
commission and its policymaking body to which the person is
appointed to serve;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interests laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the commission.
Added by Acts 1997, 75th Leg., ch. 318, § 3, eff. Sept. 1, 1997.
§ 141.015. TERMS. Commission members serve for
staggered six-year terms, with terms expiring on August 31 of each
odd-numbered year.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.016. OFFICERS. (a) The governor shall designate
a presiding officer from among the commission members to serve in
that capacity at the pleasure of the governor.
(b) The chairman and vice-chairman serve two-year terms.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 318, § 4, eff. Sept. 1,
1997.
§ 141.017. REMOVAL OF COMMISSION MEMBER. (a) It is a
ground for removal from the commission if a member:
(1) does not have at the time of appointment the
qualifications required by Section 141.011;
(2) is not eligible for appointment to or service on
the commission as provided by Section 141.014(a);
(3) violates a prohibition established by Section
141.014(b), (c), or (d);
(4) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the chairman of the
commission of the potential ground. The chairman shall then notify
the governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
chairman, the director shall notify the next highest officer of the
commission, who shall notify the governor and the attorney general
that a potential ground for removal exists.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 318, § 5, eff. Sept. 1,
1997.
§ 141.018. REIMBURSEMENT. A commission member is not
entitled to compensation for service on the commission but is
entitled to reimbursement for actual and necessary expenses
incurred in performing official duties as a commission member.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.019. MEETINGS; PUBLIC PARTICIPATION. (a) The
commission shall hold regular quarterly meetings on dates set by
the commission and special meetings at the call of the chairman.
(b) The commission shall adopt rules regulating its
proceedings.
(c) The commission shall keep a public record of its
decisions at its general office.
(d) The commission shall adopt policies that provide the
public with a reasonable opportunity to appear before the
commission and to speak on any issue under the commission's
jurisdiction.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.020. DIRECTOR AND PERSONNEL. (a) The commission
shall employ a director with the approval of the governor. To be
eligible for employment as the director, a person must:
(1) comply with the standards required for a probation
officer; and
(2) have at least two years' experience in the
administration and supervision of probation services.
(b) The director may employ as many other employees as
necessary to administer this chapter.
(c) The commission may delegate to the director or to any
other employee any authority given it by this chapter except the
authority to adopt rules.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 8.147, eff. Sept. 1,
1995.
§ 141.021. PERSONNEL POLICIES. (a) The commission
shall develop and implement policies that clearly separate the
policymaking responsibilities of the commission and the management
responsibilities of the director and staff of the commission.
(b) The director or the director's designee shall develop an
intra-agency career ladder program that addresses opportunities
for mobility and advancement for employees within the commission.
The program shall require intra-agency posting of all positions
concurrently with any public posting.
(c) The director or the director's designee shall develop a
system of annual job performance evaluations that are based on
documented employee performance. All merit pay for commission
employees must be based on the system established under this
subsection.
(d) The director or the director's designee shall provide to
the commission's members and employees, as often as necessary,
information regarding their qualifications under this chapter and
their responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
(e) The director or the director's designee shall prepare
and maintain a written policy statement to assure implementation of
a program of equal employment opportunity under which all personnel
transactions are made without regard to race, color, disability,
sex, religion, age, or national origin. The statement must cover an
annual period and be updated at least annually. The statement must
include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with requirements of
Chapter 21, Labor Code;
(2) a comprehensive analysis of the commission work
force that meets federal and state guidelines; and
(3) procedures by which a determination can be made of
significant underutilization in the commission work force of all
persons for whom federal or state guidelines encourage a more
equitable balance and reasonable methods to appropriately address
those areas of significant underutilization.
(f) A policy statement adopted under Subsection (e) must
cover an annual period, be updated annually and reviewed by the
Commission on Human Rights for compliance with Subsection (e)(1),
and shall be filed with the governor. The governor shall furnish a
biennial report to the legislature based on the information in the
policy statement. The report may be made separately or as a part of
other biennial reports made to the legislature.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 318, § 6, eff. Sept. 1,
1997.
§ 141.022. ADVISORY COUNCIL ON JUVENILE
SERVICES. (a) The advisory council on juvenile services consists
of:
(1) two juvenile court judges, appointed by the
commission;
(2) three juvenile probation officers, appointed by
the commission;
(3) two citizens who are knowledgeable of juvenile
services, appointed by the commission;
(4) the executive director of the Texas Youth
Commission or the director's designee;
(5) the commissioner of education or the
commissioner's designee; and
(6) the commissioner of human services or the
commissioner's designee.
(b) The advisory council shall report to the director.
(c) The advisory council shall determine the needs and
problems of county juvenile boards and departments and shall assist
the commission in long-range planning.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.023. FEES. If the General Appropriations Act does
not specify the amount of the fee, the commission by rule may
establish fees that:
(1) are reasonable and necessary;
(2) produce revenue sufficient for the administration
of this chapter; and
(3) do not produce unnecessary revenue.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.024. ANNUAL REPORTS. (a) The commission shall
report annually to the governor and the legislature on the
commission's operations and the condition of probation services in
the state during the previous year. The report may include
recommendations.
(b) The commission shall file annually with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year. The
annual report must be in the form, and be submitted by the time,
provided by the General Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.025. PUBLIC INTEREST INFORMATION. (a) The
commission shall prepare information of public interest describing
the functions of the commission and the procedures by which
complaints are filed with and resolved by the commission. The
commission shall make the information available to the public and
appropriate state agencies.
(b) The commission by rule shall establish methods by which
service recipients are notified of the name, mailing address, and
telephone number of the commission for the purpose of directing
complaints to the commission.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.026. AUDIT. The financial transactions of the
commission are subject to audit by the state auditor in accordance
with Chapter 321, Government Code.
Added by Acts 1991, 72nd Leg., ch. 16, § 12.03(a), eff. Aug. 26,
1991.
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION
§ 141.041. PROVISION OF PROBATION AND DETENTION
SERVICES. (a) The commission shall assist counties in providing
probation and juvenile detention services by encouraging the
continued operation of county and multi-county juvenile boards or
probation offices.
(b) If a county discontinues the provision of juvenile
probation services, the commission may directly provide probation
or detention services in the county.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.042. RULES GOVERNING JUVENILE BOARDS, PROBATION
DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND
FACILITIES. (a) The commission shall adopt reasonable rules that
provide:
(1) minimum standards for personnel, staffing, case
loads, programs, facilities, record keeping, equipment, and other
aspects of the operation of a juvenile board that are necessary to
provide adequate and effective probation services;
(2) a code of ethics for probation, detention, and
corrections officers and for the enforcement of that code;
(3) appropriate educational, preservice and
in-service training, and certification standards for probation,
detention, and corrections officers or court-supervised
community-based program personnel;
(4) minimum standards for public and private juvenile
pre-adjudication secure detention facilities, public juvenile
post-adjudication secure correctional facilities that are operated
under the authority of a juvenile board, and private juvenile
post-adjudication secure correctional facilities, except those
facilities exempt from certification by Section 42.052(g); and
(5) minimum standards for juvenile justice
alternative education programs created under Section 37.011,
Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee.
(b) In adopting the rules, the commission shall consider
local information and evidence gathered through public review and
comment.
(c) The commission shall operate a statewide registry for
all public and private juvenile pre-adjudication secure detention
facilities and all public and private juvenile post-adjudication
secure correctional facilities except a facility operated or
certified by the Texas Youth Commission.
(d) The commission shall biennially inspect all public and
private juvenile pre-adjudication secure detention facilities and
all public and private juvenile post-adjudication secure
correctional facilities except a facility operated or certified by
the Texas Youth Commission and shall biennially monitor compliance
with the standards established under Subsection (a)(4) if the
juvenile board has elected to comply with those standards or shall
biennially ensure that the facility is certified by the American
Correctional Association if the juvenile board has elected to
comply with those standards.
(e) Juvenile probation departments shall use the mental
health screening instrument selected by the commission for the
initial screening of children under the jurisdiction of probation
departments who have been formally referred to the department. The
commission shall give priority to training in the use of this
instrument in any preservice or in-service training that the
commission provides for probation officers. Juvenile probation
departments shall report data from the use of the screening
instrument to the commission in a format and in the time prescribed
by the commission.
(f) Repealed by Acts 2003, 78th Leg., ch. 283, § 61(3).
(g) Any statement made by a child and any mental health data
obtained from the child during the administration of the mental
health screening instrument under this section is not admissible
against the child at any other hearing. The person administering
the mental health screening instrument shall inform the child that
any statement made by the child and any mental health data obtained
from the child during the administration of the instrument is not
admissible against the child at any other hearing.
(h) A juvenile board that does not accept state aid funding
from the commission under Section 141.081 shall report to the
commission each month on a form provided by the commission the same
data as that required of counties accepting state aid funding
regarding juvenile justice activities under the jurisdiction of the
board. If the commission makes available free software to the board
for the automation and tracking of juveniles under the jurisdiction
of the board, the commission may require the monthly report to be
provided in an electronic format adopted by rule by the commission.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 262, § 68, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 318, § 7, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 986, § 1, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1086, § 37, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1394, § 2, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 1297, § 58, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 283, § 49, 61(3), eff. Sept. 1, 2003.
§ 141.0421. STANDARDS RELATING TO LOCAL PROBATION
DEPARTMENTS. (a) The commission shall adopt rules that provide:
(1) standards for the collection and reporting of
information about juvenile offenders by local probation
departments;
(2) performance measures to determine the
effectiveness of probation services provided by local probation
departments; and
(3) case management standards for all probation
services provided by local probation departments.
(b) The commission shall monitor local probation
departments for compliance with the standards and measures that the
commission adopts.
(c) The commission shall provide technical assistance to
local probation departments to aid compliance with the standards
and measures that the commission adopts.
Added by Acts 1997, 75th Leg., ch. 318, § 8, eff. Sept. 1, 1997.
§ 141.043. TRAINING AND ASSISTANCE TO LOCAL
AUTHORITIES. The commission shall provide educational training
and technical assistance to counties, juvenile boards, and
probation offices to:
(1) promote compliance with the standards required
under this chapter; and
(2) assist the local authorities in improving the
operation of probation, parole, and detention services.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.0431. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
TRAINING. The commission shall:
(1) provide training on request to juvenile probation
departments and juvenile boards in violence prevention and conflict
resolution programs that include discussion of domestic violence
and child abuse issues; and
(2) encourage the inclusion of a violence prevention
and conflict resolution program as a condition of probation.
Added by Acts 1995, 74th Leg., ch. 664, § 1, eff. Jan. 1, 1996.
§ 141.0432. YOUTH BOOT CAMP PROGRAMS. (a) The
commission shall work with local juvenile boards and local juvenile
probation departments to establish policies and guidelines for
youth boot camp programs for children.
(b) The commission, local juvenile boards, and local
juvenile probation departments may work together to develop a
program of moral, academic, vocational, physical, and correctional
training and military-style discipline for children placed in youth
boot camps on probation under Section 54.04(d)(1)(B), Family Code,
or for violating the conditions of probation as determined under
Section 54.05(f), Family Code, including follow-up programs to aid
successful community reintegration.
(c) The commission, local juvenile boards, and local
juvenile probation departments shall adopt rules of conduct for
children participating in the program under this section.
(d) Local juvenile boards and local juvenile probation
departments may enter into agreements with each other to jointly
establish regional youth boot camps.
(e) Local juvenile probation departments may contract with
the Texas Youth Commission to provide services to persons who
violate conditions of parole as determined under Section 61.075.
Added by Acts 1995, 74th Leg., ch. 262, § 69, eff. Jan. 1, 1996.
§ 141.0433. CONTRACTS WITH PRIVATE VENDORS. The
commission may contract with a private vendor for the financing,
construction, operation, maintenance, or management of a youth boot
camp. The commission may not award a contract under this section
unless the commission requests proposals and receives a proposal
that meets or exceeds, in addition to requirements specified in the
request for proposals, the requirements specified in Section
141.0434.
Added by Acts 1995, 74th Leg., ch. 262, § 69, eff. Jan. 1, 1996.
§ 141.0434. ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
PRIVATE VENDORS. (a) Any contract entered into by the commission
with a private vendor for the financing, construction, operation,
maintenance, or management of a youth boot camp under Section
141.0433 must comply with the following requirements:
(1) a person proposing to enter into a contract with
the commission under that section must demonstrate the
qualifications and the operations and management experience to
carry out the terms of the contract; and
(2) in addition to meeting the requirements specified
in the requests for proposals, a proposal must:
(A) provide for regular, on-site monitoring by
the commission;
(B) offer a level and quality of programs at
least equal to those provided by any other state-run youth boot
camp;
(C) permit the commission to terminate the
contract for cause, including as cause the failure of the private
vendor to meet the conditions required by this section and other
conditions required by the contract;
(D) if the proposal includes construction of a
facility, contain a performance bond approved by the commission
that is adequate and appropriate for the proposed contract;
(E) provide for assumption of liability by the
private vendor for all claims arising from the services performed
under the contract by the private vendor;
(F) provide for an adequate plan of insurance for
the private vendor and its officers, guards, employees, and agents
against all claims, including claims based on violations of civil
rights arising from the services performed under the contract by
the private vendor; and
(G) provide for an adequate plan of insurance to
protect the commission against all claims arising from the services
performed under the contract by the private vendor and to protect
the commission from actions by a third party against the private
vendor and its officers, guards, employees, and agents as a result
of the contract.
(b) A private vendor operating under a contract authorized
by this subchapter may not claim sovereign immunity in a suit
arising from the services performed under the contract by the
private vendor. This subsection does not deprive the private
vendor or the commission of the benefit of any law limiting exposure
to liability, setting a limit on damages, or establishing a defense
to liability.
Added by Acts 1995, 74th Leg., ch. 262, § 69, eff. Jan. 1, 1996.
§ 141.044. RECORDS AND REPORTS. Each juvenile board in
the state shall:
(1) keep the financial, programmatic, and statistical
records the commission considers necessary; and
(2) submit periodic financial, programmatic, and
statistical reports to the commission as required by the commission
and in the format specified by the commission, including electronic
submission.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 1394, § 3, eff. Sept. 1,
1997.
§ 141.045. GIFTS AND GRANTS. (a) The commission may
apply for and accept gifts and grants from any public or private
source to use in maintaining and improving probation services in
the state.
(b) The commission shall deposit money received under this
section in the state treasury. The commission may use the money
only to make payments of state aid under this chapter and to
administer this chapter.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.046. INSPECTIONS AND AUDITS. (a) The commission
may inspect and evaluate a juvenile board and probation department
and audit its financial, programmatic, and statistical records at
reasonable times to determine compliance with the commission's
rules.
(b) The commission may inspect any program or facility
operated on behalf of and under the authority of the juvenile board
by the probation department, a governmental entity, or private
vendor.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 1394, § 4, eff. Sept. 1,
1997.
§ 141.047. INTERAGENCY COOPERATION. (a) To improve
probation services, the commission may cooperate and contract with:
(1) the federal government;
(2) governmental agencies in this state and other
states;
(3) political subdivisions of the state; and
(4) private agencies.
(b) The director, the executive director of the Texas Youth
Commission, and the commissioners of education, mental health and
mental retardation, and human services shall meet in Austin at
least quarterly to:
(1) discuss mutual problems;
(2) resolve conflicts in providing services to
juveniles; and
(3) make recommendations to the governor and
legislature.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.0471. COORDINATED STRATEGIC PLAN FOR JUVENILE
JUSTICE SYSTEM. (a) The commission and the Texas Youth
Commission shall biennially develop a coordinated strategic plan
which shall guide, but not substitute for, the strategic plans
developed individually by the agencies.
(b) The plan shall:
(1) identify short-term and long-term policy goals;
(2) identify time frames and strategies for meeting
the goals identified under Subdivision (1);
(3) estimate population projections, including
projections of population characteristics;
(4) estimate short-term and long-term capacity,
programmatic, and funding needs;
(5) describe intensive service and surveillance
parole pilot programs to be jointly developed;
(6) include an evaluation of aftercare services
emphasizing concrete outcome measures, including recidivism and
educational progress;
(7) identify objective criteria for the various
decision points throughout the continuum of juvenile justice
services and sanctions to guard against disparate treatment of
minority youth; and
(8) identify cross-agency outcome measures by which to
evaluate the effectiveness of the system generally.
(c) The governing board of each agency shall adopt the
coordinated strategic plan on or before December 1st of each
odd-numbered year, or before the adoption of the agency's
individual strategic plan, whichever is earlier.
Added by Acts 1995, 74th Leg., ch. 262, § 70, eff. Jan. 1, 1996.
Amended by Acts 2001, 77th Leg., ch. 1297, § 59, eff. Sept. 1,
2001.
§ 141.048. STUDIES. (a) The commission may conduct or
participate in studies relating to corrections methods and systems
and to treatment and therapy programs at the governor's request or
on its own motion.
(b) The commission shall continuously study the
effectiveness of probation services and shall report its findings
to the governor and the legislature before each regular legislative
session.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.049. COMPLAINTS RELATING TO JUVENILE
BOARDS. (a) The commission shall keep an information file about
each complaint filed with the commission relating to a juvenile
board funded by the commission. The commission shall investigate
the allegations in the complaint and make a determination of
whether there has been a violation of the commission's rules
relating to juvenile probation programs, services, or facilities.
(b) If a written complaint is filed with the commission
relating to a juvenile board funded by the commission, the
commission, at least quarterly and until final disposition of the
complaint, shall notify the complainant and the juvenile board of
the status of the complaint unless notice would jeopardize an
undercover investigation.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 283, § 50, eff. Sept. 1,
2003.
§ 141.050. CONTRACT STANDARDS. (a) In each contract
with counties for local probation services, the commission shall
include:
(1) clearly defined contract goals, outputs, and
measurable outcomes that relate directly to program objectives;
(2) clearly defined sanctions or penalties for failure
to comply with or perform contract terms or conditions; and
(3) clearly specified accounting, reporting, and
auditing requirements applicable to money received under the
contract.
(b) The commission shall require each local juvenile
probation department:
(1) to include the provisions of Subsection (a) in its
contracts with private service providers that involve the use of
state funds; and
(2) to use data relating to the performance of private
service providers in prior contracts as a factor in selecting
providers to receive contracts.
Added by Acts 1997, 75th Leg., ch. 318, § 9, eff. Sept. 1, 1997.
§ 141.051. CONTRACT MONITORING. The commission shall
establish a formal program to monitor contracts under Section
141.050 made by the commission. The commission must:
(1) monitor compliance with financial and performance
requirements using a risk assessment methodology; and
(2) obtain and evaluate program cost information to
ensure that each cost, including an administrative cost, is
reasonable and necessary to achieve program objectives.
Added by Acts 1997, 75th Leg., ch. 318, § 9, eff. Sept. 1, 1997.
§ 141.052. MEDICAID BENEFITS. The commission shall:
(1) identify areas in which federal Medicaid program
benefits could be used in a manner that is cost-effective for
children in the juvenile justice system;
(2) develop a program to encourage application for and
receipt of Medicaid benefits;
(3) provide technical assistance to counties relating
to eligibility for Medicaid benefits; and
(4) monitor the extent to which counties make use of
Medicaid benefits.
Added by Acts 1997, 75th Leg., ch. 318, § 9, eff. Sept. 1, 1997.
§ 141.053. ACCESSIBILITY TO PROGRAMS AND
FACILITIES. The commission shall comply with federal and state
laws relating to program and facility accessibility. The executive
director shall also prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the commission's programs and services.
Added by Acts 1997, 75th Leg., ch. 318, § 9, eff. Sept. 1, 1997.
§ 141.054. CONTRACTS FOR OUT-OF-STATE JUVENILE
INMATES. (a) The only entities other than the state authorized to
operate a correctional facility to house in this state juvenile
inmates convicted of offenses committed against the laws of another
state of the United States are:
(1) a county or municipality; and
(2) a private vendor operating a correctional facility
under a contract with a county or municipality.
(b) The commission shall develop rules, procedures, and
minimum standards applicable to county or private correctional
facilities housing out-of-state juvenile inmates. A contract made
under Subsection (a) of this section shall require the county,
municipality, or private vendor to operate the facility in
compliance with minimum standards adopted by the commission.
Added by Acts 1997, 75th Leg., ch. 318, § 9, eff. Sept. 1, 1997.
SUBCHAPTER D. PROVISIONS RELATING TO JUVENILE PROBATION OFFICERS
§ 141.061. MINIMUM STANDARDS FOR PROBATION
OFFICERS. (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 commission; 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 commission determines
provides the kind of experience necessary to meet this requirement;
(4) have satisfactorily completed the course of
preservice training or instruction required by the commission;
(5) have passed the tests or examinations required by
the commission; and
(6) possess the level of certification required by the
commission.
(b) The commission by rule may authorize the waiver of the
requirement of a year of graduate study or full-time employment
experience if the authority responsible for employing the officer
establishes to the satisfaction of the commission that after a
diligent search the authority cannot locate a person meeting that
requirement to fill a job opening.
(c) The commission by rule may authorize the temporary
employment of a person who has not completed a course of preservice
training, passed the examination, or attained the required level of
certification, contingent on the person meeting those requirements
within the time specified by the commission.
(d) A person must possess the level of training, experience,
and certification required by the commission to be eligible for
employment in a probation office in a position supervising other
probation officers. The commission may require several levels of
certification to reflect increasing levels of responsibility. A
commission rule relating to levels of certification does not affect
the continued employment of a probation officer in a supervisory
position if the person holds that position on the date on which the
rule takes effect.
(e) The commission may waive any certification requirement,
except a fee requirement, for an applicant who has a valid
certification from another state that has certification
requirements that are substantially equivalent to the requirements
in this state.
(f) The commission may waive the degree accreditation
requirement in Subsection (a)(2) if the applicant possesses a
foreign or other degree that the commission determines is the
substantial equivalent of a bachelor's degree. The commission
shall adopt rules defining the procedures to be used to request a
waiver of the accreditation requirement in Subsection (a)(2).
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 1297, § 60, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 283, § 51, eff. Sept. 1, 2003.
§ 141.062. NOTICE OF CERTIFICATION EXAMINATION
RESULTS. (a) Except as provided by Subsection (b) of this
section, the commission shall notify each person taking a
certification examination of the results of the examination not
later than the 30th day after the date on which the examination is
administered.
(b) The commission shall notify a person taking an
examination graded or reviewed by a national testing service of the
results not later than the 14th day after the date on which the
commission receives the results from the testing service.
(c) If the notice of the examination results graded or
reviewed by a national testing service will be delayed for longer
than 90 days after the examination date, the commission shall
notify the person of the reason for the delay before that 90th day.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.063. ANALYSIS OF EXAMINATION PERFORMANCE. The
commission shall furnish a person who fails a certification test
administered under this chapter with an analysis of the person's
performance on the examination if the person requests the analysis
in writing.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.064. REVOCATION OR SUSPENSION OF
CERTIFICATION. (a) The commission may revoke or suspend a
certification, or reprimand a certified officer, for a violation of
this chapter or a commission rule.
(b) A person is entitled to a hearing before the commission
or a hearings officer appointed by the commission if the commission
proposes to suspend or revoke the person's certification. The
commission shall prescribe procedures by which each decision to
suspend or revoke is made by or is appealable to the commission.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.065. PERSONS WHO MAY NOT ACT AS JUVENILE
PROBATION, DETENTION, OR CORRECTIONS OFFICERS. A peace officer,
prosecuting attorney, or other person who is employed by or who
reports directly to a law enforcement or prosecution official may
not act as a juvenile probation, detention, or corrections officer
or be made responsible for supervising a juvenile on probation.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 1297, § 61, eff. Sept. 1,
2001.
§ 141.066. PROHIBITION ON CARRYING FIREARM. (a) A
juvenile probation, detention, or corrections officer may not carry
a firearm in the course of the person's official duties.
(b) This section does not apply to an employee of the Texas
Youth Commission.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 1297, § 62, eff. Sept. 1,
2001.
§ 141.067. PROBATION OFFICER: COUNTY EMPLOYEE. A
juvenile probation officer whose jurisdiction covers only one
county is considered to be an employee of that county.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
SUBCHAPTER E. STATE AID
§ 141.081. DETERMINATION OF AMOUNT OF STATE
AID. (a) The commission shall annually allocate funds for
financial assistance to juvenile boards to provide juvenile
services according to current estimates of the number of juveniles
in each county and other factors the commission determines are
appropriate.
(b) The legislature may appropriate the amount of state aid
necessary to supplement local funds to maintain and improve
statewide juvenile services that comply with commission standards.
(c) The commission may set aside a portion of the funds
appropriated to the commission for state aid to fund programs
designed to address special needs or projects of local juvenile
boards.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.082. MAINTENANCE OF LOCAL FINANCIAL
SUPPORT. (a) To receive the full amount of state aid funds for
which a juvenile board may be eligible, a juvenile board must
demonstrate to the commission's satisfaction that the amount of
local or county funds budgeted for juvenile services is at least
equal to the amount spent, excluding construction and capital
outlay expenses, for those services in the 1994 county fiscal year.
The commission may waive this requirement only if the juvenile
board demonstrates to the commission that unusual, catastrophic, or
exceptional circumstances existed during the relevant year to
affect adversely the level of county funding. If the required
amount of local funding is not budgeted and the commission does not
grant a waiver, the commission shall reduce the allocation of state
aid funds to the juvenile board by the amount equal to the amount
that the county funding is below the required funding.
(b) The amount spent on juvenile detention and correctional
facilities is included in determining the amount of local or county
funds. The amount spent for construction or renovation is not
included.
(c) The commission must be satisfied at the end of each
county fiscal year that the juvenile board actually spent local or
county funds for juvenile services in the amount demonstrated to
the commission at the beginning of the fiscal year.
(d) The commission may require a rebate of or may withhold
state aid to which the juvenile board would otherwise be entitled as
necessary to satisfy the requirement that a juvenile board spend
funds as demonstrated.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 1394, § 5, eff. Sept. 1,
1997.
§ 141.083. SPECIAL RULES FOR MULTI-COUNTY
JURISDICTIONS. If necessary, the commission by rule may provide
for:
(1) the payment of compensation, insurance,
retirement, fringe benefits, and related matters to a juvenile
probation officer whose jurisdiction covers more than one county;
(2) the centralization of administrative
responsibility associated with the state aid program in a county
included in a multi-county jurisdiction; and
(3) the application of Section 141.081 of this code to
a multi-county jurisdiction.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.084. PAYMENT OF STATE AID. (a) When the
commission determines that a juvenile board complies with the
commission's standards, the commission shall submit to the
comptroller a voucher for payment to a juvenile board of the amount
of state aid to which the board is entitled.
(b) The juvenile board's fiscal officer shall deposit all
state aid received under this chapter in a special fund. The
juvenile board may use the funds solely to provide juvenile
probation services.
(c) A juvenile board receiving state aid under this chapter
is subject to audit by the Legislative Budget Board, the governor's
budget and planning office, the state auditor, and the comptroller.
(d) A juvenile board receiving state aid under this chapter
shall submit reports as required by the commission.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
§ 141.085. REFUSAL, REDUCTION, OR SUSPENSION OF STATE
AID. (a) The commission may refuse, reduce, or suspend payment of
state aid to:
(1) a juvenile board that fails to comply with the
commission's rules or fails to maintain local financial support;
or
(2) a county that fails to comply with the minimum
standards provided under Section 141.042(a)(4).
(b) The commission shall provide for notice and a hearing in
a case in which it refuses, reduces, or suspends state aid.
Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 262, § 71, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 1394, § 6, eff. Sept. 1, 1997.
§ 141.086. FUNDING AND CONSTRUCTION OF
POST-ADJUDICATION FACILITIES. (a) The commission may provide
state aid to a county to acquire, construct, and equip
post-adjudication residential or day-treatment centers from money
appropriated for those purposes. The facilities may be used for
children who are placed on probation by a juvenile court under
Section 54.04, Family Code, as an alternative to commitment to the
facilities of the Texas Youth Commission.
(b) State funds provided to counties under Subsection (a)
must be matched by local funds equal to at least one-fourth of the
state funds.
(c) From money appropriated for construction of the
facilities described by Subsection (a), the commission shall
contract with the Texas Department of Criminal Justice for
construction management services, including:
(1) evaluation of project plans and specifications;
and
(2) review and comment on the selection of architects
and engineers, change orders, and sufficiency of project
inspection.
(d) On completion of the review of project plans and
specifications under Subsection (c), the Texas Department of
Criminal Justice shall issue a comprehensive report that states in
detail the proposed cost of the project. The commission shall use
the report in making a comparative evaluation of proposed projects
and shall give priority to the projects the commission finds are the
most effective and economical.
(e) The commission may not award money for a capital
construction project for a facility under this section unless the
commission receives from the commissioners court of the county
intending to use the facility a written commitment that the
commissioners court has reviewed and accepted the conditions of the
award. If more than one county intends to use the facility, the
commission must receive from each county a written commitment that
the county will agree with the other counties to an interlocal
contract to operate the facility in accordance with the conditions
of the award.
(f) A county receiving state aid under this section shall
adhere to commission standards for the construction and operation
of a post-adjudication secure residential facility.
(g) For a facility constructed under this section, not more
than 25 percent of the operating costs of the facility may be
reimbursed by the commission.
(h) It is the intent of the legislature to appropriate the
full amount of money authorized under Subsection (g).
(i) The commission shall conduct an annual audit of the
operating costs for a fiscal year of a facility constructed under
this section for each fiscal year through fiscal year 1999. The
commission shall submit a report on the results of the audit to the
Legislative Budget Board and the governor not later than the 60th
day after the last day of the fiscal year covered by the audit.
(j) In this section, "operating costs" means the operating
costs of a facility at an 80-percent occupancy rate.
Added by Acts 1995, 74th Leg., ch. 262, § 72, eff. Jan. 1, 1996.
Amended by Acts 1999, 76th Leg., ch. 1477, § 35, eff. Sept. 1,
1999.
