News

Today, the Texas House of Representatives gave tentative approval to legislation that would overhaul the Texas Youth Commission (TYC) by providing greater transparency of its operations, prosecuting offenses committed within the agency, and improving the hiring practices of guards. Senate Bill 103 (SB 103), sponsored by Rep. Jerry Madden (R-Richardson), is the central piece of a package of legislation drafted in response to revelations of unreported abuse and fiscal mismanagement at the TYC.

"The abuse and poor performance identified at the TYC cannot be allowed to continue," Rep. Madden said. "This bill reforms the structure, management and oversight of the commission to provide true rehabilitation, not just the punitive warehousing that characterizes the system today."

SB 103 reorganizes the commission by: establishing an Office of Independent Ombudsman to evaluate and secure youths' rights;  creating an Office of the Inspector General (OIG) with licensed peace officers to investigate criminal complaints; and, allowing the Special Prosecution Unit (SPU) to prosecute offenses at the TYC. Additionally, the legislation requires transparency through access and reporting of incidents by: allowing advocacy and support groups contact with youth; subjecting the TYC to a state audit and requiring regular, internal audits; and, requiring regular reports by the OIG, SPU and the Ombudsman to the Legislature.

To enhance the delivery of services, SB 103 improves the training of juvenile corrections officers and reduces staff-to-youth ratios to 1:12. Background and routine criminal history checks will be required for all employees, contract employees, volunteers and the ombudsman. All TYC facilities will be required to gain accreditation by the American Correctional Association, and all employees will be made at-will.

To address concerns of treatment of youth, a review process will be created to address the arbitrary and retaliatory extensions of lengths of stay that have plagued the system. Penalties will be increased for sexual conduct by staff. A parental bill of rights and handbook will be developed and distributed, and a comprehensive health delivery system will be required to ensure youth receive necessary treatment.

"The allegations of abuse that have taken place at various TYC facilities are appalling," Speaker Tom Craddick (R - Midland) said. "Chairman Madden has spent a great deal of time crafting legislation that will help prevent future mistreatment of these children. I am pleased to see this legislation pass the House so we can immediately put into place changes that will improve the system."