HUMAN RESOURCES CODE

TITLE 12.  JUVENILE JUSTICE SERVICES AND FACILITIES

SUBTITLE B.  PROBATION SERVICES; PROBATION FACILITIES

CHAPTER 223.  STATE AID

Sec. 223.001.  DETERMINATION OF AMOUNT OF STATE AID.  (a)  The department 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, a basic probation funding formula for departments that clearly defines what basic probation entails and which services are provided, and other factors the department determines are appropriate.
(a-1)  The department may incorporate as factors in the basic probation funding formula under Subsection (a) measures that create incentives for diverting children from the juvenile justice system.  The department may prioritize factors for which the department collects relevant information.  The board may adopt rules establishing and defining the factors under this subsection.
(a-2)  When revising the basic probation funding formula under Subsection (a), the department shall consult and coordinate with relevant stakeholders, including:
(1)  the advisory council on juvenile services; and
(2)  the Legislative Budget Board.
(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 department standards and to initiate and support the regionalization plan under Section 203.017 so that savings are generated by decreases in the population of department facilities operated under Subtitle C.
(c)  The department shall set aside a portion of the funds appropriated to the department for discretionary state aid to fund programs designed to address special needs or projects of local juvenile boards, including projects dedicated to specific target populations based on risk and needs, and with established recidivism reduction goals.  The department shall develop discretionary grant funding protocols based on documented, data-driven, and research-based practices.  The department may incorporate incentives into the discretionary grant funding protocols that encourage collaboration between juvenile probation departments.
(d)  The department shall reimburse counties for the placement of children in the regional specialized program at a rate that offers a savings to the state in relation to the average cost per day for confining a child in a department facility operated under Subtitle C.
(d-1)  The board, in consultation with the advisory council on juvenile services, shall adopt rules requiring a juvenile probation department to apply for the placement of a child in a regional specialized program before a juvenile court commits the child to the department's custody under Chapter 54, Family Code.  The board by rule may establish exceptions to this requirement for offenses or circumstances the department considers inappropriate for diversion from commitment to state custody.
(e)  The department may not adversely impact the state aid for a juvenile board or a juvenile probation department that does not enter into a contract to serve youth from other counties, or does not act as a regional facility.
(f)  A juvenile board or juvenile probation department may not be required to accept a child for placement in a post-adjudication correctional facility, unless the child is subject to an order issued by a juvenile court served by that board or department.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 34, eff. September 1, 2023.

Sec. 223.002.  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 department'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 department may waive this requirement only if the juvenile board demonstrates to the department 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 department does not grant a waiver, the department 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)  For purposes of Subsection (a), 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 department 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 department at the beginning of the fiscal year.
(d)  The department may require a rebate of state aid, or 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.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.

Sec. 223.003.  SPECIAL RULES FOR MULTI-COUNTY JURISDICTIONS.  If necessary, the board 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 223.001 to a multi-county jurisdiction.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.

Sec. 223.004.  PAYMENT OF STATE AID.  (a)  When the department determines that a juvenile board complies with the department's standards, the department 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:
(1)  the Legislative Budget Board;
(2)  the governor's budget, policy, and planning office;
(3)  the state auditor; and
(4)  the comptroller.
(d)  A juvenile board receiving state aid under this chapter shall submit reports as required by the department.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.

Sec. 223.005.  REFUSAL, REDUCTION, OR SUSPENSION OF STATE AID.  (a)  The department may refuse, reduce, or suspend payment of state aid to:
(1)  a juvenile board that fails to comply with the department's rules or fails to maintain local financial support; or
(2)  a county that fails to comply with the minimum standards provided under Section 221.002(a)(4).
(b)  The department shall provide for notice and a hearing in a case in which the department refuses, reduces, or suspends state aid.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.

Sec. 223.006.  FUNDING AND CONSTRUCTION OF POST-ADJUDICATION FACILITIES.  (a)  The department 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 department.
(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 department 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 department shall use the report in making a comparative evaluation of proposed projects and shall give priority to the projects the department finds are the most effective and economical.
(e)  The department may not award money for a capital construction project for a facility under this section unless the department 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 department 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 department 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 department.
(h)  It is the intent of the legislature to appropriate the full amount of money authorized under Subsection (g).
(i)   In this section, "operating costs" means the operating costs of a facility at an 80-percent occupancy rate.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.