Texas Juvenile Justice Department

Overview

The Texas Juvenile Justice Department (TJJD) was created in 2011 after the 82nd Legislature abolished the Texas Youth Commission and the Texas Juvenile Probation Commission following reports of sexual abuse and significant operational issues.1 As of April 2024, TJJD is governed by a nine-member board that is assisted by a 14-member Advisory Council on Juvenile Services, and is provided oversight by the Office of the Independent Ombudsman.2 Texas’s juvenile justice system includes TJJD and local juvenile probation departments throughout the state.

TJJD operates five secure state facilities and five halfway houses and provides oversight and some funding to the local departments.3,4 TJJD also contracts with eight private facilities to provide residential placements similar to state secure facilities. TJJD is responsible for monitoring the contracted providers to ensure quality of care and ensure fulfillment of the contract terms.5 Additionally, TJJD regulates the county-run facilities that are operated either by the local department or private entities. These facilities are responsible for housing youth during the pre-and post-adjudication process.6

In Texas, the juvenile justice system is designated for youth between 10 and 16 years old who are sentenced to probation or placement in a TJJD facility. Texas is one of three states that places 17-year-olds in the adult correctional system.7 However, some youth who are older than 16 years of age may be within the juvenile justice system if the alleged offense was committed prior to their 17th birthday.

TJJD’s Probation Services Division coordinates with local probation departments statewide. Texas state law requires each department to have a juvenile board, of which some govern multiple counties. Each board is responsible for overseeing the county’s juvenile probation system. Utilizing both local and state funds, boards coordinate with their commissioners courts to create budgets for the operation of their local juvenile probation departments.

TJJD began to be reviewed by the Sunset Advisory Commission of Texas in 2021, more commonly known as “Sunset Review.” At its conclusion, the Sunset staff report was released in 2022 and found “state and county silos remain strong, and the system’s history of problems continues to repeat itself. Meanwhile, justice-involved youth, TJJD staff, and local stakeholders bear the toughest consequences.”8

The commission moved several recommendations forward to the 88th Texas Legislature for consideration and as a result passed Senate Bill 1727 (Schwertner/Bell). The final results of the Sunset Reviews for 2022-23 provide details of the overarching provisions passed by SB 1727. SB 1727 continued TJJD for four years, as well as made changes related to facilities, board governance, agency administration, resource allocation, sentencing and confinement, licensing and regulatory standards, public information and reports, advisory committee and other agency collaboration, and Office of the Independent Ombudsman.

In October of 2021, the U.S. Department of Justice announced a statewide investigation into the conditions in the five secure juvenile correctional facilities run by TJJD in tandem with the Sunset review process.9 Further, the Texas Advisory Committee adopted a proposal to study the civil rights implications of mental health care in TJJD to the U.S. Commission on Civil Rights. As a result, the Committee released its report in February 2024 outlining 12 findings, including “most youth in the Texas Juvenile Justice System have clear mental health needs,” and 11 recommendations for the U.S. Commission on Civil Rights should issue to TJJD, including investing in additional mental health resources.10

Organizational Chart

To view the Texas Juvenile Justice Department organizational chart, go to this page.

Fast Facts

  • During calendar year 2022, over 36,000 youth between the ages of 10 and 16 were arrested.11
  • In 2022, over 12,000 17-year-olds were arrested, the majority for nonviolent and misdemeanor offenses.12
  • In FY 2022, of the youth committed to a TJJD facility, 95 percent of newly admitted female youth and 84 percent of male youth had a high or moderate need for mental health treatment.13
  • Of formal referrals to juvenile probation departments, approximately 45 percent have mental health needs.14
  • Compared to the estimated 12.5 percent of the general public, 43 percent of girls and 29 percent of boys on probation in Texas have experienced four or more adverse childhood experiences (ACEs). Of the youth committed to state care, this is true for 86 percent of girls and 53 percent of boys.15
  • In March 2024, the average daily population of youth in TJJD residential settings was 764 and the average daily population of youth in TJJD secure facilities was 716.16
  • In FY 2023 through September, the total average length of stay for a youth in a TJJD residential settings was 17 months.17
  • In FY 2022, residential facilities cost $709.66 per day, parole supervision cost $71.30 per day, and probation supervision cost $18.71 per day.18
  • As of March 2024, Texas has 45 pre-adjudication facilities operated at the county level.
  • As of March 2024, Texas has 45 pre-adjudication facilities operated at the county level. Seventeen of these facilities offer programs for youth with mental health conditions, and five provide programs for youth with substance use conditions.19
  • As of May 2024, Texas had 33 post-adjudication facilities operated at the county level. Twenty-six facilities provide programs for youth with mental health conditions, and 14 for youth with substance use conditions.20
  • As of May 2024, Texas had 45 pre-adjudication facilities operated at the county level. Seventeen facilities provide programs for youth with mental health conditions, and five for youth with substance use conditions.21
  • During calendar year 2022, schools were the second leading referral source to juvenile probation following law enforcement.22
  • During the 2021-22 school year, there were 31 Juvenile Justice Alternative Education Programs (JJAEPs) operating in Texas, 26 being mandatory due to county population. Of the 2,795 student entries into JJAEPs:
    • 66.8 percent were for a mandatory expulsion offense;
    • 24.6 percent were for a discretionary expulsion offense; and
    • 8.6 percent were non-expelled students ordered to attend the JJAEP by a juvenile court judge.23
  • In February 2024, TJJD budgeted for 793 correctional officer full time employees (FTEs), of which 73 percent were available. Unavailable FTEs are due to pre-service training and staff on FMLA or other leave.24
  • During FY 2023, TJJD staff turnover rate was 47.2 percent for all positions and 72.3 percent for correctional officers.25
  • In FY 2022, commissioners courts provided approximately 77 percent of the total funding to probation departments from county revenues. The remaining funds are allocated mostly by the state through TJJD and less than one percent is from federal Title IV-E funds.26

Policy Concerns

  • Addressing the impacts of arresting and incarcerating youth with high mental health needs on TJJD operations, resources, and the re-traumatization of being in state custody.
  • Diverting youth with behavioral health needs away from the judicial system and into their home communities with services and supports.
  • Bolstering community supports to ensure immediate connection when diverted away from incarceration.
  • Addressing the critical staffing shortages that impacts the safety, mental health, and well-being of both staff and youth.
  • Addressing the mental health staffing needs of the TJJD system.
  • Ensuring accountability for the reported sexual and physical abuse of youth in TJJD custody by staff and other children.
  • Ensuring there is clear authority for the Office of the Independent Ombudsman to provide strong oversight of the agency.
  • Supporting schools in providing alternatives to punitive discipline responses that introduce youth to the justice system.
  • Assessing the negative impacts of detaining youth in adult correctional facilities, including
  • adjusting policies to change the upper and lower age limits of juvenile court jurisdiction based on the science of adolescent development.
  • Assessing and sharing outcomes for state secure facilities and community interventions (e.g., recidivism, rehabilitation, etc.).
  • Continuing to reduce the number of incarcerated youths in secure confinement facilities.
  • Formalizing policies to better safeguard the rights of youth in the TJJD system.

Legislative Overview

Many significant issues throughout the TJJD system have been culminating over the last two decades and were exacerbated during COVID-19. These chronic issues were later highlighted during the Sunset Review process and brought forth some needed changes. During the 88th legislative session Texas made several statute changes and investments in TJJD to support youth and staff. However, many youth and mental health advocates were disappointed in the state’s response and advocated for prioritizing the decrease of size and scope of the youth carceral system and instead re-invest into communities and mental health supports. Further, legislation to address the upper and lower age limits of juvenile court jurisdiction were introduced but did not pass.

Notably, Senate Bill 1727 (Schwertner/Bell) passed implementing a majority of the Sunset Review recommendations and a number of juvenile justice funding initiatives were included in the state’s budget. As outlined by TJJD, funding in the budget and supplemental appropriations includes:

  • $200 million for 200 new beds in new TJJD facilities;
  • $60 million for basic probation services funding for youth supervision;
  • $51 million to fund salary increases for staff at county Juvenile Probation Departments;
  • $31.9 million in targeted salary increases for TJJD direct-care and non-direct care nursing staff and OIG positions to bring these into parity with statewide averages. (In addition to the two 5 percent annual raises for all state employees);
  • $30.7 million for placement funding and probation grants for diversion and community-based programming;
  • $15.2 million for detention reimbursements to localities holding TJJD-bound youth await transfer to state facilities;
  • $5.1 million for IT upgrades and maintenance projects at TJJD;
  • $500,000 for regional coordinators for probation support; and $450,000 to staff counselors for retention efforts.27

Passed

HB 114 (THOMPSON/ PARKER) – MARIJUANA OR E-CIGARETTES AND SCHOOL DISCIPLINE

Clarifies when a youth possessing, selling, or being under the influence of marijuana, THC, and e-cigarettes must be sent to a Disciplinary Alternative Education Program (DAEP) or Juvenile Justice Alternative Education Program (JJAEP), while giving counties some flexibility to control those assigned to these programs.

HB 1819 (COOK/HUGHES) – JUVENILE CURFEWS

Prohibits a political subdivision from adopting or enforcing a curfew for persons younger than 18.

HB 3186 (LEACH /ZAFFIRINI) – YOUTH DIVERSION STRATEGIES FINE-ONLY OFFENSES

Known as “the Texas Youth Diversion and Early Intervention Act” requires each justice and municipal court to adopt a written plan that diverts children accused of a misdemeanor punishable by fine only (other than a traffic offense) to diversion services for up to 180 days, rather than face formal criminal prosecution.

SB 1727(SCHWERTNER/CANALES) – TJJD SUNSET BILL

In response to the Sunset Advisory Committee report, implements a number of recommendations, including continuation of TJJD until the next Sunset review in 2027. Additional information is outlined by a TJJD Press Release.

SB 1585(SPARKS/JOHNSON) – JUVENILE COURT FOR CHILDREN WITH MENTAL ILLNESS AND INTELLECTUAL DISABILITIES

Among its provisions, revises Chapter 55 of the Family Code so youth spend less time waiting to be deemed “fit to proceed” for trial or treated for a lack of responsibility.

SB 1849 (KOLKHORST/ NOBLE) – INTERAGENCY SEARCH ENGINE OF EMPLOYEE MISCONDUCT REGISTRIES

Creates an interagency search engine of employee misconduct registries among HHSC, DFPS, TJJD, and TEA.

Did Not Pass

HB 506 (WU) – JUVENILE’S APPEARANCE IN A JUDICIAL PROCEEDING

Would have restricted the use of restraints in juvenile court proceedings and by requiring the court to permit a child to wear clothing other than a uniform provided by a detention or correctional facility.

HB 4356 (TALARICO) – DISSOLUTION OF TJJD AND THE CREATION OF THE OFFICE OF YOUTH SAFETY AND REHABILITATION

Among its provisions, would have established the Office of Youth Safety and Rehabilitation under HHSC and would have been tasked with developing and implementing a plan to complete a staggered closure of TJJD facilities by September 2030.

TJJD Funding Trends: All Funds28,29,30,31

TJJD Funding by Method of Finance (FY2024-25)32

References

  1. Sunset Advisory Commission. (May 2022). Sunset Advisory Commission Staff report, Texas Juvenile Justice Department, Office of the Independent Ombudsman. https://www.sunset.texas.gov/public/uploads/2022-05/~Texas%20Juvenile%20Justice%20Department%20and%20Office%20of%20the%20Independent%20Ombudsman%20Executive%20Summary_5-26-22.pdf ↩︎
  2. Ibid. ↩︎
  3. Ibid. ↩︎
  4. Texas Juvenile Justice Department. (n.d.). TJJD facilities address list. Retrieved March 5, 2024 from https://www2.tjjd.texas.gov/programs/facilities_list.aspx. ↩︎
  5. Texas Juvenile Justice Department. (n.d.). State services. Retrieved March 5, 2024 from  https://www.tjjd.texas.gov/index.php/state-services#residential-contract-care ↩︎
  6. Sunset Advisory Commission. (May 2022). Sunset Advisory Commission Staff report, Texas Juvenile Justice Department, Office of the Independent Ombudsman. https://www.sunset.texas.gov/public/uploads/2022-05/~Texas%20Juvenile%20Justice%20Department%20and%20Office%20of%20the%20Independent%20Ombudsman%20Executive%20Summary_5-26-22.pdf ↩︎
  7. Fowler, T. (2021). “Raise the age” and collateral consequences of charging 17-year-olds as adults. Texas Criminal Justice Coalition. https://texascje.org/2021-session-raise-age-hold-17-year-olds-accountable-juvenile-justice-system ↩︎
  8. Sunset Advisory Commission. (May 2022). Sunset Advisory Commission Staff report, Texas Juvenile Justice Department, Office of the Independent Ombudsman. https://www.sunset.texas.gov/public/uploads/2022-05/~Texas%20Juvenile%20Justice%20Department%20and%20Office%20of%20the%20Independent%20Ombudsman%20Executive%20Summary_5-26-22.pdf ↩︎
  9. United States Commission on Civil Rights. (2024). Mental healthcare in the Texas juvenile justice system. Texas Advisory Committee. https://www.usccr.gov/files/2024-02/report-on-mental-healthcare-in-the-tjjd.pdf ↩︎
  10. Ibid. ↩︎
  11. Texas Juvenile Justice Department. (2022). The state of juvenile probation activity in Texas.  https://www.tjjd.texas.gov/wp-content/uploads/2024/02/Statistical_Report_2022_FINAL_new_cover.pdf ↩︎
  12. Federal Bureau of Investigation. (n.d.). Crime data explorer, Texas 2022 arrests [dataset]. Retrieved May 9, 2024, from https://cde.ucr.cjis.gov/LATEST/webapp/#/pages/explorer/crime/arrest ↩︎
  13. Texas Juvenile Justice Department. (2022). Review of treatment effectiveness. https://www.tjjd.texas.gov/wp-content/uploads/2024/10/Treatment-Effectiveness-Report-2022.pdf ↩︎
  14. Texas Juvenile Justice Department. (2020). Texas model plan for reform. https://www.tjjd.texas.gov/wp-content/uploads/2024/01/Texas_Model_Plan_for_Reform.pdf ↩︎
  15. Ibid. ↩︎
  16. Texas Legislative Budget Board. (2024). Juvenile state residential commitment & system capacity, updated April 2024. https://www.lbb.texas.gov/CJDA/_site/TJJD.html ↩︎
  17. Texas Legislative Budget Board. (2023). Adult and juvenile correctional populations: Monthly report (FY 2023)(September  2023). https://www.lbb.texas.gov/Documents/Publications/Info_Graphic/812_MonthlyReport_FY2023.pdf ↩︎
  18. Texas Legislative Budget Board. (2023). Criminal and juvenile justice uniform cost report. https://www.lbb.texas.gov/Documents/Publications/Policy_Report/7455_Uniform_Cost_Feb_2023.pdf ↩︎
  19. Texas Juvenile Justice Department. (n.d.). Registered juvenile facilities in Texas (CY 2024). Retrieved May 9, 2024 from https://www2.tjjd.texas.gov/publications/other/searchfacilityregistry.aspx ↩︎
  20. Ibid. ↩︎
  21. Ibid. ↩︎
  22. Texas Juvenile Justice Department. (2022). The state of juvenile probation activity in Texas.   https://www.tjjd.texas.gov/wp-content/uploads/2024/02/Statistical_Report_2022_FINAL_new_cover.pdf ↩︎
  23. Ibid. ↩︎
  24. Texas Legislative Budget Board. (2024). Response to the independent ombudsman fourth quarter report, FY 2023.
    https://www.tjjd.texas.gov/wp-content/uploads/2024/04/TJJD_Response_OIO_Quarterly_Q4_FY23.pdf ↩︎
  25. Texas State Auditor‘s Office. (2024). An annual report on classified employee turnover for Fiscal Year 2023. https://sao.texas.gov/reports/main/24-702.pdf#page=17 ↩︎
  26. Texas Juvenile Justice Department. (2022). The state of juvenile probation activity in Texas.   https://www.tjjd.texas.gov/wp-content/uploads/2024/02/Statistical_Report_2022_FINAL_new_cover.pdf ↩︎
  27. Texas Juvenile Justice Department. (2023, June 26). Media advisory on TJJD: An update on the agency following the 2023 legislative session [Press release]. https://www.tjjd.texas.gov/wp-content/uploads/2024/02/MediaAdvisory-TJJDLegChanges-June_262023.pdf ↩︎
  28. Texas Legislature Online (2017). S.B. 1, General Appropriations Act, 85th Legislature, FY 2018-19.  https://capitol.texas.gov/tlodocs/85R/billtext/pdf/SB00001F.pdf#navpanes=0 ↩︎
  29. Texas Legislature Online (2019). H.B. 1, General Appropriations Act, 86th Legislature, FY 2020-21.  https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB00001F.pdf#navpanes=0 ↩︎
  30. Texas Legislature Online (2021). S.B. 1, General Appropriations Act, 87th Legislature, FY 2022-23. https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00001F.pdf#navpanes=0 ↩︎
  31. Texas Legislature Online (2023). H.B. 1, General Appropriations Act, 88th Legislature, FY 2024-25. https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB00001F.pdf#navpanes=0 ↩︎
  32. Ibid. ↩︎

Updated on December 16th, 2024



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