During the 2007 80th Texas Legislative Session, Rep. Joe Farias introduced HB 2291 calling for a study of established victim offender mediation (VOM) programs for juvenile offenders in Texas’ juvenile probation departments.  

VOM is an alternative approach used to treat juvenile delinquency and reduce recidivism. Juvenile offenders are rerouted out of the juvenile justice system into voluntary, face-to-face mediation with the victim of their crime.  VOM is said to empower both the victim and offender by allowing each party to express feelings, share pain/remorse and resolve their conflict during a mediation session.  In resolving their conflict, the parties involved develop and agree upon a plan of restitution that may include community service, monetary compensation or direct service to the victim.

In the study commissioned by HB 2291, the Texas Juvenile Probation Commission (TJPC) evaluated research conducted on VOM programs nationwide and identified the following best practices:  (1) voluntary participation; (2) the  offender’s admission of guilt; (3) all parties are prepared before mediation; and (4) the employment of  a neutral, trained mediator.  

TJPC found that Texas currently has VOM programs in nine of its 166 juvenile probation departments.  Only three of these programs, located in Dallas, Tarrant and Travis counties, were found to be actively providing VOM services.  TJPC also found that only two of the best practices mentioned above — voluntary participation and using a neutral and trained mediator — have been incorporated into the practices and procedures of these three programs.  Furthermore, TJPC found that VOM in these three counties with the largest VOM programs did not necessarily reduce the recidivism rate of the participating juvenile offenders.

At first glance, the results of the study seem disheartening; however, TJPC found that with a few changes VOM programs in Texas can be successful. TJPC recommended an expansion of dispute resolution centers within Texas.  According to TJPC, the expansion would allow more juvenile probation departments access to resources — such as impartial, trained, volunteer mediators — necessary for the operation of an effective VOM program.  TJPC also recommended the incorporation of the four best practices previously mentioned and is diligently working on the development of a best practice program guide to be used by Texas juvenile probation department departments.  TJPC staff will also provide technical assistance to juvenile probation departments wishing to implement a successful program.  

Not surprisingly, during this 81st Legislative Session, Rep. Farias introduced HB 2114 calling for the development of a juvenile VOM pilot program in Bexar County which incorporates all of the TJPC recommendations for success.  When HB 2114 became bogged down in the House Committee on Corrections, Rep. Farias incorporated the juvenile VOM pilot program into HB 2139, which establishes a state-wide, pretrial victim offender mediation program.  Fortunately, this was an excellent strategy on the part of Rep. Farias as HB 2139 passed the house and is currently being considered by the Senate.

After touring a TYC facility, Rep. Farias decided that a juvenile VOM program would be the best way to keep juveniles from heading down the path of delinquency.  If successful in Bexar County, he hopes the program will be implemented state-wide. 

If you wish to support HB 2139 or advocate for a juvenile VOM program in your county, please contact your state representative or senator.

During the current 81st Legislative Regular Session, the Texas Legislature is considering several proposals aimed at protecting children from cyber-based crimes. In response to the increasing popularity and use of social networking sites, several proposals have been made to: (1) restrict the activities of sex offenders on-line, such as prohibiting them from using certain social networking sites, contacting children or requiring them to register their on-line identities with the state; and (2) criminalize the offense of on-line harassment, more commonly known as cyber-bullying.  

• HB 22: According to committee reports, sexual predators of children are increasingly using the Internet to communicate with potential victims. A sexual predator may use e-mail, chat rooms, and social networking sites that are also used by children. In February 2009, the social networking site MySpace reported the identification and removal of 90,000 registered sex offenders from its membership. HB 22 requires a registered sex offender to register all Internet communication identifiers, including e-mail addresses as well as names used for chat rooms, instant messaging, social networking sites, and similar online communications. The bill requires the offender to report the identifiers upon first registration and to register any new identifiers established or used after initial registration.
  • Related article: Citing Progress, MySpace Says 90,000 Sex Offenders Blocked From Site

• SB 689: According to committee reports, solicitation of children online is a problem that is becoming increasingly pervasive and of great concern. With the ever-increasing use and development of cyber technology, sexual predators who look for victims on the Internet or social networking sites have new ways of preying upon children in Texas. For example, the Attorney General’s Fugitive Unit recently arrested a convicted sex offender who accessed a social networking site in violation of his parole conditions due to using both his home computer and mobile phone to access his social networking account. Because current law does not require convicted sex offenders to disclose any electronic identification information, law enforcement authorities often have difficulty in identifying individuals who are accessing the Internet or social networking sites in violation of their parole conditions. This bill seeks to address that problem by giving law enforcement authorities and social networking sites additional information that can be used to track sex offenders online. SB 689 amends current law relating to restrictions on the use of the Internet by sex offenders and to the reporting, collection, and exchange of information regarding those offenders, and provides a civil penalty.
  • Related article: Attorney General Abbott, Senator Cornyn, Congressman Smith Join Forces To Protect Texas Children From Predators
• HB 1323:  According to committee reports, Although bullying on campus is a longstanding problem in schools across the nation, reported incidences of bullying are on the rise. Modern technology, such as the Internet, cell phones, text messaging, instant messaging, and social networking sites, such as Facebook and MySpace, have contributed to this increase by providing new avenues for aggressive behavior. Students can bully others from cell phones or computers and they can “cyberbully” at the mall, in the school yard, or at home. Modern technology also has allowed bullies to be anonymous, emboldening students and allowing their bullying to become viral and more malicious. At present, Texas lags behind other states in addressing bullying, particularly cyberbullying.  HB 1323 adds written verbal expression through electronic means to the current definition of “bullying” in the Education Code and specifies that the term “bullying” includes behavior on or off school property. The bill adds to an existing provision requiring that a victim be moved at the request of a parent or other responsible adult to another classroom or campus other than that of the bully, to also authorize the transfer of the bully to another classroom or campus at the request of that parent or other adult. The bill requires districts to have a policy on bullying that includes instruction on the definition of bullying and sexual harassment, what students should do if it occurs, and a process for reporting bullying and sexual harassment. The bill requires districts to notify both the bully’s parents and the victim’s parents when the district discovers that bullying is taking place, to ensure an awareness of the problem and to provide an opportunity for parents to take steps to address the bullying and protect the victim.
  • Related article: Parents: Cyber Bullying Led to Teen’s Suicide
  • Related article: Cyber-Bullying Growing

• HB 2003: According to committee reports, the increase of technological communication and social networking has increased online harassment and fraud. Online harassment occurs when a perpetrator assumes the identify of another and sends false, harassing, or threatening electronic messages to the victim or a third party who is unaware of the perpetrator’s true identity. Online harassment has resulted in suicide, threats of physical and mental abuse, and more, but current Texas Law does not provide a means of prosecuting some of the most egregious of these acts. HB 2003 creates the offense of online harassment to deter and punish such offenders. 
  • Related article:  States Push for Cyberbully Controls

To find out more information about these and other proposed bills in the Texas legislature, contact your local state representative or state senator. 

For more information on cyber-bullying, visit the following web sites:   

Established in 1949, the Texas Youth Commission (TYC) is the state’s juvenile corrections agency.  In Texas, TYC is charged with housing and supervising delinquent youth committed to state confinement by county courts.

TYC is subject to the Sunset Act and will be abolished September 1, 2009, unless continued by the Texas Legislature during this legislative session.  In January 2009, the Sunset Advisory Commission submitted a report to the state legislature with a controversial decision recommending that TYC be abolished and merged with the Texas Juvenile Probation Commission (TJPC) into a single state agency.

In that report, the Sunset Advisory Commission stated, “[the] Sunset staff  recognizes the controversial nature of consolidating these agencies, but could not justify their separate continuation.  Texas needs to seize the opportunity to create a more integrated system of services for youthful offenders.”

Reacting to the Sunset Advisory Commission’s decision, Texas State Representative Ruth McClendon, introduced HB 3689 calling for both the abolishment of TYC and TJPC.  HB 3689 proposed that the powers and duties of those agencies would then be transferred to a newly created state agency, the Texas Juvenile Justice Department.  

Some predicted that this would be the end of the troubled TYC.  However, this has turned out to not be the case.  After a lengthy work session and public hearings, the House Committee on Corrections made the following changes to HB 3689:

“The Sunset Commission found an ongoing need for the functions of these . . . agencies, but identified improvements needed to address the persistent lack of coordination between TYC and TJPC, ongoing problems within TYC, and other issues of state-level communication and oversight in the juvenile justice system.  This legislation contains provisions to address these needs, including continuing TYC and TJPC as independent agencies with separate governing boards, and creating the Juvenile Justice Policy Coordinating Council to make recommendations to TJPC and TYC regarding ways to improve the provision of services, operations of juvenile programs, and agency coordination.”

It’s important to note that in 2007, amidst allegations of sexual abuse and agency mismanagement, the State Legislature responded with radical changes for reforming TYC. When the Sunset Advisory Commission reviewed TYC earlier this year, sunset advisory staff found that TYC was still struggling to implement those reforms. Furthermore, the staff also found that even after repeated legislative attempts to improve collaboration between TYC and TJPC, there was still a lack of communication and cooperation between the two agencies.  This is precisely why the Sunset Advisory Commission recommended abolishing TYC.

Whether the legislature’s newly proposed Juvenile Justice Policy Coordinating Council in HB 3689 will be able to truly address these issues remains to be seen.  

If allowed to continue as an independent state agency, TYC will be up for review again in 2011 by the Sunset Advisory Commission.  One can hope that at that time if improvements have not been seen, that the legislature will finally take action to create a more integrated system for youthful offenders.

HB 3689 has been reported favorably as substituted above out of the House Committee on Corrections and is currently being scheduled for a vote by the entire Texas House of Representatives.

The Yearning for Zion Ranch is a religious community located just outside of Eldorado in Schleicher County, Texas.  It is owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints.  In March 2008, the YFZ Ranch received national attention when it was raided by the Texas Department of Family and Protective Services.  416 children were removed after state officials determined that they were actual or potential victims of child abuse.  In May 2008, the Third Court of Appeals in Texas overturned an order appointing the Texas Department of Family and Protective Services as temporary managing conservator of the children and ruled that there was insufficient evidence showing that the children were in any immediate danger.  The Texas Supreme Court upheld the ruling of the Third Court of Appeals and ordered that the children be returned home to the YFZ Ranch.

Rep. Harvey Hilderbran has filed legislation (HB 4255) during this 81st Texas Legislative session which would require courts to consider the actions of all adults in the household before determining whether the child or the alleged abuser should be the one removed from the home.

According to a press release issued by Rep. Hilderbran on March 18, 2009:

In the Eldorado incident last year, in my view we should have removed the suspected perpetrator, not the victim,” Hilderbran said. “But we have to know for sure that the remaining parent would really be protecting the child. If they are going to let the alleged abuser back in the home, then keeping the child there isn’t a viable option.”

The bill (HB 4255) follows last year’s raid on a polygamist compound in Eldorado, where over 400 children were removed from the camp amid sexual abuse allegations. The Texas Supreme Court later determined that Child Protective Services did not make all reasonable efforts to keep the children in their homes by considering an option to remove the alleged perpetrator rather than the children.