2021 Legislation: Reforms Related to Kids in Confinement

Young people who enter the criminal legal system should have meaningful, tailored opportunities for education. Furthermore, children in the youth justice system should have access to covered medical assistance, as well as supports on release that will help them access employment, housing, and needed services and benefits.

HB 30 (Authors: Talarico, Murr, White, Wu, Minjarez | Sponsor: Whitmire), Relating to educational programs provided by the Windham School District in the Texas Department of Criminal Justice for certain inmates. The Windham School District (WSD) must develop an educational program that includes the curriculum requirements for a high school diploma or a course of instruction that prepares a person for a G.E.D. WSD must provide that program to each person confined or imprisoned in the Texas Department of Criminal Justice who is not a high school graduate and is either younger than 18 or is younger than 22 and eligible to receive special education services. In developing each person’s educational program, WSD must consider the duration of their confinement or imprisonment, their current education level, their educational goals and preference, and, if applicable, recommendations of their admission, review, and dismissal (ARD) committee. Signed by the Governor; effective on 9/1/2021


HB 1664 (Authors: White, Guillen | Sponsor: Eckhardt), Relating to the reinstatement of eligibility for medical assistance of certain children placed in juvenile facilities. Under existing law, when a child is placed in a juvenile facility, the Health and Human Services Commission (HHSC) must suspend the child’s eligibility for medical assistance for the duration of the placement. Per this bill, HHSC must reinstate such child’s eligibility for medical assistance if they are hospitalized or become an inpatient in another type of medical facility. Signed by the Governor; effective on 9/1/2021


HB 4544 (Author: Swanson | Sponsor: Whitmire), Relating to providing children committed to the Texas Juvenile Justice Department with certain documents on discharge or release; authorizing a fee. Before a child is released under supervision or discharged from the Texas Juvenile Justice Department (TJJD), the agency must determine whether the child has a valid driver’s license or personal identification certificate. If not, TJJD must submit a request to the Department of Public Safety for the issuance of a certificate – as soon as possible prior to the child’s release or discharge – so TJJD can provide the child with that certificate on release or discharge. TJJD can charge the child’s parent or guardian for the costs or $5 fee for the certificate.

Similarly, before releasing or discharging a child, TJJD must determine whether the child has a certified copy of their birth certificate or their social security card. If not, TJJD must submit a request to the relevant entity for the document(s), as soon as possible, so it can provide the child with such material(s) on release or discharge.

This bill applies only to the release or discharge of a child occurring on or after December 1, 2021. No provisions of this bill apply to a child who is not legally present in the United States or was not a Texas resident prior to placement in TJJD custody. Signed by the Governor; effective on 9/1/2021