Wednesday, June 03, 2009

What was in the final TYC-JPC Sunset bill?

The Texas Legislature didn't accomplish much in 2009, but one of its few tangible achievements was to pass the "sunset" bill for the Texas Youth Commission and the Juvenile Probation Commission. Here's the conference committee report (pdf). Let's run through the highlights real quick to see what was finally done.

Instead of a merger, the bill eliminated language from the House version of the bill creating an 18-member "Juvenile Justice Policy Coordinating Council. and left the two agencies freestanding. (Ed. note: Corrected to fix an error in the original post stating that they'd kept the advisory body).

Both agencies must undergo the Sunset process again during the next biennium instead of waiting the usual 12 years. This will hopefully be a more productive exercise than the last go-round, when TYC was in the midst of radical transition while the Sunset review was conducted. Indeed, the acting executive director and conservator who helped Sunset staff compile their initial report weren't around by the time the Lege got back into town. Maybe things will go more smoothly when legislators and Sunset staff can work in the interim with the agency's permanent leadership. Otherwise, the bill:
  • Requires TYC to keep committing courts informed about youths' progress while they're incarcerated, to create a comprehensive reentry plan for youth upon release, and to provide committing courts a copy of the reentry plan and tell them about youths' behavior inside the facility before they're finally released back into the free world.
  • Requires the Office of Independent Ombudsman to accept pre- and post-publication comments from TYC before issuing any reports, though it's not obligated to alter the report in response.
  • Requires creation of a coordinated strategic plan including "development of common data sources and data sharing" among an alphabet soup of state agencies: TYC, TJPC, TEA, DSHS, DFPS, and HHSC.
  • Allows TJPC to contract with local MHMR authorities for mental health residential treatment services.
  • Establishes a community correction pilot grant program (discussed previously on Grits) aimed at funding diversion programs to keep youth out of TYC. TJPC must develop rules governing the program.
  • Allows offenses committed at TYC facilities to be prosecuted in any county where an element of the crime occurs or in Travis County - that's a significant change.
  • Mandates that TYC will create a "reading and behavior plan" for special ed students and requires 60 minutes per day individualized reading instruction for youth identified with reading deficits.
  • Requires a memorandum of understanding between TYC, TJPC, DPS, DSHS, DFPS, TEA and the Texas Correctional Office on Offenders with Medical and Mental Impairments to ensure "continutity of care" for youth offenders with mental health needs.
Nothing too surprising here, though the expanded emphasis on literacy and mental health services may tax agencies' abilities - currently there may not be enough teachers at TYC, for example, to provide extensive one on one instruction with a significant number of students. We'll see going forward how such mandates work out on the ground.

Ed. note: Because of trollish misbehavior in past TYC comment strings, I'll be shutting this one down after 30 comments, and will do so immediately before that if anonymous commenters begin attacking fellow employees by name or discussing topics outside the scope of this post - including this blog's comment policies. That discussion is officially over. N.b.: If said misbehavior continues, I'll be eliminating comments on TYC strings altogether going forward. Thx. The Management.

32 comments:

  1. "Establishes a community correction pilot grant program (discussed previously on Grits) aimed at funding diversion programs to keep youth out of TYC. TJPC must develop rules governing the program."


    That part is interesting. Is there a time frame on the development of such rules?

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  2. Using MHMR makes sense. Is it just for halfway houses or could they be utilized in larger facilities? The reading program sounds like it will be especially beneficial, attacking a risk factor at the root. All of the items listed sound good if they are conducted diligently by qualified personnel that want them to work.

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  3. Mr. Grits

    That education bill by Shapiro actually got a contengency rider providing funding to the reading program. This was all a result of the Ombudsman report on education last year.

    There is an behavior management provision too which is a great step into modern juvenile justice thinking.

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  4. “RAS said…
    All of the items listed sound good if they are conducted diligently by qualified personnel that want them to work.”

    I can concur with RAS on this. I really hope that this bill will go a long way at changing the culture at tyc to some other than preparing a kid to go to prison. But I’m sure I sound very naive, it’s like telling Yavneh High School not to prepare their kids for Yeshiva or Harvard. And if the history of this 120 year old state enabled institution for child abuse is any indicator this bill will be just another set of legislation for our little tyc team playas to front around and cover up when violating.
    I’m certainly not ready to advocate sending a kid to tyc and expecting them to receive any kind of rehabilitative help. Perhaps they will at least learn to read if the corrections people are ok with that.

    What I would like to see out of this legislation is efforts and focused funding for those county programs to help kids recover from the damages of spending time in the tyc culture and being exposed to its various role models. It’s been my experience both personal as well as after speaking with many former decades of tyc alumni that counter acting this “major risk factor” can produce the best ROI for tax payers. Of course, even though this major risk factor is blatantly in our face, getting the right people to admit that having a kid spend time in tyc is now their greatest risk factor to overcome would be the first step to actually having a productive citizen. Then again, if the goal is to feed the prison business and not helping a kid be civilized when they get released from tyc this argument becomes a mute point.

    Sheldon tyc #47333 II c/s

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  5. "Nothing too surprising here, though the expanded emphasis on literacy and mental health services may tax agencies' abilities - currently there may not be enough teachers at TYC, for example, to provide extensive one on one instruction with a significant number of students."

    There aren't enough teachers in TYC, period. They currently have aides teaching core curriculum like english, because they aren't allowed to hire any certified teachers. Same goes for special ed personnel and mental health professionals.

    This will take some money and resources to work. TYC needs to stop playing the role of Rumpelstilskin and start funding the units and personnel if they want to see all this magic happen. Otherwise, it's just more hot air and rhetoric so Austin can claim they are doing something to earn those ill-deserved paychecks.

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  6. "Ed. note: Because of trollish misbehavior in past TYC comment strings, I'll be shutting this one down after 30 comments, and will do so immediately before that if anonymous commenters begin attacking fellow employees by name or discussing topics outside the scope of this post - including this blog's comment policies. That discussion is officially over. N.b.: If said misbehavior continues, I'll be eliminating comments on TYC strings altogether going forward. Thx. The Management."

    If any TYC people have any specific issue to discuss, they can take it to this site:

    http://z11.invisionfree.com/Texas_Ed_Advocacy/

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  7. I'm pretty sure that the final bill does NOT establish a Juvenile Justice Policy Coordinating Council, after all.

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  8. The makeup of the TJPC board will change. Finally gaining experience at the helm will assist probation departments across the state. The Advisory council for TJPC also underwent positive changes. Thank you to the champions of the juvenile probation departments.

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  9. Why did they not place the 3 chiefs on the TJPC board as the Sunset Staff recommended? I understand TJPC lobbied hard and fast against the chiefs being on the TJPC board and it is a shame, the experience is needed. Maybe next session.

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  10. The pilot programs are now a competitive grant format. All the hard work put into the Dallas, Travis, Southeast, Northeast and Harris county concepts went out the door. Those areas should be given priority over others that did not even bother to provide alternatives to TYC. Now what?

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  11. I work in education and I do hope that TYC can provide this reading program with not only just qualified teachers but teachers who are excited about teaching children.
    Tyc mostly attracts the retired teachers (looking for a second check) or teachers that have been teaching for many years looking for a retirement plan from the state instead of TRS. This does not provide motivated teachers.
    TYC needs to look at teachers who are not burnt out from the get go and try to attract teachers who still want to teach students.
    Maybe the new changes to ERS will stop these from applying for jobs.
    I am not bashing or being negative in anyway towards any teacher in TYC and most know these are true statements that have been there for several years.
    I am hopeful things will change for the better, but hope is all I have. One other problem TYC is facing is the amount of Teachers that are leaving TYC at this time. This is going to be a hardship on starting a new program.

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  12. THERE HAS BEEN A READING PROGRAM IN TYC FOR 11 YEARS! How many times do we have to say it!!! The program by Shapiro states the exact same objectives that are already in policy...except oh I forgot...she is now going to spend another 1.3 million dollars on it! We don't need another program. We have materials, we have trained "master" teachers that would love to step into the role. The problem has been there has been no accountability for the program, and that principals have used the Reading credits as "easy electives". The program set up 11 years ago was set up specifically to meet the needs of the low readers, with assessment to screen, benchmark, and progress monitor. However, it was easier for the schools to just stuff the classes with as many students as possible and use it as an elective rather than intervention. Really a crying shame... So now, here we are reinventing the wheel and using taxpayer dollar to do it. Instead of trying to use that money for jobs. Shapirio and ALL of the senators have been made aware of this for going on 3 years now. They have even been asked to come to the facilities where the Reading programs are being used properly to witness it, but to no avail. It makes them sound really good to the public to say that we are finally going to teach these youth to read! HMPH! What a joke the whole bunch are! I am sick unto death of the incompetency in that committee!

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  13. 5:06 pm: I'm not sure if it was hard work or just self serving. We are a State! Not individual areas satisfied with serving our own self interests. I hope TJPC does not make the diversion $ competitive and has each county share the work/burden of reducing TYC commitments. If areas around the state want to opt out then that should be left to the juvenile boards.

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  14. I just checked the employment listings for TYC. There are therapist positions posted at Giddings since December.

    Why would a credentialed professional in the know with any certification want to work there.

    Although I am not a teacher, I am not sure why someone with a certifiction would want to work there. Especially after only 2 more years they could do another fruit basket turnover via Whitmire's ilk and the Sunset review's now established pattern of recommendations for TYC. Also anyone that is connected to the goings on over there surely knows of all the promotions and appointments that have occurred over time that in my view are downright favoritism.

    I just don't think that I have seen a strong sense of coherent values promoted by the whole over there. There is just no stability there.

    The head, the command center is fragmented and basically everyone is just doing what they can to stay employed.

    Even Grits has recognized this fragmentation or as he refers to it as trollish behavior.

    So how can a fragmented agency, with no culture or values or solid history really institute any programs to rehabilitate the youth with all this history from the last 2 years.

    To me resocialization was really a good program that advocated values, purpose, and accountability. It had its problems, but, I do not believe that there was ever any serious consideration of ways to make it better where staff did not use it punitively.

    Concerned

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  15. The posting for therapist positions since December is misleading. There have been multiple hiring freezes. But your point remains, the culture is terrible, the workload immense, the pay terrible...

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  16. There is no such thing as 'teachers' in TYC. Never has been. People filled those positions, but never, never was any real teaching ever taken place in TYC...I know. I taught there. Positions were filled by people who wantd to be teachers, but lacked the talents. Never any teachers in TYC, Fac ethe truth. Very few real staff that liked kids are cared about kids. FEW. Why did TYC fail? No one really cared avout the agency,,,just take care of me and mine...forget the kids and employees. TYC is dead.

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  17. Anonymous 6/03/2009 06:26:00 PM said:
    "Tyc mostly attracts the retired teachers (looking for a second check) or teachers that have been teaching for many years looking for a retirement plan from the state instead of TRS. This does not provide motivated teachers."

    Of course it does. If you want better employees, then you offer better pay or better working conditions, or both. Teacher pay and working conditions is one heck of a motivator. The problem with TYC is that when you weigh in the overall employment package, the hazardous and deplorable working conditions cause most good teachers to go elsewhere.

    You're not alone. The idea that "motiviated" teachers and employees will allow themselves to be abused at TYC for peanuts also seems to be the attitude taken by those in Austin. And, it appears the sunset legislation didn't do much to address this.

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  18. 5:03, let's not begin rewriting history so quickly. Sunset staff never recommended 3 chiefs on the board. TPA, JJAT did, and convinced Hegar. If I'm wrong about that, please point me to the page # in the Sunset staff November 2008 report with that recommendation.

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  19. Good policy Grits.

    I like the fact we'll get better communication/information from these different agencies that have been involved with the kid.

    I'm unsure how providing the committing court information regarding the kids progress in TYC is going to go because the fact is, they've reduced our budgeted capacity and thus have limited our ability to retain the trouble makers for too long without going over capacity. They're not going to be happy with some that will be coming out but the reality is, there's nothing we can do about it other than seriously over crowd our facilities and thus not meet the mandated 1:12 ratio. That's going to be a problem unless commitments stay under those projected or we get a different kind of kid, to which I see neither happening. Just the reality. I'm sure a few judges won't be happy about some being released, and I'm sure we'll hear about it. But really, what can we do? We have some very difficult cases, more so now than ever before.

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  20. My experience is once the court has committed a kid to TYC, it's out of sight - out of mind. Kid is now TYC's problem and the court has plenty of other cases to deal with.

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  21. 7:22 - NOT

    "My experience is once the court has committed a kid to TYC, it's out of sight - out of mind. Kid is now TYC's problem and the court has plenty of other cases to deal with."

    What? LOL.....

    "Out of sight -out of mind." You're not serious are you? Call John Whitmire and express your voice. Call the Discovery Channel because there is a "Pre-Historic Animal" in-the-house.

    Jesus... help me

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  22. This comment has been removed by the author.

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  23. 57 RIFs took place at Central Office today.... Does anyone know which positions were RIF'd?

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  24. After reading a few of these comments, I have come to realize some of the folks work for TYC. I must say that the quality of education at several (four) facilities is so dumbed down a third grade student in public educatin could graduate in less than a year. You have burnt out teachers with the "State" mentality of not wanting to do a job they have been hired to do teaching. You have teacher aides teaching classes INSTEAD of highly qualified teachers, and you have "Hug a Thug" programs which do not work inhibiting education at every avenue. The law abut providing "Reading" to those special students--heck almost ALL of the students have a label slapped on them so education can be dumbed down to meet their little needs--these youth want something for nothing and are NOT required to complete a class like a student in public school. The TYC Youth ARE NOT PREPARED and DO NOT RECEIVE THE "FREE APPROPRIATE PUBLIC EDUCATION" they are entitled to receive. I may sound frustrated--yes I am, because I see an organization who says they want what is best for the TYC youth--that is so much bunk (political rhetoric). Most of those folks should hang their heads when they receive their pay check from the taxpaying citizens in the State of Texas--because in most cases these people are subsidizing a retirement check and doing NOTHING to earn it.

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  25. There are some good people working in the units, but they are powerless to do anything worthwhile. Some have tried, and continue trying. But, it's a losing battle for them.

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  26. I heard some more people at unit level would also be RIFed. Was this part of the bill? Still a hiring freeze and RIFs at the unit level, yet the youth population continues to grow. Yeah, that'll work!

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  27. May I be the 30th commenter so Grits can go ahead close this out?

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  28. Just because you are the 30th, and apparantly unconcerned about all this, does not mean many others are not concerned. Go to another blog if you are not interested.

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  29. 2:48 -

    I am VERY concerned about the policies and practices which affect the kids. I am NOT concerned about the pointless backbiting and attacks (with no substantive suggestions) that have been going on about TYC on this site.

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  30. 11:02am - TYC employees have been whining and crying on this blog that CO is too large. So, CO cut 57 positions and now you're complaining that Cherie is using this as some sort of power tactic because she won't release the names of who was let go? Why is that your business anyway? If those people wanted you to know their employment status, they would have called or emailed you. Its crazy for you to actually think that you're "entitled" to know someone else's business.

    When does it end? You asked for a smaller CO!!! Be Careful What You Wish For TYC Employees Because You Just Might Get It!!!!

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  31. No raise included??

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  32. This e-mail was sent to all TYC employees on Thursday.

    "Dear TYC Staff,
    Now that the legislative session has ended and we know what our annual budget, FTE cap and youth population will be for the next biennium, it is necessary that we make additional immediate adjustments to our workforce. Today, I am announcing that 57 Central Office positions are being eliminated effective June 30, 2009. This brings the total number of Central Office positions eliminated since December 2008 to 90.

    The positions we are losing come from every Central Office division. I have worked closely with TYC managers to determine which positions we truly need as we move forward in an era in which TYC will have fewer youth, fewer employees, a smaller budget, streamlined processes, and a concentrated focus on education, treatment and rehabilitation.

    These decisions are especially difficult for all of us because they affect our coworkers and friends. TYC managers have worked for weeks to ensure that each reduction was justified and necessary and that the work of the agency would not be adversely affected. In previous reductions, we were able to eliminate a number of unfilled positions. This time, we are not as fortunate as approximately half of the cuts affect current employees.

    Next week, I will be announcing the reductions-in-force that will take place with our field staff. I have worked closely with management staff in Central Office and each institution to determine which positions will no longer be necessary given each institution’s projected population levels and types of education, treatment and rehabilitative services offered. These reductions will affect every TYC facility and office.

    I know this is a difficult time for these reductions to occur but it is a necessary action. As an agency and as friends, we will do everything we can to assist those affected by this RIF. For those remaining, I want you to know that I believe this will be the final RIF.

    I also want to assure all of you that these actions in no way diminish the reforms that have taken place during the past two years. We have made significant and lasting changes within TYC that greatly improve the services we deliver to the youth in our care and provide for a professional, well-trained workforce. The decisions we are making today and next week are extremely difficult but will ensure that TYC is well-situated to carry out its mission in the future.

    I understand that this has been a very difficult period for the entire TYC community, but we are emerging as a much stronger agency that is well-equipped to accomplish our mission. Thank you for the work you continue to do each day.

    Sincerely,

    Cherie Townsend"

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