The state of juvenile justice in Texas proves there is nothing like a crisis to spur action. In 2007, the abuses at the Texas Youth Commission (TYC) dominated the headlines, as legislators and the public were appalled by the sexual mistreatment of youths in state custody.
Even with abuses no longer being in the news, the momentum for change led the 2009 Texas Legislature to enact additional reforms, which lay the groundwork for a radically different and improved juvenile justice system.
This year, lawmakers built on the solid foundation of Senate Bill 103, passed two years ago. That landmark legislation redirected misdemeanants from TYC into community programs and reduced the maximum age at TYC from 21 to 19. It also cracked down on abuses by mandating the installation video cameras at TYC facilities, reducing the ratio of youth to staff, and creating both an inspector general and ombudsman to investigate and document misconduct.
Legislators also continued the transition towards keeping more youths in the community. Lawmakers were motivated in part by the high cost of TYC, as each youth in TYC costs taxpayers $99,000 a year.
TYC’s funding was cut from $314.9 million in 2008-09 to $210 million for 2010-2011, while community-based alternatives to TYC received an additional $60 million. The result is $44.9 million in net savings to taxpayers.
Part of these savings some from closing unnecessary TYC facilities, such as the West Texas and Victory Field units to be shuttered by 2011. West Texas was one of the facilities with the most abuses. More importantly, both of these lockups are located far from the urban areas from which most youth come.
Not only does this shifting of resources save money, research has indicated that all but the highest-risk youth are less likely to recidivate if they are kept in the community. More than 55 percent of offenders leaving TYC are rearrested within one year. In contrast, an Ohio study found youth redirected to community programs have only a 22 percent recidivism rate.
The downsizing of TYC is truly historic. There were 4,800 youth at TYC in 2006. That declined to 3,448 in 2007, and 2,054 in April 2009.
Now, the challenge is for local juvenile probation departments to best utilize the new resources they have received to bolster their programs. One new tool they will have to aid them is a statewide risk assessment instrument being developed by the Texas Juvenile Probation Commission. It will enable youth to be better matched with the treatment approach that is most likely to be successful based on their risk level and offense history.
Youth who would have otherwise been locked up at large, remote TYC facilities could be placed at group homes similar to those in Missouri. The thee-year recidivism rate for Missouri group homes is only 7.2 percent. Moreover, their annual cost is $42,022 per bed, less than half that of TYC.
Private providers of juvenile services can create group homes, but they face substantial barriers. Most Texas cities have zoning laws that preclude this use of property and state law allows the city council or commissioners court to block any correctional or rehabilitation facility.
Steps can be taken to increase the likelihood of placing group homes. First, local officials and the public can be educated as to their safety. Although the group homes in Missouri have no razor wire or fences, there have been no attempts to escape. Additionally, state lawmakers could require each city or county to designate an area where such homes can be placed without a variance from local zoning laws.
After years of following the wrong path, Texas’ juvenile justice system is on the right track to become a national model rather than a source of embarrassment.
Marc A. Levin, Esq., is Director of the Center for Effective Justice at the Texas Public Policy Foundation, a non-profit, free-market research institute based in Austin.