DIVERSION AND DETENTION POLICY FOR CERTAIN JUVENILES

(a) In this section, "general residential operation" has the meaning assigned by Section 42.002. (b) A juvenile board shall establish policies that prioritize: (1) the diversion from referral to a prosecuting attorney under Chapter 53, Family Code, of children who are: (A) younger than 12 years of age; or (B) residing in a general residential operation, particularly children alleged to have engaged in conduct constituting a misdemeanor involving violence to a person; and (2) the limitation of detention, to circumstances of last resort, of children who are: (A) younger than 12 years of age; or (B) residing in a general residential operation. (c) To monitor the success of policies implemented under Subsection (b) for children who reside in general residential operations, a juvenile board shall track: (1) the number of children referred to the board who reside in a general residential operation; (2) the number of children described by Subdivision (1) who receive deferred prosecution or are referred to the juvenile probation department; and (3) the general residential operation where a child described by Subdivision (1) resides.