By: Whitmire S.B. No. 1839
A BILL TO BE ENTITLED
AN ACT
relating to the detention of certain juvenile offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.12(f) and (h), Family Code, are
amended to read as follows:
(f) A child detained in a building that contains a jail,
lockup, or other place of secure confinement, including an alcohol
or other drug treatment facility, shall be separated by sight and
sound from adults detained in the same building. Children and
adults are separated by sight and sound only if they are unable to
see each other and conversation between them is not possible. The
separation must extend to all areas of the facility, including
sally ports and passageways, and those areas used for admission,
counseling, sleeping, toileting, showering, dining, recreational,
educational, or vocational activities, and health care. The
separation may be accomplished through architectural design. [A
person who has been transferred for prosecution in criminal court
under Section 54.02 and is under 17 years of age is considered a
child for the purposes of this subsection.]
(h) This section does not apply to a person:
(1) after transfer [who has been transferred] to
criminal court for prosecution under Section 54.02 [and is at least
17 years of age]; or
(2) who is at least 17 years of age and who has been
taken into custody after having:
(A) escaped from a juvenile facility operated by
or under contract with the Texas Youth Commission; or
(B) violated a condition of release under
supervision of the Texas Youth Commission.
SECTION 2. This Act takes effect September 1, 2013.