Texas 2017 - 85th Regular

Texas House Bill HB3325 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12403 ADM-D
2	2	By: Thierry H.B. No. 3325
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on placing juveniles in privately owned
8	8	places of detention.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 51.02(13) and (14), Family Code, are
11	11	amended to read as follows:
12	12	(13) "Secure correctional facility" means any [public
13	13	or private] residential facility, including an alcohol or other
14	14	drug treatment facility, that:
15	15	(A) includes construction fixtures designed to
16	16	physically restrict the movements and activities of juveniles or
17	17	other individuals held in lawful custody in the facility; and
18	18	(B) is used for the placement of any juvenile who
19	19	has been adjudicated as having committed an offense, any
20	20	nonoffender, or any other individual convicted of a criminal
21	21	offense.
22	22	(14) "Secure detention facility" means any [public or
23	23	private] residential facility that:
24	24	(A) includes construction fixtures designed to
25	25	physically restrict the movements and activities of juveniles or
26	26	other individuals held in lawful custody in the facility; and
27	27	(B) is used for the temporary placement of any
28	28	juvenile who is accused of having committed an offense, any
29	29	nonoffender, or any other individual accused of having committed a
30	30	criminal offense.
31	31	SECTION 2. Sections 51.12(b-1), (c), (c-1), and (i), Family
32	32	Code, are amended to read as follows:
33	33	(b-1) A pre-adjudication secure detention facility may be
34	34	operated only by[:
35	35	[(1)] a governmental unit in this state as defined by
36	36	Section 101.001, Civil Practice and Remedies Code[; or
37	37	[(2) a private entity under a contract with a
38	38	governmental unit in this state].
39	39	(c) In each county, each judge of the juvenile court and a
40	40	majority of the members of the juvenile board shall personally
41	41	inspect all [public or private] juvenile pre-adjudication secure
42	42	detention facilities that are located in the county at least
43	43	annually and shall certify in writing to the authorities
44	44	responsible for operating and giving financial support to the
45	45	facilities and to the Texas Juvenile Justice Department that the
46	46	facilities are suitable or unsuitable for the detention of
47	47	children. In determining whether a facility is suitable or
48	48	unsuitable for the detention of children, the juvenile court judges
49	49	and juvenile board members shall consider:
50	50	(1) current monitoring and inspection reports and any
51	51	noncompliance citation reports issued by the department, including
52	52	the report provided under Subsection (c-1), and the status of any
53	53	required corrective actions;
54	54	(2) current governmental inspector certification
55	55	regarding the facility's compliance with local fire codes;
56	56	(3) current building inspector certification
57	57	regarding the facility's compliance with local building codes;
58	58	(4) for the 12-month period preceding the inspection,
59	59	the total number of allegations of abuse, neglect, or exploitation
60	60	reported by the facility and a summary of the findings of any
61	61	investigations of abuse, neglect, or exploitation conducted by the
62	62	facility, a local law enforcement agency, and the department;
63	63	(5) the availability of health and mental health
64	64	services provided to facility residents;
65	65	(6) the availability of educational services provided
66	66	to facility residents; and
67	67	(7) the overall physical appearance of the facility,
68	68	including the facility's security, maintenance, cleanliness, and
69	69	environment.
70	70	(c-1) The Texas Juvenile Justice Department shall annually
71	71	inspect each [public or private] juvenile pre-adjudication secure
72	72	detention facility. The department shall provide a report to each
73	73	juvenile court judge presiding in the same county as an inspected
74	74	facility indicating whether the facility is suitable or unsuitable
75	75	for the detention of children in accordance with:
76	76	(1) the requirements of Subsections (a), (f), and (g);
77	77	and
78	78	(2) minimum professional standards for the detention
79	79	of children in pre-adjudication secure confinement promulgated by
80	80	the department or, at the election of the juvenile board of the
81	81	county in which the facility is located, the current standards
82	82	promulgated by the American Correctional Association.
83	83	(i) Except for a facility as provided by Subsection (l), a
84	84	governmental unit [or private entity] that operates [or contracts
85	85	for the operation of] a juvenile pre-adjudication secure detention
86	86	facility under Subsection (b-1) in this state shall:
87	87	(1) register the facility annually with the Texas
88	88	Juvenile Justice Department; and
89	89	(2) adhere to all applicable minimum standards for the
90	90	facility.
91	91	SECTION 3. Sections 51.125(a), (b), (c), and (d), Family
92	92	Code, are amended to read as follows:
93	93	(a) A post-adjudication secure correctional facility for
94	94	juvenile offenders may be operated only by[:
95	95	[(1)] a governmental unit in this state as defined by
96	96	Section 101.001, Civil Practice and Remedies Code[; or
97	97	[(2) a private entity under a contract with a
98	98	governmental unit in this state].
99	99	(b) In each county, each judge of the juvenile court and a
100	100	majority of the members of the juvenile board shall personally
101	101	inspect all [public or private] juvenile post-adjudication secure
102	102	correctional facilities that are not operated by the Texas Juvenile
103	103	Justice Department and that are located in the county at least
104	104	annually and shall certify in writing to the authorities
105	105	responsible for operating and giving financial support to the
106	106	facilities and to the department that the facility or facilities
107	107	are suitable or unsuitable for the confinement of children. In
108	108	determining whether a facility is suitable or unsuitable for the
109	109	confinement of children, the juvenile court judges and juvenile
110	110	board members shall consider:
111	111	(1) current monitoring and inspection reports and any
112	112	noncompliance citation reports issued by the department, including
113	113	the report provided under Subsection (c), and the status of any
114	114	required corrective actions; and
115	115	(2) the other factors described under Sections
116	116	51.12(c)(2)-(7).
117	117	(c) The Texas Juvenile Justice Department shall annually
118	118	inspect each [public or private] juvenile post-adjudication secure
119	119	correctional facility that is not operated by the department. The
120	120	department shall provide a report to each juvenile court judge
121	121	presiding in the same county as an inspected facility indicating
122	122	whether the facility is suitable or unsuitable for the confinement
123	123	of children in accordance with minimum professional standards for
124	124	the confinement of children in post-adjudication secure
125	125	confinement promulgated by the department or, at the election of
126	126	the juvenile board of the county in which the facility is located,
127	127	the current standards promulgated by the American Correctional
128	128	Association.
129	129	(d) A governmental unit [or private entity] that operates
130	130	[or contracts for the operation of] a juvenile post-adjudication
131	131	secure correctional facility in this state under Subsection (a),
132	132	except for a facility operated by or under contract with the Texas
133	133	Juvenile Justice Department, shall:
134	134	(1) register the facility annually with the
135	135	department; and
136	136	(2) adhere to all applicable minimum standards for the
137	137	facility.
138	138	SECTION 4. Sections 51.126(a) and (d), Family Code, are
139	139	amended to read as follows:
140	140	(a) A nonsecure correctional facility for juvenile
141	141	offenders may be operated only by[:
142	142	[(1)] a governmental unit, as defined by Section
143	143	101.001, Civil Practice and Remedies Code[; or
144	144	[(2) a private entity under a contract with a
145	145	governmental unit in this state].
146	146	(d) A governmental unit [or private entity] that operates
147	147	[or contracts for the operation of] a juvenile nonsecure
148	148	correctional facility in this state under Subsection (a), except
149	149	for a facility operated by or under contract with the Texas Juvenile
150	150	Justice Department, shall:
151	151	(1) register the facility annually with the Texas
152	152	Juvenile Justice Department; and
153	153	(2) adhere to all applicable minimum standards for the
154	154	facility.
155	155	SECTION 5. Chapter 51, Family Code, is amended by adding
156	156	Section 51.127 to read as follows:
157	157	Sec. 51.127. PLACEMENT IN PRIVATE CORRECTIONAL FACILITY
158	158	PROHIBITED. Notwithstanding any other law, a child may not be
159	159	placed in a correctional facility owned, operated, or managed by a
160	160	private vendor.
161	161	SECTION 6. Section 54.011(f), Family Code, is amended to
162	162	read as follows:
163	163	(f) Except as provided by Subsection (a), a nonoffender,
164	164	including a person who has been taken into custody and is being held
165	165	solely for deportation out of the United States, may not be detained
166	166	for any period of time in a secure detention facility or secure
167	167	correctional facility[, regardless of whether the facility is
168	168	publicly or privately operated]. A nonoffender who is detained in
169	169	violation of this subsection is entitled to immediate release from
170	170	the facility and may bring a civil action for compensation for the
171	171	illegal detention against any person responsible for the detention.
172	172	A person commits an offense if the person knowingly detains or
173	173	assists in detaining a nonoffender in a secure detention facility
174	174	or secure correctional facility in violation of this subsection.
175	175	An offense under this subsection is a Class B misdemeanor.
176	176	SECTION 7. Section 54.04(d), Family Code, is amended to
177	177	read as follows:
178	178	(d) If the court or jury makes the finding specified in
179	179	Subsection (c) allowing the court to make a disposition in the case:
180	180	(1) the court or jury may, in addition to any order
181	181	required or authorized under Section 54.041 or 54.042, place the
182	182	child on probation on such reasonable and lawful terms as the court
183	183	may determine:
184	184	(A) in the child's own home or in the custody of a
185	185	relative or other fit person; or
186	186	(B) subject to the finding under Subsection (c)
187	187	on the placement of the child outside the child's home, in:
188	188	(i) a suitable foster home;
189	189	(ii) a suitable public or private
190	190	residential treatment facility licensed by a state governmental
191	191	entity or exempted from licensure by state law, except a facility
192	192	operated by the Texas Juvenile Justice Department; or
193	193	(iii) a suitable [public or private]
194	194	post-adjudication secure correctional facility that meets the
195	195	requirements of Section 51.125, except a facility operated by the
196	196	Texas Juvenile Justice Department;
197	197	(2) if the court or jury found at the conclusion of the
198	198	adjudication hearing that the child engaged in delinquent conduct
199	199	that violates a penal law of this state or the United States of the
200	200	grade of felony, the court or jury made a special commitment finding
201	201	under Section 54.04013, and the petition was not approved by the
202	202	grand jury under Section 53.045, the court may commit the child to
203	203	the Texas Juvenile Justice Department under Section 54.04013, or a
204	204	post-adjudication secure correctional facility under Section
205	205	54.04011(c)(1), as applicable, without a determinate sentence;
206	206	(3) if the court or jury found at the conclusion of the
207	207	adjudication hearing that the child engaged in delinquent conduct
208	208	that included a violation of a penal law listed in Section 53.045(a)
209	209	and if the petition was approved by the grand jury under Section
210	210	53.045, the court or jury may sentence the child to commitment in
211	211	the Texas Juvenile Justice Department or a post-adjudication secure
212	212	correctional facility under Section 54.04011(c)(2) with a possible
213	213	transfer to the Texas Department of Criminal Justice for a term of:
214	214	(A) not more than 40 years if the conduct
215	215	constitutes:
216	216	(i) a capital felony;
217	217	(ii) a felony of the first degree; or
218	218	(iii) an aggravated controlled substance
219	219	felony;
220	220	(B) not more than 20 years if the conduct
221	221	constitutes a felony of the second degree; or
222	222	(C) not more than 10 years if the conduct
223	223	constitutes a felony of the third degree;
224	224	(4) the court may assign the child an appropriate
225	225	sanction level and sanctions as provided by the assignment
226	226	guidelines in Section 59.003;
227	227	(5) the court may place the child in a suitable
228	228	nonsecure correctional facility that is registered and meets the
229	229	applicable standards for the facility as provided by Section
230	230	51.126; or
231	231	(6) if applicable, the court or jury may make a
232	232	disposition under Subsection (m) or Section 54.04011(c)(2)(A).
233	233	SECTION 8. Section 54.04011(d), Family Code, is amended to
234	234	read as follows:
235	235	(d) Nothing in this section may be construed to prohibit:
236	236	(1) a juvenile court or jury from making a disposition
237	237	under Section 54.04, including:
238	238	(A) placing a child on probation on such
239	239	reasonable and lawful terms as the court may determine, including
240	240	placement in a [public or private] post-adjudication secure
241	241	correctional facility under Section 54.04(d)(1)(B)(iii); or
242	242	(B) placing a child adjudicated under Section
243	243	54.04(d)(3) or (m) on probation for a term of not more than 10
244	244	years, as provided in Section 54.04(q); or
245	245	(2) the attorney representing the state from filing a
246	246	motion concerning a child who has been placed on probation under
247	247	Section 54.04(q) or the juvenile court from holding a hearing under
248	248	Section 54.051(a).
249	249	SECTION 9. Chapter 203, Human Resources Code, is amended by
250	250	adding Section 203.019 to read as follows:
251	251	Sec. 203.019. CERTAIN CONTRACTS PROHIBITED.
252	252	Notwithstanding any other law, the board may not enter into a
253	253	contract with a private vendor under which a child committed to the
254	254	department will be placed in a correctional facility owned,
255	255	operated, or managed by a private vendor.
256	256	SECTION 10. Sections 221.002(a) and (c), Human Resources
257	257	Code, are amended to read as follows:
258	258	(a) The board shall adopt reasonable rules that provide:
259	259	(1) minimum standards for personnel, staffing, case
260	260	loads, programs, facilities, record keeping, equipment, and other
261	261	aspects of the operation of a juvenile board that are necessary to
262	262	provide adequate and effective probation services;
263	263	(2) a code of ethics for probation and detention
264	264	officers and for the enforcement of that code;
265	265	(3) appropriate educational, preservice and
266	266	in-service training, and certification standards for probation and
267	267	detention officers or court-supervised community-based program
268	268	personnel;
269	269	(4) subject to Subsection (d), minimum standards for
270	270	[public and private] juvenile pre-adjudication secure detention
271	271	facilities, [public] juvenile post-adjudication secure
272	272	correctional facilities that are operated under the authority of a
273	273	juvenile board or governmental unit, [private juvenile
274	274	post-adjudication secure correctional facilities operated under a
275	275	contract with a governmental unit,] except those facilities exempt
276	276	from certification by Section 42.052(g), and nonsecure
277	277	correctional facilities operated by [or under contract with] a
278	278	governmental unit; and
279	279	(5) minimum standards for juvenile justice
280	280	alternative education programs created under Section 37.011,
281	281	Education Code, in collaboration and conjunction with the Texas
282	282	Education Agency, or its designee.
283	283	(c) The department shall operate a statewide registry for
284	284	all [public and private] juvenile pre-adjudication secure
285	285	detention facilities and all [public and private] juvenile
286	286	post-adjudication secure correctional facilities.
287	287	SECTION 11. Section 221.053, Human Resources Code, is
288	288	amended to read as follows:
289	289	Sec. 221.053. CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES.
290	290	(a) The only entities other than the state authorized to operate a
291	291	correctional facility to house in this state juvenile inmates
292	292	convicted of offenses committed against the laws of another state
293	293	of the United States are[:
294	294	[(1)] a county or municipality[; and
295	295	[(2) a private vendor operating a correctional
296	296	facility under a contract with a county or municipality].
297	297	(b) The board shall develop rules, procedures, and minimum
298	298	standards applicable to [county or private] correctional
299	299	facilities housing out-of-state juvenile inmates. A contract made
300	300	under Subsection (a) shall require the county or[,] municipality[,
301	301	or private vendor] to operate the facility in compliance with
302	302	minimum standards adopted by the board.
303	303	SECTION 12. Subchapter B, Chapter 221, Human Resources
304	304	Code, is amended by adding Section 221.057 to read as follows:
305	305	Sec. 221.057. CERTAIN CONTRACTS PROHIBITED.
306	306	Notwithstanding any other law, a juvenile board may not enter into a
307	307	contract with a private vendor under which a child will be committed
308	308	to a correctional facility owned, operated, or managed by a private
309	309	vendor.
310	310	SECTION 13. Section 51.127, Family Code, as added by this
311	311	Act, applies to the placement of a child in a correctional facility
312	312	on or after the effective date of this Act, regardless of whether
313	313	the conduct for which the child is placed occurred before, on, or
314	314	after the effective date of this Act.
315	315	SECTION 14. Sections 203.019 and 221.057, Human Resources
316	316	Code, as added by this Act, do not apply to a contract entered into
317	317	or renewed before the effective date of this Act. A contract
318	318	entered into or renewed before the effective date of this Act is
319	319	governed by the law in effect at the time the contract was entered
320	320	into or renewed, and the former law is continued in effect for that
321	321	purpose. A governmental entity may not renew a contract to which
322	322	those sections apply after the effective date of this Act and must
323	323	transfer children who are placed in a private correctional facility
324	324	to a public correctional facility as soon as practicable on or
325	325	before the expiration of the contract for the placement of children
326	326	in the private facility.
327	327	SECTION 15. This Act takes effect September 1, 2017.