85R12403 ADM-D
By: Thierry H.B. No. 3325
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on placing juveniles in privately owned
places of detention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.02(13) and (14), Family Code, are
amended to read as follows:
(13) "Secure correctional facility" means any [public
or private] residential facility, including an alcohol or other
drug treatment facility, that:
(A) includes construction fixtures designed to
physically restrict the movements and activities of juveniles or
other individuals held in lawful custody in the facility; and
(B) is used for the placement of any juvenile who
has been adjudicated as having committed an offense, any
nonoffender, or any other individual convicted of a criminal
offense.
(14) "Secure detention facility" means any [public or
private] residential facility that:
(A) includes construction fixtures designed to
physically restrict the movements and activities of juveniles or
other individuals held in lawful custody in the facility; and
(B) is used for the temporary placement of any
juvenile who is accused of having committed an offense, any
nonoffender, or any other individual accused of having committed a
criminal offense.
SECTION 2. Sections 51.12(b-1), (c), (c-1), and (i), Family
Code, are amended to read as follows:
(b-1) A pre-adjudication secure detention facility may be
operated only by[:
[(1)] a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code[; or
[(2) a private entity under a contract with a
governmental unit in this state].
(c) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all [public or private] juvenile pre-adjudication secure
detention facilities that are located in the county at least
annually and shall certify in writing to the authorities
responsible for operating and giving financial support to the
facilities and to the Texas Juvenile Justice Department that the
facilities are suitable or unsuitable for the detention of
children. In determining whether a facility is suitable or
unsuitable for the detention of children, the juvenile court judges
and juvenile board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the department, including
the report provided under Subsection (c-1), and the status of any
required corrective actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) current building inspector certification
regarding the facility's compliance with local building codes;
(4) for the 12-month period preceding the inspection,
the total number of allegations of abuse, neglect, or exploitation
reported by the facility and a summary of the findings of any
investigations of abuse, neglect, or exploitation conducted by the
facility, a local law enforcement agency, and the department;
(5) the availability of health and mental health
services provided to facility residents;
(6) the availability of educational services provided
to facility residents; and
(7) the overall physical appearance of the facility,
including the facility's security, maintenance, cleanliness, and
environment.
(c-1) The Texas Juvenile Justice Department shall annually
inspect each [public or private] juvenile pre-adjudication secure
detention facility. The department shall provide a report to each
juvenile court judge presiding in the same county as an inspected
facility indicating whether the facility is suitable or unsuitable
for the detention of children in accordance with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication secure confinement promulgated by
the department or, at the election of the juvenile board of the
county in which the facility is located, the current standards
promulgated by the American Correctional Association.
(i) Except for a facility as provided by Subsection (l), a
governmental unit [or private entity] that operates [or contracts
for the operation of] a juvenile pre-adjudication secure detention
facility under Subsection (b-1) in this state shall:
(1) register the facility annually with the Texas
Juvenile Justice Department; and
(2) adhere to all applicable minimum standards for the
facility.
SECTION 3. Sections 51.125(a), (b), (c), and (d), Family
Code, are amended to read as follows:
(a) A post-adjudication secure correctional facility for
juvenile offenders may be operated only by[:
[(1)] a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code[; or
[(2) a private entity under a contract with a
governmental unit in this state].
(b) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all [public or private] juvenile post-adjudication secure
correctional facilities that are not operated by the Texas Juvenile
Justice Department and that are located in the county at least
annually and shall certify in writing to the authorities
responsible for operating and giving financial support to the
facilities and to the department that the facility or facilities
are suitable or unsuitable for the confinement of children. In
determining whether a facility is suitable or unsuitable for the
confinement of children, the juvenile court judges and juvenile
board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the department, including
the report provided under Subsection (c), and the status of any
required corrective actions; and
(2) the other factors described under Sections
51.12(c)(2)-(7).
(c) The Texas Juvenile Justice Department shall annually
inspect each [public or private] juvenile post-adjudication secure
correctional facility that is not operated by the department. The
department shall provide a report to each juvenile court judge
presiding in the same county as an inspected facility indicating
whether the facility is suitable or unsuitable for the confinement
of children in accordance with minimum professional standards for
the confinement of children in post-adjudication secure
confinement promulgated by the department or, at the election of
the juvenile board of the county in which the facility is located,
the current standards promulgated by the American Correctional
Association.
(d) A governmental unit [or private entity] that operates
[or contracts for the operation of] a juvenile post-adjudication
secure correctional facility in this state under Subsection (a),
except for a facility operated by or under contract with the Texas
Juvenile Justice Department, shall:
(1) register the facility annually with the
department; and
(2) adhere to all applicable minimum standards for the
facility.
SECTION 4. Sections 51.126(a) and (d), Family Code, are
amended to read as follows:
(a) A nonsecure correctional facility for juvenile
offenders may be operated only by[:
[(1)] a governmental unit, as defined by Section
101.001, Civil Practice and Remedies Code[; or
[(2) a private entity under a contract with a
governmental unit in this state].
(d) A governmental unit [or private entity] that operates
[or contracts for the operation of] a juvenile nonsecure
correctional facility in this state under Subsection (a), except
for a facility operated by or under contract with the Texas Juvenile
Justice Department, shall:
(1) register the facility annually with the Texas
Juvenile Justice Department; and
(2) adhere to all applicable minimum standards for the
facility.
SECTION 5. Chapter 51, Family Code, is amended by adding
Section 51.127 to read as follows:
Sec. 51.127. PLACEMENT IN PRIVATE CORRECTIONAL FACILITY
PROHIBITED. Notwithstanding any other law, a child may not be
placed in a correctional facility owned, operated, or managed by a
private vendor.
SECTION 6. Section 54.011(f), Family Code, is amended to
read as follows:
(f) Except as provided by Subsection (a), a nonoffender,
including a person who has been taken into custody and is being held
solely for deportation out of the United States, may not be detained
for any period of time in a secure detention facility or secure
correctional facility[, regardless of whether the facility is
publicly or privately operated]. A nonoffender who is detained in
violation of this subsection is entitled to immediate release from
the facility and may bring a civil action for compensation for the
illegal detention against any person responsible for the detention.
A person commits an offense if the person knowingly detains or
assists in detaining a nonoffender in a secure detention facility
or secure correctional facility in violation of this subsection.
An offense under this subsection is a Class B misdemeanor.
SECTION 7. Section 54.04(d), Family Code, is amended to
read as follows:
(d) If the court or jury makes the finding specified in
Subsection (c) allowing the court to make a disposition in the case:
(1) the court or jury may, in addition to any order
required or authorized under Section 54.041 or 54.042, place the
child on probation on such reasonable and lawful terms as the court
may determine:
(A) in the child's own home or in the custody of a
relative or other fit person; or
(B) subject to the finding under Subsection (c)
on the placement of the child outside the child's home, in:
(i) a suitable foster home;
(ii) a suitable public or private
residential treatment facility licensed by a state governmental
entity or exempted from licensure by state law, except a facility
operated by the Texas Juvenile Justice Department; or
(iii) a suitable [public or private]
post-adjudication secure correctional facility that meets the
requirements of Section 51.125, except a facility operated by the
Texas Juvenile Justice Department;
(2) if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that violates a penal law of this state or the United States of the
grade of felony, the court or jury made a special commitment finding
under Section 54.04013, and the petition was not approved by the
grand jury under Section 53.045, the court may commit the child to
the Texas Juvenile Justice Department under Section 54.04013, or a
post-adjudication secure correctional facility under Section
54.04011(c)(1), as applicable, without a determinate sentence;
(3) if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that included a violation of a penal law listed in Section 53.045(a)
and if the petition was approved by the grand jury under Section
53.045, the court or jury may sentence the child to commitment in
the Texas Juvenile Justice Department or a post-adjudication secure
correctional facility under Section 54.04011(c)(2) with a possible
transfer to the Texas Department of Criminal Justice for a term of:
(A) not more than 40 years if the conduct
constitutes:
(i) a capital felony;
(ii) a felony of the first degree; or
(iii) an aggravated controlled substance
felony;
(B) not more than 20 years if the conduct
constitutes a felony of the second degree; or
(C) not more than 10 years if the conduct
constitutes a felony of the third degree;
(4) the court may assign the child an appropriate
sanction level and sanctions as provided by the assignment
guidelines in Section 59.003;
(5) the court may place the child in a suitable
nonsecure correctional facility that is registered and meets the
applicable standards for the facility as provided by Section
51.126; or
(6) if applicable, the court or jury may make a
disposition under Subsection (m) or Section 54.04011(c)(2)(A).
SECTION 8. Section 54.04011(d), Family Code, is amended to
read as follows:
(d) Nothing in this section may be construed to prohibit:
(1) a juvenile court or jury from making a disposition
under Section 54.04, including:
(A) placing a child on probation on such
reasonable and lawful terms as the court may determine, including
placement in a [public or private] post-adjudication secure
correctional facility under Section 54.04(d)(1)(B)(iii); or
(B) placing a child adjudicated under Section
54.04(d)(3) or (m) on probation for a term of not more than 10
years, as provided in Section 54.04(q); or
(2) the attorney representing the state from filing a
motion concerning a child who has been placed on probation under
Section 54.04(q) or the juvenile court from holding a hearing under
Section 54.051(a).
SECTION 9. Chapter 203, Human Resources Code, is amended by
adding Section 203.019 to read as follows:
Sec. 203.019. CERTAIN CONTRACTS PROHIBITED.
Notwithstanding any other law, the board may not enter into a
contract with a private vendor under which a child committed to the
department will be placed in a correctional facility owned,
operated, or managed by a private vendor.
SECTION 10. Sections 221.002(a) and (c), Human Resources
Code, are amended to read as follows:
(a) The board shall adopt reasonable rules that provide:
(1) minimum standards for personnel, staffing, case
loads, programs, facilities, record keeping, equipment, and other
aspects of the operation of a juvenile board that are necessary to
provide adequate and effective probation services;
(2) a code of ethics for probation and detention
officers and for the enforcement of that code;
(3) appropriate educational, preservice and
in-service training, and certification standards for probation and
detention officers or court-supervised community-based program
personnel;
(4) subject to Subsection (d), minimum standards for
[public and private] juvenile pre-adjudication secure detention
facilities, [public] juvenile post-adjudication secure
correctional facilities that are operated under the authority of a
juvenile board or governmental unit, [private juvenile
post-adjudication secure correctional facilities operated under a
contract with a governmental unit,] except those facilities exempt
from certification by Section 42.052(g), and nonsecure
correctional facilities operated by [or under contract with] a
governmental unit; and
(5) minimum standards for juvenile justice
alternative education programs created under Section 37.011,
Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee.
(c) The department shall operate a statewide registry for
all [public and private] juvenile pre-adjudication secure
detention facilities and all [public and private] juvenile
post-adjudication secure correctional facilities.
SECTION 11. Section 221.053, Human Resources Code, is
amended to read as follows:
Sec. 221.053. CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES.
(a) The only entities other than the state authorized to operate a
correctional facility to house in this state juvenile inmates
convicted of offenses committed against the laws of another state
of the United States are[:
[(1)] a county or municipality[; and
[(2) a private vendor operating a correctional
facility under a contract with a county or municipality].
(b) The board shall develop rules, procedures, and minimum
standards applicable to [county or private] correctional
facilities housing out-of-state juvenile inmates. A contract made
under Subsection (a) shall require the county or[,] municipality[,
or private vendor] to operate the facility in compliance with
minimum standards adopted by the board.
SECTION 12. Subchapter B, Chapter 221, Human Resources
Code, is amended by adding Section 221.057 to read as follows:
Sec. 221.057. CERTAIN CONTRACTS PROHIBITED.
Notwithstanding any other law, a juvenile board may not enter into a
contract with a private vendor under which a child will be committed
to a correctional facility owned, operated, or managed by a private
vendor.
SECTION 13. Section 51.127, Family Code, as added by this
Act, applies to the placement of a child in a correctional facility
on or after the effective date of this Act, regardless of whether
the conduct for which the child is placed occurred before, on, or
after the effective date of this Act.
SECTION 14. Sections 203.019 and 221.057, Human Resources
Code, as added by this Act, do not apply to a contract entered into
or renewed before the effective date of this Act. A contract
entered into or renewed before the effective date of this Act is
governed by the law in effect at the time the contract was entered
into or renewed, and the former law is continued in effect for that
purpose. A governmental entity may not renew a contract to which
those sections apply after the effective date of this Act and must
transfer children who are placed in a private correctional facility
to a public correctional facility as soon as practicable on or
before the expiration of the contract for the placement of children
in the private facility.
SECTION 15. This Act takes effect September 1, 2017.