Texas 2023 - 88th Regular

Texas House Bill HB2740 Compare Versions

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1	1	88R2680 CJD-F
2	2	By: Smith H.B. No. 2740
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the inspection of juvenile justice facilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 51.12, Family Code, is amended by
10	10	amending Subsections (a), (b-1), (d), (e), (j), (j-1), (k), and (l)
11	11	and adding Subsection (c-2) to read as follows:
12	12	(a) Except as provided by Subsection (h), a child may be
13	13	detained only in a:
14	14	(1) juvenile processing office in compliance with
15	15	Section 52.025;
16	16	(2) place of nonsecure custody in compliance with
17	17	Article 45.058, Code of Criminal Procedure;
18	18	(3) [certified] juvenile detention facility that is
19	19	determined to be suitable after the most recent inspection under
20	20	Subsection (c-1) and that complies with the requirements of
21	21	Subsection (f);
22	22	(4) secure detention facility as provided by
23	23	Subsection (j);
24	24	(5) county jail or other facility as provided by
25	25	Subsection (l); or
26	26	(6) nonsecure correctional facility as provided by
27	27	Subsection (j-1).
28	28	(b-1) A pre-adjudication secure detention facility may be
29	29	operated only by:
30	30	(1) a governmental unit in this state as defined by
31	31	Section 101.001, Civil Practice and Remedies Code; or
32	32	(2) a private entity under a contract with the Texas
33	33	Juvenile Justice Department or another [a] governmental unit in
34	34	this state.
35	35	(c-2) In each county, each juvenile court judge and juvenile
36	36	board shall annually meet to review the inspection report provided
37	37	by the Texas Juvenile Justice Department under Subsection (c-1)
38	38	from the department's inspection of each public or private juvenile
39	39	pre-adjudication secure detention facility in the county. The
40	40	meeting shall be held not later than the 60th day after the date of
41	41	receipt of the inspection report. In addition to reviewing the
42	42	inspection report, the juvenile court judges and juvenile board
43	43	members shall review:
44	44	(1) current monitoring and inspection reports and any
45	45	noncompliance citation reports issued by the department and the
46	46	status of any required corrective actions;
47	47	(2) current governmental inspector certification
48	48	regarding the facility's compliance with local fire codes;
49	49	(3) for the 12-month period preceding the date of the
50	50	inspection, any building inspector certification regarding the
51	51	facility's compliance with local building codes;
52	52	(4) for the 12-month period preceding the date of the
53	53	inspection, the total number of allegations of abuse, neglect, or
54	54	exploitation reported by the facility and a summary of the findings
55	55	of any investigation of abuse, neglect, or exploitation conducted
56	56	by the facility, a local law enforcement agency, or the department;
57	57	(5) the availability of health and mental health
58	58	services provided to facility residents;
59	59	(6) the availability of educational services provided
60	60	to facility residents; and
61	61	(7) for the 12-month period preceding the date of the
62	62	inspection, any report concerning the facility issued by the
63	63	department's independent ombudsman.
64	64	(d) Except as provided by Subsections (j) and (l), a child
65	65	may not be placed in a facility that has not been inspected
66	66	[certified] under Subsection (c-1) and determined to be [(c) as]
67	67	suitable for the detention of children and registered under
68	68	Subsection (i). Except as provided by Subsections (j) and (l), a
69	69	child detained in a facility that has not been inspected
70	70	[certified] under Subsection (c-1) and determined to be [(c) as]
71	71	suitable for the detention of children or that has not been
72	72	registered under Subsection (i) shall be entitled to immediate
73	73	release from custody in that facility.
74	74	(e) If there is no [certified] place of detention that has
75	75	been inspected and determined to be suitable under Subsection (c-1)
76	76	in the county in which the petition is filed, the designated place
77	77	of detention may be in another county.
78	78	(j) After being taken into custody, a child may be detained
79	79	in a secure detention facility until the child is released under
80	80	Section 53.01, 53.012, or 53.02 or until a detention hearing is held
81	81	under Section 54.01(a), regardless of whether the facility has been
82	82	inspected [certified] under Subsection (c-1) [(c)], if:
83	83	(1) a [certified] juvenile detention facility that has
84	84	been inspected and determined to be suitable under Subsection (c-1)
85	85	is not available in the county in which the child is taken into
86	86	custody;
87	87	(2) the detention facility complies with:
88	88	(A) the short-term detention standards adopted
89	89	by the Texas Juvenile Justice Department; and
90	90	(B) the requirements of Subsection (f); and
91	91	(3) the detention facility has been designated by the
92	92	county juvenile board for the county in which the facility is
93	93	located.
94	94	(j-1) After being taken into custody, a child may be
95	95	detained in a nonsecure correctional facility until the child is
96	96	released under Section 53.01, 53.012, or 53.02 or until a detention
97	97	hearing is held under Section 54.01(a), if:
98	98	(1) the nonsecure correctional facility has been
99	99	appropriately registered and inspected [certified];
100	100	(2) a [certified] secure detention facility that has
101	101	been inspected and determined to be suitable under Subsection (c-1)
102	102	is not available in the county in which the child is taken into
103	103	custody;
104	104	(3) the nonsecure correctional facility complies with
105	105	the short-term detention standards adopted by the Texas Juvenile
106	106	Justice Department; and
107	107	(4) the nonsecure correctional facility has been
108	108	designated by the county juvenile board for the county in which the
109	109	facility is located.
110	110	(k) If a child who is detained under Subsection (j) or (l) is
111	111	not released from detention at the conclusion of the detention
112	112	hearing for a reason stated in Section 54.01(e), the child may be
113	113	detained after the hearing only in a [certified] juvenile detention
114	114	facility that has been inspected and determined to be suitable
115	115	under Subsection (c-1).
116	116	(l) A child who is taken into custody and required to be
117	117	detained under Section 53.02(f) may be detained in a county jail or
118	118	other facility until the child is released under Section 53.02(f)
119	119	or until a detention hearing is held as required by Section
120	120	54.01(p), regardless of whether the facility complies with the
121	121	requirements of this section, if:
122	122	(1) a [certified] juvenile detention facility that has
123	123	been inspected and determined to be suitable under Subsection (c-1)
124	124	or a secure detention facility described by Subsection (j) is not
125	125	available in the county in which the child is taken into custody or
126	126	in an adjacent county;
127	127	(2) the facility has been designated by the county
128	128	juvenile board for the county in which the facility is located;
129	129	(3) the child is separated by sight and sound from
130	130	adults detained in the same facility through architectural design
131	131	or time-phasing;
132	132	(4) the child does not have any contact with
133	133	management or direct-care staff that has contact with adults
134	134	detained in the same facility on the same work shift; and
135	135	(5) the county in which the child is taken into custody
136	136	is not located in a metropolitan statistical area as designated by
137	137	the United States Bureau of the Census[; and
138	138	[(6) each judge of the juvenile court and a majority of
139	139	the members of the juvenile board of the county in which the child
140	140	is taken into custody have personally inspected the facility at
141	141	least annually and have certified in writing to the Texas Juvenile
142	142	Justice Department that the facility complies with the requirements
143	143	of Subdivisions (3) and (4)].
144	144	SECTION 2. Section 51.125, Family Code, is amended by
145	145	amending Subsection (a) and adding Subsection (c-1) to read as
146	146	follows:
147	147	(a) A post-adjudication secure correctional facility for
148	148	juvenile offenders may be operated only by:
149	149	(1) a governmental unit in this state as defined by
150	150	Section 101.001, Civil Practice and Remedies Code; or
151	151	(2) a private entity under a contract with the Texas
152	152	Juvenile Justice Department or another [a] governmental unit in
153	153	this state.
154	154	(c-1) In each county, each juvenile court judge and juvenile
155	155	board shall annually meet to review the inspection report provided
156	156	by the Texas Juvenile Justice Department under Subsection (c) from
157	157	the department's inspection of each public or private juvenile
158	158	pre-adjudication secure detention facility in the county. The
159	159	meeting shall be held not later than the 60th day after the date of
160	160	receipt of the inspection report. In addition to reviewing the
161	161	inspection report, the juvenile court judges and juvenile board
162	162	shall review:
163	163	(1) current monitoring and inspection reports and any
164	164	noncompliance citation reports issued by the department and the
165	165	status of any required corrective actions;
166	166	(2) current governmental inspector certification
167	167	regarding the facility's compliance with local fire codes;
168	168	(3) for the 12-month period preceding the date of the
169	169	inspection, any building inspector certification regarding the
170	170	facility's compliance with local building codes;
171	171	(4) for the 12-month period preceding the date of the
172	172	inspection, the total number of allegations of abuse, neglect, or
173	173	exploitation reported by the facility and a summary of the findings
174	174	of any investigation of abuse, neglect, or exploitation conducted
175	175	by the facility, a local law enforcement agency, or the department;
176	176	(5) the availability of health and mental health
177	177	services provided to facility residents;
178	178	(6) the availability of educational services provided
179	179	to facility residents; and
180	180	(7) for the 12-month period preceding the date of the
181	181	inspection, any report concerning the facility issued by the
182	182	department's independent ombudsman.
183	183	SECTION 3. Section 51.126, Family Code, is amended by
184	184	amending Subsections (a) and (c) and adding Subsection (c-1) to
185	185	read as follows:
186	186	(a) A nonsecure correctional facility for juvenile
187	187	offenders may be operated only by:
188	188	(1) a governmental unit, as defined by Section
189	189	101.001, Civil Practice and Remedies Code; or
190	190	(2) a private entity under a contract with the Texas
191	191	Juvenile Justice Department or another [a] governmental unit in
192	192	this state.
193	193	(c) The Texas Juvenile Justice Department shall annually
194	194	inspect each public or private juvenile nonsecure correctional
195	195	facility. The department [Texas Juvenile Justice Department] shall
196	196	provide a report to each juvenile court judge presiding in the same
197	197	county as an inspected facility indicating whether the facility is
198	198	suitable or unsuitable for the confinement of children in
199	199	accordance with minimum professional standards for the confinement
200	200	of children in nonsecure confinement promulgated by the department
201	201	[Texas Juvenile Justice Department] or, at the election of the
202	202	juvenile board of the county in which the facility is located, the
203	203	current standards promulgated by the American Correctional
204	204	Association.
205	205	(c-1) In each county, each juvenile court judge and juvenile
206	206	board shall annually meet to review the inspection report provided
207	207	by the Texas Juvenile Justice Department under Subsection (c) from
208	208	the department's inspection of each public or private juvenile
209	209	pre-adjudication secure detention facility in the county. The
210	210	meeting shall be held not later than the 60th day after the date of
211	211	receipt of the inspection report. In addition to reviewing the
212	212	inspection report, the juvenile court judges and juvenile board
213	213	shall review:
214	214	(1) current monitoring and inspection reports and any
215	215	noncompliance citation reports issued by the department and the
216	216	status of any required corrective actions;
217	217	(2) current governmental inspector certification
218	218	regarding the facility's compliance with local fire codes;
219	219	(3) for the 12-month period preceding the date of the
220	220	inspection, any building inspector certification regarding the
221	221	facility's compliance with local building codes;
222	222	(4) for the 12-month period preceding the date of the
223	223	inspection, the total number of allegations of abuse, neglect, or
224	224	exploitation reported by the facility and a summary of the findings
225	225	of any investigation of abuse, neglect, or exploitation conducted
226	226	by the facility, a local law enforcement agency, or the department;
227	227	(5) the availability of health and mental health
228	228	services provided to facility residents;
229	229	(6) the availability of educational services provided
230	230	to facility residents; and
231	231	(7) for the 12-month period preceding the date of the
232	232	inspection, any report concerning the facility issued by the
233	233	department's independent ombudsman.
234	234	SECTION 4. Article 4.19, Code of Criminal Procedure, is
235	235	amended to read as follows:
236	236	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
237	237	ADULT. (a) Notwithstanding the order of a juvenile court to detain
238	238	a person under the age of 17 who has been certified to stand trial as
239	239	an adult in a [certified] juvenile detention facility described by
240	240	[under] Section 54.02(h), Family Code, the judge of the criminal
241	241	court having jurisdiction over the person may order the person to be
242	242	transferred to an adult facility. A child who is transferred to an
243	243	adult facility must be detained under conditions meeting the
244	244	requirements of Section 51.12, Family Code.
245	245	(b) On the 17th birthday of a person described by Subsection
246	246	(a) who is detained in a [certified] juvenile detention facility
247	247	described by [under] Section 54.02(h), Family Code, the judge of
248	248	the criminal court having jurisdiction over the person shall order
249	249	the person to be transferred to an adult facility.
250	250	SECTION 5. Articles 24.011(d) and (d-1), Code of Criminal
251	251	Procedure, are amended to read as follows:
252	252	(d) The court may order that the person who is the witness be
253	253	detained in a [certified] juvenile detention facility that has been
254	254	inspected and determined to be suitable if the person is younger
255	255	than 17 years of age. If the person is at least 17 years of age, the
256	256	court may order that the person be detained without bond in an
257	257	appropriate county facility for the detention of adults accused of
258	258	criminal offenses.
259	259	(d-1) A witness younger than 17 years of age held in custody
260	260	under this article may be placed in a [certified] juvenile
261	261	detention facility that has been inspected and determined to be
262	262	suitable for a period not to exceed 30 days. The length of
263	263	placement may be extended in increments of 30 days by the court that
264	264	issued the original bench warrant. If the placement is not
265	265	extended, the period under this article expires and the witness may
266	266	be returned as provided by Subsection (c).
267	267	SECTION 6. Section 51.13(c), Family Code, is amended to
268	268	read as follows:
269	269	(c) A child may not be committed or transferred to a penal
270	270	institution or other facility used primarily for the execution of
271	271	sentences of persons convicted of crime, except:
272	272	(1) for temporary detention in a jail or lockup
273	273	pending juvenile court hearing or disposition under conditions
274	274	meeting the requirements of Section 51.12;
275	275	(2) after transfer for prosecution in criminal court
276	276	under Section 54.02, unless the juvenile court orders the detention
277	277	of the child in a [certified] juvenile detention facility described
278	278	by [under] Section 54.02(h);
279	279	(3) after transfer from the Texas Juvenile Justice
280	280	Department under Section 245.151(c), Human Resources Code; or
281	281	(4) after transfer from a post-adjudication secure
282	282	correctional facility[, as that term is defined by Section
283	283	54.04011].
284	284	SECTION 7. Sections 52.0151(b) and (c), Family Code, are
285	285	amended to read as follows:
286	286	(b) The court may order that the person who is the witness be
287	287	detained in a [certified] juvenile detention facility that has been
288	288	inspected and determined to be suitable if the person is younger
289	289	than 17 years of age. If the person is at least 17 years of age, the
290	290	court may order that the person be detained without bond in an
291	291	appropriate county facility for the detention of adults accused of
292	292	criminal offenses.
293	293	(c) A witness held in custody under this section may be
294	294	placed in a [certified] juvenile detention facility that has been
295	295	inspected and determined to be suitable for a period not to exceed
296	296	30 days. The length of placement may be extended in 30-day
297	297	increments by the court that issued the original bench warrant. If
298	298	the placement is not extended, the period under this section
299	299	expires and the witness may be returned as provided by Subsection
300	300	(a).
301	301	SECTION 8. Section 54.01(h), Family Code, is amended to
302	302	read as follows:
303	303	(h) A detention order extends to the conclusion of the
304	304	disposition hearing, if there is one, but in no event for more than
305	305	10 working days. Further detention orders may be made following
306	306	subsequent detention hearings. The initial detention hearing may
307	307	not be waived but subsequent detention hearings may be waived in
308	308	accordance with the requirements of Section 51.09. Each subsequent
309	309	detention order shall extend for no more than 10 working days,
310	310	except that in a county that does not have a [certified] juvenile
311	311	detention facility, as described by Section 51.12(a)(3), each
312	312	subsequent detention order shall extend for no more than 15 working
313	313	days.
314	314	SECTION 9. Sections 54.02(h), (h-1), (p), and (q), Family
315	315	Code, are amended to read as follows:
316	316	(h) If the juvenile court waives jurisdiction, it shall
317	317	state specifically in the order its reasons for waiver and certify
318	318	its action, including the written order and findings of the court,
319	319	and shall transfer the person to the appropriate court for criminal
320	320	proceedings and cause the results of the diagnostic study of the
321	321	person ordered under Subsection (d), including psychological
322	322	information, to be transferred to the appropriate criminal
323	323	prosecutor. On transfer of the person for criminal proceedings,
324	324	the person shall be dealt with as an adult and in accordance with
325	325	the Code of Criminal Procedure, except that if detention in a
326	326	[certified] juvenile detention facility that has been inspected and
327	327	determined to be suitable is authorized under Section 152.0015,
328	328	Human Resources Code, the juvenile court may order the person to be
329	329	detained in the facility pending trial or until the criminal court
330	330	enters an order under Article 4.19, Code of Criminal Procedure. A
331	331	transfer of custody made under this subsection is an arrest.
332	332	(h-1) If the juvenile court orders a person detained in a
333	333	[certified] juvenile detention facility under Subsection (h), the
334	334	juvenile court shall set or deny bond for the person as required by
335	335	the Code of Criminal Procedure and other law applicable to the
336	336	pretrial detention of adults accused of criminal offenses.
337	337	(p) If the juvenile court does not order a respondent
338	338	released under Subsection (o), the court shall, pending the
339	339	conclusion of the discretionary transfer hearing, order that the
340	340	respondent be detained in:
341	341	(1) a [certified] juvenile detention facility as
342	342	provided by Subsection (q); or
343	343	(2) an appropriate county facility for the detention
344	344	of adults accused of criminal offenses.
345	345	(q) The detention of a respondent in a [certified] juvenile
346	346	detention facility that has been inspected and determined to be
347	347	suitable must comply with the detention requirements under this
348	348	title, except that, to the extent practicable, the person shall be
349	349	kept separate from children detained in the same facility.
350	350	SECTION 10. Sections 54.11(l) and (m), Family Code, are
351	351	amended to read as follows:
352	352	(l) Pending the conclusion of a transfer hearing, the
353	353	juvenile court shall order that the person who is referred for
354	354	transfer be detained in a [certified] juvenile detention facility
355	355	as provided by Subsection (m). If the person is at least 17 years of
356	356	age, the juvenile court may order that the person be detained
357	357	without bond in an appropriate county facility for the detention of
358	358	adults accused of criminal offenses.
359	359	(m) The detention of a person in a [certified] juvenile
360	360	detention facility that has been inspected and determined to be
361	361	suitable must comply with the detention requirements under this
362	362	title, except that, to the extent practicable, the person must be
363	363	kept separate from children detained in the same facility.
364	364	SECTION 11. Sections 51.12(c), 51.125(b), and 51.126(b),
365	365	Family Code, are repealed.
366	366	SECTION 12. This Act takes effect September 1, 2023.