88R2680 CJD-F
By: Smith H.B. No. 2740
A BILL TO BE ENTITLED
AN ACT
relating to the inspection of juvenile justice facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.12, Family Code, is amended by
amending Subsections (a), (b-1), (d), (e), (j), (j-1), (k), and (l)
and adding Subsection (c-2) to read as follows:
(a) Except as provided by Subsection (h), a child may be
detained only in a:
(1) juvenile processing office in compliance with
Section 52.025;
(2) place of nonsecure custody in compliance with
Article 45.058, Code of Criminal Procedure;
(3) [certified] juvenile detention facility that is
determined to be suitable after the most recent inspection under
Subsection (c-1) and that complies with the requirements of
Subsection (f);
(4) secure detention facility as provided by
Subsection (j);
(5) county jail or other facility as provided by
Subsection (l); or
(6) nonsecure correctional facility as provided by
Subsection (j-1).
(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 the Texas
Juvenile Justice Department or another [a] governmental unit in
this state.
(c-2) In each county, each juvenile court judge and juvenile
board shall annually meet to review the inspection report provided
by the Texas Juvenile Justice Department under Subsection (c-1)
from the department's inspection of each public or private juvenile
pre-adjudication secure detention facility in the county. The
meeting shall be held not later than the 60th day after the date of
receipt of the inspection report. In addition to reviewing the
inspection report, the juvenile court judges and juvenile board
members shall review:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the department and the
status of any required corrective actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) for the 12-month period preceding the date of the
inspection, any building inspector certification regarding the
facility's compliance with local building codes;
(4) for the 12-month period preceding the date of the
inspection, the total number of allegations of abuse, neglect, or
exploitation reported by the facility and a summary of the findings
of any investigation of abuse, neglect, or exploitation conducted
by the facility, a local law enforcement agency, or 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) for the 12-month period preceding the date of the
inspection, any report concerning the facility issued by the
department's independent ombudsman.
(d) Except as provided by Subsections (j) and (l), a child
may not be placed in a facility that has not been inspected
[certified] under Subsection (c-1) and determined to be [(c) as]
suitable for the detention of children and registered under
Subsection (i). Except as provided by Subsections (j) and (l), a
child detained in a facility that has not been inspected
[certified] under Subsection (c-1) and determined to be [(c) as]
suitable for the detention of children or that has not been
registered under Subsection (i) shall be entitled to immediate
release from custody in that facility.
(e) If there is no [certified] place of detention that has
been inspected and determined to be suitable under Subsection (c-1)
in the county in which the petition is filed, the designated place
of detention may be in another county.
(j) After being taken into custody, a child may be detained
in a secure detention facility until the child is released under
Section 53.01, 53.012, or 53.02 or until a detention hearing is held
under Section 54.01(a), regardless of whether the facility has been
inspected [certified] under Subsection (c-1) [(c)], if:
(1) a [certified] juvenile detention facility that has
been inspected and determined to be suitable under Subsection (c-1)
is not available in the county in which the child is taken into
custody;
(2) the detention facility complies with:
(A) the short-term detention standards adopted
by the Texas Juvenile Justice Department; and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by the
county juvenile board for the county in which the facility is
located.
(j-1) After being taken into custody, a child may be
detained in a nonsecure correctional facility until the child is
released under Section 53.01, 53.012, or 53.02 or until a detention
hearing is held under Section 54.01(a), if:
(1) the nonsecure correctional facility has been
appropriately registered and inspected [certified];
(2) a [certified] secure detention facility that has
been inspected and determined to be suitable under Subsection (c-1)
is not available in the county in which the child is taken into
custody;
(3) the nonsecure correctional facility complies with
the short-term detention standards adopted by the Texas Juvenile
Justice Department; and
(4) the nonsecure correctional facility has been
designated by the county juvenile board for the county in which the
facility is located.
(k) If a child who is detained under Subsection (j) or (l) is
not released from detention at the conclusion of the detention
hearing for a reason stated in Section 54.01(e), the child may be
detained after the hearing only in a [certified] juvenile detention
facility that has been inspected and determined to be suitable
under Subsection (c-1).
(l) A child who is taken into custody and required to be
detained under Section 53.02(f) may be detained in a county jail or
other facility until the child is released under Section 53.02(f)
or until a detention hearing is held as required by Section
54.01(p), regardless of whether the facility complies with the
requirements of this section, if:
(1) a [certified] juvenile detention facility that has
been inspected and determined to be suitable under Subsection (c-1)
or a secure detention facility described by Subsection (j) is not
available in the county in which the child is taken into custody or
in an adjacent county;
(2) the facility has been designated by the county
juvenile board for the county in which the facility is located;
(3) the child is separated by sight and sound from
adults detained in the same facility through architectural design
or time-phasing;
(4) the child does not have any contact with
management or direct-care staff that has contact with adults
detained in the same facility on the same work shift; and
(5) the county in which the child is taken into custody
is not located in a metropolitan statistical area as designated by
the United States Bureau of the Census[; and
[(6) each judge of the juvenile court and a majority of
the members of the juvenile board of the county in which the child
is taken into custody have personally inspected the facility at
least annually and have certified in writing to the Texas Juvenile
Justice Department that the facility complies with the requirements
of Subdivisions (3) and (4)].
SECTION 2. Section 51.125, Family Code, is amended by
amending Subsection (a) and adding Subsection (c-1) 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 the Texas
Juvenile Justice Department or another [a] governmental unit in
this state.
(c-1) In each county, each juvenile court judge and juvenile
board shall annually meet to review the inspection report provided
by the Texas Juvenile Justice Department under Subsection (c) from
the department's inspection of each public or private juvenile
pre-adjudication secure detention facility in the county. The
meeting shall be held not later than the 60th day after the date of
receipt of the inspection report. In addition to reviewing the
inspection report, the juvenile court judges and juvenile board
shall review:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the department and the
status of any required corrective actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) for the 12-month period preceding the date of the
inspection, any building inspector certification regarding the
facility's compliance with local building codes;
(4) for the 12-month period preceding the date of the
inspection, the total number of allegations of abuse, neglect, or
exploitation reported by the facility and a summary of the findings
of any investigation of abuse, neglect, or exploitation conducted
by the facility, a local law enforcement agency, or 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) for the 12-month period preceding the date of the
inspection, any report concerning the facility issued by the
department's independent ombudsman.
SECTION 3. Section 51.126, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsection (c-1) 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 the Texas
Juvenile Justice Department or another [a] governmental unit in
this state.
(c) The Texas Juvenile Justice Department shall annually
inspect each public or private juvenile nonsecure correctional
facility. The department [Texas Juvenile Justice 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 nonsecure confinement promulgated by the department
[Texas Juvenile Justice 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.
(c-1) In each county, each juvenile court judge and juvenile
board shall annually meet to review the inspection report provided
by the Texas Juvenile Justice Department under Subsection (c) from
the department's inspection of each public or private juvenile
pre-adjudication secure detention facility in the county. The
meeting shall be held not later than the 60th day after the date of
receipt of the inspection report. In addition to reviewing the
inspection report, the juvenile court judges and juvenile board
shall review:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the department and the
status of any required corrective actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) for the 12-month period preceding the date of the
inspection, any building inspector certification regarding the
facility's compliance with local building codes;
(4) for the 12-month period preceding the date of the
inspection, the total number of allegations of abuse, neglect, or
exploitation reported by the facility and a summary of the findings
of any investigation of abuse, neglect, or exploitation conducted
by the facility, a local law enforcement agency, or 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) for the 12-month period preceding the date of the
inspection, any report concerning the facility issued by the
department's independent ombudsman.
SECTION 4. Article 4.19, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
ADULT. (a) Notwithstanding the order of a juvenile court to detain
a person under the age of 17 who has been certified to stand trial as
an adult in a [certified] juvenile detention facility described by
[under] Section 54.02(h), Family Code, the judge of the criminal
court having jurisdiction over the person may order the person to be
transferred to an adult facility. A child who is transferred to an
adult facility must be detained under conditions meeting the
requirements of Section 51.12, Family Code.
(b) On the 17th birthday of a person described by Subsection
(a) who is detained in a [certified] juvenile detention facility
described by [under] Section 54.02(h), Family Code, the judge of
the criminal court having jurisdiction over the person shall order
the person to be transferred to an adult facility.
SECTION 5. Articles 24.011(d) and (d-1), Code of Criminal
Procedure, are amended to read as follows:
(d) The court may order that the person who is the witness be
detained in a [certified] juvenile detention facility that has been
inspected and determined to be suitable if the person is younger
than 17 years of age. If the person is at least 17 years of age, the
court may order that the person be detained without bond in an
appropriate county facility for the detention of adults accused of
criminal offenses.
(d-1) A witness younger than 17 years of age held in custody
under this article may be placed in a [certified] juvenile
detention facility that has been inspected and determined to be
suitable for a period not to exceed 30 days. The length of
placement may be extended in increments of 30 days by the court that
issued the original bench warrant. If the placement is not
extended, the period under this article expires and the witness may
be returned as provided by Subsection (c).
SECTION 6. Section 51.13(c), Family Code, is amended to
read as follows:
(c) A child may not be committed or transferred to a penal
institution or other facility used primarily for the execution of
sentences of persons convicted of crime, except:
(1) for temporary detention in a jail or lockup
pending juvenile court hearing or disposition under conditions
meeting the requirements of Section 51.12;
(2) after transfer for prosecution in criminal court
under Section 54.02, unless the juvenile court orders the detention
of the child in a [certified] juvenile detention facility described
by [under] Section 54.02(h);
(3) after transfer from the Texas Juvenile Justice
Department under Section 245.151(c), Human Resources Code; or
(4) after transfer from a post-adjudication secure
correctional facility[, as that term is defined by Section
54.04011].
SECTION 7. Sections 52.0151(b) and (c), Family Code, are
amended to read as follows:
(b) The court may order that the person who is the witness be
detained in a [certified] juvenile detention facility that has been
inspected and determined to be suitable if the person is younger
than 17 years of age. If the person is at least 17 years of age, the
court may order that the person be detained without bond in an
appropriate county facility for the detention of adults accused of
criminal offenses.
(c) A witness held in custody under this section may be
placed in a [certified] juvenile detention facility that has been
inspected and determined to be suitable for a period not to exceed
30 days. The length of placement may be extended in 30-day
increments by the court that issued the original bench warrant. If
the placement is not extended, the period under this section
expires and the witness may be returned as provided by Subsection
(a).
SECTION 8. Section 54.01(h), Family Code, is amended to
read as follows:
(h) A detention order extends to the conclusion of the
disposition hearing, if there is one, but in no event for more than
10 working days. Further detention orders may be made following
subsequent detention hearings. The initial detention hearing may
not be waived but subsequent detention hearings may be waived in
accordance with the requirements of Section 51.09. Each subsequent
detention order shall extend for no more than 10 working days,
except that in a county that does not have a [certified] juvenile
detention facility, as described by Section 51.12(a)(3), each
subsequent detention order shall extend for no more than 15 working
days.
SECTION 9. Sections 54.02(h), (h-1), (p), and (q), Family
Code, are amended to read as follows:
(h) If the juvenile court waives jurisdiction, it shall
state specifically in the order its reasons for waiver and certify
its action, including the written order and findings of the court,
and shall transfer the person to the appropriate court for criminal
proceedings and cause the results of the diagnostic study of the
person ordered under Subsection (d), including psychological
information, to be transferred to the appropriate criminal
prosecutor. On transfer of the person for criminal proceedings,
the person shall be dealt with as an adult and in accordance with
the Code of Criminal Procedure, except that if detention in a
[certified] juvenile detention facility that has been inspected and
determined to be suitable is authorized under Section 152.0015,
Human Resources Code, the juvenile court may order the person to be
detained in the facility pending trial or until the criminal court
enters an order under Article 4.19, Code of Criminal Procedure. A
transfer of custody made under this subsection is an arrest.
(h-1) If the juvenile court orders a person detained in a
[certified] juvenile detention facility under Subsection (h), the
juvenile court shall set or deny bond for the person as required by
the Code of Criminal Procedure and other law applicable to the
pretrial detention of adults accused of criminal offenses.
(p) If the juvenile court does not order a respondent
released under Subsection (o), the court shall, pending the
conclusion of the discretionary transfer hearing, order that the
respondent be detained in:
(1) a [certified] juvenile detention facility as
provided by Subsection (q); or
(2) an appropriate county facility for the detention
of adults accused of criminal offenses.
(q) The detention of a respondent in a [certified] juvenile
detention facility that has been inspected and determined to be
suitable must comply with the detention requirements under this
title, except that, to the extent practicable, the person shall be
kept separate from children detained in the same facility.
SECTION 10. Sections 54.11(l) and (m), Family Code, are
amended to read as follows:
(l) Pending the conclusion of a transfer hearing, the
juvenile court shall order that the person who is referred for
transfer be detained in a [certified] juvenile detention facility
as provided by Subsection (m). If the person is at least 17 years of
age, the juvenile court may order that the person be detained
without bond in an appropriate county facility for the detention of
adults accused of criminal offenses.
(m) The detention of a person in a [certified] juvenile
detention facility that has been inspected and determined to be
suitable must comply with the detention requirements under this
title, except that, to the extent practicable, the person must be
kept separate from children detained in the same facility.
SECTION 11. Sections 51.12(c), 51.125(b), and 51.126(b),
Family Code, are repealed.
SECTION 12. This Act takes effect September 1, 2023.