| 1 | 1 | | H.B. No. 5195 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the services provided to certain children detained in a |
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| 6 | 6 | | juvenile detention facility. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 54, Family Code, is amended by adding |
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| 9 | 9 | | Section 54.021 to read as follows: |
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| 10 | 10 | | Sec. 54.021. SERVICES PROVIDED TO CHILD IN DETENTION |
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| 11 | 11 | | FACILITY PENDING CRIMINAL PROSECUTION. (a) A child ordered to be |
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| 12 | 12 | | detained in a juvenile detention facility under Section 54.02(h) |
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| 13 | 13 | | shall, to the extent practicable, be provided education, |
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| 14 | 14 | | programming, and other services consistent with the minimum |
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| 15 | 15 | | standards adopted by the Texas Juvenile Justice Board for juvenile |
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| 16 | 16 | | detention facilities under Section 221.002, Human Resources Code. |
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| 17 | 17 | | (b) The facility administrator, or the administrator's |
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| 18 | 18 | | designee, of a juvenile detention facility shall: |
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| 19 | 19 | | (1) not later than the 21st day after the date on which |
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| 20 | 20 | | a child is ordered to be detained in a juvenile detention facility |
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| 21 | 21 | | under Section 54.02(h): |
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| 22 | 22 | | (A) complete an initial assessment of the child |
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| 23 | 23 | | to evaluate the needs of the child; and |
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| 24 | 24 | | (B) develop a written plan to ensure the child |
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| 25 | 25 | | has an opportunity to make progress on identified rehabilitation |
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| 26 | 26 | | goals pending trial; and |
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| 27 | 27 | | (2) at least once every 90 days after the date on which |
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| 28 | 28 | | the facility administrator or designee develops the written plan |
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| 29 | 29 | | described by Subdivision (1), prepare a status report that |
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| 30 | 30 | | documents: |
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| 31 | 31 | | (A) the education, programming, and other |
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| 32 | 32 | | services provided to the child; |
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| 33 | 33 | | (B) behavioral compliance or incidents, if any; |
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| 34 | 34 | | (C) any measurable progress on identified |
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| 35 | 35 | | rehabilitation goals during the preceding 90 days of detention; and |
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| 36 | 36 | | (D) any comments, observations, or |
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| 37 | 37 | | recommendations related to the child's educational or |
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| 38 | 38 | | rehabilitative needs. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 40 | 40 | | ______________________________ ______________________________ |
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| 41 | 41 | | President of the Senate Speaker of the House |
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| 42 | 42 | | I certify that H.B. No. 5195 was passed by the House on April |
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| 43 | 43 | | 28, 2023, by the following vote: Yeas 134, Nays 10, 2 present, not |
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| 44 | 44 | | voting. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Chief Clerk of the House |
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| 47 | 47 | | I certify that H.B. No. 5195 was passed by the Senate on May |
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| 48 | 48 | | 18, 2023, by the following vote: Yeas 28, Nays 3. |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Secretary of the Senate |
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| 51 | 51 | | APPROVED: _____________________ |
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| 52 | 52 | | Date |
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| 53 | 53 | | _____________________ |
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| 54 | 54 | | Governor |
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