89R3067 CJD-F
By: Cook S.B. No. 2757
A BILL TO BE ENTITLED
AN ACT
relating to the duration of a child's detention following a
detention hearing and a study on the effects of detention orders in
a juvenile court proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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
five [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 five [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 seven
[15] working days.
SECTION 2. (a) In this section, "department" means the
Texas Juvenile Justice Department.
(b) The department shall conduct a study on the effects of
detention orders in a juvenile court proceeding.
(c) In conducting the study described by Subsection (b) of
this section, the department shall, for each child detained in a
facility described by Section 51.12, Family Code, determine the:
(1) amount of time each child was detained in a
facility; and
(2) amount of time between each detention hearing.
(d) Not later than December 1, 2026, the department shall
prepare and submit to the governor, the lieutenant governor, the
speaker of the house of representatives, and each member of the
legislature a written report containing the results of the study
conducted under this section and any recommendations for
legislative or other action. The report must include the
information described by Subsection (c) of this section
disaggregated by:
(1) the county in which the child was detained;
(2) the conduct for which the child was detained;
(3) age;
(4) race;
(5) ethnicity;
(6) sex; and
(7) whether the child is the subject of a case with the
Department of Family and Protective Services.
(e) The department shall ensure that information collected
during the study does not personally identify any child.
(f) This section expires September 1, 2027.
SECTION 3. The change in law made by this Act to Section
54.01, Family Code, applies only to a detention order, including a
subsequent detention order, entered by a court on or after the
effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.