BILL ANALYSIS

Senate Research Center	H.B. 5195
88R22939 MCF-F	By: Thompson, Senfronia (Johnson)
	Criminal Justice
	5/13/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Services for youth in pre-adjudication facilities require a minimum standard of care, including access to education, mental health screening, and substance abuse treatment. However, current law does not provide for this minimum standard of care for youth who have been certified for transfer to the adult system. Youth awaiting trial as adults are no less children than youth who are awaiting adjudication. Both are factually identical in age and are afforded the grace of a criminal defendant and the presumption of innocence, which is the cornerstone of our justice system.

Accordingly, H.B. 5195 provides for a child who has been transferred for criminal prosecution and ordered to be detained in a juvenile facility pending criminal proceedings in adult court to receive education, programming, and services consistent with minimum standards already in place for children in a juvenile facility.

H.B. 5195 amends current law relating to the services provided to certain children detained in a juvenile detention facility.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54, Family Code, by adding Section 54.021, as follows:

Sec. 54.021.  SERVICES PROVIDED TO CHILD IN DETENTION FACILITY PENDING CRIMINAL PROSECUTION. (a) Requires a child ordered to be detained in a juvenile detention facility under Section 54.02(h) (relating to the waiver of jurisdiction of a juvenile court and transfer of an individual to another court for criminal proceedings, and the treatment of the individual under the law as an adult, except when transferred a juvenile detention facility pending trial or further action by a court), to the extent practicable, to be provided education, programming, and other services consistent with the minimum standards adopted by the Texas Juvenile Justice Board for juvenile detention facilities under Section 221.002 (General Rules Governing Juvenile Boards, Probation Departments, Probation Officers, Programs, and Facilities), Human Resources Code.

(b)  Requires the facility administrator, or the administrator's designee, of a juvenile detention facility to:

(1)  not later than the 21st day after the date on which a child is ordered to be detained in a juvenile detention facility under Section 54.02(h):

(A)  complete an initial assessment of the child to evaluate the needs of the child; and

(B)  develop a written plan to ensure the child has an opportunity to make progress on identified rehabilitation goals pending trial; and

(2)  at least once every 90 days after the date on which the facility administrator or designee develops the written plan described by Subdivision (1), prepare a status report that documents:

(A)  the education, programming, and other services provided to the child;

(B)  behavioral compliance or incidents, if any;

(C)  any measurable progress on identified rehabilitation goals during the preceding 90 days of detention; and

(D)  any comments, observations, or recommendations related to the child's educational or rehabilitative needs.

SECTION 2. Effective date: September 1, 2023.