| |
| |
|
|
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. |