CJ C.S.H.B. 1230 75(R)BILL ANALYSIS COMMITTEE ON JUVENILE JUSTICE & FAMILY ISSUES C.S.H.B. 1230 By: Place 4-11-97 Committee Report (Substituted) BACKGROUND Presently, a child detained by police cannot be held in a detention facility that is not designated a juvenile detention facility according to Sec. 51.12, Family Code. The juvenile must be detained awaiting his Sec. 54.01(a), Family Code, detention hearing, which usually happens within 24 hours or less but can take as long as 72 hours depending on the time of initial detention. Many rural counties in Texas do not have a certified juvenile detention facility and must transport the juvenile some distance to detain the juvenile overnight awaiting this detention hearing. This transport is costly to the counties and removes an officer from his regular duties. PURPOSE HB 1230, if enacted into law, will allow for the temporary detention of juveniles in a sight and sound separated area within a local county jail until such time as the juvenile detention hearing can be held under Sec. 54.01(a), Family Code. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Sec. 51.12, Family Code, is amended by adding new Subsection (a)(4) to allow for a sight and sound separated secure detention facility as provided by Subsection (i). Subsections (d) and (g) are amended to add conforming language providing for the exception provided by Subsection (i). New Subsection (i) is added to allow for the temporary detention of juveniles in a secure detention facility created by this section until a detention hearing can be held, whether or not the detention facility is certified under Subsection (c). Subsection (i)(1) requires that a certified juvenile detention facility be not available in the county in which the child is taken into custody. Subsection (i)(2) requires the detention facility be in compliance with the requirements of the Texas Juvenile Probation Commission and the requirements of subsection (f) and has been designated by the county juvenile board. Subsection (j) clarifies when the detention may occur. SECTION 2: Section 52.02(a) deletes language for conforming purposes. New Subsection (a)(4) is added to allow the child to be taken to a secure detention facility as provided by Sec. 51.12(i). Remaining sections renumbered. Subsection (a)(6) deletes language for conforming purposes. SECTION 3: Sec. 52.026(a) and (b) deletes language for conforming purposes. Adds (1) to state reference to Section 51.12 for clarification for detention. SECTION 4: Sec. 52.027(b)(3) is amended to allow for a detention facility as authorized by Sec. 52.12(a)(3) and (4). Sec. 52.027(d)(2) deletes language for conforming purposes. Sec. 52.027(f) is amended to allow for a detention facility as authorized by Sec. 51.12(a)(3) and (4). SECTION 5: Deletes language for conforming purposes. SECTION 6: Sec. 53.02(a) is amended to allow for a detention facility as authorized by this act and deletes language for conforming purposes. SECTION 7: Sec. 54.011(a) adds conforming language. SECTION 8: Sec. 261.405 is amended by adding conforming language as provided by this act. SECTION 9: Sec. 262.108 is amended by adding conforming language. SECTION 10: Change in law applies only to child taken into custody after the effective date of this act. SECTION 11: Effective date. SECTION 12: Emergency clause. CJ H.B. 1230 75(R) COMPARISON OF ORIGINAL TO SUBSTITUTE 1. Page 2, line 12 contains additions to clarify the conditions of the child's release. 2. Page 2, line 19 add two subdivisions to subsection (i) and subsection (j) to clarify the standards for the facilities used for juveniles and that juveniles may only be held in certified facilities. 3. Page 3, lines 22 and 25, do not strike the word juvenile. The facilities must be certified for juveniles. 4. Page 3, line 26 add a reference to Section 51.12(a)(4) for clarification. 5. Page 4, line 10 again do not strike "juvenile". 6. Page 4, line 10 add "detention facility" as clarification. 7. Page 4, line 11add a reference to Section 54.011 for clarification. 8. Page 4, all changes are deleted from line 25 through page 5 line 8, subsection (f). Traffic offenses and other class C misdemeanors are not part of the juvenile system unless they are transferred to the juvenile court by a JP or municipal court judge or for contempt. any change would be inappropriate.