SRC-HRD H.B. 1928 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1928
By: McClendon (West)
Criminal Justice
5-17-97
Engrossed


DIGEST 

Throughout Texas, local juvenile boards operate or contract for 
the operation of juvenile pre-
adjudication and post-adjudication secure detention and 
correctional facilities.  Current law  requires 
that the juvenile court judges and juvenile board members inspect 
these facilities annually and certify 
them as suitable for the detention of children.  To be eligible 
to receive state funding from the Texas 
Juvenile Probation Commission (TJPC), counties must comply with 
TJPC standards for these types 
of facilities.  TJPC standards are used by every juvenile board 
that currently operates such a facility, 
with American Correctional Association standards being 
additionally utilized in about five counties. 
                                            
This bill would require all juvenile court judges and juvenile 
board members to certify their juvenile 
facilities based upon the minimum professional standards and 
register their facilities with TJPC.   
                                         
PURPOSE

As proposed, H.B. 1928 requires all juvenile court judges and 
juvenile board members to certify their 
juvenile facilities based upon the minimum professional 
standards.                                             

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.12, Family Code, by amending 
Subsections (c) and (d) and adding 
Subsection (i), as follows:

(c) Requires in each county each judge of the juvenile court 
and the members of the juvenile 
board to personally inspect the juvenile pre-adjudication 
secure detention facilities and any 
public or private juvenile secure correctional facilities 
used for post-adjudication 
confinement that are located in the county and operated 
under authority of the juvenile board 
at least annually and certify in writing to the authorities 
responsible for operating and giving 
financial support to the facilities and to the Texas 
Juvenile Probation Commission (TJPC) 
that they are suitable or unsuitable for the detention of 
children in accordance with certain 
requirements and standards.  

(d) Prohibits any child from being placed in a facility that 
has not been certified under 
Subsection (c) of this section as suitable for the detention 
of children and registered under 
Subsection (i) of this section.  Requires a child detained 
in a facility that has not been 
certified under Subsection (c) of this section as suitable 
for the detention of children or that 
has not been registered under Subsection (i) to be entitled 
to immediate release from custody 
in that facility.  

(i) Requires a governmental unit or private entity that 
operates or contracts for the operation 
of a juvenile pre-adjudication secure detention facility or 
a juvenile post-adjudication secure 
correctional facility in this state, except for a facility 
operated or certified by the Texas Youth 
Commission, to register the facility annually with TJPC, and 
adhere to all applicable 
minimum standards for the facility.

 SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.