CN H.B. 1928 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 1928
By: McClendon
4-4-97
Committee Report (Amended)

BACKGROUND

Throughout Texas, local juvenile boards operate or contract for the
operation of juvenile preadjudication and post-adjudication secure
detention and correctional facilities.  Section 51.12 of the Texas Family
Code 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 (ACA) standards being additionally utilized in
about five counties.  

PURPOSE

The purpose of this bill is to require all juvenile court judges and
juvenile board members to certify their juvenile facilities based upon the
minimum professional standards.   

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.  Section 51.12, Family Code, is amended to require that all
juvenile court judges and juvenile board members certify their juvenile
pre-adjudication and post-adjudication secure detention and correctional
facilities in accordance with the minimum professional standards. This
section further provides that such facilities must register annually with
TJPC. 

SECTION 2.  Effective Date.

SECTION 3.  Emergency Clause.  

CJ H.B. 1928 75(R)



EXPLANATION OF AMENDMENT

The amendment restores current law in TFC Sec. 51.12(c)2 where standards
promulgated by the American Correctional Association may be used and
strikes "adopted by commission" from (i)2 relating to the adherence of a
facility to minimum standards.