SRC-CDH S.B. 1472 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1472
By: Ellis
Criminal Justice
3-24-97
As Filed


DIGEST 

Currently, some Texas counties hold youths in detention for three to four
months or longer awaiting trial; in other counties, youths commonly appear
at adjudicatory hearings within two to three weeks. Critics of the present
juvenile detention system argue that with proper procedures and staffing
in place, adjudicatory hearings should be held within three weeks time.
Moreover, the statewide average cost of detention in 1995 was $82 per
juvenile per day.  Since juveniles spent over 460,000 days in detention,
the cost to Texas counties that year was approximately $38 million.
Tarrant County's juvenile board has adopted a policy requiring the
district attorney to file a petition within three days, a policy which
lowered the county's average detention stay to six days, versus the state
average of 10 days.  This legislation would require a prosecuting attorney
to file a petition for an adjudicatory hearing not later than seven
working days after the child is taken into custody, and would require
those hearings to be held not later than 14 working days after the
petition was filed. S.B. 1472 would also require the court to hold a
disposition hearing not later than the 30th working day after the
adjudication hearing, in an effort to limit stays in juvenile detention
and save money by expediting the process of hearing juvenile cases.  

PURPOSE

As proposed, S.B. 1472 establishes the time requirements for certain
petitions and hearings for a juvenile who is in detention.   

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 53.04(a), Family Code, to require the
prosecuting attorney, if a child is taken into custody, detained under
Section 53.02(b) or 53.06(d), and is not released under Section 53.02(a)
or 54.01(e), to file a petition for an adjudication hearing not later than
the seventh working day after the date on which the child is taken into
custody.  Sets forth the terms by which the petition may be filed at a
later date.  Makes a conforming change. 

SECTION 2. Amends Section 53.05, Family Code, by amending Subsection (b),
and adding Subsections (c) and (d), to require the time set for the
transfer hearing to be not later than a certain date.  Prohibits the time
set for the adjudication hearing, except as provided by Subsection (d),
from being later than the 14th working day after the date on which the
petition is filed if the child is in detention and is not released under
Section 53.02(a) or 54.01(e).  Sets forth the terms by which the time set
for the hearing may be extended.  Makes a conforming change.  

SECTION 3. Amends Section 54.04, Family Code, by adding Subsection (p), to
require the court, if the child is in detention, to hold a disposition
hearing not later than the 30th working day after the date on which the
hearing is held under Section 54.03, unless the prosecuting attorney files
with the court a written request demonstrating good cause to postpone the
hearing.  Requires the time set for the hearing to be within a reasonable
time after the date on which the court grants the postponement, if the
court grants a postponement under this section. 

SECTION 4. Makes application of this Act prospective.
 
SECTION 5. Effective date:  September 1, 1997.

SECTION 6. Emergency clause.