By Place H.B. No. 1230
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the place of detention for juveniles in certain
1-3 counties and to the use or establishment of certain criminal
1-4 detention facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.12, Family Code, is amended by
1-7 amending Subsections (a), (d), and (g) and adding Subsections (i)
1-8 and (j) to read as follows:
1-9 (a) Except as provided by Subsection (h), a child may be
1-10 detained only in a:
1-11 (1) juvenile processing office in compliance with
1-12 Section 52.025;
1-13 (2) place of nonsecure custody in compliance with
1-14 Section 52.027; [or]
1-15 (3) certified juvenile detention facility that
1-16 complies with the requirements of Subsection (f); or
1-17 (4) secure detention facility as provided by
1-18 Subsection (i).
1-19 (d) Except as provided by Subsection (i), a [No] child may
1-20 not [shall] be placed in a facility that has not been certified
1-21 under Subsection (c) [of this section] as suitable for the
1-22 detention of children. Except as provided by Subsection (i), a [A]
1-23 child detained in a facility that has not been certified under
1-24 Subsection (c) [of this section] as suitable for the detention of
2-1 children shall be entitled to immediate release from custody in
2-2 that facility.
2-3 (g) Except for a child detained in a juvenile processing
2-4 office, [or] a place of nonsecure custody, or a secure detention
2-5 facility as provided by Subsection (i), a child detained in a
2-6 building that contains a jail or lockup may not have any contact
2-7 with:
2-8 (1) part-time or full-time security staff, including
2-9 management, who have contact with adults detained in the same
2-10 building; or
2-11 (2) direct-care staff who have contact with adults
2-12 detained in the same building.
2-13 (i) After being taken into custody, a child may be detained
2-14 in a secure detention facility until the child is released under
2-15 Section 53.01, 53.012, or 53.02 or until a detention hearing is
2-16 held under Section 54.01(a), regardless of whether the facility has
2-17 been certified under Subsection (c), if:
2-18 (1) a certified juvenile detention facility is not
2-19 available in the county in which the child is taken into custody;
2-20 (2) the detention facility complies with:
2-21 (A) the short-term detention standards adopted
2-22 by the Texas Juvenile Probation Commission; and
2-23 (B) the requirements of Subsection (f); and
2-24 (3) the detention facility has been designated by the
2-25 county juvenile board for the county in which the facility is
2-26 located.
2-27 (j) If a child who is detained under Subsection (i) is not
3-1 released from detention at the conclusion of the detention hearing
3-2 for a reason stated in Section 54.01(e), the child may be detained
3-3 after the hearing only in a certified juvenile detention facility.
3-4 SECTION 2. Section 52.02(a), Family Code, is amended to read
3-5 as follows:
3-6 (a) A person taking a child into custody, without
3-7 unnecessary delay and without first taking the child to any place
3-8 other than a juvenile processing office designated under Section
3-9 52.025 [of this code], shall do one of the following:
3-10 (1) release the child to a parent, guardian, custodian
3-11 of the child, or other responsible adult upon that person's promise
3-12 to bring the child before the juvenile court as requested by the
3-13 court;
3-14 (2) bring the child before the office or official
3-15 designated by the juvenile court if there is probable cause to
3-16 believe that the child engaged in delinquent conduct or conduct
3-17 indicating a need for supervision;
3-18 (3) bring the child to a detention facility designated
3-19 by the juvenile court;
3-20 (4) bring the child to a secure detention facility as
3-21 provided by Section 51.12(i);
3-22 (5) bring the child to a medical facility if the child
3-23 is believed to suffer from a serious physical condition or illness
3-24 that requires prompt treatment; or
3-25 (6) [(5)] dispose of the case under Section 52.03 [of
3-26 this code].
3-27 SECTION 3. Sections 52.026(a) and (b), Family Code, are
4-1 amended to read as follows:
4-2 (a) It shall be the duty of the law enforcement officer who
4-3 has taken a child into custody to transport the child to the
4-4 appropriate [juvenile] detention facility if the child is not
4-5 released to the parent, guardian, or custodian of the child.
4-6 (b) If the juvenile detention facility is located outside
4-7 the county in which the child is taken into custody, it shall be
4-8 the duty of the sheriff of that county to transport the child to
4-9 the appropriate juvenile detention facility unless [if] the child
4-10 is:
4-11 (1) detained in a secure detention facility under
4-12 Section 51.12(i); or
4-13 (2) [not] released to the parent, guardian, or
4-14 custodian of the child.
4-15 SECTION 4. Sections 52.027(b) and (d), Family Code, are
4-16 amended to read as follows:
4-17 (b) A child described by Subsection (a) must be taken only
4-18 to a place previously designated by the head of the law enforcement
4-19 agency with custody of the child as an appropriate place of
4-20 nonsecure custody for children unless the child:
4-21 (1) is released under Section 52.02(a)(1);
4-22 (2) is taken before a municipal court or justice
4-23 court; or
4-24 (3) for truancy or running away, is taken to a
4-25 juvenile detention facility, or a secure detention facility, as
4-26 authorized by Sections 51.12(a)(3) and (4), respectively, for the
4-27 detention of the child as provided by Section 54.011.
5-1 (d) The following procedures shall be followed in a place of
5-2 nonsecure custody for children:
5-3 (1) a child may not be secured physically to a cuffing
5-4 rail, chair, desk, or other stationary object;
5-5 (2) the child may be held in the nonsecure facility
5-6 only long enough to accomplish the purpose of identification,
5-7 investigation, processing, release to parents, or the arranging of
5-8 transportation to the appropriate juvenile court, juvenile
5-9 detention facility, secure detention facility, municipal court, or
5-10 justice court;
5-11 (3) residential use of the area is prohibited; and
5-12 (4) the child shall be under continuous visual
5-13 supervision by a law enforcement officer or facility staff person
5-14 during the time the child is in nonsecure custody.
5-15 SECTION 5. Section 53.01(d), Family Code, is amended to read
5-16 as follows:
5-17 (d) Unless the juvenile board approves a written procedure
5-18 proposed by the office of prosecuting attorney and chief juvenile
5-19 probation officer which provides otherwise, if it is determined
5-20 that the person is a child and, regardless of a finding of probable
5-21 cause, or a lack thereof, there is an allegation that the child
5-22 engaged in delinquent conduct of the grade of felony, or conduct
5-23 constituting a misdemeanor offense involving violence to a person
5-24 or the use or possession of a firearm, illegal knife, or club, as
5-25 those terms are defined by Section 46.01, Penal Code, or prohibited
5-26 weapon, as described by Section 46.05, Penal Code, the case shall
5-27 be promptly forwarded to the office of the prosecuting attorney,
6-1 accompanied by:
6-2 (1) all documents that accompanied the current
6-3 referral; and
6-4 (2) a summary of all prior referrals of the child to
6-5 the juvenile court, juvenile probation department, or a [juvenile]
6-6 detention facility.
6-7 SECTION 6. Section 53.02(a), Family Code, is amended to read
6-8 as follows:
6-9 (a) If a child is brought before the court or delivered to a
6-10 detention facility as authorized by Sections 51.12(a)(3) and (4)
6-11 [designated by the court], the intake or other authorized officer
6-12 of the court shall immediately make an investigation and shall
6-13 release the child unless it appears that his detention is warranted
6-14 under Subsection (b) [of this section]. The release may be
6-15 conditioned upon requirements reasonably necessary to insure the
6-16 child's appearance at later proceedings, but the conditions of the
6-17 release must be in writing and filed with the office or official
6-18 designated by the court and a copy furnished to the child.
6-19 SECTION 7. Section 54.011(a), Family Code, is amended to
6-20 read as follows:
6-21 (a) The detention hearing for a status offender or
6-22 nonoffender who has not been released administratively under
6-23 Section 53.02 shall be held before the 24th hour after the time the
6-24 child arrived at a [the designated] detention facility, excluding
6-25 hours of a weekend or a holiday. Except as otherwise provided by
6-26 this section, the judge or referee conducting the detention hearing
6-27 shall release the status offender or nonoffender from secure
7-1 detention.
7-2 SECTION 8. Section 261.405, Family Code, is amended to read
7-3 as follows:
7-4 Sec. 261.405. INVESTIGATIONS IN COUNTY [JUVENILE] DETENTION
7-5 FACILITIES INVOLVING CHILDREN. A report of alleged abuse or
7-6 neglect in a county juvenile detention facility or other secure
7-7 detention facility in which a child is placed shall be made to a
7-8 local law enforcement agency for investigation.
7-9 SECTION 9. Section 262.108, Family Code, is amended to read
7-10 as follows:
7-11 Sec. 262.108. Unacceptable Facilities for Housing Child.
7-12 When a child is taken into possession under this chapter, that
7-13 child may not be held in isolation or in a jail, [or] juvenile
7-14 detention facility, or other secure detention facility.
7-15 SECTION 10. (a) In this section:
7-16 (1) "Criminal detention facility" means a place
7-17 designated by law for the confinement of a person adjudicated
7-18 delinquent for or convicted of a criminal offense. The term
7-19 includes:
7-20 (A) a confinement facility operated by the Texas
7-21 Department of Criminal Justice;
7-22 (B) a confinement facility operated under
7-23 contract with any division of the Texas Department of Criminal
7-24 Justice;
7-25 (C) a community corrections facility operated by
7-26 a community supervision and corrections department; and
7-27 (D) a confinement facility operated by or under
8-1 contract with the Texas Youth Commission.
8-2 (2) "Governmental entity" means the state, a political
8-3 subdivision or a combination of two or more subdivisions of the
8-4 state, or an agency of the state.
8-5 (b) A governmental entity or private vendor may not change
8-6 the use of a criminal detention facility operated by the entity or
8-7 vendor from a residential facility for the placement of juvenile
8-8 offenders and may not establish a criminal detention facility
8-9 unless:
8-10 (1) a public hearing is held about the proposed change
8-11 or establishment before the change is made or the facility is
8-12 established; and
8-13 (2) after the hearing is held, the change or
8-14 establishment is approved by unanimous vote of the governing body
8-15 of:
8-16 (A) the municipality in which the facility is or
8-17 will be located; or
8-18 (B) the county in which the facility is or will
8-19 be located, if the facility is not or will not be located within a
8-20 municipality.
8-21 (c) Before the 30th day before the date of a hearing
8-22 required by Subsection (b) of this section, the governmental entity
8-23 shall:
8-24 (1) publish notice of the date, hour, place, and
8-25 subject of the hearing in three consecutive issues of a newspaper
8-26 of, or in newspapers that collectively have, general circulation in
8-27 the county in which the proposed change is to be made or the
9-1 facility is to be established; and
9-2 (2) mail a copy of the notice to each member of the
9-3 governing body of a municipality, county commissioner, state
9-4 representative, and state senator who represents the area in which
9-5 the proposed change is to be made or the facility is to be
9-6 established.
9-7 (d) In describing the subject of a public hearing for
9-8 purposes of publishing notice under this section, the notice must
9-9 specifically state the address of the facility with respect to
9-10 which the change is proposed or the address at which the facility
9-11 is to be established.
9-12 (e) If a private vendor, other than a private vendor that
9-13 operates as a nonprofit corporation, proposes to change the use of
9-14 a facility or to establish a facility that is the subject of a
9-15 public hearing under this section, the private vendor is
9-16 responsible for providing the notice and holding the public hearing
9-17 required by this section.
9-18 (f) The governmental entity or private vendor shall hold the
9-19 public hearing at a site as close as practicable to the facility
9-20 with respect to which the change is proposed or as close as
9-21 practicable to the site of the proposed facility.
9-22 SECTION 11. The change in law made by this Act applies only
9-23 to a child taken into custody on or after the effective date of
9-24 this Act.
9-25 SECTION 12. This Act takes effect September 1, 1997.
9-26 SECTION 13. The importance of this legislation and the
9-27 crowded condition of the calendars in both houses create an
10-1 emergency and an imperative public necessity that the
10-2 constitutional rule requiring bills to be read on three several
10-3 days in each house be suspended, and this rule is hereby suspended.