75R11343 JMC-D                           

         By Place                                              H.B. No. 1230

         Substitute the following for H.B. No. 1230:

         By Staples                                        C.S.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.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 51.12, Family Code, is amended by

 1-6     amending Subsections (a), (d), and (g) and adding Subsections (i)

 1-7     and (j) to read as follows:

 1-8           (a)  Except as provided by Subsection (h), a child may be

 1-9     detained only in a:

1-10                 (1)  juvenile processing office in compliance with

1-11     Section 52.025;

1-12                 (2)  place of nonsecure custody in compliance with

1-13     Section 52.027; [or]

1-14                 (3)  certified juvenile detention facility that

1-15     complies with the requirements of Subsection (f); or

1-16                 (4)  secure detention facility as provided by

1-17     Subsection (i).

1-18           (d)  Except as provided by Subsection (i), a [No] child may

1-19     not [shall] be placed in a facility that has not been certified

1-20     under Subsection (c) [of this section] as suitable for the

1-21     detention of children.  Except as provided by Subsection (i), a [A]

1-22     child detained in a facility that has not been certified under

1-23     Subsection (c) [of this section] as suitable for the detention of

1-24     children shall be entitled to immediate release from custody in

 2-1     that facility.

 2-2           (g)  Except for a child detained in a juvenile processing

 2-3     office, [or] a place of nonsecure custody, or a secure detention

 2-4     facility as provided by Subsection (i), a child detained in a

 2-5     building that contains a jail or lockup may not have any contact

 2-6     with:

 2-7                 (1)  part-time or full-time security staff, including

 2-8     management, who have contact with adults detained in the same

 2-9     building; or

2-10                 (2)  direct-care staff who have contact with adults

2-11     detained in the same building.

2-12           (i)  After being taken into custody, a child may be detained

2-13     in a secure detention facility until the child is released under

2-14     Section 53.01, 53.012, or 53.02 or until a detention hearing is

2-15     held under Section 54.01(a), regardless of whether the facility has

2-16     been certified under Subsection (c), if:

2-17                 (1)  a certified juvenile detention facility is not

2-18     available in the county in which the child is taken into custody;

2-19                 (2)  the detention facility complies with:

2-20                       (A)  the short-term detention standards adopted

2-21     by the Texas Juvenile Probation Commission; and

2-22                       (B)  the requirements of Subsection (f); and

2-23                 (3)  the detention facility has been designated by the

2-24     county juvenile board for the county in which the facility is

2-25     located.

2-26           (j)  If a child who is detained under Subsection (i) is not

2-27     released from detention at the conclusion of the detention hearing

 3-1     for a reason stated in Section 54.01(e), the child may be detained

 3-2     after the hearing only in a certified juvenile detention facility.

 3-3           SECTION 2.  Section 52.02(a), Family Code, is amended to read

 3-4     as follows:

 3-5           (a)  A person taking a child into custody, without

 3-6     unnecessary delay and without first taking the child to any place

 3-7     other than a juvenile processing office designated under Section

 3-8     52.025 [of this code], shall do one of the following:

 3-9                 (1)  release the child to a parent, guardian, custodian

3-10     of the child, or other responsible adult upon that person's promise

3-11     to bring the child before the juvenile court as requested by the

3-12     court;

3-13                 (2)  bring the child before the office or official

3-14     designated by the juvenile court if there is probable cause to

3-15     believe that the child engaged in delinquent conduct or conduct

3-16     indicating a need for supervision;

3-17                 (3)  bring the child to a detention facility designated

3-18     by the juvenile court;

3-19                 (4)  bring the child to a secure detention facility as

3-20     provided by Section 51.12(i);

3-21                 (5)  bring the child to a medical facility if the child

3-22     is believed to suffer from a serious physical condition or illness

3-23     that requires prompt treatment; or

3-24                 (6) [(5)]  dispose of the case under Section 52.03 [of

3-25     this code].

3-26           SECTION 3.  Sections 52.026(a) and (b), Family Code, are

3-27     amended to read as follows:

 4-1           (a)  It shall be the duty of the law enforcement officer who

 4-2     has taken a child into custody to transport the child to the

 4-3     appropriate [juvenile] detention facility if the child is not

 4-4     released to the parent, guardian, or custodian of the child.

 4-5           (b)  If the juvenile detention facility is located outside

 4-6     the county in which the child is taken into custody, it shall be

 4-7     the duty of the sheriff of that county to transport the child to

 4-8     the appropriate juvenile detention facility unless [if] the child

 4-9     is:

4-10                 (1)  detained in a secure detention facility under

4-11     Section 51.12(i); or

4-12                 (2)  [not] released to the parent, guardian, or

4-13     custodian of the child.

4-14           SECTION 4.  Sections 52.027(b) and (d), Family Code, are

4-15     amended to read as follows:

4-16           (b)  A child described by Subsection (a) must be taken only

4-17     to a place previously designated by the head of the law enforcement

4-18     agency with custody of the child as an appropriate place of

4-19     nonsecure custody for children unless the child:

4-20                 (1)  is released under Section 52.02(a)(1);

4-21                 (2)  is taken before a municipal court or justice

4-22     court; or

4-23                 (3)  for truancy or running away, is taken to a

4-24     juvenile detention facility, or a secure detention facility, as

4-25     authorized by Sections 51.12(a)(3) and (4), respectively, for the

4-26     detention of the child as provided by Section 54.011.

4-27           (d)  The following procedures shall be followed in a place of

 5-1     nonsecure custody for children:

 5-2                 (1)  a child may not be secured physically to a cuffing

 5-3     rail, chair, desk, or other stationary object;

 5-4                 (2)  the child may be held in the nonsecure facility

 5-5     only long enough to accomplish the purpose of identification,

 5-6     investigation, processing, release to parents, or the arranging of

 5-7     transportation to the appropriate juvenile court, juvenile

 5-8     detention facility, secure detention facility, municipal court, or

 5-9     justice court;

5-10                 (3)  residential use of the area is prohibited; and

5-11                 (4)  the child shall be under continuous visual

5-12     supervision by a law enforcement officer or facility staff person

5-13     during the time the child is in nonsecure custody.

5-14           SECTION 5.  Section 53.01(d), Family Code, is amended to read

5-15     as follows:

5-16           (d)  Unless the juvenile board approves a written procedure

5-17     proposed by the office of prosecuting attorney and chief juvenile

5-18     probation officer which provides otherwise, if it is determined

5-19     that the person is a child and, regardless of a finding of probable

5-20     cause, or a lack thereof, there is an allegation that the child

5-21     engaged in delinquent conduct of the grade of felony, or conduct

5-22     constituting a misdemeanor offense involving violence to a person

5-23     or the use or possession of a firearm, illegal knife, or club, as

5-24     those terms are defined by Section 46.01, Penal Code, or prohibited

5-25     weapon, as described by Section 46.05, Penal Code, the case shall

5-26     be promptly forwarded to the office of the prosecuting attorney,

5-27     accompanied by:

 6-1                 (1)  all documents that accompanied the current

 6-2     referral; and

 6-3                 (2)  a summary of all prior referrals of the child to

 6-4     the juvenile court, juvenile probation department, or a [juvenile]

 6-5     detention facility.

 6-6           SECTION 6.  Section 53.02(a), Family Code, is amended to read

 6-7     as follows:

 6-8           (a)  If a child is brought before the court or delivered to a

 6-9     detention facility as authorized by Sections 51.12(a)(3) and (4)

6-10     [designated by the court], the intake or other authorized officer

6-11     of the court shall immediately make an investigation and shall

6-12     release the child unless it appears that his detention is warranted

6-13     under Subsection (b) [of this section].  The release may be

6-14     conditioned upon requirements reasonably necessary to insure the

6-15     child's appearance at later proceedings, but the conditions of the

6-16     release must be in writing and filed with the office or official

6-17     designated by the court and a copy furnished to the child.

6-18           SECTION 7.  Section 54.011(a), Family Code, is amended to

6-19     read as follows:

6-20           (a)  The detention hearing for a status offender or

6-21     nonoffender who has not been released administratively under

6-22     Section 53.02 shall be held before the 24th hour after the time the

6-23     child arrived at a [the designated] detention facility, excluding

6-24     hours of a weekend or a holiday.  Except as otherwise provided by

6-25     this section, the judge or referee conducting the detention hearing

6-26     shall release the status offender or nonoffender from secure

6-27     detention.

 7-1           SECTION 8.  Section 261.405, Family Code, is amended to read

 7-2     as follows:

 7-3           Sec. 261.405.  INVESTIGATIONS IN COUNTY [JUVENILE] DETENTION

 7-4     FACILITIES INVOLVING CHILDREN.  A report of alleged abuse or

 7-5     neglect in a county juvenile detention facility or other secure

 7-6     detention facility in which a child is placed shall be made to a

 7-7     local law enforcement agency for investigation.

 7-8           SECTION 9.  Section 262.108, Family Code, is amended to read

 7-9     as follows:

7-10           Sec. 262.108.  Unacceptable Facilities for Housing Child.

7-11     When a child is taken into possession under this chapter, that

7-12     child may not be held in isolation or in a jail, [or] juvenile

7-13     detention facility, or other secure detention facility.

7-14           SECTION 10.  The change in law made by this Act applies only

7-15     to a child taken into custody on or after the effective date of

7-16     this Act.

7-17           SECTION 11.  This Act takes effect September 1, 1997.

7-18           SECTION 12.  The importance of this legislation and the

7-19     crowded condition of the calendars in both houses create an

7-20     emergency and an imperative public necessity that the

7-21     constitutional rule requiring bills to be read on three several

7-22     days in each house be suspended, and this rule is hereby suspended.