By Place H.B. No. 1230
75R3688 JMC-D
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 Subsection (i) to
1-7 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 detention facility
2-4 as provided by Subsection (i), a child detained in a building that
2-5 contains a jail or lockup may not have any contact with:
2-6 (1) part-time or full-time security staff, including
2-7 management, who have contact with adults detained in the same
2-8 building; or
2-9 (2) direct-care staff who have contact with adults
2-10 detained in the same building.
2-11 (i) After being taken into custody, a child may be detained
2-12 in a secure detention facility until a detention hearing is held
2-13 under Section 54.01(a), regardless of whether the facility has been
2-14 certified under Subsection (c), if:
2-15 (1) a certified juvenile detention facility is not
2-16 available in the county in which the child is taken into custody;
2-17 and
2-18 (2) the detention facility complies with the
2-19 requirements of Subsection (f).
2-20 SECTION 2. Section 52.02(a), Family Code, is amended to read
2-21 as follows:
2-22 (a) A person taking a child into custody, without
2-23 unnecessary delay and without first taking the child to any place
2-24 other than a juvenile processing office designated under Section
2-25 52.025 [of this code], shall do one of the following:
2-26 (1) release the child to a parent, guardian, custodian
2-27 of the child, or other responsible adult upon that person's promise
3-1 to bring the child before the juvenile court as requested by the
3-2 court;
3-3 (2) bring the child before the office or official
3-4 designated by the juvenile court if there is probable cause to
3-5 believe that the child engaged in delinquent conduct or conduct
3-6 indicating a need for supervision;
3-7 (3) bring the child to a detention facility designated
3-8 by the juvenile court;
3-9 (4) bring the child to a secure detention facility as
3-10 provided by Section 51.12(i);
3-11 (5) bring the child to a medical facility if the child
3-12 is believed to suffer from a serious physical condition or illness
3-13 that requires prompt treatment; or
3-14 (6) [(5)] dispose of the case under Section 52.03 [of
3-15 this code].
3-16 SECTION 3. Sections 52.026(a) and (b), Family Code, are
3-17 amended to read as follows:
3-18 (a) It shall be the duty of the law enforcement officer who
3-19 has taken a child into custody to transport the child to the
3-20 appropriate [juvenile] detention facility if the child is not
3-21 released to the parent, guardian, or custodian of the child.
3-22 (b) If the [juvenile] detention facility is located outside
3-23 the county in which the child is taken into custody, it shall be
3-24 the duty of the sheriff of that county to transport the child to
3-25 the appropriate [juvenile] detention facility if the child is not
3-26 released to the parent, guardian, or custodian of the child.
3-27 SECTION 4. Sections 52.027(b), (d), and (f), Family Code,
4-1 are amended to read as follows:
4-2 (b) A child described by Subsection (a) must be taken only
4-3 to a place previously designated by the head of the law enforcement
4-4 agency with custody of the child as an appropriate place of
4-5 nonsecure custody for children unless the child:
4-6 (1) is released under Section 52.02(a)(1);
4-7 (2) is taken before a municipal court or justice
4-8 court; or
4-9 (3) for truancy or running away, is taken to a
4-10 [juvenile] detention facility as authorized by Sections 51.12(a)(3)
4-11 and (4).
4-12 (d) The following procedures shall be followed in a place of
4-13 nonsecure custody for children:
4-14 (1) a child may not be secured physically to a cuffing
4-15 rail, chair, desk, or other stationary object;
4-16 (2) the child may be held in the nonsecure facility
4-17 only long enough to accomplish the purpose of identification,
4-18 investigation, processing, release to parents, or the arranging of
4-19 transportation to the appropriate juvenile court, [juvenile]
4-20 detention facility, municipal court, or justice court;
4-21 (3) residential use of the area is prohibited; and
4-22 (4) the child shall be under continuous visual
4-23 supervision by a law enforcement officer or facility staff person
4-24 during the time the child is in nonsecure custody.
4-25 (f) A child taken into custody for a traffic offense or an
4-26 offense, other than public intoxication, punishable by fine only
4-27 may be presented or detained in a detention facility as authorized
5-1 by Sections 51.12(a)(3) and (4) [designated by the juvenile court
5-2 under Section 52.02(a)(3)] only if:
5-3 (1) the child's non-traffic case is transferred to the
5-4 juvenile court by a municipal court or justice court under Section
5-5 51.08(b); or
5-6 (2) the child is referred to the juvenile court by a
5-7 municipal court or justice court for contempt of court under
5-8 Subsection (h).
5-9 SECTION 5. Section 53.01(d), Family Code, is amended to read
5-10 as follows:
5-11 (d) Unless the juvenile board approves a written procedure
5-12 proposed by the office of prosecuting attorney and chief juvenile
5-13 probation officer which provides otherwise, if it is determined
5-14 that the person is a child and, regardless of a finding of probable
5-15 cause, or a lack thereof, there is an allegation that the child
5-16 engaged in delinquent conduct of the grade of felony, or conduct
5-17 constituting a misdemeanor offense involving violence to a person
5-18 or the use or possession of a firearm, illegal knife, or club, as
5-19 those terms are defined by Section 46.01, Penal Code, or prohibited
5-20 weapon, as described by Section 46.05, Penal Code, the case shall
5-21 be promptly forwarded to the office of the prosecuting attorney,
5-22 accompanied by:
5-23 (1) all documents that accompanied the current
5-24 referral; and
5-25 (2) a summary of all prior referrals of the child to
5-26 the juvenile court, juvenile probation department, or a [juvenile]
5-27 detention facility.
6-1 SECTION 6. Section 53.02(a), Family Code, is amended to read
6-2 as follows:
6-3 (a) If a child is brought before the court or delivered to a
6-4 detention facility as authorized by Sections 51.12(a)(3) and (4)
6-5 [designated by the court], the intake or other authorized officer
6-6 of the court shall immediately make an investigation and shall
6-7 release the child unless it appears that his detention is warranted
6-8 under Subsection (b) [of this section]. The release may be
6-9 conditioned upon requirements reasonably necessary to insure the
6-10 child's appearance at later proceedings, but the conditions of the
6-11 release must be in writing and filed with the office or official
6-12 designated by the court and a copy furnished to the child.
6-13 SECTION 7. Section 54.011(a), Family Code, is amended to
6-14 read as follows:
6-15 (a) The detention hearing for a status offender or
6-16 nonoffender who has not been released administratively under
6-17 Section 53.02 shall be held before the 24th hour after the time the
6-18 child arrived at a [the designated] detention facility, excluding
6-19 hours of a weekend or a holiday. Except as otherwise provided by
6-20 this section, the judge or referee conducting the detention hearing
6-21 shall release the status offender or nonoffender from secure
6-22 detention.
6-23 SECTION 8. Section 261.405, Family Code, is amended to read
6-24 as follows:
6-25 Sec. 261.405. INVESTIGATIONS IN COUNTY [JUVENILE] DETENTION
6-26 FACILITIES INVOLVING CHILDREN. A report of alleged abuse or
6-27 neglect in a county juvenile detention facility or other secure
7-1 detention facility in which a child is placed shall be made to a
7-2 local law enforcement agency for investigation.
7-3 SECTION 9. Section 262.108, Family Code, is amended to read
7-4 as follows:
7-5 Sec. 262.108. Unacceptable Facilities for Housing Child.
7-6 When a child is taken into possession under this chapter, that
7-7 child may not be held in isolation or in a jail, [or] juvenile
7-8 detention facility, or other secure detention facility.
7-9 SECTION 10. The change in law made by this Act applies only
7-10 to a child taken into custody on or after the effective date of
7-11 this Act.
7-12 SECTION 11. This Act takes effect September 1, 1997.
7-13 SECTION 12. The importance of this legislation and the
7-14 crowded condition of the calendars in both houses create an
7-15 emergency and an imperative public necessity that the
7-16 constitutional rule requiring bills to be read on three several
7-17 days in each house be suspended, and this rule is hereby suspended.