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.