1-1 By: Place (Senate Sponsor - Duncan) H.B. No. 1230
1-2 (In the Senate - Received from the House April 30, 1997;
1-3 May 1, 1997, read first time and referred to Committee on Criminal
1-4 Justice; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the place of detention for juveniles in certain
1-9 counties and to the use or establishment of certain criminal
1-10 detention facilities.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 51.12, Family Code, is amended by
1-13 amending Subsections (a), (d), and (g) and adding Subsections (i)
1-14 and (j) to read as follows:
1-15 (a) Except as provided by Subsection (h), a child may be
1-16 detained only in a:
1-17 (1) juvenile processing office in compliance with
1-18 Section 52.025;
1-19 (2) place of nonsecure custody in compliance with
1-20 Section 52.027; [or]
1-21 (3) certified juvenile detention facility that
1-22 complies with the requirements of Subsection (f); or
1-23 (4) secure detention facility as provided by
1-24 Subsection (i).
1-25 (d) Except as provided by Subsection (i), a [No] child may
1-26 not [shall] be placed in a facility that has not been certified
1-27 under Subsection (c) [of this section] as suitable for the
1-28 detention of children. Except as provided by Subsection (i), a [A]
1-29 child detained in a facility that has not been certified under
1-30 Subsection (c) [of this section] as suitable for the detention of
1-31 children shall be entitled to immediate release from custody in
1-32 that facility.
1-33 (g) Except for a child detained in a juvenile processing
1-34 office, [or] a place of nonsecure custody, or a secure detention
1-35 facility as provided by Subsection (i), a child detained in a
1-36 building that contains a jail or lockup may not have any contact
1-37 with:
1-38 (1) part-time or full-time security staff, including
1-39 management, who have contact with adults detained in the same
1-40 building; or
1-41 (2) direct-care staff who have contact with adults
1-42 detained in the same building.
1-43 (i) After being taken into custody, a child may be detained
1-44 in a secure detention facility until the child is released under
1-45 Section 53.01, 53.012, or 53.02 or until a detention hearing is
1-46 held under Section 54.01(a), regardless of whether the facility has
1-47 been certified under Subsection (c), if:
1-48 (1) a certified juvenile detention facility is not
1-49 available in the county in which the child is taken into custody;
1-50 (2) the detention facility complies with:
1-51 (A) the short-term detention standards adopted
1-52 by the Texas Juvenile Probation Commission; and
1-53 (B) the requirements of Subsection (f); and
1-54 (3) the detention facility has been designated by the
1-55 county juvenile board for the county in which the facility is
1-56 located.
1-57 (j) If a child who is detained under Subsection (i) is not
1-58 released from detention at the conclusion of the detention hearing
1-59 for a reason stated in Section 54.01(e), the child may be detained
1-60 after the hearing only in a certified juvenile detention facility.
1-61 SECTION 2. Section 52.02(a), Family Code, is amended to read
1-62 as follows:
1-63 (a) A person taking a child into custody, without
1-64 unnecessary delay and without first taking the child to any place
2-1 other than a juvenile processing office designated under Section
2-2 52.025 [of this code], shall do one of the following:
2-3 (1) release the child to a parent, guardian, custodian
2-4 of the child, or other responsible adult upon that person's promise
2-5 to bring the child before the juvenile court as requested by the
2-6 court;
2-7 (2) bring the child before the office or official
2-8 designated by the juvenile court if there is probable cause to
2-9 believe that the child engaged in delinquent conduct or conduct
2-10 indicating a need for supervision;
2-11 (3) bring the child to a detention facility designated
2-12 by the juvenile court;
2-13 (4) bring the child to a secure detention facility as
2-14 provided by Section 51.12(i);
2-15 (5) bring the child to a medical facility if the child
2-16 is believed to suffer from a serious physical condition or illness
2-17 that requires prompt treatment; or
2-18 (6) [(5)] dispose of the case under Section 52.03 [of
2-19 this code].
2-20 SECTION 3. Sections 52.026(a) and (b), Family Code, are
2-21 amended to read as follows:
2-22 (a) It shall be the duty of the law enforcement officer who
2-23 has taken a child into custody to transport the child to the
2-24 appropriate [juvenile] detention facility if the child is not
2-25 released to the parent, guardian, or custodian of the child.
2-26 (b) If the juvenile detention facility is located outside
2-27 the county in which the child is taken into custody, it shall be
2-28 the duty of the sheriff of that county to transport the child to
2-29 the appropriate juvenile detention facility unless [if] the child
2-30 is:
2-31 (1) detained in a secure detention facility under
2-32 Section 51.12(i); or
2-33 (2) [not] released to the parent, guardian, or
2-34 custodian of the child.
2-35 SECTION 4. Sections 52.027(b) and (d), Family Code, are
2-36 amended to read as follows:
2-37 (b) A child described by Subsection (a) must be taken only
2-38 to a place previously designated by the head of the law enforcement
2-39 agency with custody of the child as an appropriate place of
2-40 nonsecure custody for children unless the child:
2-41 (1) is released under Section 52.02(a)(1);
2-42 (2) is taken before a municipal court or justice
2-43 court; or
2-44 (3) for truancy or running away, is taken to a
2-45 juvenile detention facility, or a secure detention facility, as
2-46 authorized by Sections 51.12(a)(3) and (4), respectively, for the
2-47 detention of the child as provided by Section 54.011.
2-48 (d) The following procedures shall be followed in a place of
2-49 nonsecure custody for children:
2-50 (1) a child may not be secured physically to a cuffing
2-51 rail, chair, desk, or other stationary object;
2-52 (2) the child may be held in the nonsecure facility
2-53 only long enough to accomplish the purpose of identification,
2-54 investigation, processing, release to parents, or the arranging of
2-55 transportation to the appropriate juvenile court, juvenile
2-56 detention facility, secure detention facility, municipal court, or
2-57 justice court;
2-58 (3) residential use of the area is prohibited; and
2-59 (4) the child shall be under continuous visual
2-60 supervision by a law enforcement officer or facility staff person
2-61 during the time the child is in nonsecure custody.
2-62 SECTION 5. Section 53.01(d), Family Code, is amended to read
2-63 as follows:
2-64 (d) Unless the juvenile board approves a written procedure
2-65 proposed by the office of prosecuting attorney and chief juvenile
2-66 probation officer which provides otherwise, if it is determined
2-67 that the person is a child and, regardless of a finding of probable
2-68 cause, or a lack thereof, there is an allegation that the child
2-69 engaged in delinquent conduct of the grade of felony, or conduct
3-1 constituting a misdemeanor offense involving violence to a person
3-2 or the use or possession of a firearm, illegal knife, or club, as
3-3 those terms are defined by Section 46.01, Penal Code, or prohibited
3-4 weapon, as described by Section 46.05, Penal Code, the case shall
3-5 be promptly forwarded to the office of the prosecuting attorney,
3-6 accompanied by:
3-7 (1) all documents that accompanied the current
3-8 referral; and
3-9 (2) a summary of all prior referrals of the child to
3-10 the juvenile court, juvenile probation department, or a [juvenile]
3-11 detention facility.
3-12 SECTION 6. Section 53.02(a), Family Code, is amended to read
3-13 as follows:
3-14 (a) If a child is brought before the court or delivered to a
3-15 detention facility as authorized by Sections 51.12(a)(3) and (4)
3-16 [designated by the court], the intake or other authorized officer
3-17 of the court shall immediately make an investigation and shall
3-18 release the child unless it appears that his detention is warranted
3-19 under Subsection (b) [of this section]. The release may be
3-20 conditioned upon requirements reasonably necessary to insure the
3-21 child's appearance at later proceedings, but the conditions of the
3-22 release must be in writing and filed with the office or official
3-23 designated by the court and a copy furnished to the child.
3-24 SECTION 7. Section 54.011(a), Family Code, is amended to
3-25 read as follows:
3-26 (a) The detention hearing for a status offender or
3-27 nonoffender who has not been released administratively under
3-28 Section 53.02 shall be held before the 24th hour after the time the
3-29 child arrived at a [the designated] detention facility, excluding
3-30 hours of a weekend or a holiday. Except as otherwise provided by
3-31 this section, the judge or referee conducting the detention hearing
3-32 shall release the status offender or nonoffender from secure
3-33 detention.
3-34 SECTION 8. Section 261.405, Family Code, is amended to read
3-35 as follows:
3-36 Sec. 261.405. INVESTIGATIONS IN COUNTY [JUVENILE] DETENTION
3-37 FACILITIES INVOLVING CHILDREN. A report of alleged abuse or
3-38 neglect in a county juvenile detention facility or other secure
3-39 detention facility in which a child is placed shall be made to a
3-40 local law enforcement agency for investigation.
3-41 SECTION 9. Section 262.108, Family Code, is amended to read
3-42 as follows:
3-43 Sec. 262.108. Unacceptable Facilities for Housing Child.
3-44 When a child is taken into possession under this chapter, that
3-45 child may not be held in isolation or in a jail, [or] juvenile
3-46 detention facility, or other secure detention facility.
3-47 SECTION 10. (a) In this section:
3-48 (1) "Criminal detention facility" means a place
3-49 designated by law for the confinement of a person adjudicated
3-50 delinquent for or convicted of a criminal offense. The term
3-51 includes:
3-52 (A) a confinement facility operated by the Texas
3-53 Department of Criminal Justice;
3-54 (B) a confinement facility operated under
3-55 contract with any division of the Texas Department of Criminal
3-56 Justice;
3-57 (C) a community corrections facility operated by
3-58 a community supervision and corrections department; and
3-59 (D) a confinement facility operated by or under
3-60 contract with the Texas Youth Commission.
3-61 (2) "Governmental entity" means the state, a political
3-62 subdivision or a combination of two or more subdivisions of the
3-63 state, or an agency of the state.
3-64 (b) A governmental entity or private vendor may not change
3-65 the use of a criminal detention facility operated by the entity or
3-66 vendor from a residential facility for the placement of juvenile
3-67 offenders and may not establish a criminal detention facility
3-68 unless:
3-69 (1) a public hearing is held about the proposed change
4-1 or establishment before the change is made or the facility is
4-2 established; and
4-3 (2) after the hearing is held, the change or
4-4 establishment is approved by unanimous vote of the governing body
4-5 of:
4-6 (A) the municipality in which the facility is or
4-7 will be located; or
4-8 (B) the county in which the facility is or will
4-9 be located, if the facility is not or will not be located within a
4-10 municipality.
4-11 (c) Before the 30th day before the date of a hearing
4-12 required by Subsection (b) of this section, the governmental entity
4-13 shall:
4-14 (1) publish notice of the date, hour, place, and
4-15 subject of the hearing in three consecutive issues of a newspaper
4-16 of, or in newspapers that collectively have, general circulation in
4-17 the county in which the proposed change is to be made or the
4-18 facility is to be established; and
4-19 (2) mail a copy of the notice to each member of the
4-20 governing body of a municipality, county commissioner, state
4-21 representative, and state senator who represents the area in which
4-22 the proposed change is to be made or the facility is to be
4-23 established.
4-24 (d) In describing the subject of a public hearing for
4-25 purposes of publishing notice under this section, the notice must
4-26 specifically state the address of the facility with respect to
4-27 which the change is proposed or the address at which the facility
4-28 is to be established.
4-29 (e) If a private vendor, other than a private vendor that
4-30 operates as a nonprofit corporation, proposes to change the use of
4-31 a facility or to establish a facility that is the subject of a
4-32 public hearing under this section, the private vendor is
4-33 responsible for providing the notice and holding the public hearing
4-34 required by this section.
4-35 (f) The governmental entity or private vendor shall hold the
4-36 public hearing at a site as close as practicable to the facility
4-37 with respect to which the change is proposed or as close as
4-38 practicable to the site of the proposed facility.
4-39 SECTION 11. The change in law made by this Act applies only
4-40 to a child taken into custody on or after the effective date of
4-41 this Act.
4-42 SECTION 12. This Act takes effect September 1, 1997.
4-43 SECTION 13. The importance of this legislation and the
4-44 crowded condition of the calendars in both houses create an
4-45 emergency and an imperative public necessity that the
4-46 constitutional rule requiring bills to be read on three several
4-47 days in each house be suspended, and this rule is hereby suspended.
4-48 * * * * *