1-1 AN ACT
1-2 relating to standards adopted for and registry of juvenile
1-3 pre-adjudication and post-adjudication secure detention and
1-4 correctional facilities by the Texas Juvenile Probation Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 141.042(a), (c), and (d), Human
1-7 Resources Code, are amended to read as follows:
1-8 (a) The commission shall adopt reasonable rules that
1-9 provide:
1-10 (1) minimum standards for personnel, staffing, case
1-11 loads, programs, facilities, record keeping, equipment, and other
1-12 aspects of the operation of a juvenile board that are necessary to
1-13 provide adequate and effective probation services;
1-14 (2) a code of ethics for probation officers and for
1-15 the enforcement of that code;
1-16 (3) appropriate educational, preservice and in-service
1-17 training, and certification standards for probation officers or
1-18 court-supervised community-based program personnel; and
1-19 (4) minimum standards for public and private juvenile
1-20 pre-adjudication secure detention facilities, public juvenile
1-21 post-adjudication [juvenile] secure correctional facilities that
1-22 are operated under the authority of a juvenile board, and private
1-23 juvenile post-adjudication [juvenile] secure correctional
1-24 facilities, except those facilities exempt from certification by
2-1 Section 42.052(e).
2-2 (c) The commission shall operate a statewide registry for
2-3 all public and private juvenile pre-adjudication secure detention
2-4 facilities and all public and private juvenile post-adjudication
2-5 secure correctional facilities except a facility operated or
2-6 certified by the Texas Youth Commission [annually monitor
2-7 compliance with the standards established under Subsection (a)(4)
2-8 if the juvenile board has elected to comply with those standards or
2-9 shall annually ensure that the facility is certified by the
2-10 American Correctional Association if the juvenile board has elected
2-11 to comply with those standards].
2-12 (d) The commission shall annually inspect all public and
2-13 private juvenile pre-adjudication secure detention facilities and
2-14 all public and private juvenile post-adjudication secure
2-15 correctional facilities except a facility operated or certified by
2-16 the Texas Youth Commission and shall annually monitor compliance
2-17 with the standards established under Subsection (a)(4) if the
2-18 juvenile board has elected to comply with those standards or shall
2-19 annually ensure that the facility is certified by the American
2-20 Correctional Association if the juvenile board has elected to
2-21 comply with those standards [any private, post-adjudication
2-22 juvenile secure correctional facility if the juvenile board of the
2-23 county in which the facility is located has not inspected it during
2-24 the previous year, except a facility exempt from certification by
2-25 Section 42.052(e)].
2-26 SECTION 2. This Act takes effect September 1, 1997.
2-27 SECTION 3. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2749 was passed by the House on May
6, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2749 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor