By McClendon                                          H.B. No. 2749

         75R9175 DAK-D                           

                                A BILL TO BE ENTITLED

 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:

2-13                 (1)  annually inspect all public and private juvenile

2-14     pre-adjudication secure detention facilities and all public and

2-15     private juvenile post-adjudication secure correctional facilities

2-16     except a facility operated or certified by  the Texas Youth

2-17     Commission; and

2-18                 (2)  monitor compliance with the standards established

2-19     under Subsection (a)(4) [any private, post-adjudication juvenile

2-20     secure correctional facility if the juvenile board of the county in

2-21     which the facility is located has not inspected it during the

2-22     previous year, except a facility exempt from certification by

2-23     Section 42.052(e)].

2-24           SECTION 2.  This Act takes effect September 1, 1997.

2-25           SECTION 3.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended.

 3-3                          COMMITTEE AMENDMENT NO. 1

 3-4           Amend H.B. 2749 as follows:

 3-5           (1)  On page 2, strike lines 12 through 23, and replace with

 3-6     the following:

 3-7           (d)  The commission shall annually inspect all public and

 3-8     private juvenile pre-adjudication secure detention facilities and

 3-9     all public and private juvenile post-adjudication secure

3-10     correctional facilities except a facility operated or certified by

3-11     the Texas Youth Commission [any private, post-adjudicated juvenile

3-12     secure correctional facility if the juvenile board of the county in

3-13     which the facility is located has not inspected it during the

3-14     previous year, except a facility exempt from certification by

3-15     Section 42.052(e)] and shall annually monitor compliance with the

3-16     standards established under Subsection (a)(4) if the juvenile board

3-17     has elected to comply with those standards or shall annually ensure

3-18     that the facility is certified by the American Correctional

3-19     Association if the juvenile board has elected to comply with those

3-20     standards.

3-21                                                              McReynolds