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