1-1 By: McClendon (Senate Sponsor - West) H.B. No. 2749
1-2 (In the Senate - Received from the House May 7, 1997;
1-3 May 8, 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 standards adopted for and registry of juvenile
1-9 pre-adjudication and post-adjudication secure detention and
1-10 correctional facilities by the Texas Juvenile Probation Commission.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 141.042(a), (c), and (d), Human
1-13 Resources Code, are amended to read as follows:
1-14 (a) The commission shall adopt reasonable rules that
1-15 provide:
1-16 (1) minimum standards for personnel, staffing, case
1-17 loads, programs, facilities, record keeping, equipment, and other
1-18 aspects of the operation of a juvenile board that are necessary to
1-19 provide adequate and effective probation services;
1-20 (2) a code of ethics for probation officers and for
1-21 the enforcement of that code;
1-22 (3) appropriate educational, preservice and in-service
1-23 training, and certification standards for probation officers or
1-24 court-supervised community-based program personnel; and
1-25 (4) minimum standards for public and private juvenile
1-26 pre-adjudication secure detention facilities, public juvenile
1-27 post-adjudication [juvenile] secure correctional facilities that
1-28 are operated under the authority of a juvenile board, and private
1-29 juvenile post-adjudication [juvenile] secure correctional
1-30 facilities, except those facilities exempt from certification by
1-31 Section 42.052(e).
1-32 (c) The commission shall operate a statewide registry for
1-33 all public and private juvenile pre-adjudication secure detention
1-34 facilities and all public and private juvenile post-adjudication
1-35 secure correctional facilities except a facility operated or
1-36 certified by the Texas Youth Commission [annually monitor
1-37 compliance with the standards established under Subsection (a)(4)
1-38 if the juvenile board has elected to comply with those standards or
1-39 shall annually ensure that the facility is certified by the
1-40 American Correctional Association if the juvenile board has elected
1-41 to comply with those standards].
1-42 (d) The commission shall annually inspect all public and
1-43 private juvenile pre-adjudication secure detention facilities and
1-44 all public and private juvenile post-adjudication secure
1-45 correctional facilities except a facility operated or certified by
1-46 the Texas Youth Commission and shall annually monitor compliance
1-47 with the standards established under Subsection (a)(4) if the
1-48 juvenile board has elected to comply with those standards or shall
1-49 annually ensure that the facility is certified by the American
1-50 Correctional Association if the juvenile board has elected to
1-51 comply with those standards [any private, post-adjudication
1-52 juvenile secure correctional facility if the juvenile board of the
1-53 county in which the facility is located has not inspected it during
1-54 the previous year, except a facility exempt from certification by
1-55 Section 42.052(e)].
1-56 SECTION 2. This Act takes effect September 1, 1997.
1-57 SECTION 3. The importance of this legislation and the
1-58 crowded condition of the calendars in both houses create an
1-59 emergency and an imperative public necessity that the
1-60 constitutional rule requiring bills to be read on three several
1-61 days in each house be suspended, and this rule is hereby suspended.
1-62 * * * * *