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.

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