Amend HB 1269 on third reading by striking all below the
enacting clause and substituting the following:
SECTION 1. Section 53.02, Family Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) If a child is brought before the court or delivered to a
detention facility as authorized by Sections 51.12(a)(3) and (4),
the intake or other authorized officer of the court shall
immediately make an investigation and shall release the child
unless it appears that his detention is warranted under Subsection
(b) or (f). The release may be conditioned upon requirements
reasonably necessary to insure the child's appearance at later
proceedings, but the conditions of the release must be in writing
and filed with the office or official designated by the court and a
copy furnished to the child.
(f) In addition to the circumstances under which a child may
be detained under Subsection (b), a child taken into custody for
conduct involving the use, possession, or exhibition of a firearm,
as defined by Section 46.01, Penal Code, may be detained prior to
hearing on the petition if the judge of the juvenile court, a
substitute judge authorized by Section 51.04(f), or a referee
appointed under Section 51.04(g), authorizes the detention of the
child. The authorization required under this subsection may be
made by telephone.
SECTION 2. Section 51.12, Family Code, as amended by
Chapters 772 and 1374, Acts of the 75th Legislature, Regular
Session, 1997, is amended and reenacted to read as follows:
Sec. 51.12. PLACE AND CONDITIONS OF DETENTION. (a) Except
as provided by Subsection (h), a child may be detained only in a:
(1) juvenile processing office in compliance with
Section 52.025;
(2) place of nonsecure custody in compliance with
Section 52.027;
(3) certified juvenile detention facility that
complies with the requirements of Subsection (f); <or>
(4) secure detention facility as provided by
Subsection (j); or
(5) county jail or other facility as provided by
Subsection (l) <(i)>.
(b) The proper authorities in each county shall provide a
suitable place of detention for children who are parties to
proceedings under this title, but the juvenile court shall control
the conditions and terms of detention and detention supervision and
shall permit visitation with the child at all reasonable times.
(c) In each county, each judge of the juvenile court and the
members of the juvenile board shall personally inspect the juvenile
pre-adjudication secure detention facilities and any public or
private juvenile secure correctional facilities used for
post-adjudication confinement that are located in the county and
operated under authority of the juvenile board at least annually
and shall certify in writing to the authorities responsible for
operating and giving financial support to the facilities and to the
Texas Juvenile Probation Commission that they are suitable or
unsuitable for the detention of children in accordance with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication or post-adjudication secure
confinement promulgated by the Texas Juvenile Probation Commission
or, at the election of the juvenile board, the current standards
promulgated by the American Correctional Association.
(d) Except as provided by Subsections (j) and (l)
<Subsection (i)>, a child may not be placed in a facility that has
not been certified under Subsection (c) as suitable for the
detention of children and registered under Subsection (i) <of this
section>. Except as provided by Subsections (j) and (l)
<Subsection (i)>, a child detained in a facility that has not been
certified under Subsection (c) as suitable for the detention of
children or that has not been registered under Subsection (i) <of
this section> shall be entitled to immediate release from custody
in that facility.
(e) If there is no certified place of detention in the
county in which the petition is filed, the designated place of
detention may be in another county.
(f) A child detained in a building that contains a jail,
lockup, or other place of secure confinement, including an alcohol
or other drug treatment facility, shall be separated by sight and
sound from adults detained in the same building. Children and
adults are separated by sight and sound only if they are unable to
see each other and conversation between them is not possible. The
separation must extend to all areas of the facility, including
sally ports and passageways, and those areas used for admission,
counseling, sleeping, toileting, showering, dining, recreational,
educational, or vocational activities, and health care. The
separation may be accomplished through architectural design.
(g) Except for a child detained in a juvenile processing
office, a place of nonsecure custody, <or> a secure detention
facility as provided by Subsection (j), or a facility as provided
by Subsection (l) <(i)>, a child detained in a building that
contains a jail or lockup may not have any contact with:
(1) part-time or full-time security staff, including
management, who have contact with adults detained in the same
building; or
(2) direct-care staff who have contact with adults
detained in the same building.
(h) This section does not apply to a person:
(1) after transfer to criminal court for prosecution
under Section 54.02; or
(2) who is at least 18 years of age and who has been
taken into custody after having:
(A) escaped from a juvenile facility; or
(B) violated a condition of probation or of
release under supervision of the Texas Youth Commission.
(i) Except for a facility operated or certified by the Texas
Youth Commission or a facility as provided by Subsection (l), a
governmental unit or private entity that operates or contracts for
the operation of a juvenile pre-adjudication secure detention
facility or a juvenile post-adjudication secure correctional
facility in this state shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(j) <(i)> After being taken into custody, a child may be
detained in a secure detention facility until the child is released
under Section 53.01, 53.012, or 53.02 or until a detention hearing
is held under Section 54.01(a), regardless of whether the facility
has been certified under Subsection (c), if:
(1) a certified juvenile detention facility is not
available in the county in which the child is taken into custody;
(2) the detention facility complies with:
(A) the short-term detention standards adopted
by the Texas Juvenile Probation Commission; and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by the
county juvenile board for the county in which the facility is
located.
(k) <(j)> If a child who is detained under Subsection (j) or
(l) <(i)> is not released from detention at the conclusion of the
detention hearing for a reason stated in Section 54.01(e), the
child may be detained after the hearing only in a certified
juvenile detention facility.
(l) A child who is taken into custody and detained under
Section 53.02(f) may be detained in a county jail or other facility
until a detention hearing is held under Section 54.01, regardless
of whether the facility complies with the requirements of this
section, if:
(1) a certified juvenile detention facility or a
secure detention facility described by Subsection (j) is not
available in the county in which the child is taken into custody;
(2) the facility has been designated by the county
juvenile board for the county in which the facility is located;
(3) the child is separated by sight and sound from
adults detained in the same facility through architectural design
or time-phasing; and
(4) the child does not have any contact with
management or direct-care staff that has contact with adults
detained in the same facility on the same work shift.
SECTION 3. (a) The change in law made by this Act applies
only to conduct that occurs on or after the effective date of this
Act. Conduct violating a penal law of the state occurs on or after
the effective date of this Act if every element of the violation
occurs on or after that date.
(b) Conduct that occurs before the effective date of this
Act is covered by the law in effect at the time the conduct
occurred, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 1999.
SECTION 5. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended.