1-1                                   AN ACT
 1-2     relating to the mandatory detention of a juvenile for allegedly
 1-3     engaging in certain conduct.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 53.02, Family Code, is amended by
 1-6     amending Subsection (b) and adding Subsection (f) to read as
 1-7     follows:
 1-8           (b)  A child taken into custody may be detained prior to
 1-9     hearing on the petition only if:
1-10                 (1)  the child [he] is likely to abscond or be removed
1-11     from the jurisdiction of the court;
1-12                 (2)  suitable supervision, care, or protection for the
1-13     child [him] is not being provided by a parent, guardian, custodian,
1-14     or other person;
1-15                 (3)  the child [he] has no parent, guardian, custodian,
1-16     or other person able to return the child [him] to the court when
1-17     required;
1-18                 (4)  the child [he] may be dangerous to himself or
1-19     herself or the child [he] may threaten the safety of the public if
1-20     released; [or]
1-21                 (5)  the child [he] has previously been found to be a
1-22     delinquent child or has previously been convicted of a penal
1-23     offense punishable by a term in jail or prison and is likely to
1-24     commit an offense if released; or
 2-1                 (6)  the child's detention is required under Subsection
 2-2     (f).
 2-3           (f)  A child who is alleged to have engaged in delinquent
 2-4     conduct and to have used, possessed, or exhibited a firearm, as
 2-5     defined by Section 46.01, Penal Code, in the commission of the
 2-6     offense shall be detained until the child is released at the
 2-7     direction of the judge of the juvenile court, a substitute judge
 2-8     authorized by Section 51.04(f), or a referee appointed under
 2-9     Section 51.04(g), including an oral direction by telephone, or
2-10     until a detention hearing is held as required by Section 54.01.
2-11           SECTION 2.  Sections 51.04(f) and (g), Family Code, are
2-12     amended to read as follows:
2-13           (f)  If the judge of the juvenile court or any alternate
2-14     judge named under Subsection (b) or (c) [of this section] is not in
2-15     the county or is otherwise unavailable, any magistrate may make a
2-16     determination under Section 53.02(f) or may conduct the detention
2-17     hearing provided for in Section 54.01 [of this code].
2-18           (g)  The juvenile board, or if there is no juvenile board,
2-19     the juvenile court, may appoint a referee to make determinations
2-20     under Section 53.02(f) or to conduct hearings under this title [and
2-21     in accordance with Section 54.10 of this code].  The referee shall
2-22     be an attorney licensed to practice law in this state and shall
2-23     comply with Section 54.10.  Payment of any referee services shall
2-24     be provided from county funds.
2-25           SECTION 3.  Section 51.12, Family Code, as amended by
2-26     Chapters 772 and 1374, Acts of the 75th Legislature, Regular
2-27     Session, 1997, is amended and reenacted to read as follows:
 3-1           Sec. 51.12.  PLACE AND CONDITIONS OF DETENTION.  (a)  Except
 3-2     as provided by Subsection (h), a child may be detained only in a:
 3-3                 (1)  juvenile processing office in compliance with
 3-4     Section 52.025;
 3-5                 (2)  place of nonsecure custody in compliance with
 3-6     Section 52.027;
 3-7                 (3)  certified juvenile detention facility that
 3-8     complies with the requirements of Subsection (f);  [or]
 3-9                 (4)  secure detention facility as provided by
3-10     Subsection (j); or
3-11                 (5)  county jail or other facility as provided by
3-12     Subsection (l) [(i)].
3-13           (b)  The proper authorities in each county shall provide a
3-14     suitable place of detention for children who are parties to
3-15     proceedings under this title, but the juvenile court shall control
3-16     the conditions and terms of detention and detention supervision and
3-17     shall permit visitation with the child at all reasonable times.
3-18           (c)  In each county, each judge of the juvenile court and the
3-19     members of the juvenile board shall personally inspect the juvenile
3-20     pre-adjudication secure detention facilities and any public or
3-21     private juvenile secure correctional facilities used for
3-22     post-adjudication confinement that are located in the county and
3-23     operated under authority of the juvenile board at least annually
3-24     and shall certify in writing to the authorities responsible for
3-25     operating and giving financial support to the facilities and to the
3-26     Texas Juvenile Probation Commission that they are suitable or
3-27     unsuitable for the detention of children in accordance with:
 4-1                 (1)  the requirements of Subsections (a), (f), and (g);
 4-2     and
 4-3                 (2)  minimum professional standards for the detention
 4-4     of children in pre-adjudication or post-adjudication secure
 4-5     confinement promulgated by the Texas Juvenile Probation Commission
 4-6     or, at the election of the juvenile board, the current standards
 4-7     promulgated by the American Correctional Association.
 4-8           (d)  Except as provided by Subsections (j) and (l)
 4-9     [Subsection (i)], a child may not be placed in a facility that has
4-10     not been certified under Subsection (c) as suitable for the
4-11     detention of children and registered under Subsection (i) [of this
4-12     section].  Except as provided by Subsections (j) and (l)
4-13     [Subsection (i)], a child detained in a facility that has not been
4-14     certified under Subsection (c) as suitable for the detention of
4-15     children or that has not been registered under Subsection (i) [of
4-16     this section] shall be entitled to immediate release from custody
4-17     in that facility.
4-18           (e)  If there is no certified place of detention in the
4-19     county in which the petition is filed, the designated place of
4-20     detention may be in another county.
4-21           (f)  A child detained in a building that contains a jail,
4-22     lockup, or other place of secure confinement, including an alcohol
4-23     or other drug treatment facility, shall be separated by sight and
4-24     sound from adults detained in the same building.  Children and
4-25     adults are separated by sight and sound only if they are unable to
4-26     see each other and conversation between them is not possible.  The
4-27     separation must extend to all areas of the facility, including
 5-1     sally ports and passageways, and those areas used for admission,
 5-2     counseling, sleeping, toileting, showering, dining, recreational,
 5-3     educational, or vocational activities, and health care.  The
 5-4     separation may be accomplished through architectural design.
 5-5           (g)  Except for a child detained in a juvenile processing
 5-6     office, a place of nonsecure custody, [or] a secure detention
 5-7     facility as provided by Subsection (j), or a facility as provided
 5-8     by Subsection (l) [(i)], a child detained in a building that
 5-9     contains a jail or lockup may not have any contact with:
5-10                 (1)  part-time or full-time security staff, including
5-11     management, who have contact with adults detained in the same
5-12     building; or
5-13                 (2)  direct-care staff who have contact with adults
5-14     detained in the same building.
5-15           (h)  This section does not apply to a person:
5-16                 (1)  after transfer to criminal court for prosecution
5-17     under Section 54.02; or
5-18                 (2)  who is at least 18 years of age and who has been
5-19     taken into custody after having:
5-20                       (A)  escaped from a juvenile facility; or
5-21                       (B)  violated a condition of probation or of
5-22     release under supervision of the Texas Youth Commission.
5-23           (i)  Except for a facility operated or certified by the Texas
5-24     Youth Commission or a facility as provided by Subsection (l), a
5-25     governmental unit or private entity that operates or contracts for
5-26     the operation of a juvenile pre-adjudication secure detention
5-27     facility or a juvenile post-adjudication secure correctional
 6-1     facility in this state shall:
 6-2                 (1)  register the facility annually with the Texas
 6-3     Juvenile Probation Commission; and
 6-4                 (2)  adhere to all applicable minimum standards for the
 6-5     facility.
 6-6           (j) [(i)]  After being taken into custody, a child may be
 6-7     detained in a secure detention facility until the child is released
 6-8     under Section 53.01, 53.012, or 53.02 or until a detention hearing
 6-9     is held under Section 54.01(a), regardless of whether the facility
6-10     has been certified under Subsection (c), if:
6-11                 (1)  a certified juvenile detention facility is not
6-12     available in the county in which the child is taken into custody;
6-13                 (2)  the detention facility complies with:
6-14                       (A)  the short-term detention standards adopted
6-15     by the Texas Juvenile Probation Commission; and
6-16                       (B)  the requirements of Subsection (f); and
6-17                 (3)  the detention facility has been designated by the
6-18     county juvenile board for the county in which the facility is
6-19     located.
6-20           (k) [(j)]  If a child who is detained under Subsection (j) or
6-21     (l) [(i)] is not released from detention at the conclusion of the
6-22     detention hearing for a reason stated in Section 54.01(e), the
6-23     child may be detained after the hearing only in a certified
6-24     juvenile detention facility.
6-25           (l)  A child who is taken into custody and required to be
6-26     detained under Section 53.02(f) may be detained in a county jail or
6-27     other facility until the child is released under Section 53.02(f)
 7-1     or until a detention hearing is held as required by Section
 7-2     54.01(p), regardless of whether the facility complies with the
 7-3     requirements of this section, if:
 7-4                 (1)  a certified juvenile detention facility or a
 7-5     secure detention facility described by Subsection (j) is not
 7-6     available in the county in which the child is taken into custody or
 7-7     in an adjacent county;
 7-8                 (2)  the facility has been designated by the county
 7-9     juvenile board for the county in which the facility is located;
7-10                 (3)  the child is separated by sight and sound from
7-11     adults detained in the same facility through architectural design
7-12     or time-phasing;
7-13                 (4)  the child does not have any contact with
7-14     management or direct-care staff that has contact with adults
7-15     detained in the same facility on the same work shift;
7-16                 (5)  the county in which the child is taken into
7-17     custody is not located in a metropolitan statistical area as
7-18     designated by the United States Bureau of the Census; and
7-19                 (6)  each judge of the juvenile court and the members
7-20     of the juvenile board of the county in which the child is taken
7-21     into custody have personally inspected the facility at least
7-22     annually and have certified in writing to the Texas Juvenile
7-23     Probation Commission that the facility complies with the
7-24     requirements of Subdivisions (3) and (4).
7-25           SECTION 4.  Section 54.01, Family Code, is amended by
7-26     amending Subsection (a) and adding Subsection (p) to read as
7-27     follows:
 8-1           (a)  Except as provided by Subsection (p), if [If] the child
 8-2     is not released under Section 53.02 [of this code], a detention
 8-3     hearing without a jury shall be held promptly, but not later than
 8-4     the second working day after the child [he] is taken into custody;
 8-5     provided, however, that when a child is detained on a Friday or
 8-6     Saturday, then such detention hearing shall be held on the first
 8-7     working day after the child is taken into custody.
 8-8           (p)  If a child is detained in a county jail or other
 8-9     facility as provided by Section 51.12(l) and the child is not
8-10     released under Section 53.02(f), a detention hearing without a jury
8-11     shall be held promptly, but not later than the 24th hour, excluding
8-12     weekends and holidays, after the time the child is taken into
8-13     custody.
8-14           SECTION 5.  Section 54.10, Family Code, is amended to read as
8-15     follows:
8-16           Sec. 54.10.  HEARINGS BEFORE REFEREE.  (a)  Except as
8-17     provided by Subsection (e) [(c) of this section], the hearing
8-18     provided in Sections 54.01, 54.03, 54.04, and 54.05 [of this code]
8-19     and the hearing provided in Article IV, Article V, and Article VI
8-20     of the Uniform Interstate Compact on Juveniles (Chapter 25 [of this
8-21     code]) may be held by a referee appointed in accordance with
8-22     Section 51.04(g) [of this code] provided:
8-23                 (1)  the parties have been informed by the referee that
8-24     they are entitled to have the hearing before the juvenile court
8-25     judge or in the case of a detention hearing provided for in Section
8-26     54.01 [of this code], a substitute judge as authorized by Section
8-27     51.04(f) [of this code]; or
 9-1                 (2)  the child and the attorney for the child have in
 9-2     accordance with the requirements of Section 51.09 [of this code]
 9-3     waived the right to have the hearing before the juvenile court
 9-4     judge or substitute judge.
 9-5           (b)  The determination under Section 53.02(f) whether to
 9-6     release a child may be made by a referee appointed in accordance
 9-7     with Section 51.04(g) if:
 9-8                 (1)  the child has been informed by the referee that
 9-9     the child is entitled to have the determination made by the
9-10     juvenile court judge or a substitute judge authorized by Section
9-11     51.04(f); or
9-12                 (2)  the child and the attorney for the child have in
9-13     accordance with Section 51.09 waived the right to have the
9-14     determination made by the juvenile court judge or a substitute
9-15     judge.
9-16           (c)  If a child objects to a referee making the determination
9-17     under Section 53.02(f), the juvenile court judge or a substitute
9-18     judge authorized by Section 51.04(f) shall make the determination.
9-19           (d)  At the conclusion of the hearing or immediately after
9-20     making the determination, the referee shall transmit written
9-21     findings and recommendations to the juvenile court judge.  The
9-22     juvenile court judge shall adopt, modify, or reject the referee's
9-23     recommendations not later than the next working day after the day
9-24     that the judge receives the recommendations. Failure to act within
9-25     that time results in release of the child by operation of law and a
9-26     recommendation that the child be released operates to secure the
9-27     child's [his] immediate release subject to the power of the
 10-1    juvenile court judge to modify or reject that recommendation.
 10-2          (e) [(c)]  The hearings provided by Sections 54.03, 54.04,
 10-3    and 54.05 [of this code] may not be held before a referee if the
 10-4    grand jury has approved of the petition and the child is subject to
 10-5    a determinate sentence.
 10-6          SECTION 6.  (a)  The change in law made by this Act applies
 10-7    only to conduct that occurs on or after the effective date of this
 10-8    Act.  Conduct violating a penal law of the state occurs on or after
 10-9    the effective date of this Act if every element of the violation
10-10    occurs on or after that date.
10-11          (b)  Conduct that occurs before the effective date of this
10-12    Act is covered by the law in effect at the time the conduct
10-13    occurred, and the former law is continued in effect for that
10-14    purpose.
10-15          SECTION 7.  This Act takes effect September 1, 1999.
10-16          SECTION 8.  The importance of this legislation and the
10-17    crowded condition of the calendars in both houses create an
10-18    emergency and an imperative public necessity that the
10-19    constitutional rule requiring bills to be read on three several
10-20    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1269 was passed by the House on March
         25, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1269 on May 10, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1269 was passed by the Senate, with
         amendments, on May 7, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor