BILL ANALYSIS
By: Phillips
Juvenile Justice & Family Issues
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, Section 51.12 of the Family Code requires judges of the juvenile court and a majority of the members of the juvenile board in each county in which a juvenile pre-adjudication secure detention facility or a public or private juvenile secure correctional facility used for post-adjudication confinement are located to inspect the facilities and certify that the facilities are suitable or unsuitable for the detention of children.
Often, these officials have little or no training on matters pertaining to the inspection of detention facilities, but are held liable for their certification.
In the meantime, Section 141.042, Human Resources Code requires that the Texas Juvenile Probation Commission biennially inspect all public and private juvenile pre-adjudication secure detention facilities and all public and private juvenile post-adjudication secure correctional facilities except a facility operated or certified by the Texas Youth Commission for compliance with the established standards.
C.S.H.B.2043 would simply relieve local officials, who are untrained with respect to facilities standards and inspection procedures, from performing inspections and certifying the suitability of these facilities. Instead, the Texas Juvenile Probation Commission would continue to inspect the facilities and would certify the suitability or unsuitability of the facilities. Furthermore, the certifications would be required to be provided to the local juvenile boards, which would be required to present the certification to the entity with funding authority over the facilities.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
Amends Section 51.12, Family Code, by adding Subsections (b-1), (c-1), and (m) and amending
Subsections (c) and (i) which provides that a pre-adjudication secure detention facility for
juvenile offenders may only be operated by a governmental unit in this state or a private entity
under a contract with a governmental unit in this state. Subsection (c) is amended to remove all
language about post-adjudication facilities, and the requirements for post-adjudication facilities
are subsequently moved Section 51.125 which is created in SECTION 2. Further provides that
in each county, each judge of the juvenile court and a majority of the members of the juvenile
board shall personally inspect all public and private juvenile pre-adjudication secure detention
facilities that are located in the county at least annually and shall certify that the facilities are
suitable or unsuitable for the detention of children.
Additionally, this bill states that when deciding whether to certify a facility as suitable or
unsuitable for the detention of children, the judges and the boards are required to consider the
reports furnished to them by the Texas Juvenile Probation Commission, which includes
compliance with local fire code; compliance with local building code; allegations and/or findings
of abuse, neglect, or exploitation; availability of health and mental health services; availability of
educational services; and the overall physical appearance of the facility.
This bill require the Texas Juvenile Probation Commission to annually inspect each juvenile pre
adjudication secure detention facility and furnish a report of the findings to each juvenile court
judge presiding in the same county as the inspected facility. This report is to recommend
whether a facility is suitable or unsuitable for the detention of children in accordance with
requirements of the Family Code and the minimum professional standards promulgated by the
Texas Juvenile Probation Commission.
Subsection (i) is amended to eliminate references to post-adjudication facilities and reconcile the
section with Subsection (b-1) which is added by this bill.
Subsection (m) is added to allow the Texas Juvenile Probation Commission to deny, suspend, or
revoke the registration of any facility required to register under Subsection (i) if the facility does
not meet minimum standards or fails to correct any notice of noncompliance in a timely manner.
Amends Chapter 51, Family Code, by adding Section 51.125 which applies the same standards
outlined in Section 51.12 to post-adjudication facilities which provides that a pre-adjudication
secure detention facility for juvenile offenders may only be operated by a governmental unit in
this state or a private entity under a contract with a governmental unit in this state. Further
provides that in each county, each judge of the juvenile court and a majority of the members of
the juvenile board shall personally inspect all public and private juvenile pre-adjudication secure
detention facilities that are located in the county at least annually and shall certify that the
facilities are suitable or unsuitable for the detention of children.
Additionally, this bill states that when deciding whether to certify a facility as suitable or
unsuitable for the detention of children, the judges and the boards are required to consider the
reports furnished to them by the Texas Juvenile Probation Commission, which includes
compliance with local fire code; compliance with local building code; allegations and/or findings
of abuse, neglect, or exploitation; availability of health and mental health services; availability of
educational services; and the overall physical appearance of the facility.
This bill require the Texas Juvenile Probation Commission to annually inspect each juvenile pre
adjudication secure detention facility and furnish a report of the findings to each juvenile court
judge presiding in the same county as the inspected facility. This report is to recommend
whether a facility is suitable or unsuitable for the detention of children in accordance with
requirements of the Family Code and the minimum professional standards promulgated by the
Texas Juvenile Probation Commission, and those standards promulgated by the American
Correctional Association.
Amends Section 42.041(b) of the Human Resources Code to delete the reference to Section
141.042(d) of the Human Resources Code, which currently requires the Commission
to biennially inspect these facilities, and add language to exempt facilities already certified under
Section 51.125, Family Code. Also provides that a youth camp is licensed by the Department of
State Health Services.
Amends Section 42.052(h) of the Human Resources Code to delete the reference to Section
141.042(d) of the Human Resources Code, the section which currently requires the Commission
to biennially inspect these facilities, and add language to exempt facilities already certified under
Section 51.125, Family Code.
Repeals Section 141.042(d), Human Resources Code, the section which currently requires the
Commission to biennially inspect these facilities.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B.2043 modifies the original H.B.2043 to require annual inspections by the Texas Juvenile Probation Commission. Additionally, C.S.H.B.2043 requires the commission to give a copy of the report to the local juvenile court judges. While the original H.B.2043 required the Texas Juvenile Probation Commission to certify the facilities, C.S.H.B.2043 places the certification in the hands of the local juvenile court judges and juvenile board and delineates the criteria which must be considered during this process.
C.S.H.B.2043 also separates the inspection, certification, and registration of pre-adjudication facilities and post-adjudication facilities by taking the post-adjudication language out of Family Code Section 51.12, and creating Section 51.125 of the Family Code which deals solely with post-adjudication facilities.
C.S.H.B.2043 adds Subsection 51.12 (b-1), Family Code, which clarifies that a pre-adjudication secure detention facility for juvenile offenders may only be operated by a governmental unit in this state or a private entity under a contract with a governmental unit in this state. Similarly, Subsection 51.125 (a), Family Code, creates the same definition for a post-adjudication facility.
C.S.H.B.2043 adds Subsections 51.12 (m) and 51.125 (e) to the Family Code to allow the Texas Juvenile Probation Commission to deny, suspend, or revoke the registration of facilities required to register with the commission if the facility does not meet minimum standards or fails to correct any notice of noncompliance in a timely manner.
Finally, C.S.H.B.2043 modifies H.B.2043 by additionally amending Sections (i) and adding Sections (b-1) and (m). Finally, C.S.H.B.2043 amends Chapter 51, by adding Section 51.125 to the Family Code which applies similar standards to post-adjudication facilities. Corresponding non-substantive changes have also been made to create accurate references in relation to the new sections and subsections created by the substitute.