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A BILL TO BE ENTITLED
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AN ACT
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relating to the inspection of juvenile justice facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.12, Family Code, is amended by |
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amending Subsections (a), (b-1), (d), (e), (j), (j-1), (k), and (l) |
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and adding Subsection (c-2) to read as follows: |
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(a) Except as provided by Subsection (h), a child may be |
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detained only in a: |
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(1) juvenile processing office in compliance with |
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Section 52.025; |
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(2) place of nonsecure custody in compliance with |
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Article 45.058, Code of Criminal Procedure; |
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(3) [certified] juvenile detention facility that is |
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determined to be suitable after the most recent inspection under |
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Subsection (c-1) and that complies with the requirements of |
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Subsection (f); |
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(4) secure detention facility as provided by |
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Subsection (j); |
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(5) county jail or other facility as provided by |
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Subsection (l); or |
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(6) nonsecure correctional facility as provided by |
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Subsection (j-1). |
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(b-1) A pre-adjudication secure detention facility may be |
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operated only by: |
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(1) a governmental unit in this state as defined by |
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Section 101.001, Civil Practice and Remedies Code; or |
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(2) a private entity under a contract with the Texas |
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Juvenile Justice Department or another [a] governmental unit in |
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this state. |
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(c-2) In each county, each juvenile court judge and juvenile |
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board shall annually meet to review the inspection report provided |
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by the Texas Juvenile Justice Department under Subsection (c-1) |
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from the department's inspection of each public or private juvenile |
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pre-adjudication secure detention facility in the county. The |
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meeting shall be held not later than the 60th day after the date of |
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receipt of the inspection report. In addition to reviewing the |
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inspection report, the juvenile court judges and juvenile board |
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members shall review: |
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(1) current monitoring and inspection reports and any |
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noncompliance citation reports issued by the department and the |
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status of any required corrective actions; |
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(2) current governmental inspector certification |
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regarding the facility's compliance with local fire codes; |
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(3) for the 12-month period preceding the date of the |
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inspection, any building inspector certification regarding the |
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facility's compliance with local building codes; |
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(4) for the 12-month period preceding the date of the |
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inspection, the total number of allegations of abuse, neglect, or |
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exploitation reported by the facility and a summary of the findings |
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of any investigation of abuse, neglect, or exploitation conducted |
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by the facility, a local law enforcement agency, or the department; |
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(5) the availability of health and mental health |
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services provided to facility residents; |
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(6) the availability of educational services provided |
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to facility residents; and |
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(7) for the 12-month period preceding the date of the |
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inspection, any report concerning the facility issued by the |
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department's independent ombudsman. |
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(d) Except as provided by Subsections (j) and (l), a child |
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may not be placed in a facility that has not been inspected |
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[certified] under Subsection (c-1) and determined to be [(c) as] |
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suitable for the detention of children and registered under |
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Subsection (i). Except as provided by Subsections (j) and (l), a |
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child detained in a facility that has not been inspected |
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[certified] under Subsection (c-1) and determined to be [(c) as] |
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suitable for the detention of children or that has not been |
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registered under Subsection (i) shall be entitled to immediate |
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release from custody in that facility. |
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(e) If there is no [certified] place of detention that has |
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been inspected and determined to be suitable under Subsection (c-1) |
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in the county in which the petition is filed, the designated place |
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of detention may be in another county. |
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(j) After being taken into custody, a child may be detained |
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in a secure detention facility until the child is released under |
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Section 53.01, 53.012, or 53.02 or until a detention hearing is held |
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under Section 54.01(a), regardless of whether the facility has been |
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inspected [certified] under Subsection (c-1) [(c)], if: |
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(1) a [certified] juvenile detention facility that has |
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been inspected and determined to be suitable under Subsection (c-1) |
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is not available in the county in which the child is taken into |
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custody; |
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(2) the detention facility complies with: |
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(A) the short-term detention standards adopted |
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by the Texas Juvenile Justice Department; and |
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(B) the requirements of Subsection (f); and |
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(3) the detention facility has been designated by the |
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county juvenile board for the county in which the facility is |
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located. |
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(j-1) After being taken into custody, a child may be |
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detained in a nonsecure correctional facility until the child is |
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released under Section 53.01, 53.012, or 53.02 or until a detention |
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hearing is held under Section 54.01(a), if: |
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(1) the nonsecure correctional facility has been |
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appropriately registered and inspected [certified]; |
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(2) a [certified] secure detention facility that has |
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been inspected and determined to be suitable under Subsection (c-1) |
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is not available in the county in which the child is taken into |
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custody; |
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(3) the nonsecure correctional facility complies with |
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the short-term detention standards adopted by the Texas Juvenile |
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Justice Department; and |
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(4) the nonsecure correctional facility has been |
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designated by the county juvenile board for the county in which the |
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facility is located. |
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(k) If a child who is detained under Subsection (j) or (l) is |
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not released from detention at the conclusion of the detention |
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hearing for a reason stated in Section 54.01(e), the child may be |
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detained after the hearing only in a [certified] juvenile detention |
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facility that has been inspected and determined to be suitable |
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under Subsection (c-1). |
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(l) A child who is taken into custody and required to be |
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detained under Section 53.02(f) may be detained in a county jail or |
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other facility until the child is released under Section 53.02(f) |
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or until a detention hearing is held as required by Section |
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54.01(p), regardless of whether the facility complies with the |
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requirements of this section, if: |
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(1) a [certified] juvenile detention facility that has |
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been inspected and determined to be suitable under Subsection (c-1) |
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or a secure detention facility described by Subsection (j) is not |
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available in the county in which the child is taken into custody or |
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in an adjacent county; |
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(2) the facility has been designated by the county |
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juvenile board for the county in which the facility is located; |
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(3) the child is separated by sight and sound from |
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adults detained in the same facility through architectural design |
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or time-phasing; |
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(4) the child does not have any contact with |
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management or direct-care staff that has contact with adults |
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detained in the same facility on the same work shift; and |
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(5) the county in which the child is taken into custody |
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is not located in a metropolitan statistical area as designated by |
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the United States Bureau of the Census[; and |
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[(6) each judge of the juvenile court and a majority of |
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the members of the juvenile board of the county in which the child |
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is taken into custody have personally inspected the facility at |
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least annually and have certified in writing to the Texas Juvenile |
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Justice Department that the facility complies with the requirements |
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of Subdivisions (3) and (4)]. |
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SECTION 2. Section 51.125, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c-1) to read as |
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follows: |
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(a) A post-adjudication secure correctional facility for |
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juvenile offenders may be operated only by: |
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(1) a governmental unit in this state as defined by |
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Section 101.001, Civil Practice and Remedies Code; or |
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(2) a private entity under a contract with the Texas |
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Juvenile Justice Department or another [a] governmental unit in |
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this state. |
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(c-1) In each county, each juvenile court judge and juvenile |
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board shall annually meet to review the inspection report provided |
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by the Texas Juvenile Justice Department under Subsection (c) from |
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the department's inspection of each public or private juvenile |
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pre-adjudication secure detention facility in the county. The |
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meeting shall be held not later than the 60th day after the date of |
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receipt of the inspection report. In addition to reviewing the |
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inspection report, the juvenile court judges and juvenile board |
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shall review: |
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(1) current monitoring and inspection reports and any |
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noncompliance citation reports issued by the department and the |
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status of any required corrective actions; |
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(2) current governmental inspector certification |
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regarding the facility's compliance with local fire codes; |
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(3) for the 12-month period preceding the date of the |
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inspection, any building inspector certification regarding the |
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facility's compliance with local building codes; |
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(4) for the 12-month period preceding the date of the |
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inspection, the total number of allegations of abuse, neglect, or |
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exploitation reported by the facility and a summary of the findings |
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of any investigation of abuse, neglect, or exploitation conducted |
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by the facility, a local law enforcement agency, or the department; |
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(5) the availability of health and mental health |
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services provided to facility residents; |
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(6) the availability of educational services provided |
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to facility residents; and |
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(7) for the 12-month period preceding the date of the |
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inspection, any report concerning the facility issued by the |
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department's independent ombudsman. |
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SECTION 3. Section 51.126, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(a) A nonsecure correctional facility for juvenile |
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offenders may be operated only by: |
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(1) a governmental unit, as defined by Section |
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101.001, Civil Practice and Remedies Code; or |
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(2) a private entity under a contract with the Texas |
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Juvenile Justice Department or another [a] governmental unit in |
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this state. |
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(c) The Texas Juvenile Justice Department shall annually |
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inspect each public or private juvenile nonsecure correctional |
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facility. The department [Texas Juvenile Justice Department] shall |
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provide a report to each juvenile court judge presiding in the same |
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county as an inspected facility indicating whether the facility is |
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suitable or unsuitable for the confinement of children in |
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accordance with minimum professional standards for the confinement |
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of children in nonsecure confinement promulgated by the department |
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[Texas Juvenile Justice Department] or, at the election of the |
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juvenile board of the county in which the facility is located, the |
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current standards promulgated by the American Correctional |
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Association. |
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(c-1) In each county, each juvenile court judge and juvenile |
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board shall annually meet to review the inspection report provided |
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by the Texas Juvenile Justice Department under Subsection (c) from |
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the department's inspection of each public or private juvenile |
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pre-adjudication secure detention facility in the county. The |
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meeting shall be held not later than the 60th day after the date of |
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receipt of the inspection report. In addition to reviewing the |
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inspection report, the juvenile court judges and juvenile board |
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shall review: |
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(1) current monitoring and inspection reports and any |
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noncompliance citation reports issued by the department and the |
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status of any required corrective actions; |
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(2) current governmental inspector certification |
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regarding the facility's compliance with local fire codes; |
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(3) for the 12-month period preceding the date of the |
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inspection, any building inspector certification regarding the |
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facility's compliance with local building codes; |
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(4) for the 12-month period preceding the date of the |
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inspection, the total number of allegations of abuse, neglect, or |
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exploitation reported by the facility and a summary of the findings |
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of any investigation of abuse, neglect, or exploitation conducted |
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by the facility, a local law enforcement agency, or the department; |
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(5) the availability of health and mental health |
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services provided to facility residents; |
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(6) the availability of educational services provided |
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to facility residents; and |
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(7) for the 12-month period preceding the date of the |
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inspection, any report concerning the facility issued by the |
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department's independent ombudsman. |
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SECTION 4. Article 4.19, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN |
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ADULT. (a) Notwithstanding the order of a juvenile court to detain |
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a person under the age of 17 who has been certified to stand trial as |
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an adult in a [certified] juvenile detention facility described by |
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[under] Section 54.02(h), Family Code, the judge of the criminal |
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court having jurisdiction over the person may order the person to be |
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transferred to an adult facility. A child who is transferred to an |
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adult facility must be detained under conditions meeting the |
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requirements of Section 51.12, Family Code. |
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(b) On the 17th birthday of a person described by Subsection |
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(a) who is detained in a [certified] juvenile detention facility |
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described by [under] Section 54.02(h), Family Code, the judge of |
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the criminal court having jurisdiction over the person shall order |
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the person to be transferred to an adult facility. |
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SECTION 5. Articles 24.011(d) and (d-1), Code of Criminal |
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Procedure, are amended to read as follows: |
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(d) The court may order that the person who is the witness be |
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detained in a [certified] juvenile detention facility that has been |
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inspected and determined to be suitable if the person is younger |
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than 17 years of age. If the person is at least 17 years of age, the |
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court may order that the person be detained without bond in an |
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appropriate county facility for the detention of adults accused of |
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criminal offenses. |
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(d-1) A witness younger than 17 years of age held in custody |
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under this article may be placed in a [certified] juvenile |
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detention facility that has been inspected and determined to be |
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suitable for a period not to exceed 30 days. The length of |
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placement may be extended in increments of 30 days by the court that |
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issued the original bench warrant. If the placement is not |
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extended, the period under this article expires and the witness may |
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be returned as provided by Subsection (c). |
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SECTION 6. Section 51.13(c), Family Code, is amended to |
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read as follows: |
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(c) A child may not be committed or transferred to a penal |
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institution or other facility used primarily for the execution of |
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sentences of persons convicted of crime, except: |
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(1) for temporary detention in a jail or lockup |
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pending juvenile court hearing or disposition under conditions |
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meeting the requirements of Section 51.12; |
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(2) after transfer for prosecution in criminal court |
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under Section 54.02, unless the juvenile court orders the detention |
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of the child in a [certified] juvenile detention facility described |
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by [under] Section 54.02(h); |
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(3) after transfer from the Texas Juvenile Justice |
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Department under Section 245.151(c), Human Resources Code; or |
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(4) after transfer from a post-adjudication secure |
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correctional facility[, as that term is defined by Section |
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54.04011]. |
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SECTION 7. Sections 52.0151(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) The court may order that the person who is the witness be |
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detained in a [certified] juvenile detention facility that has been |
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inspected and determined to be suitable if the person is younger |
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than 17 years of age. If the person is at least 17 years of age, the |
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court may order that the person be detained without bond in an |
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appropriate county facility for the detention of adults accused of |
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criminal offenses. |
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(c) A witness held in custody under this section may be |
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placed in a [certified] juvenile detention facility that has been |
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inspected and determined to be suitable for a period not to exceed |
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30 days. The length of placement may be extended in 30-day |
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increments by the court that issued the original bench warrant. If |
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the placement is not extended, the period under this section |
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expires and the witness may be returned as provided by Subsection |
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(a). |
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SECTION 8. Section 54.01(h), Family Code, is amended to |
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read as follows: |
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(h) A detention order extends to the conclusion of the |
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disposition hearing, if there is one, but in no event for more than |
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10 working days. Further detention orders may be made following |
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subsequent detention hearings. The initial detention hearing may |
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not be waived but subsequent detention hearings may be waived in |
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accordance with the requirements of Section 51.09. Each subsequent |
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detention order shall extend for no more than 10 working days, |
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except that in a county that does not have a [certified] juvenile |
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detention facility, as described by Section 51.12(a)(3), each |
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subsequent detention order shall extend for no more than 15 working |
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days. |
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SECTION 9. Sections 54.02(h), (h-1), (p), and (q), Family |
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Code, are amended to read as follows: |
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(h) If the juvenile court waives jurisdiction, it shall |
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state specifically in the order its reasons for waiver and certify |
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its action, including the written order and findings of the court, |
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and shall transfer the person to the appropriate court for criminal |
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proceedings and cause the results of the diagnostic study of the |
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person ordered under Subsection (d), including psychological |
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information, to be transferred to the appropriate criminal |
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prosecutor. On transfer of the person for criminal proceedings, |
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the person shall be dealt with as an adult and in accordance with |
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the Code of Criminal Procedure, except that if detention in a |
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[certified] juvenile detention facility that has been inspected and |
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determined to be suitable is authorized under Section 152.0015, |
|
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Human Resources Code, the juvenile court may order the person to be |
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detained in the facility pending trial or until the criminal court |
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enters an order under Article 4.19, Code of Criminal Procedure. A |
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transfer of custody made under this subsection is an arrest. |
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(h-1) If the juvenile court orders a person detained in a |
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[certified] juvenile detention facility under Subsection (h), the |
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juvenile court shall set or deny bond for the person as required by |
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the Code of Criminal Procedure and other law applicable to the |
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pretrial detention of adults accused of criminal offenses. |
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(p) If the juvenile court does not order a respondent |
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released under Subsection (o), the court shall, pending the |
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conclusion of the discretionary transfer hearing, order that the |
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respondent be detained in: |
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(1) a [certified] juvenile detention facility as |
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provided by Subsection (q); or |
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(2) an appropriate county facility for the detention |
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of adults accused of criminal offenses. |
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(q) The detention of a respondent in a [certified] juvenile |
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detention facility that has been inspected and determined to be |
|
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suitable must comply with the detention requirements under this |
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title, except that, to the extent practicable, the person shall be |
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kept separate from children detained in the same facility. |
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SECTION 10. Sections 54.11(l) and (m), Family Code, are |
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amended to read as follows: |
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(l) Pending the conclusion of a transfer hearing, the |
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juvenile court shall order that the person who is referred for |
|
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transfer be detained in a [certified] juvenile detention facility |
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as provided by Subsection (m). If the person is at least 17 years of |
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age, the juvenile court may order that the person be detained |
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without bond in an appropriate county facility for the detention of |
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adults accused of criminal offenses. |
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(m) The detention of a person in a [certified] juvenile |
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detention facility that has been inspected and determined to be |
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suitable must comply with the detention requirements under this |
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title, except that, to the extent practicable, the person must be |
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kept separate from children detained in the same facility. |
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SECTION 11. Sections 51.12(c), 51.125(b), and 51.126(b), |
|
|
Family Code, are repealed. |
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SECTION 12. This Act takes effect September 1, 2023. |