Bill Text: TX HB2740 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the inspection of juvenile justice facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to Youth Health & Safety, Select [HB2740 Detail]
Download: Texas-2023-HB2740-Introduced.html
88R2680 CJD-F | ||
By: Smith | H.B. No. 2740 |
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relating to the inspection of juvenile justice facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.12, Family Code, is amended by | ||
amending Subsections (a), (b-1), (d), (e), (j), (j-1), (k), and (l) | ||
and adding Subsection (c-2) to read as follows: | ||
(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 | ||
Article 45.058, Code of Criminal Procedure; | ||
(3) [ |
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determined to be suitable after the most recent inspection under | ||
Subsection (c-1) and that complies with the requirements of | ||
Subsection (f); | ||
(4) secure detention facility as provided by | ||
Subsection (j); | ||
(5) county jail or other facility as provided by | ||
Subsection (l); or | ||
(6) nonsecure correctional facility as provided by | ||
Subsection (j-1). | ||
(b-1) A pre-adjudication secure detention facility may be | ||
operated only by: | ||
(1) a governmental unit in this state as defined by | ||
Section 101.001, Civil Practice and Remedies Code; or | ||
(2) a private entity under a contract with the Texas | ||
Juvenile Justice Department or another [ |
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this state. | ||
(c-2) In each county, each juvenile court judge and juvenile | ||
board shall annually meet to review the inspection report provided | ||
by the Texas Juvenile Justice Department under Subsection (c-1) | ||
from the department's inspection of each public or private juvenile | ||
pre-adjudication secure detention facility in the county. The | ||
meeting shall be held not later than the 60th day after the date of | ||
receipt of the inspection report. In addition to reviewing the | ||
inspection report, the juvenile court judges and juvenile board | ||
members shall review: | ||
(1) current monitoring and inspection reports and any | ||
noncompliance citation reports issued by the department and the | ||
status of any required corrective actions; | ||
(2) current governmental inspector certification | ||
regarding the facility's compliance with local fire codes; | ||
(3) for the 12-month period preceding the date of the | ||
inspection, any building inspector certification regarding the | ||
facility's compliance with local building codes; | ||
(4) for the 12-month period preceding the date of the | ||
inspection, the total number of allegations of abuse, neglect, or | ||
exploitation reported by the facility and a summary of the findings | ||
of any investigation of abuse, neglect, or exploitation conducted | ||
by the facility, a local law enforcement agency, or the department; | ||
(5) the availability of health and mental health | ||
services provided to facility residents; | ||
(6) the availability of educational services provided | ||
to facility residents; and | ||
(7) for the 12-month period preceding the date of the | ||
inspection, any report concerning the facility issued by the | ||
department's independent ombudsman. | ||
(d) Except as provided by Subsections (j) and (l), a child | ||
may not be placed in a facility that has not been inspected | ||
[ |
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suitable for the detention of children and registered under | ||
Subsection (i). Except as provided by Subsections (j) and (l), a | ||
child detained in a facility that has not been inspected | ||
[ |
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suitable for the detention of children or that has not been | ||
registered under Subsection (i) shall be entitled to immediate | ||
release from custody in that facility. | ||
(e) If there is no [ |
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been inspected and determined to be suitable under Subsection (c-1) | ||
in the county in which the petition is filed, the designated place | ||
of detention may be in another county. | ||
(j) 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 | ||
inspected [ |
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(1) a [ |
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been inspected and determined to be suitable under Subsection (c-1) | ||
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 Justice Department; 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. | ||
(j-1) After being taken into custody, a child may be | ||
detained in a nonsecure correctional 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), if: | ||
(1) the nonsecure correctional facility has been | ||
appropriately registered and inspected [ |
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(2) a [ |
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been inspected and determined to be suitable under Subsection (c-1) | ||
is not available in the county in which the child is taken into | ||
custody; | ||
(3) the nonsecure correctional facility complies with | ||
the short-term detention standards adopted by the Texas Juvenile | ||
Justice Department; and | ||
(4) the nonsecure correctional facility has been | ||
designated by the county juvenile board for the county in which the | ||
facility is located. | ||
(k) If a child who is detained under Subsection (j) or (l) 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 [ |
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facility that has been inspected and determined to be suitable | ||
under Subsection (c-1). | ||
(l) A child who is taken into custody and required to be | ||
detained under Section 53.02(f) may be detained in a county jail or | ||
other facility until the child is released under Section 53.02(f) | ||
or until a detention hearing is held as required by Section | ||
54.01(p), regardless of whether the facility complies with the | ||
requirements of this section, if: | ||
(1) a [ |
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been inspected and determined to be suitable under Subsection (c-1) | ||
or a secure detention facility described by Subsection (j) is not | ||
available in the county in which the child is taken into custody or | ||
in an adjacent county; | ||
(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; | ||
(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; and | ||
(5) the county in which the child is taken into custody | ||
is not located in a metropolitan statistical area as designated by | ||
the United States Bureau of the Census[ |
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[ |
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SECTION 2. Section 51.125, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (c-1) to read as | ||
follows: | ||
(a) A post-adjudication secure correctional facility for | ||
juvenile offenders may be operated only by: | ||
(1) a governmental unit in this state as defined by | ||
Section 101.001, Civil Practice and Remedies Code; or | ||
(2) a private entity under a contract with the Texas | ||
Juvenile Justice Department or another [ |
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this state. | ||
(c-1) In each county, each juvenile court judge and juvenile | ||
board shall annually meet to review the inspection report provided | ||
by the Texas Juvenile Justice Department under Subsection (c) from | ||
the department's inspection of each public or private juvenile | ||
pre-adjudication secure detention facility in the county. The | ||
meeting shall be held not later than the 60th day after the date of | ||
receipt of the inspection report. In addition to reviewing the | ||
inspection report, the juvenile court judges and juvenile board | ||
shall review: | ||
(1) current monitoring and inspection reports and any | ||
noncompliance citation reports issued by the department and the | ||
status of any required corrective actions; | ||
(2) current governmental inspector certification | ||
regarding the facility's compliance with local fire codes; | ||
(3) for the 12-month period preceding the date of the | ||
inspection, any building inspector certification regarding the | ||
facility's compliance with local building codes; | ||
(4) for the 12-month period preceding the date of the | ||
inspection, the total number of allegations of abuse, neglect, or | ||
exploitation reported by the facility and a summary of the findings | ||
of any investigation of abuse, neglect, or exploitation conducted | ||
by the facility, a local law enforcement agency, or the department; | ||
(5) the availability of health and mental health | ||
services provided to facility residents; | ||
(6) the availability of educational services provided | ||
to facility residents; and | ||
(7) for the 12-month period preceding the date of the | ||
inspection, any report concerning the facility issued by the | ||
department's independent ombudsman. | ||
SECTION 3. Section 51.126, Family Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (c-1) to | ||
read as follows: | ||
(a) A nonsecure correctional facility for juvenile | ||
offenders may be operated only by: | ||
(1) a governmental unit, as defined by Section | ||
101.001, Civil Practice and Remedies Code; or | ||
(2) a private entity under a contract with the Texas | ||
Juvenile Justice Department or another [ |
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this state. | ||
(c) The Texas Juvenile Justice Department shall annually | ||
inspect each public or private juvenile nonsecure correctional | ||
facility. The department [ |
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provide a report to each juvenile court judge presiding in the same | ||
county as an inspected facility indicating whether the facility is | ||
suitable or unsuitable for the confinement of children in | ||
accordance with minimum professional standards for the confinement | ||
of children in nonsecure confinement promulgated by the department | ||
[ |
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juvenile board of the county in which the facility is located, the | ||
current standards promulgated by the American Correctional | ||
Association. | ||
(c-1) In each county, each juvenile court judge and juvenile | ||
board shall annually meet to review the inspection report provided | ||
by the Texas Juvenile Justice Department under Subsection (c) from | ||
the department's inspection of each public or private juvenile | ||
pre-adjudication secure detention facility in the county. The | ||
meeting shall be held not later than the 60th day after the date of | ||
receipt of the inspection report. In addition to reviewing the | ||
inspection report, the juvenile court judges and juvenile board | ||
shall review: | ||
(1) current monitoring and inspection reports and any | ||
noncompliance citation reports issued by the department and the | ||
status of any required corrective actions; | ||
(2) current governmental inspector certification | ||
regarding the facility's compliance with local fire codes; | ||
(3) for the 12-month period preceding the date of the | ||
inspection, any building inspector certification regarding the | ||
facility's compliance with local building codes; | ||
(4) for the 12-month period preceding the date of the | ||
inspection, the total number of allegations of abuse, neglect, or | ||
exploitation reported by the facility and a summary of the findings | ||
of any investigation of abuse, neglect, or exploitation conducted | ||
by the facility, a local law enforcement agency, or the department; | ||
(5) the availability of health and mental health | ||
services provided to facility residents; | ||
(6) the availability of educational services provided | ||
to facility residents; and | ||
(7) for the 12-month period preceding the date of the | ||
inspection, any report concerning the facility issued by the | ||
department's independent ombudsman. | ||
SECTION 4. Article 4.19, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN | ||
ADULT. (a) Notwithstanding the order of a juvenile court to detain | ||
a person under the age of 17 who has been certified to stand trial as | ||
an adult in a [ |
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[ |
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court having jurisdiction over the person may order the person to be | ||
transferred to an adult facility. A child who is transferred to an | ||
adult facility must be detained under conditions meeting the | ||
requirements of Section 51.12, Family Code. | ||
(b) On the 17th birthday of a person described by Subsection | ||
(a) who is detained in a [ |
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described by [ |
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the criminal court having jurisdiction over the person shall order | ||
the person to be transferred to an adult facility. | ||
SECTION 5. Articles 24.011(d) and (d-1), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(d) The court may order that the person who is the witness be | ||
detained in a [ |
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inspected and determined to be suitable if the person is younger | ||
than 17 years of age. If the person is at least 17 years of age, the | ||
court may order that the person be detained without bond in an | ||
appropriate county facility for the detention of adults accused of | ||
criminal offenses. | ||
(d-1) A witness younger than 17 years of age held in custody | ||
under this article may be placed in a [ |
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detention facility that has been inspected and determined to be | ||
suitable for a period not to exceed 30 days. The length of | ||
placement may be extended in increments of 30 days by the court that | ||
issued the original bench warrant. If the placement is not | ||
extended, the period under this article expires and the witness may | ||
be returned as provided by Subsection (c). | ||
SECTION 6. Section 51.13(c), Family Code, is amended to | ||
read as follows: | ||
(c) A child may not be committed or transferred to a penal | ||
institution or other facility used primarily for the execution of | ||
sentences of persons convicted of crime, except: | ||
(1) for temporary detention in a jail or lockup | ||
pending juvenile court hearing or disposition under conditions | ||
meeting the requirements of Section 51.12; | ||
(2) after transfer for prosecution in criminal court | ||
under Section 54.02, unless the juvenile court orders the detention | ||
of the child in a [ |
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by [ |
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(3) after transfer from the Texas Juvenile Justice | ||
Department under Section 245.151(c), Human Resources Code; or | ||
(4) after transfer from a post-adjudication secure | ||
correctional facility[ |
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SECTION 7. Sections 52.0151(b) and (c), Family Code, are | ||
amended to read as follows: | ||
(b) The court may order that the person who is the witness be | ||
detained in a [ |
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inspected and determined to be suitable if the person is younger | ||
than 17 years of age. If the person is at least 17 years of age, the | ||
court may order that the person be detained without bond in an | ||
appropriate county facility for the detention of adults accused of | ||
criminal offenses. | ||
(c) A witness held in custody under this section may be | ||
placed in a [ |
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inspected and determined to be suitable for a period not to exceed | ||
30 days. The length of placement may be extended in 30-day | ||
increments by the court that issued the original bench warrant. If | ||
the placement is not extended, the period under this section | ||
expires and the witness may be returned as provided by Subsection | ||
(a). | ||
SECTION 8. Section 54.01(h), Family Code, is amended to | ||
read as follows: | ||
(h) A detention order extends to the conclusion of the | ||
disposition hearing, if there is one, but in no event for more than | ||
10 working days. Further detention orders may be made following | ||
subsequent detention hearings. The initial detention hearing may | ||
not be waived but subsequent detention hearings may be waived in | ||
accordance with the requirements of Section 51.09. Each subsequent | ||
detention order shall extend for no more than 10 working days, | ||
except that in a county that does not have a [ |
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detention facility, as described by Section 51.12(a)(3), each | ||
subsequent detention order shall extend for no more than 15 working | ||
days. | ||
SECTION 9. Sections 54.02(h), (h-1), (p), and (q), Family | ||
Code, are amended to read as follows: | ||
(h) If the juvenile court waives jurisdiction, it shall | ||
state specifically in the order its reasons for waiver and certify | ||
its action, including the written order and findings of the court, | ||
and shall transfer the person to the appropriate court for criminal | ||
proceedings and cause the results of the diagnostic study of the | ||
person ordered under Subsection (d), including psychological | ||
information, to be transferred to the appropriate criminal | ||
prosecutor. On transfer of the person for criminal proceedings, | ||
the person shall be dealt with as an adult and in accordance with | ||
the Code of Criminal Procedure, except that if detention in a | ||
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determined to be suitable is authorized under Section 152.0015, | ||
Human Resources Code, the juvenile court may order the person to be | ||
detained in the facility pending trial or until the criminal court | ||
enters an order under Article 4.19, Code of Criminal Procedure. A | ||
transfer of custody made under this subsection is an arrest. | ||
(h-1) If the juvenile court orders a person detained in a | ||
[ |
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juvenile court shall set or deny bond for the person as required by | ||
the Code of Criminal Procedure and other law applicable to the | ||
pretrial detention of adults accused of criminal offenses. | ||
(p) If the juvenile court does not order a respondent | ||
released under Subsection (o), the court shall, pending the | ||
conclusion of the discretionary transfer hearing, order that the | ||
respondent be detained in: | ||
(1) a [ |
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provided by Subsection (q); or | ||
(2) an appropriate county facility for the detention | ||
of adults accused of criminal offenses. | ||
(q) The detention of a respondent in a [ |
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detention facility that has been inspected and determined to be | ||
suitable must comply with the detention requirements under this | ||
title, except that, to the extent practicable, the person shall be | ||
kept separate from children detained in the same facility. | ||
SECTION 10. Sections 54.11(l) and (m), Family Code, are | ||
amended to read as follows: | ||
(l) Pending the conclusion of a transfer hearing, the | ||
juvenile court shall order that the person who is referred for | ||
transfer be detained in a [ |
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as provided by Subsection (m). If the person is at least 17 years of | ||
age, the juvenile court may order that the person be detained | ||
without bond in an appropriate county facility for the detention of | ||
adults accused of criminal offenses. | ||
(m) The detention of a person in a [ |
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detention facility that has been inspected and determined to be | ||
suitable must comply with the detention requirements under this | ||
title, except that, to the extent practicable, the person must be | ||
kept separate from children detained in the same facility. | ||
SECTION 11. Sections 51.12(c), 51.125(b), and 51.126(b), | ||
Family Code, are repealed. | ||
SECTION 12. This Act takes effect September 1, 2023. |