88R2680 CJD-F     By: Smith H.B. No. 2740       A BILL TO BE ENTITLED   AN ACT   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)  [certified] juvenile detention facility that is   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 [a] governmental unit in   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   [certified] under Subsection (c-1) and determined to be [(c) as]   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   [certified] under Subsection (c-1) and determined to be [(c) as]   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 [certified] place of detention that has   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 [certified] under Subsection (c-1) [(c)], if:                (1)  a [certified] juvenile detention facility that has   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 [certified];                (2)  a [certified] secure detention facility that has   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 [certified] juvenile detention   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 [certified] juvenile detention facility that has   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[; and                [(6)  each judge of the juvenile court and a majority of   the members of the juvenile board of the county in which the child   is taken into custody have personally inspected the facility at   least annually and have certified in writing to the Texas Juvenile   Justice Department that the facility complies with the requirements   of Subdivisions (3) and (4)].          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 [a] governmental unit in   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 [a] governmental unit in   this state.          (c)  The Texas Juvenile Justice Department shall annually   inspect each public or private juvenile nonsecure correctional   facility.  The department [Texas Juvenile Justice Department] shall   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   [Texas Juvenile Justice Department] or, at the election of the   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 [certified] juvenile detention facility described by   [under] Section 54.02(h), Family Code, the judge of the criminal   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 [certified] juvenile detention facility   described by [under] Section 54.02(h), Family Code, the judge of   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 [certified] juvenile detention facility that has been   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 [certified] juvenile   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 [certified] juvenile detention facility described   by [under] Section 54.02(h);                (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[, as that term is defined by Section   54.04011].          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 [certified] juvenile detention facility that has been   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 [certified] juvenile 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 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 [certified] juvenile   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   [certified] juvenile detention facility that has been inspected and   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   [certified] juvenile detention facility under Subsection (h), the   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 [certified] juvenile detention facility as   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 [certified] juvenile   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 [certified] juvenile detention facility   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 [certified] juvenile   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.