Bill Text: TX SB1839 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the detention of certain juvenile offenders.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB1839 Detail]
Download: Texas-2013-SB1839-Engrossed.html
By: Whitmire | S.B. No. 1839 |
|
||
|
||
relating to the detention of certain juvenile offenders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (c-1) and (f), Section 51.12, Family | ||
Code, are amended to read as follows: | ||
(c-1) The Texas Juvenile Justice Department [ |
||
|
||
pre-adjudication secure detention facility. The department [ |
||
|
||
juvenile court judge presiding in the same county as an inspected | ||
facility indicating whether the facility is suitable or unsuitable | ||
for the detention of children in accordance with: | ||
(1) the requirements of Subsections (a) and[ |
||
|
||
(2) minimum professional standards for the detention | ||
of children in pre-adjudication secure confinement promulgated by | ||
the Texas Juvenile Justice Board [ |
||
election of the juvenile board of the county in which the facility | ||
is located, the current standards promulgated by the American | ||
Correctional Association. | ||
(f) A child detained in a building that contains a jail, | ||
lockup, or other place of secure confinement, including an alcohol | ||
or other drug treatment facility, shall be separated by sight and | ||
sound from adults detained in the same building. Children and | ||
adults are separated by sight and sound only if they are unable to | ||
see each other and conversation between them is not possible. The | ||
separation must extend to all areas of the facility, including | ||
sally ports and passageways, and those areas used for admission, | ||
counseling, sleeping, toileting, showering, dining, recreational, | ||
educational, or vocational activities, and health care. The | ||
separation may be accomplished through architectural design. If | ||
incidental contact between the child and detained adults is | ||
possible at the facility, staff must directly supervise the child | ||
during all times incidental contact is possible. A person who has | ||
been transferred for prosecution in criminal court under Section | ||
54.02 and is under 17 years of age is considered a child for the | ||
purposes of this subsection. | ||
SECTION 2. Subsection (h), Section 54.02, Family Code, is | ||
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 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 person who is ordered to be detained in a juvenile | ||
detention facility and who is under 17 years of age is considered a | ||
child for purposes of Section 51.12. A transfer of custody made | ||
under this subsection is an arrest. | ||
SECTION 3. Subsection (g), Section 51.12, Family Code, is | ||
repealed. | ||
SECTION 4. The change in law made by this Act applies to a | ||
child detained on or after the effective date of this Act, | ||
regardless of whether the conduct for which the child was detained | ||
occurred before, on, or after the effective date of this Act. | ||
SECTION 5. This Act takes effect September 1, 2013. |