85R12403 ADM-D     By: Thierry H.B. No. 3325       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on placing juveniles in privately owned   places of detention.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 51.02(13) and (14), Family Code, are   amended to read as follows:                (13)  "Secure correctional facility" means any [public   or private] residential facility, including an alcohol or other   drug treatment facility, that:                      (A)  includes construction fixtures designed to   physically restrict the movements and activities of juveniles or   other individuals held in lawful custody in the facility; and                      (B)  is used for the placement of any juvenile who   has been adjudicated as having committed an offense, any   nonoffender, or any other individual convicted of a criminal   offense.                (14)  "Secure detention facility" means any [public or   private] residential facility that:                      (A)  includes construction fixtures designed to   physically restrict the movements and activities of juveniles or   other individuals held in lawful custody in the facility; and                      (B)  is used for the temporary placement of any   juvenile who is accused of having committed an offense, any   nonoffender, or any other individual accused of having committed a   criminal offense.          SECTION 2.  Sections 51.12(b-1), (c), (c-1), and (i), Family   Code, are amended to read as follows:          (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 a   governmental unit in this state].          (c)  In each county, each judge of the juvenile court and a   majority of the members of the juvenile board shall personally   inspect all [public or private] juvenile pre-adjudication secure   detention facilities that are located in the county at least   annually and shall certify in writing to the authorities   responsible for operating and giving financial support to the   facilities and to the Texas Juvenile Justice Department that the   facilities are suitable or unsuitable for the detention of   children.  In determining whether a facility is suitable or   unsuitable for the detention of children, the juvenile court judges   and juvenile board members shall consider:                (1)  current monitoring and inspection reports and any   noncompliance citation reports issued by the department, including   the report provided under Subsection (c-1), and the status of any   required corrective actions;                (2)  current governmental inspector certification   regarding the facility's compliance with local fire codes;                (3)  current building inspector certification   regarding the facility's compliance with local building codes;                (4)  for the 12-month period preceding the inspection,   the total number of allegations of abuse, neglect, or exploitation   reported by the facility and a summary of the findings of any   investigations of abuse, neglect, or exploitation conducted by the   facility, a local law enforcement agency, and 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)  the overall physical appearance of the facility,   including the facility's security, maintenance, cleanliness, and   environment.          (c-1)  The Texas Juvenile Justice Department shall annually   inspect each [public or private] juvenile pre-adjudication secure   detention facility.  The 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 detention of children in accordance with:                (1)  the requirements of Subsections (a), (f), and (g);   and                (2)  minimum professional standards for the detention   of children in pre-adjudication secure confinement promulgated by   the 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.          (i)  Except for a facility as provided by Subsection (l), a   governmental unit [or private entity] that operates [or contracts   for the operation of] a juvenile pre-adjudication secure detention   facility under Subsection (b-1) in this state shall:                (1)  register the facility annually with the Texas   Juvenile Justice Department; and                (2)  adhere to all applicable minimum standards for the   facility.          SECTION 3.  Sections 51.125(a), (b), (c), and (d), Family   Code, are amended 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 a   governmental unit in this state].          (b)  In each county, each judge of the juvenile court and a   majority of the members of the juvenile board shall personally   inspect all [public or private] juvenile post-adjudication secure   correctional facilities that are not operated by the Texas Juvenile   Justice Department and that are located in the county at least   annually and shall certify in writing to the authorities   responsible for operating and giving financial support to the   facilities and to the department that the facility or facilities   are suitable or unsuitable for the confinement of children. In   determining whether a facility is suitable or unsuitable for the   confinement of children, the juvenile court judges and juvenile   board members shall consider:                (1)  current monitoring and inspection reports and any   noncompliance citation reports issued by the department, including   the report provided under Subsection (c), and the status of any   required corrective actions; and                (2)  the other factors described under Sections   51.12(c)(2)-(7).          (c)  The Texas Juvenile Justice Department shall annually   inspect each [public or private] juvenile post-adjudication secure   correctional facility that is not operated by the department.  The   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 post-adjudication secure   confinement promulgated by the 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.          (d)  A governmental unit [or private entity] that operates   [or contracts for the operation of] a juvenile post-adjudication   secure correctional facility in this state under Subsection (a),   except for a facility operated by or under contract with the Texas   Juvenile Justice Department, shall:                (1)  register the facility annually with the   department; and                (2)  adhere to all applicable minimum standards for the   facility.          SECTION 4.  Sections 51.126(a) and (d), Family Code, are   amended 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 a   governmental unit in this state].          (d)  A governmental unit [or private entity] that operates   [or contracts for the operation of] a juvenile nonsecure   correctional facility in this state under Subsection (a), except   for a facility operated by or under contract with the Texas Juvenile   Justice Department, shall:                (1)  register the facility annually with the Texas   Juvenile Justice Department; and                (2)  adhere to all applicable minimum standards for the   facility.          SECTION 5.  Chapter 51, Family Code, is amended by adding   Section 51.127 to read as follows:          Sec. 51.127.  PLACEMENT IN PRIVATE CORRECTIONAL FACILITY   PROHIBITED. Notwithstanding any other law, a child may not be   placed in a correctional facility owned, operated, or managed by a   private vendor.          SECTION 6.  Section 54.011(f), Family Code, is amended to   read as follows:          (f)  Except as provided by Subsection (a), a nonoffender,   including a person who has been taken into custody and is being held   solely for deportation out of the United States, may not be detained   for any period of time in a secure detention facility or secure   correctional facility[, regardless of whether the facility is   publicly or privately operated]. A nonoffender who is detained in   violation of this subsection is entitled to immediate release from   the facility and may bring a civil action for compensation for the   illegal detention against any person responsible for the detention.   A person commits an offense if the person knowingly detains or   assists in detaining a nonoffender in a secure detention facility   or secure correctional facility in violation of this subsection.   An offense under this subsection is a Class B misdemeanor.          SECTION 7.  Section 54.04(d), Family Code, is amended to   read as follows:          (d)  If the court or jury makes the finding specified in   Subsection (c) allowing the court to make a disposition in the case:                (1)  the court or jury may, in addition to any order   required or authorized under Section 54.041 or 54.042, place the   child on probation on such reasonable and lawful terms as the court   may determine:                      (A)  in the child's own home or in the custody of a   relative or other fit person; or                      (B)  subject to the finding under Subsection (c)   on the placement of the child outside the child's home, in:                            (i)  a suitable foster home;                            (ii)  a suitable public or private   residential treatment facility licensed by a state governmental   entity or exempted from licensure by state law, except a facility   operated by the Texas Juvenile Justice Department; or                            (iii)  a suitable [public or private]   post-adjudication secure correctional facility that meets the   requirements of Section 51.125, except a facility operated by the   Texas Juvenile Justice Department;                (2)  if the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that violates a penal law of this state or the United States of the   grade of felony, the court or jury made a special commitment finding   under Section 54.04013, and the petition was not approved by the   grand jury under Section 53.045, the court may commit the child to   the Texas Juvenile Justice Department under Section 54.04013, or a   post-adjudication secure correctional facility under Section   54.04011(c)(1), as applicable, without a determinate sentence;                (3)  if the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that included a violation of a penal law listed in Section 53.045(a)   and if the petition was approved by the grand jury under Section   53.045, the court or jury may sentence the child to commitment in   the Texas Juvenile Justice Department or a post-adjudication secure   correctional facility under Section 54.04011(c)(2) with a possible   transfer to the Texas Department of Criminal Justice for a term of:                      (A)  not more than 40 years if the conduct   constitutes:                            (i)  a capital felony;                            (ii)  a felony of the first degree; or                            (iii)  an aggravated controlled substance   felony;                      (B)  not more than 20 years if the conduct   constitutes a felony of the second degree; or                      (C)  not more than 10 years if the conduct   constitutes a felony of the third degree;                (4)  the court may assign the child an appropriate   sanction level and sanctions as provided by the assignment   guidelines in Section 59.003;                (5)  the court may place the child in a suitable   nonsecure correctional facility that is registered and meets the   applicable standards for the facility as provided by Section   51.126; or                (6)  if applicable, the court or jury may make a   disposition under Subsection (m) or Section 54.04011(c)(2)(A).          SECTION 8.  Section 54.04011(d), Family Code, is amended to   read as follows:          (d)  Nothing in this section may be construed to prohibit:                (1)  a juvenile court or jury from making a disposition   under Section 54.04, including:                      (A)  placing a child on probation on such   reasonable and lawful terms as the court may determine, including   placement in a [public or private] post-adjudication secure   correctional facility under Section 54.04(d)(1)(B)(iii); or                      (B)  placing a child adjudicated under Section   54.04(d)(3) or (m) on probation for a term of not more than 10   years, as provided in Section 54.04(q); or                (2)  the attorney representing the state from filing a   motion concerning a child who has been placed on probation under   Section 54.04(q) or the juvenile court from holding a hearing under   Section 54.051(a).          SECTION 9.  Chapter 203, Human Resources Code, is amended by   adding Section 203.019 to read as follows:          Sec. 203.019.  CERTAIN CONTRACTS PROHIBITED.   Notwithstanding any other law, the board may not enter into a   contract with a private vendor under which a child committed to the   department will be placed in a correctional facility owned,   operated, or managed by a private vendor.          SECTION 10.  Sections 221.002(a) and (c), Human Resources   Code, are amended to read as follows:          (a)  The board shall adopt reasonable rules that provide:                (1)  minimum standards for personnel, staffing, case   loads, programs, facilities, record keeping, equipment, and other   aspects of the operation of a juvenile board that are necessary to   provide adequate and effective probation services;                (2)  a code of ethics for probation and detention   officers and for the enforcement of that code;                (3)  appropriate educational, preservice and   in-service training, and certification standards for probation and   detention officers or court-supervised community-based program   personnel;                (4)  subject to Subsection (d), minimum standards for   [public and private] juvenile pre-adjudication secure detention   facilities, [public] juvenile post-adjudication secure   correctional facilities that are operated under the authority of a   juvenile board or governmental unit, [private juvenile   post-adjudication secure correctional facilities operated under a   contract with a governmental unit,] except those facilities exempt   from certification by Section 42.052(g), and nonsecure   correctional facilities operated by [or under contract with] a   governmental unit; and                (5)  minimum standards for juvenile justice   alternative education programs created under Section 37.011,   Education Code, in collaboration and conjunction with the Texas   Education Agency, or its designee.          (c)  The department shall operate a statewide registry for   all [public and private] juvenile pre-adjudication secure   detention facilities and all [public and private] juvenile   post-adjudication secure correctional facilities.          SECTION 11.  Section 221.053, Human Resources Code, is   amended to read as follows:          Sec. 221.053.  CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES.   (a) The only entities other than the state authorized to operate a   correctional facility to house in this state juvenile inmates   convicted of offenses committed against the laws of another state   of the United States are[:                [(1)]  a county or municipality[; and                [(2)     a private vendor operating a correctional   facility under a contract with a county or municipality].          (b)  The board shall develop rules, procedures, and minimum   standards applicable to [county or private] correctional   facilities housing out-of-state juvenile inmates. A contract made   under Subsection (a) shall require the county or[,] municipality[,   or private vendor] to operate the facility in compliance with   minimum standards adopted by the board.          SECTION 12.  Subchapter B, Chapter 221, Human Resources   Code, is amended by adding Section 221.057 to read as follows:          Sec. 221.057.  CERTAIN CONTRACTS PROHIBITED.   Notwithstanding any other law, a juvenile board may not enter into a   contract with a private vendor under which a child will be committed   to a correctional facility owned, operated, or managed by a private   vendor.          SECTION 13.  Section 51.127, Family Code, as added by this   Act, applies to the placement of a child in a correctional facility   on or after the effective date of this Act, regardless of whether   the conduct for which the child is placed occurred before, on, or   after the effective date of this Act.          SECTION 14.  Sections 203.019 and 221.057, Human Resources   Code, as added by this Act, do not apply to a contract entered into   or renewed before the effective date of this Act. A contract   entered into or renewed before the effective date of this Act is   governed by the law in effect at the time the contract was entered   into or renewed, and the former law is continued in effect for that   purpose. A governmental entity may not renew a contract to which   those sections apply after the effective date of this Act and must   transfer children who are placed in a private correctional facility   to a public correctional facility as soon as practicable on or   before the expiration of the contract for the placement of children   in the private facility.          SECTION 15.  This Act takes effect September 1, 2017.