juvenile detention orders shrink from 10 working days to five

The text as introduced · 483 words

90R3328 CJD-F

By: Gámez
H.B. No. 385

A BILL TO BE ENTITLED

AN ACT

relating to the duration of a child's detention following a

detention hearing and a study on the effects of detention orders in

a juvenile court proceeding.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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

five [ 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 five [ 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 seven

[ 15 ] working days.

SECTION 2. (a) In this section, "department" means the

Texas Juvenile Justice Department.

(b) The department shall conduct a study on the effects of

detention orders in a juvenile court proceeding.

(c) In conducting the study described by Subsection (b) of

this section, the department shall, for each child detained in a

facility described by Section 51.12, Family Code, determine the:

(1) amount of time each child was detained in a

facility; and

(2) amount of time between each detention hearing.

(d) Not later than December 1, 2028, the department shall

prepare and submit to the governor, the lieutenant governor, the

speaker of the house of representatives, and each member of the

legislature a written report containing the results of the study

conducted under this section and any recommendations for

legislative or other action. The report must include the

information described by Subsection (c) of this section

disaggregated by:

(1) the county in which the child was detained;

(2) the conduct for which the child was detained;

(3) age;

(4) race;

(5) ethnicity;

(6) sex; and

(7) whether the child is the subject of a case with the

Department of Family and Protective Services.

(e) The department shall ensure that information collected

during the study does not personally identify any child.

(f) This section expires September 1, 2029.

SECTION 3. The change in law made by this Act to Section

54.01, Family Code, applies only to a detention order, including a

subsequent detention order, entered by a court on or after the

effective date of this Act.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2027.