Tex. Fam. Code Section 51.126
Nonsecure Correctional Facilities


(a)

A nonsecure correctional facility for juvenile offenders may be operated only by:

(1)

a governmental unit, as defined by Section 101.001 (Definitions), 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, at least annually, all nonsecure correctional facilities that are located in the county 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 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 Texas Juvenile Justice 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 (Place and Conditions of Detention)(c)(2)-(7).

(c)

The Texas Juvenile Justice Department shall inspect each nonsecure correctional facility. The 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 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.

(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.

(e)

The Texas Juvenile Justice Department may deny, suspend, or revoke the registration of any facility required to register under Subsection (d) if the facility fails to:

(1)

adhere to all applicable minimum standards for the facility; or

(2)

timely correct any notice of noncompliance with minimum standards.

(f)

Expired.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.005, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 2.001, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 9, eff. September 1, 2023.

Source: Section 51.126 — Nonsecure Correctional Facilities, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­51.­htm#51.­126 (accessed Mar. 23, 2024).

51.01
Purpose and Interpretation
51.02
Definitions
51.03
Delinquent Conduct
51.04
Jurisdiction
51.05
Court Sessions and Facilities
51.06
Venue
51.07
Transfer to Another County for Disposition
51.08
Transfer from Criminal Court
51.09
Waiver of Rights
51.10
Right to Assistance of Attorney
51.11
Guardian Ad Litem
51.12
Place and Conditions of Detention
51.13
Effect of Adjudication or Disposition
51.17
Procedure and Evidence
51.18
Election Between Juvenile Court and Alternate Juvenile Court
51.19
Limitation Periods
51.20
Physical or Mental Examination
51.21
Mental Health Screening and Referral
51.031
Habitual Felony Conduct
51.041
Jurisdiction After Appeal
51.042
Objection to Jurisdiction Because of Age of the Child
51.045
Juries in County Courts at Law
51.071
Transfer of Probation Supervision Between Counties: Courtesy Supervision Prohibited
51.072
Transfer of Probation Supervision Between Counties: Interim Supervision
51.073
Transfer of Probation Supervision Between Counties: Permanent Supervision
51.074
Transfer of Probation Supervision Between Counties: Deferred Prosecution
51.075
Collaborative Supervision Between Adjoining Counties
51.095
Admissibility of a Statement of a Child
51.101
Appointment of Attorney and Continuation of Representation
51.102
Appointment of Counsel Plan
51.115
Attendance at Hearing: Parent or Other Guardian
51.116
Right to Reemployment
51.125
Post-adjudication Correctional Facilities
51.126
Nonsecure Correctional Facilities
51.151
Polygraph Examination
51.0411
Jurisdiction for Transfer or Release Hearing
51.0412
Jurisdiction over Incomplete Proceedings
51.0413
Jurisdiction over and Transfer of Combination of Proceedings
51.0414
Discretionary Transfer to Combine Proceedings

Accessed:
Mar. 23, 2024

§ 51.126’s source at texas​.gov