Texas Family Code - Section 54.011. Detention Hearings For Status Offenders And Nonoffenders; Penalty
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§ 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND
NONOFFENDERS; PENALTY. (a) The detention hearing for a status
offender or nonoffender who has not been released administratively
under Section 53.02 shall be held before the 24th hour after the
time the child arrived at a detention facility, excluding hours of a
weekend or a holiday. Except as otherwise provided by this section,
the judge or referee conducting the detention hearing shall release
the status offender or nonoffender from secure detention.
(b) The judge or referee may order a child in detention
accused of the violation of a valid court order as defined by
Section 51.02 detained not longer than 72 hours after the time the
detention order was entered, excluding weekends and holidays, if:
(1) the judge or referee finds at the detention
hearing that there is probable cause to believe the child violated
the valid court order; and
(2) the detention of the child is justified under
Section 54.01(e)(1), (2), or (3).
(c) Except as provided by Subsection (d), a detention order
entered under Subsection (b) may be extended for one additional
72-hour period, excluding weekends and holidays, only on a finding
of good cause by the juvenile court.
(d) A detention order for a child under this section may be
extended on the demand of the child's attorney only to allow the
time that is necessary to comply with the requirements of Section
51.10(h), entitling the attorney to 10 days to prepare for an
adjudication hearing.
(e) A status offender may be detained for a necessary
period, not to exceed five days, to enable the child's return to the
child's home in another state under Chapter 60.
(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.
Added by Acts 1995, 74th Leg., ch. 262, § 32, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1374, § 7, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 283, § 15, 16, eff. Sept. 1,
2003.
Section: 53.04 53.045 53.05 53.06 53.07 53.08 54.01 54.011 54.012 54.02 54.021 54.03 54.031 54.032 54.033
Last modified: August 11, 2007
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