(a) In this section, “post-adjudication secure correctional facility” means a facility operated by or under contract with a juvenile board or local juvenile probation department under Section 152.0016, Human Resources Code. (b) This section applies only to a county in which the juvenile board or local juvenile probation department operates or contracts for the operation of a post-adjudication secure correctional facility. (c) After a disposition hearing held in accordance with Section 54.04, the juvenile court of a county to which this section applies may commit a child who is found to have engaged in delinquent conduct that constitutes a felony to a post-adjudication secure correctional facility:
(1) without a determinate sentence, if:
(A) the child is found to have engaged in conduct that violates a penal law of the grade of felony and the petition was not approved by the grand jury under Section 53.045; (B) the child is found to have engaged in conduct that violates a penal law of the grade of felony and the petition was approved by the grand jury under Section 53.045 but the court or jury does not make the finding described by Section 54.04(m)(2); or (C) the disposition is modified under Section 54.05(f); or (2) with a determinate sentence, if:
(A) the child is found to have engaged in conduct that included a violation of a penal law listed in Section 53.045 or that is considered habitual felony conduct as described by Section 51.031, the petition was approved by the grand jury under Section 53.045, and, if applicable, the court or jury makes the finding described by Section 54.04(m)(2); or (B) the disposition is modified under Section 54.05(f). (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). (e) The provisions of 37 T.A.C. Section 343.610 do not apply to this section. (f) This section expires on December 31, 2018.
