Amends TCA Title 37 and Title 39.

This bill revises provisions governing juvenile detention facilities and an annual report required from the commissioner of children's services, as follows:<br /> <br /> (1) Under present law, upon an escape by a juvenile who is alleged or adjudicated to be delinquent by virtue of an act which would be a felony if committed by an adult and who is confined to a secure detention or correctional facility designated, operated or approved by the court, the appropriate facility or departmental official must immediately report the escape to the chief law enforcement officer of the county in which the facility is located. This bill changes the party responsible for the notification from "the appropriate facility or departmental official" to "the on-site facility supervisor in charge". This bill also adds that an on-site facility that fails to comply with the reporting requirement may be charged with the offense of permitting or facilitating escape.<br /> <br /> (2) This bill adds that upon a security breach at a secure detention or correctional facility designated, operated, or approved by the court for confinement of juveniles, the on-site facility supervisor in charge must immediately report the security breach to the department of children's services and the chief law enforcement officer of the county in which the facility is located. As used in this bill, "security breach" means entry into a secure detention or correctional facility by an adult or child who is not authorized to do so. An on-site facility supervisor-in-charge who fails to comply with this reporting requirement may be charged with the offense of permitting or facilitating escape.<br /> <br /> (3) Present law requires the commissioner of children's services to publish an annual report on the operation of the department and the services and programs under its supervision by January 31 and furnish the report to the governor, members of the general assembly, other persons and relevant entities that may request the report. Present law sets out in detail the required contents of the report. This bill additionally requires that the report contain information about any escape, attempted escape, security breach or attempted security breach that has occurred in the previous calendar year at a secure detention or correctional facility designated, operated, or approved by a juvenile court for confinement of juveniles. The information must include the facts of the escape, security breach, or attempt, the time when the escape, breach, or attempt occurred, and the circumstances under which the escape, breach, or attempt occurred.<br /> <br /> ON APRIL 7, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 447, AS AMENDED.<br /> <br /> AMENDMENT #1 extends the application of the escape reports required under this bill (as described above in the bill summary in items (1) and (2)) to youth development centers and other hardware secure facilities that contract with the department. This amendment also specifies that to be charged with the offense of permitting or facilitating an escape that failure to comply with the reporting requirements must have been intentional. <br />