81R4890 HLT-D
By: Harper-Brown H.B. No. 3392
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Commission on
Jail Standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 511.003, Government Code, is amended to
read as follows:
Sec. 511.003. SUNSET PROVISION. The Commission on Jail
Standards is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and this chapter expires September 1, 2021 [2009].
SECTION 2. Sections 511.004(g), (h), (i), and (j),
Government Code, are amended to read as follows:
(g) A person is not eligible for appointment as a public
member of the commission if the person or the person's spouse:
(1) is registered, certified, or licensed by a [an
occupational] regulatory agency in the field of law enforcement;
(2) is employed by or participates in the management
of a business entity, county jail, or other organization regulated
by the commission or receiving funds from the commission;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds from
the commission; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
(h) A person who is appointed to and qualifies for [To be
eligible to take] office as a member of the commission may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the commission until the [, a] person completes [appointed to the
commission must complete at least one course of] a training program
that complies with Subsection (i).
(i) The training program required by Subsection (h) must
provide information to the person regarding:
(1) this chapter [the enabling legislation that
created the commission];
(2) the programs, functions, rules, and budget of
[operated by] the commission;
(3) the results of the most recent formal audit [role
and functions] of the commission;
(4) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest [rules of the commission with an emphasis on
the rules that relate to disciplinary and investigatory authority];
and
(5) [the current budget for the commission;
[(6) the results of the most recent formal audit of the
commission;
[(7) the requirements of the:
[(A) open meetings law, Chapter 551;
[(B) open records law, Chapter 552; and
[(C) administrative procedure law, Chapter 2001;
[(8) the requirements of the conflict of interests
laws and other laws relating to public officials; and
[(9)] any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(j) A person appointed to the commission is entitled to
reimbursement, [for travel expenses incurred in attending the
training program required by Subsection (h)] as provided by the
General Appropriations Act, for the travel expenses incurred in
attending the training program required by Subsection (h)
regardless of whether attendance at the program occurs before or
after [and as if] the person qualifies for office [were a member of
the commission].
SECTION 3. Section 511.0041(a), Government Code, is amended
to read as follows:
(a) It is a ground for removal from the commission if a
member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 511.004;
(2) does not maintain during service on the commission
the qualifications required by Section 511.004;
(3) is ineligible for membership under [violates a
prohibition established by] Section 511.004(g) or 511.0042;
(4) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year without an excuse approved [unless the
absence is excused] by a majority vote of the commission.
SECTION 4. Section 511.0042, Government Code, is amended to
read as follows:
Sec. 511.0042. CONFLICT OF INTEREST. (a) A person may not
be a member of the commission and may not be a commission employee
employed in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor
Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1) the person is an [An] officer, employee, or paid
consultant of a Texas trade association in the field of county
corrections; or
(2) the person's [may not be a member of the commission
or an employee of the commission who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group 17, of the position classification salary schedule.
[(b) A person who is the] spouse is [of] an officer,
manager, or paid consultant of a Texas trade association in the
field of county corrections [may not be a commission member and may
not be a commission employee who is exempt from the state's position
classification plan or is compensated at or above the amount
prescribed by the General Appropriations Act for step 1, salary
group 17, of the position classification salary schedule].
(b) In [(c) For the purposes of] this section, "Texas
trade association" means [a Texas trade association is] a
[nonprofit,] cooperative [,] and voluntarily joined statewide
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
(c) [(d)] A person may not be [serve as] a member of the
commission or act as the general counsel to the commission if the
person is required to register as a lobbyist under Chapter 305
because of the person's activities for compensation on behalf of a
profession related to the operation of the commission.
SECTION 5. Chapter 511, Government Code, is amended by
adding Section 511.0061 to read as follows:
Sec. 511.0061. USE OF TECHNOLOGY. The commission shall
implement a policy requiring the commission to use appropriate
technological solutions to improve the commission's ability to
perform its functions. The policy must ensure that the public is
able to interact with the commission on the Internet.
SECTION 6. Section 511.0071, Government Code, is amended by
amending Subsections (a), (d), (e), and (f) and adding Subsection
(a-1) to read as follows:
(a) The commission shall prepare information of public
interest describing the functions of the commission and the
commission's procedures by which complaints regarding the
commission and complaints regarding jails under the commission's
jurisdiction are filed with and resolved by the commission. The
commission shall make the information available:
(1) to the public, inmates, county officials, and
appropriate state agencies; and
(2) on any publicly accessible Internet website
maintained by the commission.
(a-1) The commission shall adopt rules and procedures
regarding the receipt, investigation, resolution, and disclosure
to the public of complaints regarding the commission and complaints
regarding jails under the commission's jurisdiction that are filed
with the commission. The commission shall:
(1) prescribe a form or forms on which written
complaints regarding the commission and complaints regarding jails
under the commission's jurisdiction may be filed with the
commission;
(2) keep an information file in accordance with
Subsection (f) regarding each complaint filed with the commission
regarding the commission or a jail under the commission's
jurisdiction;
(3) develop procedures for prioritizing complaints
filed with the commission and a reasonable time frame for
responding to those complaints;
(4) maintain a system for promptly and efficiently
acting on complaints filed with the commission;
(5) develop a procedure for tracking and analyzing all
complaints filed with the commission, according to criteria that
must include:
(A) the reason for or origin of complaints;
(B) the average number of days that elapse
between the date on which complaints are filed, the date on which
the commission first investigates or otherwise responds to
complaints, and the date on which complaints are resolved;
(C) the outcome of investigations or the
resolution of complaints, including dismissals and commission
actions resulting from complaints;
(D) the number of pending complaints at the close
of each fiscal year; and
(E) a list of complaint topics that the
commission does not have jurisdiction to investigate or resolve;
and
(6) regularly prepare and distribute to members of the
commission a report containing a summary of the information
compiled under Subdivision (5).
(d) [The commission shall keep an information file about
each complaint filed with the commission that the commission has
authority to resolve. The commission is not required to keep an
information file about a complaint to the commission from or
related to a prisoner of a county or municipal jail.] The
commission shall adopt rules and procedures regarding the referral
of [refer] a complaint filed with the commission from or related to
a prisoner to the appropriate local agency for investigation and
resolution. The commission [and] may perform a special inspection
of a facility named in the complaint to determine compliance with
commission requirements.
(e) If a written complaint is filed with the commission that
the commission has authority to resolve, the commission at least
quarterly and until final disposition of the complaint shall notify
the parties to the complaint of the status of the complaint, unless
the notice would jeopardize an undercover investigation. This
subsection does not apply to a complaint referred to a local agency
under Subsection (d).
(f) The commission shall collect and maintain information
about each complaint received by the commission regarding the
commission or a jail under the commission's jurisdiction,
including:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for a complaint for which the agency took no
action, an explanation of the reason the complaint was closed
without action.
SECTION 7. Section 511.008(e), Government Code, is amended
to read as follows:
(e) The commission shall develop and implement policies
that clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the executive
director [define the respective responsibilities of the
commission] and the staff of the commission.
SECTION 8. Chapter 511, Government Code, is amended by
adding Section 511.0085 to read as follows:
Sec. 511.0085. RISK FACTORS; RISK ASSESSMENT PLAN. (a) The
commission shall develop a comprehensive set of risk factors to use
in assessing the overall risk level of each jail under the
commission's jurisdiction. The set of risk factors must include:
(1) a history of the jail's compliance with state law
and commission rules, standards, and procedures;
(2) the population of the jail;
(3) the number and nature of complaints regarding the
jail, including complaints regarding a violation of any required
ratio of correctional officers to inmates;
(4) problems with the jail's internal grievance
procedures;
(5) available mental and medical health reports
relating to inmates in the jail, including reports relating to
infectious disease or pregnant inmates;
(6) recent turnover among sheriffs and jail staff;
(7) inmate escapes from the jail; and
(8) the number and nature of inmate deaths at the jail,
including the results of the investigations of those deaths.
(b) The commission shall use the set of risk factors
developed under Subsection (a) to guide the inspections process for
all jails under the commission's jurisdiction by:
(1) establishing a risk assessment plan to use in
assessing the overall risk level of each jail; and
(2) regularly monitoring the overall risk level of
each jail.
SECTION 9. Section 511.009(a), Government Code, is amended
to read as follows:
(a) The commission shall:
(1) adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
(3) adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if
necessary;
(6) provide to local government officials
consultation on and technical assistance for county jails;
(7) review and comment on plans for the construction
and major modification or renovation of county jails;
(8) require that the sheriff and commissioners of each
county submit to the commission, on a form prescribed by the
commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8)
and require commission employees to inspect county jails regularly
to ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs
and judges in determining which defendants are low-risk and
consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
(12) require that the chief jailer of each municipal
lockup submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the lockup, including all information
necessary to determine compliance with state law concerning secure
confinement of children in municipal lockups;
(13) at least annually determine whether each county
jail is in compliance with the rules and procedures adopted under
this chapter;
(14) require that the sheriff and commissioners court
of each county submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the county jail, including all information
necessary to determine compliance with state law concerning secure
confinement of children in county jails; [and]
(15) schedule announced and unannounced inspections
of jails under the commission's [its] jurisdiction using the risk
assessment plan established under Section 511.0085 to guide the
inspections process; and
(16) adopt a policy for gathering and distributing to
jails under the commission's jurisdiction information regarding:
(A) common issues concerning jail
administration;
(B) examples of successful strategies for
maintaining compliance with state law and the rules, standards, and
procedures of the commission; and
(C) solutions to operational challenges for
jails [based on the jail's history of compliance with commission
standards and other high-risk factors identified by the
commission].
SECTION 10. Chapter 511, Government Code, is amended by
adding Section 511.0115 to read as follows:
Sec. 511.0115. PUBLIC INFORMATION ABOUT COMPLIANCE STATUS
OF JAILS. The commission shall provide information to the public
concerning whether jails under the commission's jurisdiction are in
compliance with state law and the rules, standards, and procedures
of the commission:
(1) on any publicly accessible Internet website
maintained by the commission; and
(2) through other formats, including newsletters or
press releases, as determined by the commission.
SECTION 11. Chapter 511, Government Code, is amended by
adding Section 511.018 to read as follows:
Sec. 511.018. ALTERNATIVE DISPUTE RESOLUTION. (a) The
commission shall develop and implement a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the commission.
SECTION 12. Section 511.0071(c), Government Code, is
repealed.
SECTION 13. The change in law made by Section 511.004(h),
Government Code, as amended by this Act, regarding training for
members of the Commission on Jail Standards does not affect the
entitlement of a member serving on the commission immediately
before September 1, 2009, to continue to serve and function as a
member of the commission for the remainder of the member's term,
unless otherwise removed as provided by law. The change in law
described by Section 511.004(h), Government Code, applies only to a
member appointed or reappointed on or after September 1, 2009.
SECTION 14. The changes in law made by this Act in the
prohibitions or qualifications applying to a member of the
Commission on Jail Standards do not affect the entitlement of a
member serving on the commission immediately before September 1,
2009, to continue to serve and function as a member of the
commission for the remainder of the member's term, unless otherwise
removed as provided by law. Those changes in law apply only to a
member appointed on or after September 1, 2009.
SECTION 15. This Act takes effect September 1, 2009.