81R10784 PEP-F
By: Marquez, Olivo, King of Taylor, H.B. No. 3654
Ortiz, Jr.
A BILL TO BE ENTITLED
AN ACT
relating to certain duties of and reports submitted to the
Commission on Jail Standards regarding county jail inmates who are
pregnant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 its jurisdiction based on the jail's history of
compliance with commission standards and other high-risk factors
identified by the commission; and
(16) establish specific minimum standards for the
provision of medical, mental health, and dietary services to and
the housing and work assignment needs of persons who are pregnant
and confined in a county jail.
SECTION 2. Section 511.0101(a), Government Code, is amended
to read as follows:
(a) Each county shall submit to the commission on or before
the fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county
jail on the first day of the month, classified on the basis of the
following categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been
reduced to a misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the
institutional division of the Texas Department of Criminal Justice
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision and for whom paperwork
and processing required for transfer have been completed;
(L) prisoners detained after having been
transferred from another jail and for whom the commission has made a
payment under Subchapter F, Chapter 499, Government Code; [and]
(M) prisoners who are known to be pregnant; and
(N) other prisoners;
(2) the total capacity of the county jail on the first
day of the month; and
(3) certification by the reporting official that the
information in the report is accurate.
SECTION 3. The Commission on Jail Standards shall establish
the specific standards as required by Section 511.009(a), as
amended by this Act, not later than January 1, 2010.
SECTION 4. A county shall submit the first report required
by Section 511.0101, Government Code, as amended by this Act, not
later than October 5, 2009.
SECTION 5. This Act takes effect September 1, 2009.