Texas 2009 - 81st Regular

Texas House Bill HB3654 Compare Versions

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1	1	H.B. No. 3654
2	2
3	3
4	4	AN ACT
5	5	relating to certain duties of and reports submitted to the
6	6	Commission on Jail Standards regarding county jail inmates who are
7	7	pregnant.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 511.009(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) The commission shall:
12	12	(1) adopt reasonable rules and procedures
13	13	establishing minimum standards for the construction, equipment,
14	14	maintenance, and operation of county jails;
15	15	(2) adopt reasonable rules and procedures
16	16	establishing minimum standards for the custody, care, and treatment
17	17	of prisoners;
18	18	(3) adopt reasonable rules establishing minimum
19	19	standards for the number of jail supervisory personnel and for
20	20	programs and services to meet the needs of prisoners;
21	21	(4) adopt reasonable rules and procedures
22	22	establishing minimum requirements for programs of rehabilitation,
23	23	education, and recreation in county jails;
24	24	(5) revise, amend, or change rules and procedures if
25	25	necessary;
26	26	(6) provide to local government officials
27	27	consultation on and technical assistance for county jails;
28	28	(7) review and comment on plans for the construction
29	29	and major modification or renovation of county jails;
30	30	(8) require that the sheriff and commissioners of each
31	31	county submit to the commission, on a form prescribed by the
32	32	commission, an annual report on the conditions in each county jail
33	33	within their jurisdiction, including all information necessary to
34	34	determine compliance with state law, commission orders, and the
35	35	rules adopted under this chapter;
36	36	(9) review the reports submitted under Subdivision (8)
37	37	and require commission employees to inspect county jails regularly
38	38	to ensure compliance with state law, commission orders, and rules
39	39	and procedures adopted under this chapter;
40	40	(10) adopt a classification system to assist sheriffs
41	41	and judges in determining which defendants are low-risk and
42	42	consequently suitable participants in a county jail work release
43	43	program under Article 42.034, Code of Criminal Procedure;
44	44	(11) adopt rules relating to requirements for
45	45	segregation of classes of inmates and to capacities for county
46	46	jails;
47	47	(12) require that the chief jailer of each municipal
48	48	lockup submit to the commission, on a form prescribed by the
49	49	commission, an annual report of persons under 17 years of age
50	50	securely detained in the lockup, including all information
51	51	necessary to determine compliance with state law concerning secure
52	52	confinement of children in municipal lockups;
53	53	(13) at least annually determine whether each county
54	54	jail is in compliance with the rules and procedures adopted under
55	55	this chapter;
56	56	(14) require that the sheriff and commissioners court
57	57	of each county submit to the commission, on a form prescribed by the
58	58	commission, an annual report of persons under 17 years of age
59	59	securely detained in the county jail, including all information
60	60	necessary to determine compliance with state law concerning secure
61	61	confinement of children in county jails; [and]
62	62	(15) schedule announced and unannounced inspections
63	63	of jails under its jurisdiction based on the jail's history of
64	64	compliance with commission standards and other high-risk factors
65	65	identified by the commission; and
66	66	(16) adopt reasonable rules and procedures
67	67	establishing minimum requirements for county jails to:
68	68	(A) determine if a prisoner is pregnant; and
69	69	(B) ensure that the jail's health services plan
70	70	addresses medical and mental health care, including nutritional
71	71	requirements, and any special housing or work assignment needs for
72	72	persons who are confined in the jail and are known or determined to
73	73	be pregnant.
74	74	SECTION 2. Section 511.0101(a), Government Code, is amended
75	75	to read as follows:
76	76	(a) Each county shall submit to the commission on or before
77	77	the fifth day of each month a report containing the following
78	78	information:
79	79	(1) the number of prisoners confined in the county
80	80	jail on the first day of the month, classified on the basis of the
81	81	following categories:
82	82	(A) total prisoners;
83	83	(B) pretrial Class C misdemeanor offenders;
84	84	(C) pretrial Class A and B misdemeanor offenders;
85	85	(D) convicted misdemeanor offenders;
86	86	(E) felony offenders whose penalty has been
87	87	reduced to a misdemeanor;
88	88	(F) pretrial felony offenders;
89	89	(G) convicted felony offenders;
90	90	(H) prisoners detained on bench warrants;
91	91	(I) prisoners detained for parole violations;
92	92	(J) prisoners detained for federal officers;
93	93	(K) prisoners awaiting transfer to the
94	94	institutional division of the Texas Department of Criminal Justice
95	95	following conviction of a felony or revocation of probation,
96	96	parole, or release on mandatory supervision and for whom paperwork
97	97	and processing required for transfer have been completed;
98	98	(L) prisoners detained after having been
99	99	transferred from another jail and for whom the commission has made a
100	100	payment under Subchapter F, Chapter 499, Government Code; [and]
101	101	(M) prisoners who are known to be pregnant; and
102	102	(N) other prisoners;
103	103	(2) the total capacity of the county jail on the first
104	104	day of the month; and
105	105	(3) certification by the reporting official that the
106	106	information in the report is accurate.
107	107	SECTION 3. The Commission on Jail Standards shall establish
108	108	the specific standards as required by Section 511.009(a),
109	109	Government Code, as amended by this Act, not later than January 1,
110	110	2010.
111	111	SECTION 4. A county shall submit the first report required
112	112	by Section 511.0101, Government Code, as amended by this Act, not
113	113	later than October 5, 2009.
114	114	SECTION 5. This Act takes effect September 1, 2009.
115	115	______________________________ ______________________________
116	116	President of the Senate Speaker of the House
117	117	I certify that H.B. No. 3654 was passed by the House on April
118	118	28, 2009, by the following vote: Yeas 148, Nays 1, 1 present, not
119	119	voting.
120	120	______________________________
121	121	Chief Clerk of the House
122	122	I certify that H.B. No. 3654 was passed by the Senate on May
123	123	25, 2009, by the following vote: Yeas 31, Nays 0.
124	124	______________________________
125	125	Secretary of the Senate
126	126	APPROVED: _____________________
127	127	Date
128	128	_____________________
129	129	Governor