82R8013 MAW-D
By: Marquez H.B. No. 3764
A BILL TO BE ENTITLED
AN ACT
relating to the policies of the Texas Department of Criminal
Justice regarding the use of, and treatment of inmates confined in,
administrative segregation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 501, Government Code, is
amended by adding Section 501.0221 to read as follows:
Sec. 501.0221. REVIEW OF ADMINISTRATIVE SEGREGATION
POLICIES; REPORT. (a) The department shall conduct a review of the
department's policies regarding the use of administrative
segregation. The review must:
(1) examine methods to reduce the number of inmates
confined in administrative segregation, including methods of
safekeeping other than administrative segregation;
(2) consider adoption of any standards contained in
the American Bar Association's Criminal Justice Standards on the
Treatment of Prisoners that are applicable to the use of
administrative segregation;
(3) address providing an inmate confined in
administrative segregation with an opportunity to return to the
general prison population more quickly than the inmate otherwise
might, if the inmate consistently exhibits good conduct and
complies with department rules; and
(4) study the impact of extended confinement in
administrative segregation on an inmate's physical and mental
well-being and consider adoption of a policy that establishes the
maximum amount of time that an inmate may be confined in
administrative segregation, absent a determination by the
department that placing the inmate in the general population would
threaten the safety of the inmate or another person.
(b) Not later than December 31, 2012, the department shall
report the results of the review to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
standing legislative committees with primary jurisdiction over the
department.
(c) If the department concludes that it is impossible or
undesirable to reduce the number of inmates confined in
administrative segregation, the department shall state the reasons
for this conclusion in the report required under Subsection (b).
(d) This section expires February 1, 2013.
SECTION 2. Subchapter A, Chapter 501, Government Code, is
amended by adding Sections 501.023 and 501.024 to read as follows:
Sec. 501.023. USE OF ADMINISTRATIVE SEGREGATION. (a) The
department shall adopt a policy that prohibits confining an inmate
in administrative segregation based solely on:
(1) the inmate's membership in a gang or identified
security threat group;
(2) the inmate's misconduct or disciplinary record
while in the custody of the department, unless the misconduct or
record is substantiated by a sworn statement of the inmate or
another person; or
(3) the personal safety needs of the inmate or another
person, unless the department determines that methods other than
confinement in administrative segregation are insufficient to
ensure the safety of the inmate or another person.
(b) The policy must require the department to conduct
frequent reviews of the suitability of transfer to the general
population of inmates placed in administrative segregation.
Sec. 501.024. SERVICES TO INMATE IN ADMINISTRATIVE
SEGREGATION. The department shall adopt a policy that allows an
inmate confined in administrative segregation:
(1) to participate in educational courses,
work-related training, or other technical or vocational programs
that are available to the general inmate population, including
programs and services designed to reduce membership in gangs or
security threat groups;
(2) to have contact visits with the inmate's family;
(3) adequate and regular access to mental health
services; and
(4) for an inmate who is confined in administrative
segregation immediately before the inmate's release or discharge
from the department, access to services and programs that assist
inmates in developing:
(A) the ability to obtain and maintain long-term
employment and stable housing; and
(B) social skills and life skills, including
building and maintaining parenting skills, anger management
techniques, positive family interactions, and law-abiding
behavior.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.