Texas 2011 - 82nd Regular

Texas House Bill HB3764 Compare Versions

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1	1	82R24754 MAW-D
2	2	By: Marquez, Allen H.B. No. 3764
3	3	Substitute the following for H.B. No. 3764:
4	4	By: Marquez C.S.H.B. No. 3764
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the reporting of certain information regarding inmates
10	10	and the use of administrative segregation by the Texas Department
11	11	of Criminal Justice.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 493, Government Code, is amended by
14	14	adding Sections 493.030 and 493.031 to read as follows:
15	15	Sec. 493.030. ANNUAL REPORT. (a) Not later than January 1
16	16	of each year, the department shall submit a written report
17	17	containing the information described by Subsection (b) to:
18	18	(1) the governor;
19	19	(2) the lieutenant governor;
20	20	(3) the speaker of the house of representatives; and
21	21	(4) each standing committee of the senate and house of
22	22	representatives having primary jurisdiction over the department.
23	23	(b) The report must include the following information for
24	24	the preceding fiscal year:
25	25	(1) the number of inmates in the general prison
26	26	population who were referred to mental health professionals and the
27	27	reasons for the referrals;
28	28	(2) the number of inmates confined in administrative
29	29	segregation who were referred to mental health professionals and
30	30	the reasons for the referrals;
31	31	(3) a summary of the types of offenses for which each
32	32	inmate was imprisoned;
33	33	(4) the number of documented suicide attempts by
34	34	inmates in the general prison population;
35	35	(5) the number of documented suicide attempts by
36	36	inmates confined in administrative segregation;
37	37	(6) the number of inmates who were confined in
38	38	administrative segregation immediately before the inmates'
39	39	discharge from the department;
40	40	(7) the number of inmates who were confined in
41	41	administrative segregation immediately before the inmates' release
42	42	on parole or to mandatory supervision;
43	43	(8) the rate of recidivism among:
44	44	(A) inmates who were never confined in
45	45	administrative segregation before the inmates' release or
46	46	discharge from the department;
47	47	(B) inmates who were confined in administrative
48	48	segregation immediately before the inmates' release or discharge
49	49	from the department; and
50	50	(C) inmates who were confined in administrative
51	51	segregation at any time prior to the inmates' release or discharge
52	52	from the department and who are not described by Paragraph (B);
53	53	(9) for inmates confined in administrative
54	54	segregation at any time during the fiscal year:
55	55	(A) the average length of time an inmate was
56	56	continuously confined in administrative segregation;
57	57	(B) the longest and shortest length of time an
58	58	inmate was continuously confined in administrative segregation;
59	59	(C) a summary of the offenses for which inmates
60	60	confined in administrative segregation were imprisoned; and
61	61	(D) a summary of the reasons for which inmates
62	62	were placed in administrative segregation;
63	63	(10) the number of inmates discharged or released
64	64	directly from the general prison population who have obtained
65	65	regular employment on or before the 180th day after the inmates'
66	66	release or discharge, to the extent that information is available;
67	67	(11) the number of inmates discharged or released
68	68	directly from confinement in administrative segregation who have
69	69	obtained regular employment on or before the 180th day after the
70	70	inmates' release or discharge, to the extent that information is
71	71	available;
72	72	(12) the number of reviews conducted by the department
73	73	concerning an inmate's placement in administrative segregation and
74	74	the number of those reviews that resulted in the inmate being
75	75	transferred to the general prison population;
76	76	(13) the number of inmates who were transferred from
77	77	administrative segregation to the general prison population as a
78	78	result of successfully completing a program designed to facilitate
79	79	the return of an inmate to the general prison population; and
80	80	(14) information regarding the operations and
81	81	activity of gangs, identified security threat groups, or other
82	82	disruptive groups within each facility operated by or under
83	83	contract with the department.
84	84	Sec. 493.031. INFORMATION CONCERNING COST OF CONFINEMENT IN
85	85	ADMINISTRATIVE SEGREGATION. The Legislative Budget Board shall
86	86	include in its Criminal Justice Uniform Cost Report the cost per day
87	87	calculation of confining an inmate in administrative segregation.
88	88	SECTION 2. Subchapter A, Chapter 501, Government Code, is
89	89	amended by adding Section 501.023 to read as follows:
90	90	Sec. 501.023. USE OF ADMINISTRATIVE SEGREGATION. (a) The
91	91	department shall conduct a review of the department's policies
92	92	regarding the use of administrative segregation. The review must
93	93	examine methods to reduce the number of inmates housed in
94	94	administrative segregation, including alternatives to
95	95	administrative segregation. Based on the review, the department
96	96	shall develop a plan to reduce the department's use of
97	97	administrative segregation.
98	98	(b) The plan must provide an inmate confined in
99	99	administrative segregation with the following, based on the
100	100	inmate's assessed risks and needs and the personal safety of the
101	101	inmate or another person:
102	102	(1) the opportunity to participate in programs and
103	103	services in the inmate's cell that are similar to the educational
104	104	courses, work-related training, or other technical or vocational
105	105	programs that are available to the general inmate population;
106	106	(2) increases in the amount of time the inmate is
107	107	allowed out of the inmate's cell based on the length of the inmate's
108	108	period of confinement in administrative segregation;
109	109	(3) the opportunity to exercise with inmates in the
110	110	general prison population;
111	111	(4) daily contact with prison staff; and
112	112	(5) access to audio and visual media that provide the
113	113	inmate with appropriate mental stimulation.
114	114	(c) In addition to the requirements of Subsection (b), for
115	115	an inmate confined in administrative segregation for reasons other
116	116	than the inmate's misconduct or disciplinary record or membership
117	117	in a gang or identified security threat group, the plan must allow
118	118	the inmate:
119	119	(1) adequate and regular access to mental health
120	120	services; and
121	121	(2) if the inmate will be confined in administrative
122	122	segregation immediately before the inmate's release or discharge
123	123	from the department, access to services and programs that assist
124	124	inmates in developing:
125	125	(A) the ability to obtain and maintain long-term
126	126	employment and stable housing; and
127	127	(B) social skills and life skills, including
128	128	building and maintaining parenting skills, anger management
129	129	techniques, positive family interactions, and law-abiding
130	130	behavior.
131	131	(d) The department shall develop and include in the plan a
132	132	program that provides an opportunity for an inmate who is confined
133	133	in administrative segregation based on the inmate's membership in a
134	134	gang or security threat group to return to the general prison
135	135	population. The program may not exceed eight months in length and
136	136	must be available to an inmate who:
137	137	(1) has renounced the inmate's membership in the gang
138	138	or security threat group; and
139	139	(2) during the one-year period preceding the inmate's
140	140	application to the program has not:
141	141	(A) committed assault against another inmate or a
142	142	member of the prison staff;
143	143	(B) been the subject of major disciplinary
144	144	action; or
145	145	(C) participated in any gang-related or security
146	146	threat group-related activity.
147	147	(e) The plan may not result in increased danger to inmates
148	148	imprisoned in, or employees employed at, any facility operated by
149	149	or under contract with the department.
150	150	SECTION 3. (a) The Texas Department of Criminal Justice
151	151	shall submit the first report required under Section 493.030,
152	152	Government Code, as added by this Act, not later than January 1,
153	153	2012.
154	154	(b) Not later than June 1, 2012, the Texas Department of
155	155	Criminal Justice shall submit for review and comment the plan
156	156	developed under Section 501.023, Government Code, as added by this
157	157	Act, to:
158	158	(1) the governor;
159	159	(2) the lieutenant governor;
160	160	(3) the speaker of the house of representatives;
161	161	(4) each standing committee of the senate and house of
162	162	representatives having primary jurisdiction over the department;
163	163	and
164	164	(5) the Legislative Budget Board.
165	165	SECTION 4. This Act takes effect immediately if it receives
166	166	a vote of two-thirds of all the members elected to each house, as
167	167	provided by Section 39, Article III, Texas Constitution. If this
168	168	Act does not receive the vote necessary for immediate effect, this
169	169	Act takes effect September 1, 2011.