S.B. No. 1003
AN ACT
relating to a review of and report regarding the use of adult and
juvenile administrative segregation in facilities in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 203, Human Resources Code, is amended by
adding Section 203.016 to read as follows:
Sec. 203.016. DATA REGARDING PLACEMENT IN DISCIPLINARY
SECLUSION. (a) In this section:
(1) "Disciplinary seclusion" means the separation of a
resident from other residents for disciplinary reasons and the
placement of the resident alone in an area from which egress is
prevented for more than 90 minutes.
(2) "Juvenile facility" means a facility that serves
juveniles under juvenile court jurisdiction and that is operated as
a pre-adjudication secure detention facility, a short-term
detention facility, or a post-adjudication secure correctional
facility.
(b) The department shall collect the following data during
the annual registration of juvenile facilities and make the data
publicly available:
(1) the number of placements in disciplinary seclusion
lasting at least 90 minutes but less than 24 hours;
(2) the number of placements in disciplinary seclusion
lasting 24 hours or more but less than 48 hours; and
(3) the number of placements in disciplinary seclusion
lasting 48 hours or more.
SECTION 2. DEFINITION. In this Act, "facility" means:
(1) a facility operated by or under contract with the
Texas Department of Criminal Justice;
(2) a facility operated by a municipality, or a
private vendor on behalf of a municipality, for the confinement of a
person arrested for, charged with, or convicted of a criminal
offense; or
(3) a public or private juvenile secure detention
facility.
SECTION 3. REVIEW OF ADMINISTRATIVE SEGREGATION POLICIES.
Subject to the availability of funds from gifts, grants, and
donations accepted under Section 4 of this Act, the Criminal
Justice Legislative Oversight Committee shall appoint an
independent third party to conduct a review of facilities in this
state regarding the facilities' use of adult and juvenile
administrative segregation and related statistics, including:
(1) classification to administrative segregation and
release from administrative segregation;
(2) security threat group classification;
(3) notification of release and release procedures;
(4) access of adults and juveniles confined in
administrative segregation to:
(A) mental health services;
(B) health care services;
(C) substance abuse programs and services;
(D) reentry resources and transitional programs
and services; and
(E) other programs and services that are
available to the general adult and juvenile population;
(5) access of adults confined in administrative
segregation to programs and services for adults who are veterans;
(6) the number of adults and juveniles confined in
administrative segregation who were referred to mental health
professionals;
(7) the average length of time adults and juveniles
were continuously confined in administrative segregation; and
(8) the rate of recidivism among adults and juveniles
who were confined in administrative segregation at any time.
SECTION 4. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.
(a) For the purpose of funding the third-party review under
Section 3 of this Act, the Criminal Justice Legislative Oversight
Committee may:
(1) apply for and accept:
(A) gifts, grants, and donations from any
organization described in Section 501(c)(3) or (4) of the Internal
Revenue Code of 1986; and
(B) federal grants; and
(2) accept donations from an individual or a private
entity.
(b) All gifts, grants, and donations must be reported in the
public records of the Criminal Justice Legislative Oversight
Committee with the name of the donor and purpose of the gift, grant,
or donation accepted.
SECTION 5. REPORT. Not later than December 31, 2014, the
independent third party shall provide a report of the third party's
findings and recommendations to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
standing legislative committees with primary jurisdiction over
criminal justice matters. At a minimum, the report must contain
detailed recommendations to:
(1) reduce the administrative segregation population
in facilities in this state;
(2) divert adults and juveniles with mental illness
from administrative segregation; and
(3) decrease the length of time adults and juveniles
are confined in administrative segregation in facilities in this
state.
SECTION 6. PUBLIC INFORMATION. Chapter 552, Government
Code, applies to:
(1) the review conducted by the independent third
party under this Act and all information gathered and analyzed for
that review, including background research and any report or
summary;
(2) the report submitted by the independent third
party under Section 5 of this Act; and
(3) all information collected, created, or stored
under this Act by the Criminal Justice Legislative Oversight
Committee.
SECTION 7. EXPIRATION. This Act expires February 1, 2015.
SECTION 8. EFFECTIVE DATE. This Act takes effect September
1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1003 passed the Senate on
April 29, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 24, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1003 passed the House, with
amendments, on May 22, 2013, by the following vote: Yeas 133,
Nays 13, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor