By: Carona S.B. No. 1003
(In the Senate - Filed March 1, 2013; March 12, 2013, read
first time and referred to Committee on Criminal Justice;
April 22, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 1; April 22, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1003 By: Carona
A BILL TO BE ENTITLED
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. 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 county, a municipality,
or a private vendor 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 2. REVIEW OF ADMINISTRATIVE SEGREGATION POLICIES.
The governor 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 3. 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 4. 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; and
(2) the report submitted by the independent third
party under Section 3 of this Act.
SECTION 5. EXPIRATION. This Act expires February 1, 2015.
SECTION 6. EFFECTIVE DATE. This Act takes effect September
1, 2013.
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