83R8756 MAW-D
By: Davis S.B. No. 1357
A BILL TO BE ENTITLED
AN ACT
relating to the use of administrative segregation or seclusion in
county jails.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended by
adding Sections 511.0098 and 511.0151 to read as follows:
Sec. 511.0098. STANDARDS REGARDING USE OF ADMINISTRATIVE
SEGREGATION OR SECLUSION. (a) The commission shall establish
standards regarding the use of administrative segregation or
seclusion in a county jail. The standards must require that:
(1) before confining a prisoner in administrative
segregation or seclusion:
(A) the jail evaluate the suitability of using
less restrictive means of confinement, including the appropriate
type of placement for a prisoner who is younger than 18 years of age
or who has mental health issues;
(B) a mental health professional evaluate the
prisoner; and
(C) the sheriff, or the sheriff's designee, and
the employee in charge of medical care at the jail review and
approve the confinement; and
(2) each jail develop, for each prisoner confined in
administrative segregation or seclusion for a period that exceeds
24 hours, a behavioral improvement plan that clearly states the
actions the prisoner must take to be placed in a less restrictive
method of confinement.
(b) If appropriate, a mental health professional may be
consulted in preparing a behavioral improvement plan for a prisoner
under Subsection (a)(2).
(c) The standards must also require that:
(1) a jail not confine a prisoner younger than 18 years
of age in administrative segregation or seclusion for a period
exceeding four hours unless the confinement is due to an assault or
escape, or an attempted assault or escape, by the prisoner; and
(2) a prisoner younger than 18 years of age who is
confined in administrative segregation or seclusion continuously
for 30 minutes or longer complete a therapeutic self-analysis
assignment regarding the prisoner's behavior.
Sec. 511.0151. REPORT REGARDING ADMINISTRATIVE SEGREGATION
AND SECLUSION. (a) The commission shall collect data from each
county jail regarding the use of administrative segregation and
seclusion in the jails. Not later than February 1 of each year, the
commission shall submit a written report containing the information
described by Subsection (b) to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) each standing committee of the senate and house of
representatives having primary jurisdiction over the commission.
(b) The report must include the following information for
the preceding fiscal year:
(1) the number of prisoners confined in administrative
segregation or seclusion at any time during the fiscal year; and
(2) for prisoners confined in administrative
segregation or seclusion at any time during the fiscal year:
(A) for each prisoner:
(i) the cumulative total length of time the
prisoner was confined in administrative segregation or seclusion;
and
(ii) the reasons for which the prisoner was
confined in administrative segregation or seclusion;
(B) a summary of the demographics of the
prisoners, including the age, race, and sex of the prisoners;
(C) a summary of any mental illnesses the
prisoners were diagnosed as having and any psychotropic drugs
prescribed for those illnesses; and
(D) the number of suicides, attempted suicides,
or other incidents of self-inflicted harm by a prisoner.
(c) The commission shall make the report submitted under
this section available to the public on the commission's Internet
website.
SECTION 2. (a) Not later than October 1, 2013, the
Commission on Jail Standards shall establish standards regarding
the use of administrative segregation or seclusion required by
Section 511.0098, Government Code, as added by this Act.
(b) Not later than February 1, 2015, the Commission on Jail
Standards shall submit the first report required by Section
511.0151, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2013.