Texas 2015 - 84th Regular

Texas House Bill HB1084 Compare Versions

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1	1	84R2566 MEW-D
2	2	By: Márquez, Guillen, White of Tyler H.B. No. 1084
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of certain information regarding inmates
8	8	and the use of administrative segregation by the Texas Department
9	9	of Criminal Justice.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 493, Government Code, is amended by
12	12	adding Sections 493.032 and 493.033 to read as follows:
13	13	Sec. 493.032. ANNUAL REPORT. (a) Not later than January 1
14	14	of each year, the department shall submit a written report
15	15	containing the information described by Subsection (b) to:
16	16	(1) the governor;
17	17	(2) the lieutenant governor;
18	18	(3) the speaker of the house of representatives; and
19	19	(4) each standing committee of the senate and house of
20	20	representatives having primary jurisdiction over the department.
21	21	(b) The report must include the following information for
22	22	the preceding fiscal year:
23	23	(1) the number of inmates in the general prison
24	24	population who were referred to mental health professionals and the
25	25	reasons for the referrals;
26	26	(2) the number of inmates confined in administrative
27	27	segregation who were referred to mental health professionals and
28	28	the reasons for the referrals;
29	29	(3) a summary of the types of offenses for which each
30	30	inmate was imprisoned;
31	31	(4) the number of documented suicide attempts by
32	32	inmates in the general prison population;
33	33	(5) the number of documented suicide attempts by
34	34	inmates confined in administrative segregation;
35	35	(6) the number of inmates who were confined in
36	36	administrative segregation immediately before the inmates'
37	37	discharge from the department;
38	38	(7) the number of inmates who were confined in
39	39	administrative segregation immediately before the inmates' release
40	40	on parole or to mandatory supervision;
41	41	(8) the rate of recidivism among:
42	42	(A) inmates who were never confined in
43	43	administrative segregation before the inmates' release or
44	44	discharge from the department;
45	45	(B) inmates who were confined in administrative
46	46	segregation immediately before the inmates' release or discharge
47	47	from the department; and
48	48	(C) inmates who were confined in administrative
49	49	segregation at any time prior to the inmates' release or discharge
50	50	from the department and who are not described by Paragraph (B);
51	51	(9) for inmates confined in administrative
52	52	segregation at any time during the fiscal year:
53	53	(A) the average length of time an inmate was
54	54	continuously confined in administrative segregation;
55	55	(B) the longest and shortest length of time an
56	56	inmate was continuously confined in administrative segregation;
57	57	(C) a summary of the offenses for which inmates
58	58	confined in administrative segregation were imprisoned; and
59	59	(D) a summary of the reasons for which inmates
60	60	were placed in administrative segregation;
61	61	(10) the number of inmates discharged or released
62	62	directly from the general prison population who have obtained
63	63	regular employment on or before the 180th day after the inmates'
64	64	release or discharge, to the extent that information is available;
65	65	(11) the number of inmates discharged or released
66	66	directly from confinement in administrative segregation who have
67	67	obtained regular employment on or before the 180th day after the
68	68	inmates' release or discharge, to the extent that information is
69	69	available;
70	70	(12) the number of reviews conducted by the department
71	71	concerning an inmate's placement in administrative segregation and
72	72	the number of those reviews that resulted in the inmate's transfer
73	73	to the general prison population;
74	74	(13) the number of inmates who were transferred from
75	75	administrative segregation to the general prison population as a
76	76	result of successfully completing a program designed to facilitate
77	77	the return of an inmate to the general prison population; and
78	78	(14) information regarding the operations and
79	79	activity of gangs, identified security threat groups, or other
80	80	disruptive groups within each facility operated by or under
81	81	contract with the department.
82	82	Sec. 493.033. INFORMATION CONCERNING COST OF CONFINEMENT IN
83	83	ADMINISTRATIVE SEGREGATION. The Legislative Budget Board shall
84	84	include in its Criminal Justice Uniform Cost Report the cost per day
85	85	calculation of confining an inmate in administrative segregation.
86	86	SECTION 2. Subchapter A, Chapter 501, Government Code, is
87	87	amended by adding Section 501.025 to read as follows:
88	88	Sec. 501.025. USE OF ADMINISTRATIVE SEGREGATION. (a) The
89	89	department shall conduct a review of the department's policies
90	90	regarding the use of administrative segregation. The review must
91	91	examine methods to reduce the number of inmates housed in
92	92	administrative segregation, including alternatives to
93	93	administrative segregation. Based on the review, the department
94	94	shall develop a plan to reduce the department's use of
95	95	administrative segregation.
96	96	(b) The plan must provide an inmate confined in
97	97	administrative segregation with the following, based on the
98	98	inmate's assessed risks and needs and the personal safety of the
99	99	inmate or another person:
100	100	(1) the opportunity to participate in programs and
101	101	services in the inmate's cell that are similar to the educational
102	102	courses, work-related training, or other technical or vocational
103	103	programs that are available to the general inmate population;
104	104	(2) increases in the amount of time the inmate is
105	105	allowed out of the inmate's cell based on the length of the inmate's
106	106	period of confinement in administrative segregation;
107	107	(3) the opportunity to exercise with inmates in the
108	108	general prison population;
109	109	(4) daily contact with prison staff; and
110	110	(5) access to audio and visual media that provide the
111	111	inmate with appropriate mental stimulation.
112	112	(c) In addition to the requirements of Subsection (b), for
113	113	an inmate confined in administrative segregation for reasons other
114	114	than the inmate's misconduct or disciplinary record or membership
115	115	in a gang or identified security threat group, the plan must allow
116	116	the inmate:
117	117	(1) adequate and regular access to mental health
118	118	services; and
119	119	(2) if the inmate will be confined in administrative
120	120	segregation immediately before the inmate's release or discharge
121	121	from the department, access to services and programs that assist
122	122	inmates in developing:
123	123	(A) the ability to obtain and maintain long-term
124	124	employment and stable housing; and
125	125	(B) social skills and life skills, including
126	126	building and maintaining parenting skills, anger management
127	127	techniques, positive family interactions, and law-abiding
128	128	behavior.
129	129	(d) The department shall develop and include in the plan a
130	130	program that provides an opportunity for an inmate who is confined
131	131	in administrative segregation based on the inmate's membership in a
132	132	gang or identified security threat group to return to the general
133	133	prison population. The program may not exceed eight months in
134	134	length and must be available to an inmate who:
135	135	(1) has renounced the inmate's membership in the gang
136	136	or identified security threat group; and
137	137	(2) during the one-year period preceding the inmate's
138	138	application to the program has not:
139	139	(A) committed assault against another inmate or a
140	140	member of the prison staff;
141	141	(B) been the subject of major disciplinary
142	142	action; or
143	143	(C) participated in any gang-related or
144	144	identified security threat group-related activity.
145	145	(e) The plan may not result in increased danger to inmates
146	146	imprisoned in, or employees employed at, any facility operated by
147	147	or under contract with the department.
148	148	SECTION 3. (a) The Texas Department of Criminal Justice
149	149	shall submit the first report required under Section 493.032,
150	150	Government Code, as added by this Act, not later than January 1,
151	151	2016.
152	152	(b) Not later than June 1, 2016, the Texas Department of
153	153	Criminal Justice shall submit for review and comment the plan
154	154	developed under Section 501.025, Government Code, as added by this
155	155	Act, to:
156	156	(1) the governor;
157	157	(2) the lieutenant governor;
158	158	(3) the speaker of the house of representatives;
159	159	(4) each standing committee of the senate and house of
160	160	representatives having primary jurisdiction over the department;
161	161	and
162	162	(5) the Legislative Budget Board.
163	163	SECTION 4. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2015.