1 | 1 | | 84R2206 MEW-D |
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2 | 2 | | By: Whitmire S.B. No. 231 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to certain duties of the Commission on Jail Standards |
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8 | 8 | | regarding visitation periods for county jail prisoners. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 511.009(a), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (a) The commission shall: |
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13 | 13 | | (1) adopt reasonable rules and procedures |
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14 | 14 | | establishing minimum standards for the construction, equipment, |
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15 | 15 | | maintenance, and operation of county jails; |
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16 | 16 | | (2) adopt reasonable rules and procedures |
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17 | 17 | | establishing minimum standards for the custody, care, and treatment |
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18 | 18 | | of prisoners; |
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19 | 19 | | (3) adopt reasonable rules establishing minimum |
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20 | 20 | | standards for the number of jail supervisory personnel and for |
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21 | 21 | | programs and services to meet the needs of prisoners; |
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22 | 22 | | (4) adopt reasonable rules and procedures |
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23 | 23 | | establishing minimum requirements for programs of rehabilitation, |
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24 | 24 | | education, and recreation in county jails; |
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25 | 25 | | (5) revise, amend, or change rules and procedures if |
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26 | 26 | | necessary; |
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27 | 27 | | (6) provide to local government officials |
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28 | 28 | | consultation on and technical assistance for county jails; |
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29 | 29 | | (7) review and comment on plans for the construction |
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30 | 30 | | and major modification or renovation of county jails; |
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31 | 31 | | (8) require that the sheriff and commissioners of each |
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32 | 32 | | county submit to the commission, on a form prescribed by the |
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33 | 33 | | commission, an annual report on the conditions in each county jail |
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34 | 34 | | within their jurisdiction, including all information necessary to |
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35 | 35 | | determine compliance with state law, commission orders, and the |
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36 | 36 | | rules adopted under this chapter; |
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37 | 37 | | (9) review the reports submitted under Subdivision (8) |
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38 | 38 | | and require commission employees to inspect county jails regularly |
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39 | 39 | | to ensure compliance with state law, commission orders, and rules |
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40 | 40 | | and procedures adopted under this chapter; |
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41 | 41 | | (10) adopt a classification system to assist sheriffs |
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42 | 42 | | and judges in determining which defendants are low-risk and |
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43 | 43 | | consequently suitable participants in a county jail work release |
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44 | 44 | | program under Article 42.034, Code of Criminal Procedure; |
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45 | 45 | | (11) adopt rules relating to requirements for |
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46 | 46 | | segregation of classes of inmates and to capacities for county |
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47 | 47 | | jails; |
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48 | 48 | | (12) require that the chief jailer of each municipal |
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49 | 49 | | lockup submit to the commission, on a form prescribed by the |
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50 | 50 | | commission, an annual report of persons under 17 years of age |
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51 | 51 | | securely detained in the lockup, including all information |
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52 | 52 | | necessary to determine compliance with state law concerning secure |
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53 | 53 | | confinement of children in municipal lockups; |
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54 | 54 | | (13) at least annually determine whether each county |
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55 | 55 | | jail is in compliance with the rules and procedures adopted under |
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56 | 56 | | this chapter; |
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57 | 57 | | (14) require that the sheriff and commissioners court |
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58 | 58 | | of each county submit to the commission, on a form prescribed by the |
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59 | 59 | | commission, an annual report of persons under 17 years of age |
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60 | 60 | | securely detained in the county jail, including all information |
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61 | 61 | | necessary to determine compliance with state law concerning secure |
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62 | 62 | | confinement of children in county jails; |
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63 | 63 | | (15) schedule announced and unannounced inspections |
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64 | 64 | | of jails under the commission's jurisdiction using the risk |
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65 | 65 | | assessment plan established under Section 511.0085 to guide the |
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66 | 66 | | inspections process; |
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67 | 67 | | (16) adopt a policy for gathering and distributing to |
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68 | 68 | | jails under the commission's jurisdiction information regarding: |
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69 | 69 | | (A) common issues concerning jail |
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70 | 70 | | administration; |
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71 | 71 | | (B) examples of successful strategies for |
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72 | 72 | | maintaining compliance with state law and the rules, standards, and |
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73 | 73 | | procedures of the commission; and |
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74 | 74 | | (C) solutions to operational challenges for |
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75 | 75 | | jails; |
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76 | 76 | | (17) report to the Texas Correctional Office on |
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77 | 77 | | Offenders with Medical or Mental Impairments on a jail's compliance |
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78 | 78 | | with Article 16.22, Code of Criminal Procedure; |
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79 | 79 | | (18) adopt reasonable rules and procedures |
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80 | 80 | | establishing minimum requirements for jails to: |
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81 | 81 | | (A) determine if a prisoner is pregnant; and |
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82 | 82 | | (B) ensure that the jail's health services plan |
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83 | 83 | | addresses medical and mental health care, including nutritional |
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84 | 84 | | requirements, and any special housing or work assignment needs for |
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85 | 85 | | persons who are confined in the jail and are known or determined to |
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86 | 86 | | be pregnant; [and] |
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87 | 87 | | (19) provide guidelines to sheriffs regarding |
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88 | 88 | | contracts between a sheriff and another entity for the provision of |
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89 | 89 | | food services to or the operation of a commissary in a jail under |
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90 | 90 | | the commission's jurisdiction, including specific provisions |
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91 | 91 | | regarding conflicts of interest and avoiding the appearance of |
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92 | 92 | | impropriety; and |
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93 | 93 | | (20) adopt reasonable rules and procedures |
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94 | 94 | | establishing minimum standards for prisoner visitation that |
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95 | 95 | | provide each prisoner at a county jail with a minimum of two |
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96 | 96 | | in-person, noncontact visitation periods per week of at least 20 |
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97 | 97 | | minutes duration each. |
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98 | 98 | | SECTION 2. The Commission on Jail Standards shall establish |
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99 | 99 | | the specific standards as required by Section 511.009(a)(20), |
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100 | 100 | | Government Code, as added by this Act, not later than January 1, |
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101 | 101 | | 2016. |
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102 | 102 | | SECTION 3. This Act takes effect September 1, 2015. |
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