84R8505 JRR-F
By: RodrÃguez S.B. No. 890
A BILL TO BE ENTITLED
AN ACT
relating to restricting the use of administrative segregation by
the Texas Department of Criminal Justice for certain inmates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 501, Government Code, is
amended by adding Section 501.068 to read as follows:
Sec. 501.068. PROGRAM FOR CERTAIN INMATES WITH SERIOUS
MENTAL ILLNESS. (a) In this section, "inmate with a serious mental
illness" means an inmate confined by the department who has a
substantial disorder of thought or mood that significantly impairs
the inmate's judgment, behavior, capacity to recognize reality, or
ability to cope with the ordinary demands of life. The term
includes an inmate who has current symptoms of or is receiving
treatment for:
(1) any of the following Axis I diagnoses as defined by
the American Psychiatric Association in the Diagnostic and
Statistical Manual of Mental Disorders, fourth edition:
(A) schizophrenia, including any schizophrenia
subtype;
(B) delusional disorder;
(C) schizophreniform disorder;
(D) schizoaffective disorder;
(E) brief psychotic disorder;
(F) substance-induced psychotic disorder, other
than intoxication or withdrawal;
(G) bipolar disorder I or II;
(H) major depressive disorder; or
(I) any other psychotic disorder;
(2) a mental disorder that includes being actively
suicidal;
(3) a mental illness that is frequently characterized
by breaks with reality or perceptions of reality that lead to
significant functional impairment;
(4) an organic brain syndrome that results in
significant functional impairment if not treated;
(5) a severe personality disorder that is manifested
by frequent episodes of psychosis or depression and results in
significant functional impairment; or
(6) an intellectual disability with significant
functional impairment.
(b) The department, in conjunction with each managed health
care provider network established under Section 501.147, shall
establish a diversion program that is designed to:
(1) remove inmates with a serious mental illness from
administrative segregation; and
(2) prevent the initial placement of inmates with a
serious mental illness in administrative segregation.
(c) Each program established under this section must:
(1) focus on stabilizing inmates with a serious mental
illness by placing the inmates in less restrictive housing; and
(2) include policies and practices, scaled over a
three-year period, that will divert not less than 90 percent of
inmates with a serious mental illness from administrative
segregation to less restrictive housing.
(d) The department shall report to the legislature not later
than January 15 of each odd-numbered year the results of each
program, including:
(1) the number of program participants that
successfully integrate into a less restrictive housing placement;
(2) the recidivism rates for inmates with a serious
mental illness, including those that participate in each program;
and
(3) any additional data or information the legislature
or the department considers relevant to assessing the program.
SECTION 2. Subchapter C, Chapter 501, Government Code, is
amended by adding Section 501.0961 to read as follows:
Sec. 501.0961. REENTRY STEP-DOWN PROGRAM FOR CERTAIN
INMATES IN ADMINISTRATIVE SEGREGATION. (a) The department, in
conjunction with each managed health care provider network
established under Section 501.147, shall establish a program for
inmates who:
(1) are projected to be released or discharged from
the department in 180 days or less; and
(2) have been confined in administrative segregation
for at least 180 consecutive days and would otherwise remain in
administrative segregation until release or discharge.
(b) Each program established under this section must:
(1) house inmates described by Subsection (a) in a
residential, therapeutic housing unit within a correctional
facility in lieu of confinement in administrative segregation;
(2) provide clinically appropriate and habilitative
programs and services to the inmates with the goal of ensuring
successful reentry; and
(3) focus on building prosocial behaviors and reducing
the likelihood of recidivism.
(c) The department shall report to the legislature not later
than January 15 of each odd-numbered year the results of each
program, including the recidivism rates of inmates who participate
in each program.
SECTION 3. This Act takes effect September 1, 2015.