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Texas Senate Bill SB891

Texas 2015 - 84th Regular

Texas Senate Bill SB891 Compare Versions

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11 84R12425 JRR-F
22 By: Rodríguez S.B. No. 891
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the operations of the Texas Department of Criminal
88 Justice, including conditions of confinement of certain inmates and
99 required training for correctional officers employed by the
1010 department.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Chapter 493, Government Code, is amended by
1313 adding Sections 493.032, 493.033, and 493.034 to read as follows:
1414 Sec. 493.032. REQUIRED TRAINING FOR CORRECTIONAL OFFICERS.
1515 (a) The department shall require each correctional officer
1616 employed by the department to complete, during the officer's first
1717 24 months of service, not less than 280 hours of training,
1818 including:
1919 (1) 140 hours of on-the-job training; and
2020 (2) mental health crisis intervention training.
2121 (b) The department shall indicate in the correctional
2222 officer's personnel file that the officer has completed the
2323 training required by this section.
2424 (c) A correctional officer is not required to complete
2525 training under this section if the officer's personnel file
2626 indicates that the officer has completed the training required by
2727 this section during a previous period of employment as a
2828 correctional officer.
2929 (d) The department may suspend or otherwise discipline a
3030 correctional officer who fails to comply with the requirements of
3131 this section.
3232 Sec. 493.033. CONTINUING EDUCATION REQUIRED FOR
3333 CORRECTIONAL OFFICERS. (a) The department shall require each
3434 correctional officer employed by the department to complete at
3535 least 80 hours of continuing education programs once every 24
3636 months. The department may suspend or otherwise discipline a
3737 correctional officer who fails to comply with this requirement.
3838 (b) As part of the continuing education requirement under
3939 Subsection (a), a correctional officer must complete a training and
4040 education program that covers 40 hours of core requirements
4141 designated by the department.
4242 (c) The department shall develop specialized training for
4343 correctional officers that may be credited toward continuing
4444 education requirements.
4545 (d) The department by rule shall provide for a waiver of the
4646 requirements of this section if mitigating circumstances exist.
4747 (e) The department shall credit a correctional officer with
4848 meeting the continuing education requirements of this section if
4949 during the relevant 24-month period the correctional officer serves
5050 on active duty as a member of the United States military for at
5151 least 12 months. Credit for continuing education under this
5252 subsection does not affect any requirement to demonstrate
5353 continuing weapons proficiency under Section 493.034.
5454 (f) The department shall credit toward the continuing
5555 education requirements of this section training approved by the
5656 Texas Commission on Law Enforcement.
5757 (g) A correctional officer is not required to complete
5858 continuing education under this section during the period in which
5959 the officer is completing training under Section 493.032.
6060 Sec. 493.034. CONTINUING DEMONSTRATION OF WEAPONS
6161 PROFICIENCY. (a) The department shall designate one or more
6262 firearms proficiency officers and require each correctional
6363 officer employed by the department to demonstrate weapons
6464 proficiency to a firearms proficiency officer at least annually.
6565 The department shall maintain records of the weapons proficiency of
6666 correctional officers.
6767 (b) On request, the department may waive the requirement
6868 that a correctional officer demonstrate weapons proficiency on a
6969 determination by the department that the requirement causes a
7070 hardship.
7171 (c) The department by rule shall define weapons proficiency
7272 for purposes of this section.
7373 SECTION 2. Chapter 501, Government Code, is amended by
7474 adding Subchapter G to read as follows:
7575 SUBCHAPTER G. RESTRICTIONS ON USE OF ADMINISTRATIVE SEGREGATION
7676 Sec. 501.191. DEFINITIONS. In this subchapter:
7777 (1) "Inmate with a serious mental illness or other
7878 significant mental impairment" means an inmate confined by the
7979 department who has a substantial disorder of thought or mood that
8080 significantly impairs the inmate's judgment, behavior, capacity to
8181 recognize reality, or ability to cope with the ordinary demands of
8282 life. The term includes an inmate who has current symptoms of or is
8383 receiving treatment for:
8484 (A) any of the following Axis I diagnoses as
8585 defined by the American Psychiatric Association in the Diagnostic
8686 and Statistical Manual of Mental Disorders, fourth edition:
8787 (i) schizophrenia, including any
8888 schizophrenia subtype;
8989 (ii) delusional disorder;
9090 (iii) schizophreniform disorder;
9191 (iv) schizoaffective disorder;
9292 (v) brief psychotic disorder;
9393 (vi) substance-induced psychotic disorder,
9494 other than intoxication or withdrawal;
9595 (vii) bipolar disorder I or II;
9696 (viii) major depressive disorder; or
9797 (ix) any other psychotic disorder;
9898 (B) a mental disorder that includes being
9999 actively suicidal;
100100 (C) a mental illness that is frequently
101101 characterized by breaks with reality or perceptions of reality that
102102 lead to significant functional impairment;
103103 (D) an organic brain syndrome that results in
104104 significant functional impairment if not treated;
105105 (E) a severe personality disorder that is
106106 manifested by frequent episodes of psychosis or depression and
107107 results in significant functional impairment; or
108108 (F) an intellectual disability with significant
109109 functional impairment.
110110 (2) "Mental health professional" means a
111111 psychiatrist, psychologist, or nurse practitioner who is licensed
112112 to practice in this state.
113113 Sec. 501.192. POLICY REGARDING ADMINISTRATIVE SEGREGATION.
114114 The department shall adopt policies to ensure that inmates confined
115115 in administrative segregation or subject to other restrictive means
116116 of confinement are not at risk of recidivism due to unaddressed
117117 mental health needs or other impacts of long-term isolation.
118118 Sec. 501.1921. IMPLEMENTATION OF RECOMMENDATIONS. In
119119 adopting policies under Section 501.192, the department shall
120120 implement the recommendations of the Advisory Committee on Isolated
121121 Confinement contained in the committee's report to the 85th
122122 Legislature. The recommendations must be implemented not later
123123 than the time period specified in the report. This section expires
124124 September 1, 2019.
125125 Sec. 501.193. MENTAL HEALTH UNIT. (a) In this section,
126126 "mental health unit" means a residential, therapeutic housing unit
127127 established under Subsection (b).
128128 (b) The department shall establish a mental health unit to
129129 provide:
130130 (1) long-term housing to inmates with a serious mental
131131 illness or other significant mental impairment in lieu of
132132 confinement in administrative segregation; and
133133 (2) clinically appropriate and habilitative programs
134134 and services, including long-term mental health treatment, to
135135 inmates described by Subdivision (1).
136136 Sec. 501.194. RESTRICTIONS ON PLACEMENT OF CERTAIN INMATES
137137 IN ADMINISTRATIVE SEGREGATION. (a) An inmate with a serious mental
138138 illness or other significant mental impairment may not be placed in
139139 administrative segregation unless exigent circumstances require
140140 the placement.
141141 (b) If an inmate described by Subsection (a) is placed in
142142 administrative segregation for more than 24 hours, the person who
143143 made the decision to place the inmate in administrative segregation
144144 shall file a report with the unit warden explaining the exigent
145145 circumstances that required the placement.
146146 (c) If an inmate described by Subsection (a) is placed in
147147 administrative segregation for more than four hours, on two or more
148148 occasions during a seven-day period, the person who made the
149149 decision to place the inmate in administrative segregation shall
150150 file a report with the unit warden explaining the exigent
151151 circumstances that required multiple placements.
152152 Sec. 501.195. MENTAL HEALTH EXAMINATION. (a) Not later
153153 than 24 hours after an inmate is placed in administrative
154154 segregation, the inmate must be examined by a mental health
155155 professional to determine whether the inmate is an inmate with a
156156 serious mental illness or other significant mental impairment.
157157 (b) If the mental health professional determines that an
158158 inmate examined under Subsection (a) is an inmate with a serious
159159 mental illness or other significant mental impairment, the
160160 department shall transfer the inmate from administrative
161161 segregation to a mental health unit established under Section
162162 501.193, a mental health facility within the correctional facility,
163163 or other appropriate housing that does not include long-term
164164 isolated confinement.
165165 Sec. 501.196. INVOLVEMENT OF MENTAL HEALTH PROFESSIONAL IN
166166 ADMINISTRATIVE SEGREGATION DECISIONS. (a) A mental health
167167 professional must participate in all initial and ongoing decisions
168168 relating to an inmate's placement in administrative segregation,
169169 including all reviews conducted by:
170170 (1) the state classification committee; or
171171 (2) the administrative segregation committee.
172172 (b) Except as provided by Subsection (c), an inmate must be
173173 placed in a setting that is less restrictive than administrative
174174 segregation if the mental health professional who is participating
175175 in the review of the placement or continued placement of the inmate
176176 in administrative segregation finds that the inmate's placement in
177177 administrative segregation will:
178178 (1) increase the likelihood of recidivism by the
179179 inmate;
180180 (2) cause the inmate to develop a serious mental
181181 illness or other significant mental impairment as described by
182182 Section 501.191;
183183 (3) exacerbate an existing serious mental illness or
184184 other significant mental impairment as described by Section
185185 501.191;
186186 (4) cause or exacerbate suicidal ideation; or
187187 (5) otherwise undermine the rehabilitation of the
188188 inmate.
189189 (c) An inmate is not required to be placed in a less
190190 restrictive setting under Subsection (b) if the committee
191191 conducting the review determines that, based on evidence presented
192192 to the committee that the inmate is a security threat or poses a
193193 danger to other inmates or staff, exigent circumstances require the
194194 temporary placement of the inmate in administrative segregation.
195195 (d) The unit warden and a mental health professional shall
196196 conduct a review of an inmate's placement in administrative
197197 segregation not later than 24 hours after exigent circumstances are
198198 found to exist under Subsection (c) and after each subsequent
199199 24-hour period until the inmate can safely be placed in a less
200200 restrictive setting.
201201 Sec. 501.197. PERIOD OF CONFINEMENT. (a) Except as
202202 provided by Subsection (b), the department may not confine an
203203 inmate in administrative segregation for more than 365 consecutive
204204 days.
205205 (b) The department may confine an inmate in administrative
206206 segregation for a period that exceeds 365 consecutive days if, not
207207 more than 30 days before the inmate's 365th consecutive day in
208208 administrative segregation:
209209 (1) the state classification committee conducts a
210210 review of the inmate's custody classification; and
211211 (2) based on the review conducted under Subdivision
212212 (1), the executive director approves continuing the inmate's
213213 confinement in administrative segregation for a period that exceeds
214214 365 consecutive days.
215215 Sec. 501.198. REENTRY STEP-DOWN PROGRAM FOR CERTAIN INMATES
216216 IN ADMINISTRATIVE SEGREGATION. (a) The department shall establish
217217 a program for inmates who are projected to be released or discharged
218218 from the department in 180 days or less and who have been confined
219219 in administrative segregation for at least 180 consecutive days.
220220 (b) A program established under this section must:
221221 (1) house inmates described by Subsection (a) in a
222222 residential, therapeutic housing unit within a correctional
223223 facility in lieu of confinement in administrative segregation;
224224 (2) provide clinically appropriate and habilitative
225225 programs and services to the inmates; and
226226 (3) provide programs and services that are designed to
227227 ensure successful reentry, including programs and services that
228228 assist the inmates in developing:
229229 (A) the ability to obtain and maintain long-term
230230 employment and stable housing; and
231231 (B) social and life skills, including building
232232 and maintaining parenting skills, anger management techniques,
233233 positive family interactions, and law-abiding behavior.
234234 (c) Not later than 180 days before the date an inmate
235235 confined in administrative segregation for at least 180 consecutive
236236 days is projected to be released or discharged from the department,
237237 the department shall transfer the inmate from administrative
238238 segregation to a program established under this section.
239239 SECTION 3. Subtitle G, Title 4, Government Code, is amended
240240 by adding Chapter 512 to read as follows:
241241 CHAPTER 512. ADVISORY COMMITTEE ON ISOLATED CONFINEMENT
242242 Sec. 512.001. DEFINITIONS. In this chapter:
243243 (1) "Committee" means the Advisory Committee on
244244 Isolated Confinement.
245245 (2) "Correctional facility" means a facility operated
246246 by or under contract with the department.
247247 (3) "Isolated confinement" means prolonged
248248 confinement of an inmate in a cell, typically 22 hours or more per
249249 day, with very limited time spent outside the inmate's cell and
250250 severely restricted activity, movement, and social interaction,
251251 whether pursuant to disciplinary, administrative, or
252252 classification action.
253253 Sec. 512.002. CREATION. The Advisory Committee on Isolated
254254 Confinement is created.
255255 Sec. 512.003. COMPOSITION. (a) The committee is composed
256256 of the following 14 members:
257257 (1) the executive director of the department or the
258258 executive director's designee;
259259 (2) the director of the department's health services
260260 division or the director's designee;
261261 (3) the director of the Texas Correctional Office on
262262 Offenders with Medical or Mental Impairments or the director's
263263 designee;
264264 (4) the presiding officer of the Correctional Managed
265265 Health Care Committee or the presiding officer's designee;
266266 (5) one representative designated by the American
267267 Federation of State, County, and Municipal Employees Texas
268268 Correctional Employees Council;
269269 (6) one representative designated by Disability
270270 Rights Texas;
271271 (7) one representative designated by Mental Health
272272 America of Texas or, if Mental Health America of Texas does not
273273 designate a representative, the Hogg Foundation for Mental Health;
274274 (8) one representative designated by the National
275275 Alliance on Mental Illness or, if the National Alliance on Mental
276276 Illness does not designate a representative, the Meadows Mental
277277 Health Policy Institute; and
278278 (9) six members appointed by the governor, consisting
279279 of:
280280 (A) one representative of a nonprofit entity
281281 involved with the reintegration of inmates;
282282 (B) one representative of a faith-based
283283 organization involved with the reintegration of inmates;
284284 (C) one representative of an organization
285285 composed of families of inmates;
286286 (D) one member who was convicted of a criminal
287287 offense in this state;
288288 (E) one member who has expertise in criminal
289289 justice and mental health issues and who is independent of the
290290 department; and
291291 (F) one member who has expertise in issues
292292 related to administrative segregation, seclusion, or solitary
293293 confinement and who is independent of the department.
294294 (b) The governor shall designate a member of the committee
295295 to serve as presiding officer.
296296 Sec. 512.004. MEETINGS. The committee shall meet at the
297297 times and places that the presiding officer determines are
298298 appropriate.
299299 Sec. 512.005. DUTIES. The committee shall:
300300 (1) in consultation with the department, conduct a
301301 comprehensive review of isolated confinement policies and
302302 practices in correctional facilities in this state;
303303 (2) request from the department information and data
304304 relating to the use of isolated confinement;
305305 (3) make findings and policy recommendations relating
306306 to the use of isolated confinement in correctional facilities in
307307 this state, including recommended methods to:
308308 (A) reduce the number of inmates housed in
309309 isolated confinement;
310310 (B) ensure proper treatment and care of inmates
311311 housed in isolated confinement who have a serious mental illness or
312312 other significant mental impairment;
313313 (C) provide inmates housed in isolated
314314 confinement with increased access to mental health treatment,
315315 services, and programs, including programs that provide for
316316 increased social interaction or increases in the amount of time an
317317 inmate is allowed out of the inmate's cell; and
318318 (D) implement programs that provide for less
319319 restrictive housing based on good behavior;
320320 (4) publish the report described by Section 512.006 on
321321 a public website; and
322322 (5) provide recommendations to the department
323323 regarding the establishment of mental health units under Section
324324 501.193.
325325 Sec. 512.006. REPORT. Not later than December 1, 2016, the
326326 committee shall deliver a report of the committee's findings and
327327 recommendations made under Section 512.005, including deadlines
328328 for the department to implement those recommendations, to the
329329 governor, the lieutenant governor, the speaker of the house of
330330 representatives, the presiding officers of the Senate Committee on
331331 Criminal Justice and the House Committee on Corrections, and the
332332 executive director of the department.
333333 Sec. 512.007. EXPIRATION. The committee is abolished and
334334 this chapter expires August 31, 2017.
335335 SECTION 4. Not later than January 1, 2016, the Texas
336336 Department of Criminal Justice shall adopt rules as required by
337337 Sections 493.033 and 493.034, Government Code, as added by this
338338 Act.
339339 SECTION 5. (a) Section 493.032, Government Code, as added
340340 by this Act, applies only to a correctional officer hired by the
341341 Texas Department of Criminal Justice on or after the effective date
342342 of this Act. A correctional officer hired before the effective date
343343 of this Act is governed by the law in effect immediately before the
344344 effective date of this Act, and that law is continued in effect for
345345 that purpose.
346346 (b) Sections 493.033 and 493.034, Government Code, as added
347347 by this Act, apply to a correctional officer employed by the Texas
348348 Department of Criminal Justice on or after the effective date of
349349 this Act, regardless of whether the officer is hired before, on, or
350350 after that date.
351351 SECTION 6. (a) Not later than October 1, 2015, each inmate
352352 confined in administrative segregation in a facility operated by or
353353 under contract with the Texas Department of Criminal Justice on the
354354 effective date of this Act must be examined by a mental health
355355 professional, as defined by Section 501.191, Government Code, as
356356 added by this Act, to determine whether the inmate is an inmate with
357357 a serious mental illness or other significant mental impairment.
358358 (b) If the mental health professional determines that an
359359 inmate examined under Subsection (a) is an inmate with a serious
360360 mental illness or other significant mental impairment, the Texas
361361 Department of Criminal Justice shall transfer the inmate from
362362 administrative segregation to a mental health unit established
363363 under Section 501.193, Government Code, as added by this Act, a
364364 mental health facility within the correctional facility, or other
365365 appropriate housing that does not include long-term isolated
366366 confinement.
367367 SECTION 7. (a) Not later than November 1, 2015, the
368368 governor shall make the appointments required by Section 512.003,
369369 Government Code, as added by this Act.
370370 (b) The presiding officer of the Advisory Committee on
371371 Isolated Confinement shall convene the first meeting of the
372372 committee not later than December 1, 2015.
373373 SECTION 8. This Act takes effect September 1, 2015.