84R12425 JRR-F
By: RodrÃguez S.B. No. 891
A BILL TO BE ENTITLED
AN ACT
relating to the operations of the Texas Department of Criminal
Justice, including conditions of confinement of certain inmates and
required training for correctional officers employed by the
department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Sections 493.032, 493.033, and 493.034 to read as follows:
Sec. 493.032. REQUIRED TRAINING FOR CORRECTIONAL OFFICERS.
(a) The department shall require each correctional officer
employed by the department to complete, during the officer's first
24 months of service, not less than 280 hours of training,
including:
(1) 140 hours of on-the-job training; and
(2) mental health crisis intervention training.
(b) The department shall indicate in the correctional
officer's personnel file that the officer has completed the
training required by this section.
(c) A correctional officer is not required to complete
training under this section if the officer's personnel file
indicates that the officer has completed the training required by
this section during a previous period of employment as a
correctional officer.
(d) The department may suspend or otherwise discipline a
correctional officer who fails to comply with the requirements of
this section.
Sec. 493.033. CONTINUING EDUCATION REQUIRED FOR
CORRECTIONAL OFFICERS. (a) The department shall require each
correctional officer employed by the department to complete at
least 80 hours of continuing education programs once every 24
months. The department may suspend or otherwise discipline a
correctional officer who fails to comply with this requirement.
(b) As part of the continuing education requirement under
Subsection (a), a correctional officer must complete a training and
education program that covers 40 hours of core requirements
designated by the department.
(c) The department shall develop specialized training for
correctional officers that may be credited toward continuing
education requirements.
(d) The department by rule shall provide for a waiver of the
requirements of this section if mitigating circumstances exist.
(e) The department shall credit a correctional officer with
meeting the continuing education requirements of this section if
during the relevant 24-month period the correctional officer serves
on active duty as a member of the United States military for at
least 12 months. Credit for continuing education under this
subsection does not affect any requirement to demonstrate
continuing weapons proficiency under Section 493.034.
(f) The department shall credit toward the continuing
education requirements of this section training approved by the
Texas Commission on Law Enforcement.
(g) A correctional officer is not required to complete
continuing education under this section during the period in which
the officer is completing training under Section 493.032.
Sec. 493.034. CONTINUING DEMONSTRATION OF WEAPONS
PROFICIENCY. (a) The department shall designate one or more
firearms proficiency officers and require each correctional
officer employed by the department to demonstrate weapons
proficiency to a firearms proficiency officer at least annually.
The department shall maintain records of the weapons proficiency of
correctional officers.
(b) On request, the department may waive the requirement
that a correctional officer demonstrate weapons proficiency on a
determination by the department that the requirement causes a
hardship.
(c) The department by rule shall define weapons proficiency
for purposes of this section.
SECTION 2. Chapter 501, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. RESTRICTIONS ON USE OF ADMINISTRATIVE SEGREGATION
Sec. 501.191. DEFINITIONS. In this subchapter:
(1) "Inmate with a serious mental illness or other
significant mental impairment" 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:
(A) 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:
(i) schizophrenia, including any
schizophrenia subtype;
(ii) delusional disorder;
(iii) schizophreniform disorder;
(iv) schizoaffective disorder;
(v) brief psychotic disorder;
(vi) substance-induced psychotic disorder,
other than intoxication or withdrawal;
(vii) bipolar disorder I or II;
(viii) major depressive disorder; or
(ix) any other psychotic disorder;
(B) a mental disorder that includes being
actively suicidal;
(C) a mental illness that is frequently
characterized by breaks with reality or perceptions of reality that
lead to significant functional impairment;
(D) an organic brain syndrome that results in
significant functional impairment if not treated;
(E) a severe personality disorder that is
manifested by frequent episodes of psychosis or depression and
results in significant functional impairment; or
(F) an intellectual disability with significant
functional impairment.
(2) "Mental health professional" means a
psychiatrist, psychologist, or nurse practitioner who is licensed
to practice in this state.
Sec. 501.192. POLICY REGARDING ADMINISTRATIVE SEGREGATION.
The department shall adopt policies to ensure that inmates confined
in administrative segregation or subject to other restrictive means
of confinement are not at risk of recidivism due to unaddressed
mental health needs or other impacts of long-term isolation.
Sec. 501.1921. IMPLEMENTATION OF RECOMMENDATIONS. In
adopting policies under Section 501.192, the department shall
implement the recommendations of the Advisory Committee on Isolated
Confinement contained in the committee's report to the 85th
Legislature. The recommendations must be implemented not later
than the time period specified in the report. This section expires
September 1, 2019.
Sec. 501.193. MENTAL HEALTH UNIT. (a) In this section,
"mental health unit" means a residential, therapeutic housing unit
established under Subsection (b).
(b) The department shall establish a mental health unit to
provide:
(1) long-term housing to inmates with a serious mental
illness or other significant mental impairment in lieu of
confinement in administrative segregation; and
(2) clinically appropriate and habilitative programs
and services, including long-term mental health treatment, to
inmates described by Subdivision (1).
Sec. 501.194. RESTRICTIONS ON PLACEMENT OF CERTAIN INMATES
IN ADMINISTRATIVE SEGREGATION. (a) An inmate with a serious mental
illness or other significant mental impairment may not be placed in
administrative segregation unless exigent circumstances require
the placement.
(b) If an inmate described by Subsection (a) is placed in
administrative segregation for more than 24 hours, the person who
made the decision to place the inmate in administrative segregation
shall file a report with the unit warden explaining the exigent
circumstances that required the placement.
(c) If an inmate described by Subsection (a) is placed in
administrative segregation for more than four hours, on two or more
occasions during a seven-day period, the person who made the
decision to place the inmate in administrative segregation shall
file a report with the unit warden explaining the exigent
circumstances that required multiple placements.
Sec. 501.195. MENTAL HEALTH EXAMINATION. (a) Not later
than 24 hours after an inmate is placed in administrative
segregation, the inmate must be examined by a mental health
professional to determine whether the inmate is an inmate with a
serious mental illness or other significant mental impairment.
(b) If the mental health professional determines that an
inmate examined under Subsection (a) is an inmate with a serious
mental illness or other significant mental impairment, the
department shall transfer the inmate from administrative
segregation to a mental health unit established under Section
501.193, a mental health facility within the correctional facility,
or other appropriate housing that does not include long-term
isolated confinement.
Sec. 501.196. INVOLVEMENT OF MENTAL HEALTH PROFESSIONAL IN
ADMINISTRATIVE SEGREGATION DECISIONS. (a) A mental health
professional must participate in all initial and ongoing decisions
relating to an inmate's placement in administrative segregation,
including all reviews conducted by:
(1) the state classification committee; or
(2) the administrative segregation committee.
(b) Except as provided by Subsection (c), an inmate must be
placed in a setting that is less restrictive than administrative
segregation if the mental health professional who is participating
in the review of the placement or continued placement of the inmate
in administrative segregation finds that the inmate's placement in
administrative segregation will:
(1) increase the likelihood of recidivism by the
inmate;
(2) cause the inmate to develop a serious mental
illness or other significant mental impairment as described by
Section 501.191;
(3) exacerbate an existing serious mental illness or
other significant mental impairment as described by Section
501.191;
(4) cause or exacerbate suicidal ideation; or
(5) otherwise undermine the rehabilitation of the
inmate.
(c) An inmate is not required to be placed in a less
restrictive setting under Subsection (b) if the committee
conducting the review determines that, based on evidence presented
to the committee that the inmate is a security threat or poses a
danger to other inmates or staff, exigent circumstances require the
temporary placement of the inmate in administrative segregation.
(d) The unit warden and a mental health professional shall
conduct a review of an inmate's placement in administrative
segregation not later than 24 hours after exigent circumstances are
found to exist under Subsection (c) and after each subsequent
24-hour period until the inmate can safely be placed in a less
restrictive setting.
Sec. 501.197. PERIOD OF CONFINEMENT. (a) Except as
provided by Subsection (b), the department may not confine an
inmate in administrative segregation for more than 365 consecutive
days.
(b) The department may confine an inmate in administrative
segregation for a period that exceeds 365 consecutive days if, not
more than 30 days before the inmate's 365th consecutive day in
administrative segregation:
(1) the state classification committee conducts a
review of the inmate's custody classification; and
(2) based on the review conducted under Subdivision
(1), the executive director approves continuing the inmate's
confinement in administrative segregation for a period that exceeds
365 consecutive days.
Sec. 501.198. REENTRY STEP-DOWN PROGRAM FOR CERTAIN INMATES
IN ADMINISTRATIVE SEGREGATION. (a) The department shall establish
a program for inmates who are projected to be released or discharged
from the department in 180 days or less and who have been confined
in administrative segregation for at least 180 consecutive days.
(b) A 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; and
(3) provide programs and services that are designed to
ensure successful reentry, including programs and services that
assist the inmates in developing:
(A) the ability to obtain and maintain long-term
employment and stable housing; and
(B) social and life skills, including building
and maintaining parenting skills, anger management techniques,
positive family interactions, and law-abiding behavior.
(c) Not later than 180 days before the date an inmate
confined in administrative segregation for at least 180 consecutive
days is projected to be released or discharged from the department,
the department shall transfer the inmate from administrative
segregation to a program established under this section.
SECTION 3. Subtitle G, Title 4, Government Code, is amended
by adding Chapter 512 to read as follows:
CHAPTER 512. ADVISORY COMMITTEE ON ISOLATED CONFINEMENT
Sec. 512.001. DEFINITIONS. In this chapter:
(1) "Committee" means the Advisory Committee on
Isolated Confinement.
(2) "Correctional facility" means a facility operated
by or under contract with the department.
(3) "Isolated confinement" means prolonged
confinement of an inmate in a cell, typically 22 hours or more per
day, with very limited time spent outside the inmate's cell and
severely restricted activity, movement, and social interaction,
whether pursuant to disciplinary, administrative, or
classification action.
Sec. 512.002. CREATION. The Advisory Committee on Isolated
Confinement is created.
Sec. 512.003. COMPOSITION. (a) The committee is composed
of the following 14 members:
(1) the executive director of the department or the
executive director's designee;
(2) the director of the department's health services
division or the director's designee;
(3) the director of the Texas Correctional Office on
Offenders with Medical or Mental Impairments or the director's
designee;
(4) the presiding officer of the Correctional Managed
Health Care Committee or the presiding officer's designee;
(5) one representative designated by the American
Federation of State, County, and Municipal Employees Texas
Correctional Employees Council;
(6) one representative designated by Disability
Rights Texas;
(7) one representative designated by Mental Health
America of Texas or, if Mental Health America of Texas does not
designate a representative, the Hogg Foundation for Mental Health;
(8) one representative designated by the National
Alliance on Mental Illness or, if the National Alliance on Mental
Illness does not designate a representative, the Meadows Mental
Health Policy Institute; and
(9) six members appointed by the governor, consisting
of:
(A) one representative of a nonprofit entity
involved with the reintegration of inmates;
(B) one representative of a faith-based
organization involved with the reintegration of inmates;
(C) one representative of an organization
composed of families of inmates;
(D) one member who was convicted of a criminal
offense in this state;
(E) one member who has expertise in criminal
justice and mental health issues and who is independent of the
department; and
(F) one member who has expertise in issues
related to administrative segregation, seclusion, or solitary
confinement and who is independent of the department.
(b) The governor shall designate a member of the committee
to serve as presiding officer.
Sec. 512.004. MEETINGS. The committee shall meet at the
times and places that the presiding officer determines are
appropriate.
Sec. 512.005. DUTIES. The committee shall:
(1) in consultation with the department, conduct a
comprehensive review of isolated confinement policies and
practices in correctional facilities in this state;
(2) request from the department information and data
relating to the use of isolated confinement;
(3) make findings and policy recommendations relating
to the use of isolated confinement in correctional facilities in
this state, including recommended methods to:
(A) reduce the number of inmates housed in
isolated confinement;
(B) ensure proper treatment and care of inmates
housed in isolated confinement who have a serious mental illness or
other significant mental impairment;
(C) provide inmates housed in isolated
confinement with increased access to mental health treatment,
services, and programs, including programs that provide for
increased social interaction or increases in the amount of time an
inmate is allowed out of the inmate's cell; and
(D) implement programs that provide for less
restrictive housing based on good behavior;
(4) publish the report described by Section 512.006 on
a public website; and
(5) provide recommendations to the department
regarding the establishment of mental health units under Section
501.193.
Sec. 512.006. REPORT. Not later than December 1, 2016, the
committee shall deliver a report of the committee's findings and
recommendations made under Section 512.005, including deadlines
for the department to implement those recommendations, to the
governor, the lieutenant governor, the speaker of the house of
representatives, the presiding officers of the Senate Committee on
Criminal Justice and the House Committee on Corrections, and the
executive director of the department.
Sec. 512.007. EXPIRATION. The committee is abolished and
this chapter expires August 31, 2017.
SECTION 4. Not later than January 1, 2016, the Texas
Department of Criminal Justice shall adopt rules as required by
Sections 493.033 and 493.034, Government Code, as added by this
Act.
SECTION 5. (a) Section 493.032, Government Code, as added
by this Act, applies only to a correctional officer hired by the
Texas Department of Criminal Justice on or after the effective date
of this Act. A correctional officer hired before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
(b) Sections 493.033 and 493.034, Government Code, as added
by this Act, apply to a correctional officer employed by the Texas
Department of Criminal Justice on or after the effective date of
this Act, regardless of whether the officer is hired before, on, or
after that date.
SECTION 6. (a) Not later than October 1, 2015, each inmate
confined in administrative segregation in a facility operated by or
under contract with the Texas Department of Criminal Justice on the
effective date of this Act must be examined by a mental health
professional, as defined by Section 501.191, Government Code, as
added by this Act, to determine whether the inmate is an inmate with
a serious mental illness or other significant mental impairment.
(b) If the mental health professional determines that an
inmate examined under Subsection (a) is an inmate with a serious
mental illness or other significant mental impairment, the Texas
Department of Criminal Justice shall transfer the inmate from
administrative segregation to a mental health unit established
under Section 501.193, Government Code, as added by this Act, a
mental health facility within the correctional facility, or other
appropriate housing that does not include long-term isolated
confinement.
SECTION 7. (a) Not later than November 1, 2015, the
governor shall make the appointments required by Section 512.003,
Government Code, as added by this Act.
(b) The presiding officer of the Advisory Committee on
Isolated Confinement shall convene the first meeting of the
committee not later than December 1, 2015.
SECTION 8. This Act takes effect September 1, 2015.