H.B. No. 650
AN ACT
relating to inmates of the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.032 to read as follows:
Sec. 493.032. CORRECTIONAL OFFICER TRAINING RELATED TO
PREGNANT INMATES. (a) The department shall provide training
relating to medical and mental health care issues applicable to
pregnant inmates to:
(1) each correctional officer employed by the
department at a facility in which female inmates are confined; and
(2) any other department employee whose duties involve
contact with pregnant inmates.
(b) The training must include information regarding:
(1) appropriate care for pregnant inmates; and
(2) the impact on a pregnant inmate and the inmate's
unborn child of:
(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.
SECTION 2. Subchapter A, Chapter 501, Government Code, is
amended by adding Section 501.0101 to read as follows:
Sec. 501.0101. STUDY OF VISITATION POLICIES; REPORT. (a)
The department shall conduct a study of the effect of the
department's visitation policies under Sections 501.010 and
507.030 on the relationships between inmates or defendants and
their children. In conducting the study, the department shall:
(1) review:
(A) evidence-based visitation practices that
enhance parental bonding and engagement; and
(B) age-appropriate visitation activities for
children that enhance cognitive and motor skills; and
(2) consider implementing changes to the policies to
strengthen the relationships between inmates or defendants and
their children.
(b) Not later than December 31, 2020, the department shall
report the results of the study to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
standing legislative committees with primary jurisdiction over the
department.
(c) This section expires February 1, 2021.
SECTION 3. Subchapter A, Chapter 501, Government Code, is
amended by adding Sections 501.0215 and 501.026 to read as follows:
Sec. 501.0215. EDUCATIONAL PROGRAMMING FOR PREGNANT
INMATES. The department shall develop and provide to each pregnant
inmate educational programming relating to pregnancy and
parenting. The programming must include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and
drugs on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to
children.
Sec. 501.026. LIMITATION ON CERTAIN SEARCHES. The
department shall adopt a policy regarding a search of any room or
other area that occurs while a female inmate who is not fully
clothed is present in the room or area. The policy must:
(1) require that the search be conducted by a female
correctional officer if one is available;
(2) include staffing procedures to ensure the
availability of female officers; and
(3) provide that if it is necessary for a male
correctional officer to conduct the search, the officer must submit
a written report explaining the reasons for the search to the warden
not later than 72 hours after the search.
SECTION 4. Section 501.066(a), Government Code, is amended
to read as follows:
(a) The department may not place [use] restraints around the
ankles, legs, or waist [to control the movement] of a pregnant woman
in the custody of the department at any time after the woman's
pregnancy has been confirmed by a medical professional [during
which the woman is in labor or delivery or recovering from
delivery], unless the director, the [or] director's designee, or a
medical professional determines that the use of restraints is
necessary based on a reasonable belief that the [to:
[(1) ensure the safety and security of the] woman will
harm herself, [or] her unborn child or infant, or any other person
[department or medical personnel, or any member of the public;] or
[(2) prevent a substantial risk that the woman] will
attempt escape.
SECTION 5. Subchapter B, Chapter 501, Government Code, is
amended by adding Sections 501.0665, 501.0666, 501.0667, 501.0675,
and 501.070 to read as follows:
Sec. 501.0665. CERTAIN INVASIVE SEARCHES PROHIBITED. (a)
Except as provided by Subsection (b), any invasive body cavity
search of a pregnant inmate shall be conducted by a medical
professional.
(b) A correctional officer may conduct an invasive body
cavity search of a pregnant inmate only if the officer has a
reasonable belief that the inmate is concealing contraband. An
officer who conducts a search described by this section shall
submit a written report to the warden not later than 72 hours after
the search. The report must:
(1) explain the reasons for the search; and
(2) identify any contraband recovered in the search.
Sec. 501.0666. NUTRITION REQUIREMENTS FOR PREGNANT
INMATES. The department shall ensure that pregnant inmates are
provided sufficient food and dietary supplements, including
prenatal vitamins, as ordered by an appropriate medical
professional.
Sec. 501.0667. INMATE POSTPARTUM RECOVERY REQUIREMENTS.
(a) The department shall ensure that, for a period of 72 hours
after the birth of an infant by an inmate:
(1) the infant is allowed to remain with the inmate,
unless a medical professional determines doing so would pose a
health or safety risk to the inmate or infant; and
(2) the inmate has access to any nutritional or
hygiene-related products necessary to care for the infant,
including diapers.
(b) The department shall make the items described by
Subsection (a)(2) available free of charge to an indigent inmate.
Sec. 501.0675. PROVISION OF FEMININE HYGIENE PRODUCTS. (a)
In this section, "feminine hygiene product" means:
(1) a regular or large size tampon with applicator;
(2) a regular or large size sanitary napkin or
menstrual pad with wings;
(3) a regular size panty liner; or
(4) any other similar item sold for the principal
purpose of feminine hygiene in connection with the menstrual cycle.
(b) On request of a female inmate, the department shall
provide free of charge to the inmate up to 10 feminine hygiene
products per day that comply with applicable federal standards for
comfort, effectiveness, and safety.
Sec. 501.070. TRAUMA HISTORY SCREENING. The department
shall:
(1) screen each female inmate during the diagnostic
process to determine whether the inmate has experienced adverse
childhood experiences or other significant trauma; and
(2) refer the inmate as needed to the appropriate
medical or mental health care professional for treatment.
SECTION 6. Subchapter D, Chapter 501, Government Code, is
amended by adding Section 501.114 to read as follows:
Sec. 501.114. HOUSING REQUIREMENTS APPLICABLE TO PREGNANT
INMATES. (a) The department may not place in administrative
segregation an inmate who is pregnant or who gave birth during the
preceding 30 days unless the director or director's designee
determines that the placement is necessary based on a reasonable
belief that the inmate will harm herself, her unborn child or
infant, or any other person or will attempt escape.
(b) The department may not assign a pregnant inmate to any
bed that is elevated more than three feet above the floor.
SECTION 7. As soon as practicable after the effective date
of this Act, but not later than December 1, 2019, the Texas
Department of Criminal Justice shall adopt rules and policies
necessary to implement this Act.
SECTION 8. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 650 was passed by the House on April
10, 2019, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 650 on May 13, 2019, by the following vote: Yeas 141, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 650 was passed by the Senate, with
amendments, on May 10, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor