| 1 | 1 | | 86R14063 JG-F |
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| 2 | 2 | | By: Whitmire S.B. No. 2187 |
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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 the appointment of a compliance monitor to oversee |
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| 8 | 8 | | certain county jails. |
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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 511.008, Government Code, is amended by |
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| 11 | 11 | | adding Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a-1) The commission shall employ compliance monitors as |
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| 13 | 13 | | necessary to oversee compliance efforts of county jails under |
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| 14 | 14 | | Section 511.0122. The commission may employ assistant compliance |
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| 15 | 15 | | monitors as necessary to assist a compliance monitor. |
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| 16 | 16 | | SECTION 2. Chapter 511, Government Code, is amended by |
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| 17 | 17 | | adding Section 511.0122 to read as follows: |
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| 18 | 18 | | Sec. 511.0122. COMPLIANCE MONITORING. (a) The commission |
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| 19 | 19 | | shall, on the issuance of three reports of noncompliance under |
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| 20 | 20 | | Section 511.011 during an 18-month period or the issuance of five |
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| 21 | 21 | | reports of noncompliance under Section 511.011 during a 36-month |
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| 22 | 22 | | period, issue a remedial order appointing a compliance monitor to |
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| 23 | 23 | | oversee compliance efforts of the county jail for which the |
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| 24 | 24 | | findings of noncompliance were made. |
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| 25 | 25 | | (b) A compliance monitor shall develop a compliance plan for |
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| 26 | 26 | | a county jail under this section. The plan must ensure that the |
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| 27 | 27 | | county jail corrects the issues identified in the reports of |
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| 28 | 28 | | noncompliance issued to the county jail. The compliance monitor |
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| 29 | 29 | | shall provide monthly reports to the sheriff, county judge, |
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| 30 | 30 | | executive director, and commission on the county jail's progress |
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| 31 | 31 | | toward meeting the requirements of the compliance plan. |
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| 32 | 32 | | (c) A compliance monitor shall continue to oversee a county |
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| 33 | 33 | | jail under this section for a period of six months after the date |
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| 34 | 34 | | the commission determines that the county jail is in compliance |
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| 35 | 35 | | with applicable state law and commission rules, standards, and |
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| 36 | 36 | | procedures. If a report of noncompliance under Section 511.011 is |
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| 37 | 37 | | issued to a county jail during the 12-month period after the county |
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| 38 | 38 | | jail becomes compliant in accordance with this section, the |
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| 39 | 39 | | commission shall promptly issue a remedial order appointing a |
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| 40 | 40 | | compliance monitor to oversee compliance efforts of the county jail |
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| 41 | 41 | | in accordance with this section. |
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| 42 | 42 | | (d) The commission shall continue to conduct annual and |
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| 43 | 43 | | other routine or special inspections during the period that a |
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| 44 | 44 | | compliance monitor is overseeing a county jail. |
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| 45 | 45 | | (e) The county in which the county jail overseen by a |
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| 46 | 46 | | compliance monitor is located shall reimburse the commission for |
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| 47 | 47 | | all costs incurred by the commission in overseeing the county jail, |
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| 48 | 48 | | including the amount of the salary and benefits paid to the |
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| 49 | 49 | | compliance monitor and any assistant compliance monitors. |
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| 50 | 50 | | (f) The commission shall adopt rules to implement this |
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| 51 | 51 | | section. |
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| 52 | 52 | | SECTION 3. As soon as practicable after the effective date |
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| 53 | 53 | | of this Act, the Commission on Jail Standards shall adopt rules as |
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| 54 | 54 | | necessary to implement Section 511.0122, Government Code, as added |
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| 55 | 55 | | by this Act. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2019. |
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