Texas 2021 - 87th Regular

Texas House Bill HB1092 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Romero, Jr., White, Minjarez H.B. No. 1092
	1	+	87R4411 JRR-D
	2	+	By: Romero, Jr., White H.B. No. 1092
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to the verification of the veteran status of inmates and
7	8		prisoners.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 8(a), Article 42.09, Code of Criminal
10		-	Procedure, is amended to read as follows:
11		-	(a) A county that transfers a defendant to the Texas
12		-	Department of Criminal Justice under this article shall deliver to
13		-	an officer designated by the department:
14		-	(1) a copy of the judgment entered pursuant to Article
15		-	42.01, completed on a standardized felony judgment form described
16		-	by Section 4 of that article;
17		-	(2) a copy of any order revoking community supervision
18		-	and imposing sentence pursuant to Article 42A.755, including:
19		-	(A) any amounts owed for restitution, fines, and
20		-	court costs, completed on a standardized felony judgment form
21		-	described by Section 4, Article 42.01; and
22		-	(B) a copy of the client supervision plan
23		-	prepared for the defendant by the community supervision and
24		-	corrections department supervising the defendant, if such a plan
25		-	was prepared;
26		-	(3) a written report that states the nature and the
27		-	seriousness of each offense and that states the citation to the
28		-	provision or provisions of the Penal Code or other law under which
29		-	the defendant was convicted;
30		-	(4) a copy of the victim impact statement, if one has
31		-	been prepared in the case under Subchapter D, Chapter 56A;
32		-	(5) a statement as to whether there was a change in
33		-	venue in the case and, if so, the names of the county prosecuting
34		-	the offense and the county in which the case was tried;
35		-	(6) if requested, information regarding the criminal
36		-	history of the defendant, including the defendant's state
37		-	identification number if the number has been issued;
38		-	(7) a copy of the indictment or information for each
39		-	offense;
40		-	(8) a checklist sent by the department to the county
41		-	and completed by the county in a manner indicating that the
42		-	documents required by this subsection and Subsection (c) accompany
43		-	the defendant;
44		-	(9) if prepared, a copy of a presentence or
45		-	postsentence report prepared under Subchapter F, Chapter 42A;
46		-	(10) a copy of any detainer, issued by an agency of the
47		-	federal government, that is in the possession of the county and that
48		-	has been placed on the defendant;
49		-	(11) if prepared, a copy of the defendant's Texas
50		-	Uniform Health Status Update Form;
51		-	(12) a written description of a hold or warrant,
52		-	issued by any other jurisdiction, that the county is aware of and
53		-	that has been placed on or issued for the defendant; [and]
54		-	(13) a copy of any mental health records, mental
55		-	health screening reports, or similar information regarding the
56		-	mental health of the defendant; and
57		-	(14) the veteran status of the defendant as determined
58		-	by an investigation conducted in accordance with Section
59		-	511.009(a)(21)(A), Government Code.
60		-	SECTION 2. Section 501.024(b), Government Code, is amended
	10	+	SECTION 1. Section 501.024(b), Government Code, is amended
61	11		to read as follows:
62	12		(b) The department shall:
63	13		(1) in consultation with the Texas Veterans
64	14		Commission, investigate and verify the veteran status of each
65	15		inmate by using the best available federal data; and
66	16		(2) use the data described by Subdivision (1) to
67	17		assist inmates who are veterans in applying for federal benefits or
68	18		compensation for which the inmates may be eligible under a program
69	19		administered by the United States Department of Veterans Affairs,
70	20		including mailing any related paperwork, application, or other
71	21		correspondence on behalf of and at no charge to the inmate.
72		-	SECTION 3. Section 511.009(a), Government Code, is amended
	22	+	SECTION 2. Section 511.009(a), Government Code, is amended
73	23		to read as follows:
74	24		(a) The commission shall:
75	25		(1) adopt reasonable rules and procedures
76	26		establishing minimum standards for the construction, equipment,
77	27		maintenance, and operation of county jails;
78	28		(2) adopt reasonable rules and procedures
79	29		establishing minimum standards for the custody, care, and treatment
80	30		of prisoners;
81	31		(3) adopt reasonable rules establishing minimum
82	32		standards for the number of jail supervisory personnel and for
83	33		programs and services to meet the needs of prisoners;
84	34		(4) adopt reasonable rules and procedures
85	35		establishing minimum requirements for programs of rehabilitation,
86	36		education, and recreation in county jails;
87	37		(5) revise, amend, or change rules and procedures if
88	38		necessary;
89	39		(6) provide to local government officials
90	40		consultation on and technical assistance for county jails;
91	41		(7) review and comment on plans for the construction
92	42		and major modification or renovation of county jails;
93	43		(8) require that the sheriff and commissioners of each
94	44		county submit to the commission, on a form prescribed by the
95	45		commission, an annual report on the conditions in each county jail
96	46		within their jurisdiction, including all information necessary to
97	47		determine compliance with state law, commission orders, and the
98	48		rules adopted under this chapter;
99	49		(9) review the reports submitted under Subdivision (8)
100	50		and require commission employees to inspect county jails regularly
101	51		to ensure compliance with state law, commission orders, and rules
102	52		and procedures adopted under this chapter;
103	53		(10) adopt a classification system to assist sheriffs
104	54		and judges in determining which defendants are low-risk and
105	55		consequently suitable participants in a county jail work release
106	56		program under Article 42.034, Code of Criminal Procedure;
107	57		(11) adopt rules relating to requirements for
108	58		segregation of classes of inmates and to capacities for county
109	59		jails;
110	60		(12) require that the chief jailer of each municipal
111	61		lockup submit to the commission, on a form prescribed by the
112	62		commission, an annual report of persons under 17 years of age
113	63		securely detained in the lockup, including all information
114	64		necessary to determine compliance with state law concerning secure
115	65		confinement of children in municipal lockups;
116	66		(13) at least annually determine whether each county
117	67		jail is in compliance with the rules and procedures adopted under
118	68		this chapter;
119	69		(14) require that the sheriff and commissioners court
120	70		of each county submit to the commission, on a form prescribed by the
121	71		commission, an annual report of persons under 17 years of age
122	72		securely detained in the county jail, including all information
123	73		necessary to determine compliance with state law concerning secure
124	74		confinement of children in county jails;
125	75		(15) schedule announced and unannounced inspections
126	76		of jails under the commission's jurisdiction using the risk
127	77		assessment plan established under Section 511.0085 to guide the
128	78		inspections process;
129	79		(16) adopt a policy for gathering and distributing to
130	80		jails under the commission's jurisdiction information regarding:
131	81		(A) common issues concerning jail
132	82		administration;
133	83		(B) examples of successful strategies for
134	84		maintaining compliance with state law and the rules, standards, and
135	85		procedures of the commission; and
136	86		(C) solutions to operational challenges for
137	87		jails;
138	88		(17) report to the Texas Correctional Office on
139	89		Offenders with Medical or Mental Impairments on a jail's compliance
140	90		with Article 16.22, Code of Criminal Procedure;
141	91		(18) adopt reasonable rules and procedures
142	92		establishing minimum requirements for a county jail to:
143	93		(A) determine if a prisoner is pregnant;
144	94		(B) ensure that the jail's health services plan
145	95		addresses medical care, including obstetrical and gynecological
146	96		care, mental health care, nutritional requirements, and any special
147	97		housing or work assignment needs for prisoners who are known or
148	98		determined to be pregnant; and
149	99		(C) identify when a pregnant prisoner is in labor
150	100		and provide appropriate care to the prisoner, including promptly
151	101		transporting the prisoner to a local hospital;
152	102		(19) provide guidelines to sheriffs regarding
153	103		contracts between a sheriff and another entity for the provision of
154	104		food services to or the operation of a commissary in a jail under
155	105		the commission's jurisdiction, including specific provisions
156	106		regarding conflicts of interest and avoiding the appearance of
157	107		impropriety;
158	108		(20) adopt reasonable rules and procedures
159	109		establishing minimum standards for prisoner visitation that
160	110		provide each prisoner at a county jail with a minimum of two
161	111		in-person, noncontact visitation periods per week of at least 20
162	112		minutes duration each;
163	113		(21) require the sheriff of each county to:
164	114		(A) investigate and verify the veteran status of
165	115		each prisoner during the intake process by using data made
166	116		available from the Veterans Reentry Search Service (VRSS) operated
167	117		by the United States Department of Veterans Affairs or a similar
168	118		service; [and]
169	119		(B) use the data described by Paragraph (A) to
170	120		assist prisoners who are veterans in applying for federal benefits
171	121		or compensation for which the prisoners may be eligible under a
172	122		program administered by the United States Department of Veterans
173	123		Affairs, including providing the prisoner on verification of the
174	124		prisoner's veteran status with a prepaid postcard that is supplied
175	125		by the Texas Veterans Commission for purposes of requesting
176	126		assistance in applying for veterans benefits;
177	127		(C) submit a daily report identifying each
178	128		prisoner whose veteran status was verified under Paragraph (A)
179	129		during the previous day to the Texas Veterans Commission and, as
180	130		applicable, the veterans county service officer for the county and
181	131		each court in which charges against a prisoner identified in the
182	132		report are pending; and
183	133		(D) allow for a prisoner whose veteran status has
184	134		been verified under Paragraph (A) to have in-person or video
185	135		visitation with the veterans county service officer for the county
186		-	or a peer ~~service~~ coordinator at no cost to the prisoner;
	136	+	or a peer support coordinator at no cost to the prisoner;
187	137		(22) adopt reasonable rules and procedures regarding
188	138		visitation of a prisoner at a county jail by a guardian, as defined
189	139		by Section 1002.012, Estates Code, that:
190	140		(A) allow visitation by a guardian to the same
191	141		extent as the prisoner's next of kin, including placing the
192	142		guardian on the prisoner's approved visitors list on the guardian's
193	143		request and providing the guardian access to the prisoner during a
194	144		facility's standard visitation hours if the prisoner is otherwise
195	145		eligible to receive visitors; and
196	146		(B) require the guardian to provide the sheriff
197	147		with letters of guardianship issued as provided by Section
198	148		1106.001, Estates Code, before being allowed to visit the prisoner;
199	149		(23) adopt reasonable rules and procedures to ensure
200	150		the safety of prisoners, including rules and procedures that
201	151		require a county jail to:
202	152		(A) give prisoners the ability to access a mental
203	153		health professional at the jail or through a telemental health
204	154		service 24 hours a day or, if a mental health professional is not at
205	155		the county jail at the time, then require the jail to use all
206	156		reasonable efforts to arrange for the inmate to have access to a
207	157		mental health professional within a reasonable time;
208	158		(B) give prisoners the ability to access a health
209	159		professional at the jail or through a telehealth service 24 hours a
210	160		day or, if a health professional is unavailable at the jail or
211	161		through a telehealth service, provide for a prisoner to be
212	162		transported to access a health professional; and
213	163		(C) if funding is available under Section
214	164		511.019, install automated electronic sensors or cameras to ensure
215	165		accurate and timely in-person checks of cells or groups of cells
216	166		confining at-risk individuals; and
217	167		(24) adopt reasonable rules and procedures
218	168		establishing minimum standards for the quantity and quality of
219	169		feminine hygiene products, including tampons in regular and large
220	170		sizes and menstrual pads with wings in regular and large sizes,
221	171		provided to a female prisoner.
222		-	SECTION 4. This Act takes effect September 1, 2021.
	172	+	SECTION 3. This Act takes effect September 1, 2021.