Texas 2021 - 87th Regular

Texas House Bill HB1545 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1545
	1	+	By: Cyrier, Sherman, Sr. (Senate Sponsor - Hall) H.B. No. 1545
	2	+	(In the Senate - Received from the House May 3, 2021;
	3	+	May 6, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 13, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 13, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the continuation and functions of the Commission on
6	12		Jail Standards.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 511.003, Government Code, is amended to
9	15		read as follows:
10	16		Sec. 511.003. SUNSET PROVISION. The Commission on Jail
11	17		Standards is subject to Chapter 325 (Texas Sunset Act). Unless
12	18		continued in existence as provided by that chapter, the commission
13	19		is abolished [and this chapter expires] September 1, 2033 [2021].
14	20		SECTION 2. Sections 511.004(h), (i), and (j), Government
15	21		Code, are redesignated as Section 511.00405, Government Code, and
16	22		amended to read as follows:
17	23		Sec. 511.00405. TRAINING. (a) [(h)] A person who is
18	24		appointed to and qualifies for office as a member of the commission
19	25		may not vote, deliberate, or be counted as a member in attendance at
20	26		a meeting of the commission until the person completes a training
21	27		program that complies with this section [Subsection (i)].
22	28		(b) [(i)] The training program [required by Subsection (h)]
23	29		must provide the person with information [to the person] regarding:
24	30		(1) the law governing commission operations [this
25	31		chapter];
26	32		(2) the programs, functions, rules, and budget of the
27	33		commission;
28	34		(3) the scope of and limitations on the rulemaking
29	35		authority of the commission;
30	36		(4) the results of the most recent formal audit of the
31	37		commission;
32	38		(5) [(4)] the requirements of:
33	39		(A) laws relating to open meetings, public
34	40		information, administrative procedure, and disclosing conflicts of
35	41		interest; and
36	42		(B) other laws applicable to members of a state
37	43		policy-making body in performing their duties; and
38	44		(6) [(5)] any applicable ethics policies adopted by
39	45		the commission or the Texas Ethics Commission.
40	46		(c) [(j)] A person appointed to the commission is entitled
41	47		to reimbursement, as provided by the General Appropriations Act,
42	48		for the travel expenses incurred in attending the training program
43	49		[required by Subsection (h)] regardless of whether attendance at
44	50		the program occurs before or after the person qualifies for office.
45	51		(d) The executive director of the commission shall create a
46	52		training manual that includes the information required by
47	53		Subsection (b). The executive director shall distribute a copy of
48	54		the training manual annually to each member of the commission. Each
49	55		member of the commission shall sign and submit to the executive
50	56		director a statement acknowledging that the member received and has
51	57		reviewed the training manual.
52	58		SECTION 3. Section 511.0071, Government Code, is amended by
53	59		amending Subsections (a) and (a-1) and adding Subsections (g) and
54	60		(h) to read as follows:
55	61		(a) The commission shall prepare information of public
56	62		interest describing the functions of the commission [and the
57	63		commission's procedures by which complaints regarding the
58	64		commission and complaints regarding jails under the commission's
59	65		jurisdiction are filed with and resolved by the commission]. The
60	66		commission shall make the information available:
61	67		(1) to the public, inmates, county officials, and
62	68		appropriate state agencies; and
63	69		(2) on any publicly accessible Internet website
64	70		maintained by the commission.
65	71		(a-1) The commission shall adopt rules and procedures
66	72		regarding the receipt, investigation, resolution, and disclosure
67	73		to the public of complaints regarding the commission and complaints
68	74		regarding jails under the commission's jurisdiction that are filed
69	75		with the commission. The commission shall:
70	76		(1) prescribe a form or forms on which written
71	77		complaints regarding the commission and complaints regarding jails
72	78		under the commission's jurisdiction may be filed with the
73	79		commission;
74	80		(2) keep an information file in accordance with
75	81		Section 511.0072 [Subsection (f)] regarding each complaint filed
76	82		with the commission regarding the commission or a jail under the
77	83		commission's jurisdiction;
78	84		(3) develop procedures for prioritizing complaints
79	85		filed with the commission and a reasonable time frame for
80	86		responding to those complaints and appeals of those complaints;
81	87		(4) [maintain a system for promptly and efficiently
82	88		acting on complaints filed with the commission;
83	89		[(5)] develop a procedure for tracking and analyzing
84	90		all complaints filed with the commission, according to criteria
85	91		that must include:
86	92		(A) the reason for or origin of complaints;
87	93		(B) the average number of days that elapse
88	94		between the date on which complaints are filed, the date on which
89	95		the commission first investigates or otherwise responds to
90	96		complaints, and the date on which complaints are resolved;
91	97		(C) the outcome of investigations or the
92	98		resolution of complaints, including dismissals and commission
93	99		actions resulting from complaints;
94	100		(D) the number of pending complaints at the close
95	101		of each fiscal year; [and]
96	102		(E) a list of complaint topics that the
97	103		commission does not have jurisdiction to investigate or resolve;
98	104		[and]
99	105		(F) the detailed categorization of each
100	106		violation alleged in a complaint;
101	107		(G) the comprehensive documentation of each
102	108		violation alleged in a complaint; and
103	109		(H) for a complaint for which the commission took
104	110		no action, the documentation of the reason the complaint was closed
105	111		without action;
106	112		(5) regularly analyze complaints to identify trends,
107	113		including trends with respect to jails with a higher than average
108	114		number of complaints, to determine jails requiring additional
109	115		inspections; and
110	116		(6) regularly prepare and distribute to members of the
111	117		commission and make available to the public a report containing a
112	118		summary of the information compiled under Subdivisions (4) and
113	119		[Subdivision] (5).
114	120		(g) The commission shall adopt rules requiring jail
115	121		administrators to include in any inmate handbook and prominently
116	122		display throughout the jail information regarding the procedure for
117	123		complaint investigation and resolution.
118	124		(h) The commission shall ensure that a jail complies with
119	125		Subsection (g) during any inspection of the jail.
120	126		SECTION 4. Chapter 511, Government Code, is amended by
121	127		adding Section 511.0072 to read as follows:
122	128		Sec. 511.0072. COMPLAINT INFORMATION. (a) The commission
123	129		shall maintain a system to promptly and efficiently act on
124	130		complaints filed with the commission. The commission shall
125	131		maintain information about parties to the complaint, the subject
126	132		matter of the complaint, a summary of the results of the review or
127	133		investigation of the complaint, and its disposition.
128	134		(b) The commission shall make information available
129	135		describing its procedures for complaint investigation and
130	136		resolution.
131	137		(c) The commission shall periodically notify the complaint
132	138		parties of the status of the complaint until final disposition
133	139		unless the notice would jeopardize an investigation.
134	140		SECTION 5. Chapter 511, Government Code, is amended by
135	141		adding Section 511.0081 to read as follows:
136	142		Sec. 511.0081. ADVISORY COMMITTEES. (a) The commission by
137	143		rule may establish advisory committees to make recommendations to
138	144		the commission on programs, rules, and policies administered by the
139	145		commission.
140	146		(b) In establishing an advisory committee under this
141	147		section, the commission shall adopt rules, including rules
142	148		regarding:
143	149		(1) the purpose, role, responsibility, goals, and
144	150		duration of the committee;
145	151		(2) the size of and quorum requirement for the
146	152		committee;
147	153		(3) qualifications for committee membership;
148	154		(4) appointment procedures for members;
149	155		(5) terms of service for members;
150	156		(6) training requirements for members;
151	157		(7) policies to avoid conflicts of interest by
152	158		members;
153	159		(8) a periodic review process to evaluate the
154	160		continuing need for the committee; and
155	161		(9) policies to ensure the committee does not violate
156	162		any provision of Chapter 551 applicable to the commission or the
157	163		committee.
158	164		SECTION 6. Section 511.0085, Government Code, is amended by
159	165		amending Subsection (b) and adding Subsection (c) to read as
160	166		follows:
161	167		(b) The set of risk factors developed under this section may
162	168		include the number of months since the commission's last inspection
163	169		of the jail.
164	170		(c) The commission shall use the set of risk factors
165	171		developed under this section [Subsection (a)] to guide the
166	172		inspections process for all jails under the commission's
167	173		jurisdiction by:
168	174		(1) establishing a risk assessment plan to use in
169	175		assessing the overall risk level of each jail; and
170	176		(2) regularly monitoring the overall risk level of
171	177		each jail.
172	178		SECTION 7. Chapter 511, Government Code, is amended by
173	179		adding Section 511.0086 to read as follows:
174	180		Sec. 511.0086. RISK-BASED INSPECTIONS. (a) The commission
175	181		shall adopt a policy prioritizing the inspection of jails under the
176	182		commission's jurisdiction based on the relative risk level of a
177	183		jail. The policy must require the commission to use the risk
178	184		assessment plan established under Section 511.0085 to:
179	185		(1) schedule announced and unannounced inspections of
180	186		jails under the commission's jurisdiction; and
181	187		(2) determine how frequently and intensively the
182	188		commission conducts risk-based inspections.
183	189		(b) The policy may provide for the commission to use
184	190		alternative inspection methods for jails determined to be low-risk,
185	191		including using abbreviated inspection procedures or other methods
186	192		instead of conducting an in-person inspection.
187	193		SECTION 8. Section 511.009, Government Code, is amended by
188	194		amending Subsections (a), (a-1), and (a-2) and adding Subsection
189	195		(f) to read as follows:
190	196		(a) The commission shall:
191	197		(1) adopt reasonable rules and procedures
192	198		establishing minimum standards for the construction, equipment,
193	199		maintenance, and operation of county jails;
194	200		(2) adopt reasonable rules and procedures
195	201		establishing minimum standards for the custody, care, and treatment
196	202		of prisoners;
197	203		(3) adopt reasonable rules establishing minimum
198	204		standards for the number of jail supervisory personnel and for
199	205		programs and services to meet the needs of prisoners;
200	206		(4) adopt reasonable rules and procedures
201	207		establishing minimum requirements for programs of rehabilitation,
202	208		education, and recreation in county jails;
203	209		(5) regularly review the commission's rules and
204	210		procedures and revise, amend, or change the rules and procedures if
205	211		necessary;
206	212		(6) provide to local government officials
207	213		consultation on and technical assistance for county jails;
208	214		(7) review and comment on plans for the construction
209	215		and major modification or renovation of county jails;
210	216		(8) require that the sheriff and commissioners of each
211	217		county submit to the commission, on a form prescribed by the
212	218		commission, an annual report on the conditions in each county jail
213	219		within their jurisdiction, including all information necessary to
214	220		determine compliance with state law, commission orders, and the
215	221		rules adopted under this chapter;
216	222		(9) review the reports submitted under Subdivision (8)
217	223		and require commission employees to inspect county jails regularly
218	224		to ensure compliance with state law, commission orders, and rules
219	225		and procedures adopted under this chapter;
220	226		(10) adopt a classification system to assist sheriffs
221	227		and judges in determining which defendants are low-risk and
222	228		consequently suitable participants in a county jail work release
223	229		program under Article 42.034, Code of Criminal Procedure;
224	230		(11) adopt rules relating to requirements for
225	231		segregation of classes of inmates and to capacities for county
226	232		jails;
227	233		(12) [require that the chief jailer of each municipal
228	234		lockup submit to the commission, on a form prescribed by the
229	235		commission, an annual report of persons under 17 years of age
230	236		securely detained in the lockup, including all information
231	237		necessary to determine compliance with state law concerning secure
232	238		confinement of children in municipal lockups;
233	239		[(13) at least annually determine whether each county
234	240		jail is in compliance with the rules and procedures adopted under
235	241		this chapter;
236	242		[(14) require that the sheriff and commissioners court
237	243		of each county submit to the commission, on a form prescribed by the
238	244		commission, an annual report of persons under 17 years of age
239	245		securely detained in the county jail, including all information
240	246		necessary to determine compliance with state law concerning secure
241	247		confinement of children in county jails;
242	248		[(15) schedule announced and unannounced inspections
243	249		of jails under the commission's jurisdiction using the risk
244	250		assessment plan established under Section 511.0085 to guide the
245	251		inspections process;
246	252		[(16)] adopt a policy for gathering and distributing
247	253		to jails under the commission's jurisdiction information
248	254		regarding:
249	255		(A) common issues concerning jail
250	256		administration;
251	257		(B) examples of successful strategies for
252	258		maintaining compliance with state law and the rules, standards, and
253	259		procedures of the commission; and
254	260		(C) solutions to operational challenges for
255	261		jails;
256	262		(13) [(17)] report to the Texas Correctional Office on
257	263		Offenders with Medical or Mental Impairments on a jail's compliance
258	264		with Article 16.22, Code of Criminal Procedure;
259	265		(14) [(18)] adopt reasonable rules and procedures
260	266		establishing minimum requirements for a county jail to:
261	267		(A) determine if a prisoner is pregnant;
262	268		(B) ensure that the jail's health services plan
263	269		addresses medical care, including obstetrical and gynecological
264	270		care, mental health care, nutritional requirements, and any special
265	271		housing or work assignment needs for prisoners who are known or
266	272		determined to be pregnant; and
267	273		(C) identify when a pregnant prisoner is in labor
268	274		and provide appropriate care to the prisoner, including promptly
269	275		transporting the prisoner to a local hospital;
270	276		(15) [(19)] provide guidelines to sheriffs regarding
271	277		contracts between a sheriff and another entity for the provision of
272	278		food services to or the operation of a commissary in a jail under
273	279		the commission's jurisdiction, including specific provisions
274	280		regarding conflicts of interest and avoiding the appearance of
275	281		impropriety;
276	282		(16) [(20)] adopt reasonable rules and procedures
277	283		establishing minimum standards for prisoner visitation that
278	284		provide each prisoner at a county jail with a minimum of two
279	285		in-person, noncontact visitation periods per week of at least 20
280	286		minutes duration each;
281	287		(17) [(21)] require the sheriff of each county to:
282	288		(A) investigate and verify the veteran status of
283	289		each prisoner by using data made available from the Veterans
284	290		Reentry Search Service (VRSS) operated by the United States
285	291		Department of Veterans Affairs or a similar service; and
286	292		(B) use the data described by Paragraph (A) to
287	293		assist prisoners who are veterans in applying for federal benefits
288	294		or compensation for which the prisoners may be eligible under a
289	295		program administered by the United States Department of Veterans
290	296		Affairs;
291	297		(18) [(22)] adopt reasonable rules and procedures
292	298		regarding visitation of a prisoner at a county jail by a guardian,
293	299		as defined by Section 1002.012, Estates Code, that:
294	300		(A) allow visitation by a guardian to the same
295	301		extent as the prisoner's next of kin, including placing the
296	302		guardian on the prisoner's approved visitors list on the guardian's
297	303		request and providing the guardian access to the prisoner during a
298	304		facility's standard visitation hours if the prisoner is otherwise
299	305		eligible to receive visitors; and
300	306		(B) require the guardian to provide the sheriff
301	307		with letters of guardianship issued as provided by Section
302	308		1106.001, Estates Code, before being allowed to visit the prisoner;
303	309		(19) [(23)] adopt reasonable rules and procedures to
304	310		ensure the safety of prisoners, including rules and procedures that
305	311		require a county jail to:
306	312		(A) give prisoners the ability to access a mental
307	313		health professional at the jail or through a telemental health
308	314		service 24 hours a day or, if a mental health professional is not at
309	315		the county jail at the time, then require the jail to use all
310	316		reasonable efforts to arrange for the inmate to have access to a
311	317		mental health professional within a reasonable time;
312	318		(B) give prisoners the ability to access a health
313	319		professional at the jail or through a telehealth service 24 hours a
314	320		day or, if a health professional is unavailable at the jail or
315	321		through a telehealth service, provide for a prisoner to be
316	322		transported to access a health professional; and
317	323		(C) if funding is available under Section
318	324		511.019, install automated electronic sensors or cameras to ensure
319	325		accurate and timely in-person checks of cells or groups of cells
320	326		confining at-risk individuals; and
321	327		(20) [(24)] adopt reasonable rules and procedures
322	328		establishing minimum standards for the quantity and quality of
323	329		feminine hygiene products, including tampons in regular and large
324	330		sizes and menstrual pads with wings in regular and large sizes,
325	331		provided to a female prisoner.
326	332		(a-1) A county jail that as of September 1, 2015, has
327	333		incurred significant design, engineering, or construction costs to
328	334		provide prisoner visitation that does not comply with a rule or
329	335		procedure adopted under Subsection (a)(16) [(a)(20)], or does not
330	336		have the physical plant capability to provide the in-person
331	337		prisoner visitation required by a rule or procedure adopted under
332	338		Subsection (a)(16) [(a)(20)], is not required to comply with any
333	339		commission rule or procedure adopted under Subsection (a)(16)
334	340		[(a)(20)].
335	341		(a-2) A commission rule or procedure adopted under
336	342		Subsection (a)(16) [(a)(20)] may not restrict the authority of a
337	343		county jail under the commission's rules in effect on September 1,
338	344		2015, to limit prisoner visitation for disciplinary reasons.
339	345		(f) The commission's compliance with the requirements of
340	346		this section, particularly the requirements regarding the adoption
341	347		of rules and procedures, is not contingent on the enactment and
342	348		becoming law of any additional legislation.
343	349		SECTION 9. Chapter 511, Government Code, is amended by
344	350		adding Sections 511.00901, 511.00902, and 511.00903 to read as
345	351		follows:
346	352		Sec. 511.00901. DUTY REGARDING MINIMUM STANDARDS. (a) The
347	353		commission shall ensure that the minimum standards established
348	354		under Section 511.009 take into consideration the needs and risks
349	355		of the different types and sizes of jails under the commission's
350	356		jurisdiction.
351	357		(b) The commission shall, on an ongoing basis, review the
352	358		minimum standards to identify any standards that do not account for
353	359		the needs and risks of the different types and sizes of jails. In
354	360		conducting the review, the commission shall solicit feedback from a
355	361		diverse collection of jails, including those of different types and
356	362		sizes.
357	363		(c) The commission shall revise any standards identified
358	364		under Subsection (b) as the commission considers necessary. In
359	365		revising a standard, the commission shall consider:
360	366		(1) establishing tiered or separate standards
361	367		depending on the size, resources, or type of jail;
362	368		(2) clarifying or amending existing standards; and
363	369		(3) publishing guidance on the commission's rule
364	370		interpretations.
365	371		(d) The commission may not lower any standard in effect on
366	372		September 1, 2021, as a result of a review conducted under this
367	373		section.
368	374		Sec. 511.00902. REINSPECTION. The commission shall adopt
369	375		rules and procedures for reinspecting a jail following a
370	376		determination by the commission that the jail is not in compliance
371	377		with minimum standards. The rules and procedures must require the
372	378		commission to:
373	379		(1) reinspect all jails not in compliance;
374	380		(2) establish a percentage of reinspections for which
375	381		the commission shall assess the jail's compliance with all minimum
376	382		standards, regardless of whether the jail was in compliance with a
377	383		particular standard during the previous inspection; and
378	384		(3) randomly select the jails subject to a
379	385		reinspection described by Subdivision (2).
380	386		Sec. 511.00903. INSPECTION TREND ANALYSIS. The commission
381	387		shall regularly analyze data collected during inspections or
382	388		reported to the commission under this chapter to identify trends in
383	389		noncompliance, inspection outcomes, serious incidents, and any
384	390		other related area of jail operations.
385	391		SECTION 10. Chapter 511, Government Code, is amended by
386	392		adding Section 511.0145 to read as follows:
387	393		Sec. 511.0145. ENFORCEMENT ACTIONS. (a) The commission
388	394		shall adopt rules establishing a system of graduated, escalating
389	395		enforcement actions the commission is authorized under this chapter
390	396		to take against jails under the commission's jurisdiction that:
391	397		(1) have not made timely progress correcting
392	398		noncompliance issues; or
393	399		(2) have failed multiple inspections within a certain
394	400		number of years as determined by the commission.
395	401		(b) The rules must establish time frames for the commission
396	402		to take certain graduated, escalating enforcement actions against
397	403		jails.
398	404		(c) The commission shall develop a schedule of actions to
399	405		guide the enforcement actions the commission may take under rules
400	406		adopted under Subsection (a). The commission shall make the
401	407		schedule available on any publicly accessible Internet website
402	408		maintained by the commission. The schedule must:
403	409		(1) recommend the appropriate enforcement action
404	410		based on the severity of the noncompliance; and
405	411		(2) include consideration of any:
406	412		(A) aggravating factors, including repeat
407	413		violations and failing consecutive inspections; and
408	414		(B) mitigating factors.
409	415		SECTION 11. Section 511.019(c), Government Code, is amended
410	416		to read as follows:
411	417		(c) Money in the fund may be appropriated only to the
412	418		commission to pay for capital improvements that are required under
413	419		Section 511.009(a)(19) [511.009(a)(23)].
414	420		SECTION 12. Section 511.021, Government Code, is amended by
415	421		amending Subsections (a) and (b) and adding Subsection (c) to read
416	422		as follows:
417	423		(a) On the death of a prisoner in a county jail, the
418	424		commission shall appoint a law enforcement agency, other than the
419	425		local law enforcement agency that operates the county jail, to
420	426		investigate the death as soon as possible. Except as otherwise
421	427		provided by Subsection (b), the appointed law enforcement agency
422	428		shall conduct the investigation.
423	429		(b) A law enforcement agency appointed by the commission
424	430		under Subsection (a) may present evidence to the commission that
425	431		investigating the death would create a conflict of interest that
426	432		cannot be mitigated by the law enforcement agency. If the
427	433		commission determines that the conflict of interest cannot be
428	434		mitigated, the commission shall appoint another law enforcement
429	435		agency under Subsection (a) to investigate the death.
430	436		(c) The commission shall adopt any rules necessary relating
431	437		to the appointment of a law enforcement agency under Subsection
432	438		(a), including rules relating to cooperation between law
433	439		enforcement agencies and to procedures for handling evidence.
434	440		SECTION 13. Sections 511.0071(e) and (f), Government Code,
435	441		are repealed.
436	442		SECTION 14. Not later than March 1, 2022, the Commission on
437	443		Jail Standards shall develop the rules required by Section
438	444		511.0071(g), Government Code, as added by this Act. Not later than
439	445		April 1, 2022, each jail under the jurisdiction of the Commission on
440	446		Jail Standards shall post the information and update the inmate
441	447		handbooks as necessary to comply with the commission's rules
442	448		adopted under that section.
443	449		SECTION 15. (a) Except as provided by Subsection (b) of this
444	450		section, Section 511.00405, Government Code, as redesignated and
445	451		amended by this Act, applies to a member of the Commission on Jail
446	452		Standards appointed before, on, or after the effective date of this
447	453		Act.
448	454		(b) A member of the Commission on Jail Standards who, before
449	455		the effective date of this Act, completed the training program
450	456		required by Section 511.004, Government Code, as that law existed
451	457		before the effective date of this Act, is only required to complete
452	458		additional training on the subjects added by this Act to the
453	459		training program required by Section 511.00405, Government Code, as
454	460		redesignated and amended by this Act. A member described by this
455	461		subsection may not vote, deliberate, or be counted as a member in
456	462		attendance at a meeting of the commission held on or after December
457	463		1, 2021, until the member completes the additional training.
458	464		SECTION 16. This Act takes effect September 1, 2021.
459		-	______________________________ ______________________________
460		-	President of the Senate Speaker of the House
461		-	I certify that H.B. No. 1545 was passed by the House on April
462		-	30, 2021, by the following vote: Yeas 130, Nays 0, 2 present, not
463		-	voting.
464		-	______________________________
465		-	Chief Clerk of the House
466		-	I certify that H.B. No. 1545 was passed by the Senate on May
467		-	19, 2021, by the following vote: Yeas 31, Nays 0.
468		-	______________________________
469		-	Secretary of the Senate
470		-	APPROVED: _____________________
471		-	Date
472		-	_____________________
473		-	Governor
	465	+	* * * * *