Texas 2023 - 88th Regular

Texas House Bill HB2749 Compare Versions

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1	1	88R10339 MZM-D
2	2	By: Romero, Jr., et al. H.B. No. 2749
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the verification of the veteran status of inmates and
8	8	prisoners.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 8(a), Article 42.09, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(a) A county that transfers a defendant to the Texas
13	13	Department of Criminal Justice under this article shall deliver to
14	14	an officer designated by the department:
15	15	(1) a copy of the judgment entered pursuant to Article
16	16	42.01, completed on a standardized felony judgment form described
17	17	by Section 4 of that article;
18	18	(2) a copy of any order revoking community supervision
19	19	and imposing sentence pursuant to Article 42A.755, including:
20	20	(A) any amounts owed for restitution, fines, and
21	21	court costs, completed on a standardized felony judgment form
22	22	described by Section 4, Article 42.01; and
23	23	(B) a copy of the client supervision plan
24	24	prepared for the defendant by the community supervision and
25	25	corrections department supervising the defendant, if such a plan
26	26	was prepared;
27	27	(3) a written report that states the nature and the
28	28	seriousness of each offense and that states the citation to the
29	29	provision or provisions of the Penal Code or other law under which
30	30	the defendant was convicted;
31	31	(4) a copy of the victim impact statement, if one has
32	32	been prepared in the case under Subchapter D, Chapter 56A;
33	33	(5) a statement as to whether there was a change in
34	34	venue in the case and, if so, the names of the county prosecuting
35	35	the offense and the county in which the case was tried;
36	36	(6) if requested, information regarding the criminal
37	37	history of the defendant, including the defendant's state
38	38	identification number if the number has been issued;
39	39	(7) a copy of the indictment or information for each
40	40	offense;
41	41	(8) a checklist sent by the department to the county
42	42	and completed by the county in a manner indicating that the
43	43	documents required by this subsection and Subsection (c) accompany
44	44	the defendant;
45	45	(9) if prepared, a copy of a presentence or
46	46	postsentence report prepared under Subchapter F, Chapter 42A;
47	47	(10) a copy of any detainer, issued by an agency of the
48	48	federal government, that is in the possession of the county and that
49	49	has been placed on the defendant;
50	50	(11) if prepared, a copy of the defendant's Texas
51	51	Uniform Health Status Update Form;
52	52	(12) a written description of a hold or warrant,
53	53	issued by any other jurisdiction, that the county is aware of and
54	54	that has been placed on or issued for the defendant; [and]
55	55	(13) a copy of any mental health records, mental
56	56	health screening reports, or similar information regarding the
57	57	mental health of the defendant; and
58	58	(14) the veteran status of the defendant as determined
59	59	by an investigation conducted in accordance with Section
60	60	511.009(a)(17)(A), Government Code.
61	61	SECTION 2. Section 501.024(b), Government Code, is amended
62	62	to read as follows:
63	63	(b) The department shall:
64	64	(1) in consultation with the Texas Veterans
65	65	Commission, investigate and verify the veteran status of each
66	66	inmate by using the best available federal data; and
67	67	(2) use the data described by Subdivision (1) to
68	68	assist inmates who are veterans in applying for federal benefits or
69	69	compensation for which the inmates may be eligible under a program
70	70	administered by the United States Department of Veterans Affairs,
71	71	including mailing any related paperwork, application, or other
72	72	correspondence on behalf of and at no charge to the inmate.
73	73	SECTION 3. Section 511.009(a), Government Code, is amended
74	74	to read as follows:
75	75	(a) The commission shall:
76	76	(1) adopt reasonable rules and procedures
77	77	establishing minimum standards for the construction, equipment,
78	78	maintenance, and operation of county jails;
79	79	(2) adopt reasonable rules and procedures
80	80	establishing minimum standards for the custody, care, and treatment
81	81	of prisoners;
82	82	(3) adopt reasonable rules establishing minimum
83	83	standards for the number of jail supervisory personnel and for
84	84	programs and services to meet the needs of prisoners;
85	85	(4) adopt reasonable rules and procedures
86	86	establishing minimum requirements for programs of rehabilitation,
87	87	education, and recreation in county jails;
88	88	(5) regularly review the commission's rules and
89	89	procedures and revise, amend, or change the rules and procedures if
90	90	necessary;
91	91	(6) provide to local government officials
92	92	consultation on and technical assistance for county jails;
93	93	(7) review and comment on plans for the construction
94	94	and major modification or renovation of county jails;
95	95	(8) require that the sheriff and commissioners of each
96	96	county submit to the commission, on a form prescribed by the
97	97	commission, an annual report on the conditions in each county jail
98	98	within their jurisdiction, including all information necessary to
99	99	determine compliance with state law, commission orders, and the
100	100	rules adopted under this chapter;
101	101	(9) review the reports submitted under Subdivision (8)
102	102	and require commission employees to inspect county jails regularly
103	103	to ensure compliance with state law, commission orders, and rules
104	104	and procedures adopted under this chapter;
105	105	(10) adopt a classification system to assist sheriffs
106	106	and judges in determining which defendants are low-risk and
107	107	consequently suitable participants in a county jail work release
108	108	program under Article 42.034, Code of Criminal Procedure;
109	109	(11) adopt rules relating to requirements for
110	110	segregation of classes of inmates and to capacities for county
111	111	jails;
112	112	(12) adopt a policy for gathering and distributing to
113	113	jails under the commission's jurisdiction information regarding:
114	114	(A) common issues concerning jail
115	115	administration;
116	116	(B) examples of successful strategies for
117	117	maintaining compliance with state law and the rules, standards, and
118	118	procedures of the commission; and
119	119	(C) solutions to operational challenges for
120	120	jails;
121	121	(13) report to the Texas Correctional Office on
122	122	Offenders with Medical or Mental Impairments on a jail's compliance
123	123	with Article 16.22, Code of Criminal Procedure;
124	124	(14) adopt reasonable rules and procedures
125	125	establishing minimum requirements for a county jail to:
126	126	(A) determine if a prisoner is pregnant;
127	127	(B) ensure that the jail's health services plan
128	128	addresses medical care, including obstetrical and gynecological
129	129	care, mental health care, nutritional requirements, and any special
130	130	housing or work assignment needs for prisoners who are known or
131	131	determined to be pregnant; and
132	132	(C) identify when a pregnant prisoner is in labor
133	133	and provide appropriate care to the prisoner, including promptly
134	134	transporting the prisoner to a local hospital;
135	135	(15) provide guidelines to sheriffs regarding
136	136	contracts between a sheriff and another entity for the provision of
137	137	food services to or the operation of a commissary in a jail under
138	138	the commission's jurisdiction, including specific provisions
139	139	regarding conflicts of interest and avoiding the appearance of
140	140	impropriety;
141	141	(16) adopt reasonable rules and procedures
142	142	establishing minimum standards for prisoner visitation that
143	143	provide each prisoner at a county jail with a minimum of two
144	144	in-person, noncontact visitation periods per week of at least 20
145	145	minutes duration each;
146	146	(17) require the sheriff of each county to:
147	147	(A) investigate and verify the veteran status of
148	148	each prisoner during the intake process by using data made
149	149	available from the Veterans Reentry Search Service (VRSS) operated
150	150	by the United States Department of Veterans Affairs or a similar
151	151	service; [and]
152	152	(B) use the data described by Paragraph (A) to
153	153	assist prisoners who are veterans in applying for federal benefits
154	154	or compensation for which the prisoners may be eligible under a
155	155	program administered by the United States Department of Veterans
156	156	Affairs, including providing the prisoner on verification of the
157	157	prisoner's veteran status with a prepaid postcard that is supplied
158	158	by the Texas Veterans Commission for purposes of requesting
159	159	assistance in applying for veterans benefits;
160	160	(C) submit a daily report identifying each
161	161	prisoner whose veteran status was verified under Paragraph (A)
162	162	during the previous day to the Texas Veterans Commission and, as
163	163	applicable, the veterans county service officer for the county and
164	164	each court in which charges against a prisoner identified in the
165	165	report are pending; and
166	166	(D) allow for a prisoner whose veteran status has
167	167	been verified under Paragraph (A) to have in-person or video
168	168	visitation with the veterans county service officer for the county
169	169	or a peer service coordinator at no cost to the prisoner;
170	170	(18) adopt reasonable rules and procedures regarding
171	171	visitation of a prisoner at a county jail by a guardian, as defined
172	172	by Section 1002.012, Estates Code, that:
173	173	(A) allow visitation by a guardian to the same
174	174	extent as the prisoner's next of kin, including placing the
175	175	guardian on the prisoner's approved visitors list on the guardian's
176	176	request and providing the guardian access to the prisoner during a
177	177	facility's standard visitation hours if the prisoner is otherwise
178	178	eligible to receive visitors; and
179	179	(B) require the guardian to provide the sheriff
180	180	with letters of guardianship issued as provided by Section
181	181	1106.001, Estates Code, before being allowed to visit the prisoner;
182	182	(19) adopt reasonable rules and procedures to ensure
183	183	the safety of prisoners, including rules and procedures that
184	184	require a county jail to:
185	185	(A) give prisoners the ability to access a mental
186	186	health professional at the jail or through a telemental health
187	187	service 24 hours a day or, if a mental health professional is not at
188	188	the county jail at the time, then require the jail to use all
189	189	reasonable efforts to arrange for the inmate to have access to a
190	190	mental health professional within a reasonable time;
191	191	(B) give prisoners the ability to access a health
192	192	professional at the jail or through a telehealth service 24 hours a
193	193	day or, if a health professional is unavailable at the jail or
194	194	through a telehealth service, provide for a prisoner to be
195	195	transported to access a health professional; and
196	196	(C) if funding is available under Section
197	197	511.019, install automated electronic sensors or cameras to ensure
198	198	accurate and timely in-person checks of cells or groups of cells
199	199	confining at-risk individuals; and
200	200	(20) adopt reasonable rules and procedures
201	201	establishing minimum standards for the quantity and quality of
202	202	feminine hygiene products, including tampons in regular and large
203	203	sizes and menstrual pads with wings in regular and large sizes,
204	204	provided to a female prisoner.
205	205	SECTION 4. This Act takes effect September 1, 2023.