| 1 | 1 | | 88R3909 MPF-D |
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| 2 | 2 | | By: Meza H.B. No. 480 |
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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 placement of an inmate in administrative |
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| 8 | 8 | | segregation based on membership in a security threat group. |
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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. Subchapter D, Chapter 501, Government Code, is |
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| 11 | 11 | | amended by adding Section 501.115 to read as follows: |
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| 12 | 12 | | Sec. 501.115. LIMITATION ON USE OF ADMINISTRATIVE |
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| 13 | 13 | | SEGREGATION BASED ON MEMBERSHIP IN SECURITY THREAT GROUP. (a) The |
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| 14 | 14 | | department may not place an inmate in administrative segregation |
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| 15 | 15 | | based solely on membership in a security threat group unless the |
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| 16 | 16 | | director or director's designee determines that: |
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| 17 | 17 | | (1) the placement is necessary based on a reasonable |
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| 18 | 18 | | belief that the inmate constitutes an immediate threat to the |
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| 19 | 19 | | safety of the inmate or another person or to the security of the |
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| 20 | 20 | | facility in which the inmate is confined; and |
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| 21 | 21 | | (2) a less restrictive confinement alternative is |
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| 22 | 22 | | inadequate to address the threat described by Subdivision (1). |
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| 23 | 23 | | (b) The department shall review, on a weekly basis, the |
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| 24 | 24 | | placement of an inmate described by Subsection (a) in |
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| 25 | 25 | | administrative segregation and consider whether a less restrictive |
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| 26 | 26 | | confinement option is appropriate. |
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| 27 | 27 | | SECTION 2. This Act takes effect September 1, 2023. |
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