| 1 | 1 | | 88R8853 MZM-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 1312 |
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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 establishment of a task force to study the impact of |
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| 8 | 8 | | the use of administrative segregation and disciplinary seclusion. |
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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. DEFINITIONS. In this Act: |
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| 11 | 11 | | (1) "Disciplinary seclusion" means the separation of a |
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| 12 | 12 | | child from other children for disciplinary reasons and the |
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| 13 | 13 | | placement of the child alone in an area from which egress is |
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| 14 | 14 | | prevented for more than 90 minutes. |
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| 15 | 15 | | (2) "Juvenile facility" means a facility that serves |
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| 16 | 16 | | children under juvenile court jurisdiction and that is operated as |
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| 17 | 17 | | a pre-adjudication secure detention facility, a short-term |
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| 18 | 18 | | detention facility, or a post-adjudication secure correctional |
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| 19 | 19 | | facility. |
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| 20 | 20 | | SECTION 2. TASK FORCE TO STUDY ADMINISTRATIVE SEGREGATION |
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| 21 | 21 | | AND DISCIPLINARY SECLUSION. (a) A task force is established under |
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| 22 | 22 | | this section to study the short-term and long-term impacts of the |
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| 23 | 23 | | use of: |
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| 24 | 24 | | (1) administrative segregation on inmates confined in |
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| 25 | 25 | | facilities operated by or under contract with the Texas Department |
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| 26 | 26 | | of Criminal Justice; and |
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| 27 | 27 | | (2) disciplinary seclusion for children detained in or |
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| 28 | 28 | | committed to a juvenile facility. |
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| 29 | 29 | | (b) The task force is composed of 12 members appointed by |
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| 30 | 30 | | the governor, lieutenant governor, and speaker of the house of |
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| 31 | 31 | | representatives, each of whom shall appoint: |
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| 32 | 32 | | (1) one representative of the Texas Department of |
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| 33 | 33 | | Criminal Justice; |
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| 34 | 34 | | (2) one representative of the Texas Juvenile Justice |
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| 35 | 35 | | Department; |
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| 36 | 36 | | (3) one representative of a statewide organization |
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| 37 | 37 | | that advocates for the improvement of conditions in correctional |
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| 38 | 38 | | facilities or juvenile facilities; and |
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| 39 | 39 | | (4) one member who is a mental health professional. |
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| 40 | 40 | | (c) The Texas Department of Criminal Justice and Texas |
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| 41 | 41 | | Juvenile Justice Department shall provide access to facilities and |
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| 42 | 42 | | records and otherwise assist the task force in conducting the |
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| 43 | 43 | | study. |
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| 44 | 44 | | (d) Not later than December 1, 2024, the task force shall |
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| 45 | 45 | | prepare and submit a written report containing the results of the |
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| 46 | 46 | | study and any legislative recommendations to: |
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| 47 | 47 | | (1) the governor; |
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| 48 | 48 | | (2) the lieutenant governor; |
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| 49 | 49 | | (3) the speaker of the house of representatives; |
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| 50 | 50 | | (4) each standing committee of the legislature having |
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| 51 | 51 | | primary jurisdiction over the Texas Department of Criminal Justice |
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| 52 | 52 | | or Texas Juvenile Justice Department; |
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| 53 | 53 | | (5) the Texas Department of Criminal Justice; and |
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| 54 | 54 | | (6) the Texas Juvenile Justice Department. |
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| 55 | 55 | | (e) The task force is abolished and this Act expires |
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| 56 | 56 | | September 1, 2025. |
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| 57 | 57 | | SECTION 3. EFFECTIVE DATE. This Act takes effect September |
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| 58 | 58 | | 1, 2023. |
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