88R3912 MZM-D
By: Menéndez S.B. No. 444
A BILL TO BE ENTITLED
AN ACT
relating to depression screenings for certain women in county jail
or in the custody of the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 501, Government Code, is
amended by adding Section 501.0655 to read as follows:
Sec. 501.0655. DEPRESSION SCREENING FOR PREGNANT INMATE.
The department shall ensure that each inmate who is pregnant or has
given birth in the preceding year is screened for depression:
(1) once each trimester during the pregnancy;
(2) once during the six-week period after giving
birth; and
(3) at 6 and 12 months after giving birth.
SECTION 2. Section 511.009(a), Government Code, is amended
to read as follows:
(a) The commission shall:
(1) adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
(3) adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
(5) regularly review the commission's rules and
procedures and revise, amend, or change the rules and procedures if
necessary;
(6) provide to local government officials
consultation on and technical assistance for county jails;
(7) review and comment on plans for the construction
and major modification or renovation of county jails;
(8) require that the sheriff and commissioners of each
county submit to the commission, on a form prescribed by the
commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8)
and require commission employees to inspect county jails regularly
to ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs
and judges in determining which defendants are low-risk and
consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
(12) adopt a policy for gathering and distributing to
jails under the commission's jurisdiction information regarding:
(A) common issues concerning jail
administration;
(B) examples of successful strategies for
maintaining compliance with state law and the rules, standards, and
procedures of the commission; and
(C) solutions to operational challenges for
jails;
(13) report to the Texas Correctional Office on
Offenders with Medical or Mental Impairments on a jail's compliance
with Article 16.22, Code of Criminal Procedure;
(14) adopt reasonable rules and procedures
establishing minimum requirements for a county jail to:
(A) determine if a prisoner is pregnant;
(B) ensure that the jail's health services plan
addresses:
(i) medical care, including obstetrical and
gynecological care;
(ii) [,] mental health care, including a
requirement that each prisoner who is pregnant or has given birth in
the preceding year be screened for depression:
(a) once each trimester during the
pregnancy;
(b) once during the six-week period
after giving birth; and
(c) at 6 and 12 months after giving
birth;
(iii) nutritional requirements; [,] and
(iv) any special housing or work assignment
needs for prisoners who are known or determined to be pregnant; and
(C) identify when a pregnant prisoner is in labor
and provide appropriate care to the prisoner, including promptly
transporting the prisoner to a local hospital;
(15) provide guidelines to sheriffs regarding
contracts between a sheriff and another entity for the provision of
food services to or the operation of a commissary in a jail under
the commission's jurisdiction, including specific provisions
regarding conflicts of interest and avoiding the appearance of
impropriety;
(16) adopt reasonable rules and procedures
establishing minimum standards for prisoner visitation that
provide each prisoner at a county jail with a minimum of two
in-person, noncontact visitation periods per week of at least 20
minutes duration each;
(17) require the sheriff of each county to:
(A) investigate and verify the veteran status of
each prisoner by using data made available from the Veterans
Reentry Search Service (VRSS) operated by the United States
Department of Veterans Affairs or a similar service; and
(B) use the data described by Paragraph (A) to
assist prisoners who are veterans in applying for federal benefits
or compensation for which the prisoners may be eligible under a
program administered by the United States Department of Veterans
Affairs;
(18) adopt reasonable rules and procedures regarding
visitation of a prisoner at a county jail by a guardian, as defined
by Section 1002.012, Estates Code, that:
(A) allow visitation by a guardian to the same
extent as the prisoner's next of kin, including placing the
guardian on the prisoner's approved visitors list on the guardian's
request and providing the guardian access to the prisoner during a
facility's standard visitation hours if the prisoner is otherwise
eligible to receive visitors; and
(B) require the guardian to provide the sheriff
with letters of guardianship issued as provided by Section
1106.001, Estates Code, before being allowed to visit the prisoner;
(19) adopt reasonable rules and procedures to ensure
the safety of prisoners, including rules and procedures that
require a county jail to:
(A) give prisoners the ability to access a mental
health professional at the jail or through a telemental health
service 24 hours a day or, if a mental health professional is not at
the county jail at the time, then require the jail to use all
reasonable efforts to arrange for the inmate to have access to a
mental health professional within a reasonable time;
(B) give prisoners the ability to access a health
professional at the jail or through a telehealth service 24 hours a
day or, if a health professional is unavailable at the jail or
through a telehealth service, provide for a prisoner to be
transported to access a health professional; and
(C) if funding is available under Section
511.019, install automated electronic sensors or cameras to ensure
accurate and timely in-person checks of cells or groups of cells
confining at-risk individuals; and
(20) adopt reasonable rules and procedures
establishing minimum standards for the quantity and quality of
feminine hygiene products, including tampons in regular and large
sizes and menstrual pads with wings in regular and large sizes,
provided to a female prisoner.
SECTION 3. Not later than December 1, 2023, the Commission
on Jail Standards shall adopt the rules and procedures required by
Section 511.009(a), Government Code, as amended by this Act.
SECTION 4. This Act takes effect September 1, 2023.