Texas 2023 - 88th Regular

Texas Senate Bill SB444 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3912 MZM-D
2	2	By: Menéndez S.B. No. 444
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to depression screenings for certain women in county jail
8	8	or in the custody of the Texas Department of Criminal Justice.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 501, Government Code, is
11	11	amended by adding Section 501.0655 to read as follows:
12	12	Sec. 501.0655. DEPRESSION SCREENING FOR PREGNANT INMATE.
13	13	The department shall ensure that each inmate who is pregnant or has
14	14	given birth in the preceding year is screened for depression:
15	15	(1) once each trimester during the pregnancy;
16	16	(2) once during the six-week period after giving
17	17	birth; and
18	18	(3) at 6 and 12 months after giving birth.
19	19	SECTION 2. Section 511.009(a), Government Code, is amended
20	20	to read as follows:
21	21	(a) The commission shall:
22	22	(1) adopt reasonable rules and procedures
23	23	establishing minimum standards for the construction, equipment,
24	24	maintenance, and operation of county jails;
25	25	(2) adopt reasonable rules and procedures
26	26	establishing minimum standards for the custody, care, and treatment
27	27	of prisoners;
28	28	(3) adopt reasonable rules establishing minimum
29	29	standards for the number of jail supervisory personnel and for
30	30	programs and services to meet the needs of prisoners;
31	31	(4) adopt reasonable rules and procedures
32	32	establishing minimum requirements for programs of rehabilitation,
33	33	education, and recreation in county jails;
34	34	(5) regularly review the commission's rules and
35	35	procedures and revise, amend, or change the rules and procedures if
36	36	necessary;
37	37	(6) provide to local government officials
38	38	consultation on and technical assistance for county jails;
39	39	(7) review and comment on plans for the construction
40	40	and major modification or renovation of county jails;
41	41	(8) require that the sheriff and commissioners of each
42	42	county submit to the commission, on a form prescribed by the
43	43	commission, an annual report on the conditions in each county jail
44	44	within their jurisdiction, including all information necessary to
45	45	determine compliance with state law, commission orders, and the
46	46	rules adopted under this chapter;
47	47	(9) review the reports submitted under Subdivision (8)
48	48	and require commission employees to inspect county jails regularly
49	49	to ensure compliance with state law, commission orders, and rules
50	50	and procedures adopted under this chapter;
51	51	(10) adopt a classification system to assist sheriffs
52	52	and judges in determining which defendants are low-risk and
53	53	consequently suitable participants in a county jail work release
54	54	program under Article 42.034, Code of Criminal Procedure;
55	55	(11) adopt rules relating to requirements for
56	56	segregation of classes of inmates and to capacities for county
57	57	jails;
58	58	(12) adopt a policy for gathering and distributing to
59	59	jails under the commission's jurisdiction information regarding:
60	60	(A) common issues concerning jail
61	61	administration;
62	62	(B) examples of successful strategies for
63	63	maintaining compliance with state law and the rules, standards, and
64	64	procedures of the commission; and
65	65	(C) solutions to operational challenges for
66	66	jails;
67	67	(13) report to the Texas Correctional Office on
68	68	Offenders with Medical or Mental Impairments on a jail's compliance
69	69	with Article 16.22, Code of Criminal Procedure;
70	70	(14) adopt reasonable rules and procedures
71	71	establishing minimum requirements for a county jail to:
72	72	(A) determine if a prisoner is pregnant;
73	73	(B) ensure that the jail's health services plan
74	74	addresses:
75	75	(i) medical care, including obstetrical and
76	76	gynecological care;
77	77	(ii) [,] mental health care, including a
78	78	requirement that each prisoner who is pregnant or has given birth in
79	79	the preceding year be screened for depression:
80	80	(a) once each trimester during the
81	81	pregnancy;
82	82	(b) once during the six-week period
83	83	after giving birth; and
84	84	(c) at 6 and 12 months after giving
85	85	birth;
86	86	(iii) nutritional requirements; [,] and
87	87	(iv) any special housing or work assignment
88	88	needs for prisoners who are known or determined to be pregnant; and
89	89	(C) identify when a pregnant prisoner is in labor
90	90	and provide appropriate care to the prisoner, including promptly
91	91	transporting the prisoner to a local hospital;
92	92	(15) provide guidelines to sheriffs regarding
93	93	contracts between a sheriff and another entity for the provision of
94	94	food services to or the operation of a commissary in a jail under
95	95	the commission's jurisdiction, including specific provisions
96	96	regarding conflicts of interest and avoiding the appearance of
97	97	impropriety;
98	98	(16) adopt reasonable rules and procedures
99	99	establishing minimum standards for prisoner visitation that
100	100	provide each prisoner at a county jail with a minimum of two
101	101	in-person, noncontact visitation periods per week of at least 20
102	102	minutes duration each;
103	103	(17) require the sheriff of each county to:
104	104	(A) investigate and verify the veteran status of
105	105	each prisoner by using data made available from the Veterans
106	106	Reentry Search Service (VRSS) operated by the United States
107	107	Department of Veterans Affairs or a similar service; and
108	108	(B) use the data described by Paragraph (A) to
109	109	assist prisoners who are veterans in applying for federal benefits
110	110	or compensation for which the prisoners may be eligible under a
111	111	program administered by the United States Department of Veterans
112	112	Affairs;
113	113	(18) adopt reasonable rules and procedures regarding
114	114	visitation of a prisoner at a county jail by a guardian, as defined
115	115	by Section 1002.012, Estates Code, that:
116	116	(A) allow visitation by a guardian to the same
117	117	extent as the prisoner's next of kin, including placing the
118	118	guardian on the prisoner's approved visitors list on the guardian's
119	119	request and providing the guardian access to the prisoner during a
120	120	facility's standard visitation hours if the prisoner is otherwise
121	121	eligible to receive visitors; and
122	122	(B) require the guardian to provide the sheriff
123	123	with letters of guardianship issued as provided by Section
124	124	1106.001, Estates Code, before being allowed to visit the prisoner;
125	125	(19) adopt reasonable rules and procedures to ensure
126	126	the safety of prisoners, including rules and procedures that
127	127	require a county jail to:
128	128	(A) give prisoners the ability to access a mental
129	129	health professional at the jail or through a telemental health
130	130	service 24 hours a day or, if a mental health professional is not at
131	131	the county jail at the time, then require the jail to use all
132	132	reasonable efforts to arrange for the inmate to have access to a
133	133	mental health professional within a reasonable time;
134	134	(B) give prisoners the ability to access a health
135	135	professional at the jail or through a telehealth service 24 hours a
136	136	day or, if a health professional is unavailable at the jail or
137	137	through a telehealth service, provide for a prisoner to be
138	138	transported to access a health professional; and
139	139	(C) if funding is available under Section
140	140	511.019, install automated electronic sensors or cameras to ensure
141	141	accurate and timely in-person checks of cells or groups of cells
142	142	confining at-risk individuals; and
143	143	(20) adopt reasonable rules and procedures
144	144	establishing minimum standards for the quantity and quality of
145	145	feminine hygiene products, including tampons in regular and large
146	146	sizes and menstrual pads with wings in regular and large sizes,
147	147	provided to a female prisoner.
148	148	SECTION 3. Not later than December 1, 2023, the Commission
149	149	on Jail Standards shall adopt the rules and procedures required by
150	150	Section 511.009(a), Government Code, as amended by this Act.
151	151	SECTION 4. This Act takes effect September 1, 2023.