Texas 2025 - 89th Regular

Texas House Bill HB3644 Compare Versions

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11 89R5382 BCH-D
22 By: Romero H.B. No. 3644
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the verification of the veteran status of inmates and
1010 prisoners.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 8(a), Article 42.09, Code of Criminal
1313 Procedure, is amended to read as follows:
1414 (a) A county that transfers a defendant to the Texas
1515 Department of Criminal Justice under this article shall deliver to
1616 an officer designated by the department:
1717 (1) a copy of the judgment entered pursuant to Article
1818 42.01, completed on a standardized felony judgment form described
1919 by Section 4 of that article;
2020 (2) a copy of any order revoking community supervision
2121 and imposing sentence pursuant to Article 42A.755, including:
2222 (A) any amounts owed for restitution, fines, and
2323 court costs, completed on a standardized felony judgment form
2424 described by Section 4, Article 42.01; and
2525 (B) a copy of the client supervision plan
2626 prepared for the defendant by the community supervision and
2727 corrections department supervising the defendant, if such a plan
2828 was prepared;
2929 (3) a written report that states the nature and the
3030 seriousness of each offense and that states the citation to the
3131 provision or provisions of the Penal Code or other law under which
3232 the defendant was convicted;
3333 (4) a copy of the victim impact statement, if one has
3434 been prepared in the case under Subchapter D, Chapter 56A;
3535 (5) a statement as to whether there was a change in
3636 venue in the case and, if so, the names of the county prosecuting
3737 the offense and the county in which the case was tried;
3838 (6) if requested, information regarding the criminal
3939 history of the defendant, including the defendant's state
4040 identification number if the number has been issued;
4141 (7) a copy of the indictment or information for each
4242 offense;
4343 (8) a checklist sent by the department to the county
4444 and completed by the county in a manner indicating that the
4545 documents required by this subsection and Subsection (c) accompany
4646 the defendant;
4747 (9) if prepared, a copy of a presentence or
4848 postsentence report prepared under Subchapter F, Chapter 42A;
4949 (10) a copy of any detainer, issued by an agency of the
5050 federal government, that is in the possession of the county and that
5151 has been placed on the defendant;
5252 (11) if prepared, a copy of the defendant's Texas
5353 Uniform Health Status Update Form;
5454 (12) a written description of a hold or warrant,
5555 issued by any other jurisdiction, that the county is aware of and
5656 that has been placed on or issued for the defendant; [and]
5757 (13) a copy of any mental health records, mental
5858 health screening reports, or similar information regarding the
5959 mental health of the defendant; and
6060 (14) the veteran status of the defendant as determined
6161 by an investigation conducted in accordance with Section
6262 511.009(a)(17)(A), Government Code.
6363 SECTION 2. Section 501.024(b), Government Code, is amended
6464 to read as follows:
6565 (b) The department shall:
6666 (1) in consultation with the Texas Veterans
6767 Commission, investigate and verify the veteran status of each
6868 inmate by using the best available federal data; and
6969 (2) use the data described by Subdivision (1) to
7070 assist inmates who are veterans in applying for federal benefits or
7171 compensation for which the inmates may be eligible under a program
7272 administered by the United States Department of Veterans Affairs,
7373 including mailing any related paperwork, application, or other
7474 correspondence on behalf of and at no charge to the inmate.
7575 SECTION 3. Section 511.009(a), Government Code, is amended
7676 to read as follows:
7777 (a) The commission shall:
7878 (1) adopt reasonable rules and procedures
7979 establishing minimum standards for the construction, equipment,
8080 maintenance, and operation of county jails;
8181 (2) adopt reasonable rules and procedures
8282 establishing minimum standards for the custody, care, and treatment
8383 of prisoners;
8484 (3) adopt reasonable rules establishing minimum
8585 standards for the number of jail supervisory personnel and for
8686 programs and services to meet the needs of prisoners;
8787 (4) adopt reasonable rules and procedures
8888 establishing minimum requirements for programs of rehabilitation,
8989 education, and recreation in county jails;
9090 (5) regularly review the commission's rules and
9191 procedures and revise, amend, or change the rules and procedures if
9292 necessary;
9393 (6) provide to local government officials
9494 consultation on and technical assistance for county jails;
9595 (7) review and comment on plans for the construction
9696 and major modification or renovation of county jails;
9797 (8) require that the sheriff and commissioners of each
9898 county submit to the commission, on a form prescribed by the
9999 commission, an annual report on the conditions in each county jail
100100 within their jurisdiction, including all information necessary to
101101 determine compliance with state law, commission orders, and the
102102 rules adopted under this chapter;
103103 (9) review the reports submitted under Subdivision (8)
104104 and require commission employees to inspect county jails regularly
105105 to ensure compliance with state law, commission orders, and rules
106106 and procedures adopted under this chapter;
107107 (10) adopt a classification system to assist sheriffs
108108 and judges in determining which defendants are low-risk and
109109 consequently suitable participants in a county jail work release
110110 program under Article 42.034, Code of Criminal Procedure;
111111 (11) adopt rules relating to requirements for
112112 segregation of classes of inmates and to capacities for county
113113 jails;
114114 (12) adopt a policy for gathering and distributing to
115115 jails under the commission's jurisdiction information regarding:
116116 (A) common issues concerning jail
117117 administration;
118118 (B) examples of successful strategies for
119119 maintaining compliance with state law and the rules, standards, and
120120 procedures of the commission; and
121121 (C) solutions to operational challenges for
122122 jails;
123123 (13) report to the Texas Correctional Office on
124124 Offenders with Medical or Mental Impairments on a jail's compliance
125125 with Article 16.22, Code of Criminal Procedure;
126126 (14) adopt reasonable rules and procedures
127127 establishing minimum requirements for a county jail to:
128128 (A) determine if a prisoner is pregnant;
129129 (B) ensure that the jail's health services plan
130130 addresses medical care, including obstetrical and gynecological
131131 care, mental health care, nutritional requirements, and any special
132132 housing or work assignment needs for prisoners who are known or
133133 determined to be pregnant; and
134134 (C) identify when a pregnant prisoner is in labor
135135 and provide appropriate care to the prisoner, including promptly
136136 transporting the prisoner to a local hospital;
137137 (15) provide guidelines to sheriffs regarding
138138 contracts between a sheriff and another entity for the provision of
139139 food services to or the operation of a commissary in a jail under
140140 the commission's jurisdiction, including specific provisions
141141 regarding conflicts of interest and avoiding the appearance of
142142 impropriety;
143143 (16) adopt reasonable rules and procedures
144144 establishing minimum standards for prisoner visitation that
145145 provide each prisoner at a county jail with a minimum of two
146146 in-person, noncontact visitation periods per week of at least 20
147147 minutes duration each;
148148 (17) require the sheriff of each county to:
149149 (A) investigate and verify the veteran status of
150150 each prisoner during the intake process by using data made
151151 available from the Veterans Reentry Search Service (VRSS) operated
152152 by the United States Department of Veterans Affairs or a similar
153153 service; [and]
154154 (B) use the data described by Paragraph (A) to
155155 assist prisoners who are veterans in applying for federal benefits
156156 or compensation for which the prisoners may be eligible under a
157157 program administered by the United States Department of Veterans
158158 Affairs, including providing the prisoner on verification of the
159159 prisoner's veteran status with a prepaid postcard that is supplied
160160 by the Texas Veterans Commission for purposes of requesting
161161 assistance in applying for veterans benefits;
162162 (C) submit a daily report identifying each
163163 prisoner whose veteran status was verified under Paragraph (A)
164164 during the previous day to the Texas Veterans Commission and, as
165165 applicable, the veterans county service officer for the county and
166166 each court in which charges against a prisoner identified in the
167167 report are pending; and
168168 (D) allow for a prisoner whose veteran status has
169169 been verified under Paragraph (A) to have in-person or video
170170 visitation with the veterans county service officer for the county
171171 or a peer service coordinator at no cost to the prisoner;
172172 (18) adopt reasonable rules and procedures regarding
173173 visitation of a prisoner at a county jail by a guardian, as defined
174174 by Section 1002.012, Estates Code, that:
175175 (A) allow visitation by a guardian to the same
176176 extent as the prisoner's next of kin, including placing the
177177 guardian on the prisoner's approved visitors list on the guardian's
178178 request and providing the guardian access to the prisoner during a
179179 facility's standard visitation hours if the prisoner is otherwise
180180 eligible to receive visitors; and
181181 (B) require the guardian to provide the sheriff
182182 with letters of guardianship issued as provided by Section
183183 1106.001, Estates Code, before being allowed to visit the prisoner;
184184 (19) adopt reasonable rules and procedures to ensure
185185 the safety of prisoners, including rules and procedures that
186186 require a county jail to:
187187 (A) give prisoners the ability to access a mental
188188 health professional at the jail or through a telemental health
189189 service 24 hours a day or, if a mental health professional is not at
190190 the county jail at the time, then require the jail to use all
191191 reasonable efforts to arrange for the inmate to have access to a
192192 mental health professional within a reasonable time;
193193 (B) give prisoners the ability to access a health
194194 professional at the jail or through a telehealth service 24 hours a
195195 day or, if a health professional is unavailable at the jail or
196196 through a telehealth service, provide for a prisoner to be
197197 transported to access a health professional; and
198198 (C) if funding is available under Section
199199 511.019, install automated electronic sensors or cameras to ensure
200200 accurate and timely in-person checks of cells or groups of cells
201201 confining at-risk individuals; and
202202 (20) adopt reasonable rules and procedures
203203 establishing minimum standards for the quantity and quality of
204204 feminine hygiene products, including tampons in regular and large
205205 sizes and menstrual pads with wings in regular and large sizes,
206206 provided to a female prisoner.
207207 SECTION 4. This Act takes effect September 1, 2025.