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3 | 5 | | |
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4 | 6 | | A BILL TO BE ENTITLED |
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5 | 7 | | AN ACT |
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6 | 8 | | relating to the reform of solitary confinement practices and the |
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7 | 9 | | treatment of prisoners affiliated with security threat groups in |
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8 | 10 | | the Texas Department of Criminal Justice (TDCJ). |
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9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 12 | | SECTION 1. PURPOSE AND FINDINGS. The Texas Legislature |
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11 | 13 | | finds that: |
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12 | 14 | | (1) The use of indefinite solitary confinement, |
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13 | 15 | | particularly for individuals classified as members of Security |
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14 | 16 | | Threat Groups (STGs), has been shown to have detrimental effects on |
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15 | 17 | | mental health and rehabilitation. |
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16 | 18 | | (2) The use of solitary confinement as a tool for |
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17 | 19 | | classification, rather than based on actual behavior or |
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18 | 20 | | disciplinary actions, is ineffective and counterproductive. |
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19 | 21 | | (3) It is essential to promote rehabilitation, |
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20 | 22 | | reintegration, and due process for all incarcerated individuals, |
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21 | 23 | | ensuring the protection of their constitutional rights while |
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22 | 24 | | maintaining public safety. |
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23 | 25 | | (4) Reforming the practices surrounding solitary |
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24 | 26 | | confinement, the classification system, and parole review |
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25 | 27 | | processes will better align with constitutional standards and |
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26 | 28 | | foster the rehabilitation of individuals incarcerated in Texas |
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27 | 29 | | prisons. |
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28 | 30 | | SECTION 2. AMENDMENT OF SOLITARY CONFINEMENT PRACTICES. |
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29 | 31 | | (a) Abolition of Indefinite Solitary Confinement for STG Members. |
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30 | 32 | | Effective September 5th, 2026, the Texas Department of Criminal |
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31 | 33 | | Justice (TDCJ) shall no longer use indefinite solitary confinement |
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32 | 34 | | (Restricted Housing, RH) for individuals solely based on their |
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33 | 35 | | classification as confirmed or alleged members of a Security Threat |
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34 | 36 | | Group (STG). |
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35 | 37 | | (b) Behavioral-Based RH Assignment. Effective September |
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36 | 38 | | 5th, 2026, the Texas Department of Criminal Justice (TDCJ) shall no |
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37 | 39 | | longer use indefinite solitary confinement (Restricted Housing, |
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38 | 40 | | RH) for individuals solely based on their classification as |
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39 | 41 | | confirmed or alleged members of a Security Threat Group (STG). |
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40 | 42 | | (c) Criteria for Release from RH. Upon assignment to RH, |
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41 | 43 | | the individual shall be informed of clear and firm criteria for |
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42 | 44 | | release. If the individual meets the established criteria, they |
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43 | 45 | | shall be released back to the general population. TDCJ officials |
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44 | 46 | | shall be required to consider all relevant factors and behavior |
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45 | 47 | | when determining release from RH. Failure to do so will subject |
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46 | 48 | | officials to sanctions, including potential administrative |
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47 | 49 | | actions. |
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48 | 50 | | (d) Step-Down Program for STG Affiliates. Confirmed STG |
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49 | 51 | | affiliates who are found guilty of RH-eligible offenses will be |
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50 | 52 | | placed in a two-year step-down program designed for their gradual |
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51 | 53 | | return to general population after serving their RH term. Only |
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52 | 54 | | major offenses involving violent conduct, including serious bodily |
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53 | 55 | | injury or dangerous contraband, may result in an additional term of |
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54 | 56 | | up to two or five years. |
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55 | 57 | | (e) Creation of Restricted Custody General Population |
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56 | 58 | | (RCGP). TDCJ is directed to establish a new custody level known as |
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57 | 59 | | the Restricted Custody General Population (RCGP), which shall serve |
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58 | 60 | | as a secure alternative to solitary confinement for individuals |
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59 | 61 | | who: |
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60 | 62 | | (1) Are confirmed STG members but refuse to |
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61 | 63 | | participate in the step-down program. |
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62 | 64 | | (2) Have engaged in repeated misconduct in RH that |
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63 | 65 | | does not raise to the level of an RH eligible offense. RCGP shall |
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64 | 66 | | include provisions allowing prisoners to: |
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65 | 67 | | (A) Move around the facility without restraints. |
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66 | 68 | | (B) Participate in group recreation and contact |
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67 | 69 | | visits with family members. |
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68 | 70 | | (C) Engage in rehabilitative programs, including |
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69 | 71 | | educational and vocational training. |
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70 | 72 | | (f) Release of Long-Term RH Inmates. Any individual in RH |
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71 | 73 | | for any reason (&TG or non-&TG) who has been in RH for more than five |
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72 | 74 | | years as of January 10, 2026, and who has not committed a major |
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73 | 75 | | RH-eligible disciplinary infraction within the past two years, |
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74 | 76 | | shall be immediately released to the general population. No |
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75 | 77 | | individual shall be kept in RH or solitary confinement for more than |
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76 | 78 | | 10 years. |
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77 | 79 | | SECTION 3. This Act takes effect September 1, 2025. |
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