| 2 | 4 | | |
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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 standards for the out-of-state confinement of county |
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| 7 | 9 | | prisoners. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Chapter 511, Government Code, is amended by |
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| 10 | 12 | | adding Section 511.00935 to read as follows: |
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| 11 | 13 | | Sec. 511.00935. STANDARDS FOR OUT-OF-STATE CONFINEMENT OF |
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| 12 | 14 | | COUNTY PRISONERS. (a) This section applies only to a contract |
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| 13 | 15 | | between a county and another state, a jurisdiction in another |
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| 14 | 16 | | state, or a private vendor for the confinement of county prisoners |
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| 15 | 17 | | in a correctional facility located in another state. |
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| 16 | 18 | | (b) A contract to which this section applies must provide |
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| 17 | 19 | | that: |
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| 18 | 20 | | (1) each out-of-state correctional facility in which |
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| 19 | 21 | | county prisoners are to be housed meets minimum standards |
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| 20 | 22 | | established by the commission; |
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| 21 | 23 | | (2) all operational requirements of the receiving |
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| 22 | 24 | | entity meet or exceed minimum standards established by the |
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| 23 | 25 | | commission; |
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| 24 | 26 | | (3) each county prisoner confined under the contract |
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| 25 | 27 | | be released within the sending county; |
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| 26 | 28 | | (4) county prisoners with a record of institutional |
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| 27 | 29 | | violence involving the use of a deadly weapon or a pattern of |
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| 28 | 30 | | violence while confined in this state or a record of escape or |
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| 29 | 31 | | attempted escape from secure custody are not eligible for transfer |
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| 30 | 32 | | unless a specific waiver has been granted by the commission; |
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| 31 | 33 | | (5) county prisoners whose Continuity of Care Query |
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| 32 | 34 | | check was returned as an exact or probable match are not eligible |
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| 33 | 35 | | for transfer unless a specific waiver has been granted by the |
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| 34 | 36 | | commission; |
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| 35 | 37 | | (6) the sending entity shall: |
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| 36 | 38 | | (A) review for compliance with the commission's |
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| 37 | 39 | | classification standards and submit to the Commission for approval: |
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| 38 | 40 | | (i) all records concerning the prisoner's |
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| 39 | 41 | | classification, including records relating to the prisoner's |
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| 40 | 42 | | conduct while confined in this state; and |
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| 41 | 43 | | (ii) appropriate medical information |
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| 42 | 44 | | concerning the prisoner, including certification of tuberculosis |
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| 43 | 45 | | screening or treatment; |
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| 44 | 46 | | (B) determine the county prisoner's custody |
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| 45 | 47 | | level in accordance with commission rules to ensure that custody |
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| 46 | 48 | | level assignments for the facility as a whole are compatible with |
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| 47 | 49 | | the construction security level availability in the facility; |
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| 48 | 50 | | (B) conduct inspections as per the Commission's |
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| 49 | 51 | | standards no less than every six months and provide the commission a |
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| 50 | 52 | | copy of the inspection report; |
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| 51 | 53 | | (C) provide to the commission information on the |
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| 52 | 54 | | receiving entity's procedures for responding to a riot, rebellion, |
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| 53 | 55 | | escape, medical emergency, or other situation requiring assistance |
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| 54 | 56 | | from local or state law enforcement agencies of healthcare |
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| 55 | 57 | | providers; and |
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| 56 | 58 | | (D) promptly notify the Commission of any major |
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| 57 | 59 | | incidents, including escapes, injuries, or deaths, involving a |
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| 58 | 60 | | transferred prisoner at the facility; and |
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| 59 | 61 | | (7) the sending county is entitled to terminate the |
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| 60 | 62 | | contract at will, including if directed to do so by the commission, |
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| 61 | 63 | | by providing the receiving entity with 90 days' notice of the |
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| 62 | 64 | | county's intent to terminate the contract. |
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| 63 | 65 | | (c) Before entering into a contract described by Subsection |
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| 64 | 66 | | (a), a county shall submit a copy of the contract to the commission |
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| 65 | 67 | | for review and approval. Unless approval is received, the contract |
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| 66 | 68 | | shall not go into effect. |
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| 67 | 69 | | (d) A county housing county prisoners in another state under |
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| 68 | 70 | | a contract described by Subsection (a) shall: |
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| 69 | 71 | | (1) investigate any death, escape, or serious incident |
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| 70 | 72 | | involving the prisoners reported to the county under Subsection |
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| 71 | 73 | | (b)(5)(D); and |
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| 72 | 74 | | (2) promptly report to the commission, in the manner |
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| 73 | 75 | | prescribed by the commission, the death, escape, or serious |
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| 74 | 76 | | incident and the results of the county's investigation of the |
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| 75 | 77 | | death, escape, or serious incident. |
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| 76 | 78 | | (e) The commission by rule may adopt additional standards or |
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| 77 | 79 | | procedures relating to contracts to which this section applies. |
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| 78 | 80 | | SECTION 2. As soon as practicable after the effective date |
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| 79 | 81 | | of this Act, the Commission on Jail Standards shall adopt rules as |
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| 80 | 82 | | necessary to implement Section 511.00935, Government Code, as added |
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| 81 | 83 | | by this Act. |
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| 82 | 84 | | SECTION 3. This Act takes effect September 1, 2025. |
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