1 | 1 | | 89R16152 MCF-F |
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2 | 2 | | By: Jones of Dallas H.B. No. 4764 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to an annual report on the use of administrative |
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10 | 10 | | segregation in facilities operated by or under contract with the |
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11 | 11 | | Texas Department of Criminal Justice. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 493, Government Code, is amended by |
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14 | 14 | | adding Section 493.036 to read as follows: |
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15 | 15 | | Sec. 493.036. REPORT ON USE OF ADMINISTRATIVE SEGREGATION. |
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16 | 16 | | (a) In this section: |
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17 | 17 | | (1) "Administrative segregation" includes solitary |
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18 | 18 | | confinement, confinement on death row, and any other form of |
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19 | 19 | | restrictive housing. |
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20 | 20 | | (2) "Offender" means an inmate or state jail defendant |
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21 | 21 | | confined in a facility operated by or under contract with the |
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22 | 22 | | department. |
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23 | 23 | | (3) "Rehabilitative program" means a program, |
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24 | 24 | | including an activity or service, provided for the purpose of |
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25 | 25 | | improving the behavioral, psychological, educational, or |
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26 | 26 | | vocational outcome of an offender. |
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27 | 27 | | (b) Not later than January 31 of each year, the department |
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28 | 28 | | shall prepare and submit to the governor, the lieutenant governor, |
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29 | 29 | | and each member of the legislature a report on the use of |
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30 | 30 | | administrative segregation in facilities operated by or under |
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31 | 31 | | contract with the department. |
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32 | 32 | | (c) The report described by Subsection (b) must include the |
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33 | 33 | | following information for each facility operated by or under |
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34 | 34 | | contract with the department: |
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35 | 35 | | (1) the name, race, sex, and age of each offender |
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36 | 36 | | placed in administrative segregation; |
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37 | 37 | | (2) the offense or behavior for which each offender |
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38 | 38 | | was placed in administrative segregation; |
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39 | 39 | | (3) the number of times each offender was placed in |
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40 | 40 | | administrative segregation; |
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41 | 41 | | (4) the total time each offender placed in |
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42 | 42 | | administrative segregation spent in administrative segregation; |
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43 | 43 | | (5) other types of placements offered by each facility |
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44 | 44 | | that are similar to administrative segregation, including |
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45 | 45 | | quarantine and lockdown; |
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46 | 46 | | (6) the types of rehabilitative programs made |
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47 | 47 | | available to offenders placed in administrative segregation; |
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48 | 48 | | (7) staffing ratios for administrative segregation |
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49 | 49 | | units; |
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50 | 50 | | (8) the total number of administrative segregation |
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51 | 51 | | beds used at each facility; |
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52 | 52 | | (9) the mental health diagnoses of offenders placed in |
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53 | 53 | | administrative segregation; |
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54 | 54 | | (10) whether an offender placed in administrative |
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55 | 55 | | segregation received a new mental health diagnosis or required |
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56 | 56 | | mental health treatment during or shortly after the placement; |
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57 | 57 | | (11) whether an offender placed in administrative |
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58 | 58 | | segregation experienced severe mental or physical distress such |
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59 | 59 | | that the offender required immediate medical or psychiatric |
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60 | 60 | | attention; |
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61 | 61 | | (12) whether an offender placed in administrative |
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62 | 62 | | segregation attempted or committed suicide or engaged in self-harm |
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63 | 63 | | during or shortly after the placement; |
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64 | 64 | | (13) whether an offender placed in administrative |
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65 | 65 | | segregation appealed the offender's placement and the outcome of |
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66 | 66 | | each appeal; |
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67 | 67 | | (14) whether the length of a placement in |
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68 | 68 | | administrative segregation was reduced and the reason for each |
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69 | 69 | | reduction; and |
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70 | 70 | | (15) the number of offenders placed in administrative |
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71 | 71 | | segregation who had the length of their placement reduced because |
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72 | 72 | | of a successful completion of a rehabilitative program. |
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73 | 73 | | (d) If the department fails to timely or accurately submit a |
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74 | 74 | | report required by this section, the department shall prepare and |
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75 | 75 | | submit to the governor, the lieutenant governor, and each member of |
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76 | 76 | | the legislature a corrective action plan outlining how the |
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77 | 77 | | department will correct deficiencies in the timeliness or accuracy |
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78 | 78 | | of future reports. |
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79 | 79 | | SECTION 2. Notwithstanding Section 493.036, Government |
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80 | 80 | | Code, as added by this Act, the Texas Department of Criminal Justice |
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81 | 81 | | is not required to submit the initial report required by that |
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82 | 82 | | section until January 31, 2027. |
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83 | 83 | | SECTION 3. This Act takes effect September 1, 2025. |
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