89R16152 MCF-F
By: Jones of Dallas H.B. No. 4764
A BILL TO BE ENTITLED
AN ACT
relating to an annual report on the use of administrative
segregation in facilities operated by or under contract with the
Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.036 to read as follows:
Sec. 493.036. REPORT ON USE OF ADMINISTRATIVE SEGREGATION.
(a) In this section:
(1) "Administrative segregation" includes solitary
confinement, confinement on death row, and any other form of
restrictive housing.
(2) "Offender" means an inmate or state jail defendant
confined in a facility operated by or under contract with the
department.
(3) "Rehabilitative program" means a program,
including an activity or service, provided for the purpose of
improving the behavioral, psychological, educational, or
vocational outcome of an offender.
(b) Not later than January 31 of each year, the department
shall prepare and submit to the governor, the lieutenant governor,
and each member of the legislature a report on the use of
administrative segregation in facilities operated by or under
contract with the department.
(c) The report described by Subsection (b) must include the
following information for each facility operated by or under
contract with the department:
(1) the name, race, sex, and age of each offender
placed in administrative segregation;
(2) the offense or behavior for which each offender
was placed in administrative segregation;
(3) the number of times each offender was placed in
administrative segregation;
(4) the total time each offender placed in
administrative segregation spent in administrative segregation;
(5) other types of placements offered by each facility
that are similar to administrative segregation, including
quarantine and lockdown;
(6) the types of rehabilitative programs made
available to offenders placed in administrative segregation;
(7) staffing ratios for administrative segregation
units;
(8) the total number of administrative segregation
beds used at each facility;
(9) the mental health diagnoses of offenders placed in
administrative segregation;
(10) whether an offender placed in administrative
segregation received a new mental health diagnosis or required
mental health treatment during or shortly after the placement;
(11) whether an offender placed in administrative
segregation experienced severe mental or physical distress such
that the offender required immediate medical or psychiatric
attention;
(12) whether an offender placed in administrative
segregation attempted or committed suicide or engaged in self-harm
during or shortly after the placement;
(13) whether an offender placed in administrative
segregation appealed the offender's placement and the outcome of
each appeal;
(14) whether the length of a placement in
administrative segregation was reduced and the reason for each
reduction; and
(15) the number of offenders placed in administrative
segregation who had the length of their placement reduced because
of a successful completion of a rehabilitative program.
(d) If the department fails to timely or accurately submit a
report required by this section, the department shall prepare and
submit to the governor, the lieutenant governor, and each member of
the legislature a corrective action plan outlining how the
department will correct deficiencies in the timeliness or accuracy
of future reports.
SECTION 2. Notwithstanding Section 493.036, Government
Code, as added by this Act, the Texas Department of Criminal Justice
is not required to submit the initial report required by that
section until January 31, 2027.
SECTION 3. This Act takes effect September 1, 2025.