By: Lowe H.B. No. 5450
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an advisory committee on
preventable deaths in county jails and a report concerning county
jail safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended by
adding Section 511.0082 to read as follows:
Sec. 511.0082. ADVISORY COMMITTEE ON PREVENTABLE DEATHS.
(a) The commission shall establish an advisory committee to make
recommendations on the reduction of preventable deaths in county
jails. The commission shall appoint not more than 11 members to the
advisory committee. The advisory committee must include:
(1) one member who is a family member of a person who
died in a county jail in this state;
(2) one member with expertise in jail conditions, jail
standards, and deaths in custody who does not have any association
with law enforcement or an agency of this state;
(3) one criminal defense attorney;
(4) one medical examiner;
(5) two members who represent the public; and
(6) any other member whom the commission determines to
be appropriate.
(b) The advisory committee described by Subsection (a)
shall:
(1) meet monthly;
(2) collect and review reports of deaths in custody
after an investigation of the death has concluded, including
reviewing any evidence as determined necessary by the advisory
committee;
(3) identify deaths in custody that could have been
prevented; and
(4) make recommendations to the commission regarding
rules, policies, and training needed to reduce preventable deaths
in county jails.
(c) Chapter 2110 does not apply to the size, composition, or
duration of the advisory committee described by Subsection (a).
SECTION 2. Chapter 511, Government Code, is amended by
adding Section 511.00904 to read as follows:
Sec. 511.00904. ANNUAL REPORT ON EMERGING ISSUES IN JAIL
SAFETY, SECURITY, AND COMPLIANCE. The commission shall annually
prepare and publish on the commission's Internet website a report
summarizing emerging issues in county jail safety, security, and
compliance, including data and recommendations to reduce
preventable deaths. The report must include the following
information:
(1) a summary of each death that occurred in a county
jail, including a detailed description of each death identified as
preventable by the advisory committee established under Section
511.0082 and any responses by county officials regarding the death;
(2) a statistical report on deaths that occurred in a
county jail in the reporting year compared against the preceding
five years, disaggregated by:
(A) cause of death;
(B) county in which the death occurred;
(C) race, ethnicity, sex, and age of the inmate
who died;
(D) whether the inmate who died was identified
for health, mental health, or intellectual disability disorder
consideration;
(E) whether the death was a preventable death;
(F) whether the jail was issued a notice of
noncompliance or provided with technical assistance; and
(G) whether force was used on the inmate before
the inmate's death;
(3) the number and nature of complaints made regarding
county jails, including complaints regarding a violation of any
required ratio of correctional officers to inmates;
(4) recommendations made by the advisory committee
established under Section 511.0082;
(5) turnover and vacancy rates for county jail staff,
including medical staff, disaggregated by jail and medical bed
count at the jail;
(6) a list of county jails in noncompliance and the
nature of the noncompliance related to commission rules,
requirements, and standards, including the requirements of Article
16.22, Code of Criminal Procedure; and
(7) a list of county jails that have been granted a
variance from commission rules and a description of the variances.
SECTION 3. Not later than October 1, 2025, the Commission on
Jail Standards shall appoint the members of the advisory committee
on preventable deaths as required by Section 511.0082, Government
Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.