Bill Text: TX HB3764 | 2011-2012 | 82nd Legislature | Comm Sub


Bill Title: Relating to the reporting of certain information regarding inmates and the use of administrative segregation by the Texas Department of Criminal Justice.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-05-07 - Committee report sent to Calendars [HB3764 Detail]

Download: Texas-2011-HB3764-Comm_Sub.html
  82R24754 MAW-D
 
  By: Marquez, Allen H.B. No. 3764
 
  Substitute the following for H.B. No. 3764:
 
  By:  Marquez C.S.H.B. No. 3764
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of certain information regarding inmates
  and the use of administrative segregation by 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 Sections 493.030 and 493.031 to read as follows:
         Sec. 493.030.  ANNUAL REPORT. (a) Not later than January 1
  of each year, the department shall submit a written report
  containing the information described by Subsection (b) to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives; and
               (4)  each standing committee of the senate and house of
  representatives having primary jurisdiction over the department.
         (b)  The report must include the following information for
  the preceding fiscal year:
               (1)  the number of inmates in the general prison
  population who were referred to mental health professionals and the
  reasons for the referrals;
               (2)  the number of inmates confined in administrative
  segregation who were referred to mental health professionals and
  the reasons for the referrals;
               (3)  a summary of the types of offenses for which each
  inmate was imprisoned;
               (4)  the number of documented suicide attempts by
  inmates in the general prison population;
               (5)  the number of documented suicide attempts by
  inmates confined in administrative segregation;
               (6)  the number of inmates who were confined in
  administrative segregation immediately before the inmates'
  discharge from the department;
               (7)  the number of inmates who were confined in
  administrative segregation immediately before the inmates' release
  on parole or to mandatory supervision;
               (8)  the rate of recidivism among:
                     (A)  inmates who were never confined in
  administrative segregation before the inmates' release or
  discharge from the department;
                     (B)  inmates who were confined in administrative
  segregation immediately before the inmates' release or discharge
  from the department; and
                     (C)  inmates who were confined in administrative
  segregation at any time prior to the inmates' release or discharge
  from the department and who are not described by Paragraph (B);
               (9)  for inmates confined in administrative
  segregation at any time during the fiscal year:
                     (A)  the average length of time an inmate was
  continuously confined in administrative segregation;
                     (B)  the longest and shortest length of time an
  inmate was continuously confined in administrative segregation;
                     (C)  a summary of the offenses for which inmates
  confined in administrative segregation were imprisoned; and
                     (D)  a summary of the reasons for which inmates
  were placed in administrative segregation;
               (10)  the number of inmates discharged or released
  directly from the general prison population who have obtained
  regular employment on or before the 180th day after the inmates'
  release or discharge, to the extent that information is available;
               (11)  the number of inmates discharged or released
  directly from confinement in administrative segregation who have
  obtained regular employment on or before the 180th day after the
  inmates' release or discharge, to the extent that information is
  available;
               (12)  the number of reviews conducted by the department
  concerning an inmate's placement in administrative segregation and
  the number of those reviews that resulted in the inmate being
  transferred to the general prison population;
               (13)  the number of inmates who were transferred from
  administrative segregation to the general prison population as a
  result of successfully completing a program designed to facilitate
  the return of an inmate to the general prison population; and
               (14)  information regarding the operations and
  activity of gangs, identified security threat groups, or other
  disruptive groups within each facility operated by or under
  contract with the department.
         Sec. 493.031.  INFORMATION CONCERNING COST OF CONFINEMENT IN
  ADMINISTRATIVE SEGREGATION. The Legislative Budget Board shall
  include in its Criminal Justice Uniform Cost Report the cost per day
  calculation of confining an inmate in administrative segregation.
         SECTION 2.  Subchapter A, Chapter 501, Government Code, is
  amended by adding Section 501.023 to read as follows:
         Sec. 501.023.  USE OF ADMINISTRATIVE SEGREGATION. (a) The
  department shall conduct a review of the department's policies
  regarding the use of administrative segregation. The review must
  examine methods to reduce the number of inmates housed in
  administrative segregation, including alternatives to
  administrative segregation.  Based on the review, the department
  shall develop a plan to reduce the department's use of
  administrative segregation.
         (b)  The plan must provide an inmate confined in
  administrative segregation with the following, based on the
  inmate's assessed risks and needs and the personal safety of the
  inmate or another person:
               (1)  the opportunity to participate in programs and
  services in the inmate's cell that are similar to the educational
  courses, work-related training, or other technical or vocational
  programs that are available to the general inmate population;
               (2)  increases in the amount of time the inmate is
  allowed out of the inmate's cell based on the length of the inmate's
  period of confinement in administrative segregation;
               (3)  the opportunity to exercise with inmates in the
  general prison population;
               (4)  daily contact with prison staff; and
               (5)  access to audio and visual media that provide the
  inmate with appropriate mental stimulation.
         (c)  In addition to the requirements of Subsection (b), for
  an inmate confined in administrative segregation for reasons other
  than the inmate's misconduct or disciplinary record or membership
  in a gang or identified security threat group, the plan must allow
  the inmate:
               (1)  adequate and regular access to mental health
  services; and
               (2)  if the inmate will be confined in administrative
  segregation immediately before the inmate's release or discharge
  from the department, access to services and programs that assist
  inmates in developing:
                     (A)  the ability to obtain and maintain long-term
  employment and stable housing; and
                     (B)  social skills and life skills, including
  building and maintaining parenting skills, anger management
  techniques, positive family interactions, and law-abiding
  behavior.
         (d)  The department shall develop and include in the plan a
  program that provides an opportunity for an inmate who is confined
  in administrative segregation based on the inmate's membership in a
  gang or security threat group to return to the general prison
  population. The program may not exceed eight months in length and
  must be available to an inmate who:
               (1)  has renounced the inmate's membership in the gang
  or security threat group; and
               (2)  during the one-year period preceding the inmate's
  application to the program has not:
                     (A)  committed assault against another inmate or a
  member of the prison staff;
                     (B)  been the subject of major disciplinary
  action; or
                     (C)  participated in any gang-related or security
  threat group-related activity.
         (e)  The plan may not result in increased danger to inmates
  imprisoned in, or employees employed at, any facility operated by
  or under contract with the department.
         SECTION 3.  (a)  The Texas Department of Criminal Justice
  shall submit the first report required under Section 493.030,
  Government Code, as added by this Act, not later than January 1,
  2012.
         (b)  Not later than June 1, 2012, the Texas Department of
  Criminal Justice shall submit for review and comment the plan
  developed under Section 501.023, Government Code, as added by this
  Act, to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives;
               (4)  each standing committee of the senate and house of
  representatives having primary jurisdiction over the department;
  and
               (5)  the Legislative Budget Board.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
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