Bill Text: TX HB1651 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the care of pregnant women confined in county jail.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1651 Detail]

Download: Texas-2019-HB1651-Enrolled.html
 
 
  H.B. No. 1651
 
 
 
 
AN ACT
  relating to the care of pregnant women confined in county jail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 511.009(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall:
               (1)  adopt reasonable rules and procedures
  establishing minimum standards for the construction, equipment,
  maintenance, and operation of county jails;
               (2)  adopt reasonable rules and procedures
  establishing minimum standards for the custody, care, and treatment
  of prisoners;
               (3)  adopt reasonable rules establishing minimum
  standards for the number of jail supervisory personnel and for
  programs and services to meet the needs of prisoners;
               (4)  adopt reasonable rules and procedures
  establishing minimum requirements for programs of rehabilitation,
  education, and recreation in county jails;
               (5)  revise, amend, or change rules and procedures if
  necessary;
               (6)  provide to local government officials
  consultation on and technical assistance for county jails;
               (7)  review and comment on plans for the construction
  and major modification or renovation of county jails;
               (8)  require that the sheriff and commissioners of each
  county submit to the commission, on a form prescribed by the
  commission, an annual report on the conditions in each county jail
  within their jurisdiction, including all information necessary to
  determine compliance with state law, commission orders, and the
  rules adopted under this chapter;
               (9)  review the reports submitted under Subdivision (8)
  and require commission employees to inspect county jails regularly
  to ensure compliance with state law, commission orders, and rules
  and procedures adopted under this chapter;
               (10)  adopt a classification system to assist sheriffs
  and judges in determining which defendants are low-risk and
  consequently suitable participants in a county jail work release
  program under Article 42.034, Code of Criminal Procedure;
               (11)  adopt rules relating to requirements for
  segregation of classes of inmates and to capacities for county
  jails;
               (12)  require that the chief jailer of each municipal
  lockup submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 17 years of age
  securely detained in the lockup, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in municipal lockups;
               (13)  at least annually determine whether each county
  jail is in compliance with the rules and procedures adopted under
  this chapter;
               (14)  require that the sheriff and commissioners court
  of each county submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 17 years of age
  securely detained in the county jail, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in county jails;
               (15)  schedule announced and unannounced inspections
  of jails under the commission's jurisdiction using the risk
  assessment plan established under Section 511.0085 to guide the
  inspections process;
               (16)  adopt a policy for gathering and distributing to
  jails under the commission's jurisdiction information regarding:
                     (A)  common issues concerning jail
  administration;
                     (B)  examples of successful strategies for
  maintaining compliance with state law and the rules, standards, and
  procedures of the commission; and
                     (C)  solutions to operational challenges for
  jails;
               (17)  report to the Texas Correctional Office on
  Offenders with Medical or Mental Impairments on a jail's compliance
  with Article 16.22, Code of Criminal Procedure;
               (18)  adopt reasonable rules and procedures
  establishing minimum requirements for a county jail [jails] to:
                     (A)  determine if a prisoner is pregnant; [and]
                     (B)  ensure that the jail's health services plan
  addresses medical care, including obstetrical and gynecological
  care, [and] mental health care, [including] nutritional
  requirements, and any special housing or work assignment needs for
  prisoners [persons] who are [confined in the jail and are] known or
  determined to be pregnant; and
                     (C)  identify when a pregnant prisoner is in labor
  and provide appropriate care to the prisoner, including promptly
  transporting the prisoner to a local hospital;
               (19)  provide guidelines to sheriffs regarding
  contracts between a sheriff and another entity for the provision of
  food services to or the operation of a commissary in a jail under
  the commission's jurisdiction, including specific provisions
  regarding conflicts of interest and avoiding the appearance of
  impropriety;
               (20)  adopt reasonable rules and procedures
  establishing minimum standards for prisoner visitation that
  provide each prisoner at a county jail with a minimum of two
  in-person, noncontact visitation periods per week of at least 20
  minutes duration each;
               (21)  require the sheriff of each county to:
                     (A)  investigate and verify the veteran status of
  each prisoner by using data made available from the Veterans
  Reentry Search Service (VRSS) operated by the United States
  Department of Veterans Affairs or a similar service; and
                     (B)  use the data described by Paragraph (A) to
  assist prisoners who are veterans in applying for federal benefits
  or compensation for which the prisoners may be eligible under a
  program administered by the United States Department of Veterans
  Affairs;
               (22)  adopt reasonable rules and procedures regarding
  visitation of a prisoner at a county jail by a guardian, as defined
  by Section 1002.012, Estates Code, that:
                     (A)  allow visitation by a guardian to the same
  extent as the prisoner's next of kin, including placing the
  guardian on the prisoner's approved visitors list on the guardian's
  request and providing the guardian access to the prisoner during a
  facility's standard visitation hours if the prisoner is otherwise
  eligible to receive visitors; and
                     (B)  require the guardian to provide the sheriff
  with letters of guardianship issued as provided by Section
  1106.001, Estates Code, before being allowed to visit the prisoner;
  and
               (23)  adopt reasonable rules and procedures to ensure
  the safety of prisoners, including rules and procedures that
  require a county jail to:
                     (A)  give prisoners the ability to access a mental
  health professional at the jail through a telemental health service
  24 hours a day;
                     (B)  give prisoners the ability to access a health
  professional at the jail or through a telehealth service 24 hours a
  day or, if a health professional is unavailable at the jail or
  through a telehealth service, provide for a prisoner to be
  transported to access a health professional; and
                     (C)  if funding is available under Section
  511.019, install automated electronic sensors or cameras to ensure
  accurate and timely in-person checks of cells or groups of cells
  confining at-risk individuals.
         SECTION 2.  Chapter 511, Government Code, is amended by
  adding Sections 511.0104 and 511.0105 to read as follows:
         Sec. 511.0104.  RULES REGARDING RESTRAINT OF PREGNANT
  PRISONER. (a) The commission shall adopt reasonable rules and
  procedures regarding the use of any type of restraints to control or
  restrict the movement of a prisoner, including a limb or other part
  of the prisoner, who is confirmed to be pregnant or who gave birth
  in the preceding 12 weeks.
         (b)  The rules and procedures must: 
               (1)  prohibit the use of restraints on a prisoner
  described by Subsection (a) for the duration of the pregnancy and
  for a period of not less than 12 weeks after the prisoner gives
  birth unless:
                     (A)  supervisory personnel determines:
                           (i)  the use of restraints is necessary to
  prevent an immediate and credible risk that the prisoner will
  attempt to escape; or
                           (ii)  the prisoner poses an immediate and
  serious threat to the health and safety of the prisoner, staff, or
  any member of the public; or
                     (B)  a health care professional responsible for
  the health and safety of the prisoner determines that the use of
  restraints is appropriate for the health and safety of the prisoner
  and, if applicable, the unborn child of the prisoner;
               (2)  require jail staff that uses restraints as
  permitted under Subdivision (1) to use the least restrictive
  restraints necessary to prevent escape or to ensure health and
  safety; and
               (3)  notwithstanding Subdivision (1), require jail
  staff to, at the request of a health care professional responsible
  for the health and safety of the prisoner, refrain from using
  restraints on the prisoner or to remove the restraints.
         Sec. 511.0105.  REPORT REGARDING RESTRAINT OF PREGNANT
  PRISONER. (a)  Not later than February 1 of each year, each county
  jail shall submit to the commission a report regarding the jail's
  use, during the preceding calendar year, of any type of restraints
  to control or restrict the movement of a prisoner, including a limb
  or other part of the prisoner, who is confirmed to be pregnant or
  who gave birth in the preceding 12 weeks.
         (b)  The report must include the circumstances of each use of
  restraints, including:
               (1)  the specific type of restraints used;
               (2)  what activity the prisoner was engaged in
  immediately before being restrained;
               (3)  whether the prisoner was restrained during or
  after delivery;
               (4)  whether the prisoner was restrained while being
  transported to a local hospital; and
               (5)  the reasons supporting the determination to use
  the restraints, a description of the process by which the
  determination was made, and the name and title of the person or
  persons making the determination.
         (c)  The commission shall prescribe a form for the report
  required for this section.
         SECTION 3.  Not later than December 1, 2019, the Commission
  on Jail Standards shall:
               (1)  adopt the rules and procedures required by Section
  511.009(a)(18), Government Code, as amended by this Act, and
  Section 511.0104, Government Code, as added by this Act; and
               (2)  prescribe the form required by Section 511.0105,
  Government Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1651 was passed by the House on April
  9, 2019, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1651 on May 22, 2019, by the following vote:  Yeas 144, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1651 was passed by the Senate, with
  amendments, on May 15, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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