Bill Text: TX SB1003 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to a review of and report regarding the use of adult and juvenile administrative segregation in facilities in this state.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1003 Detail]
Download: Texas-2013-SB1003-Enrolled.html
S.B. No. 1003 |
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relating to a review of and report regarding the use of adult and | ||
juvenile administrative segregation in facilities in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 203, Human Resources Code, is amended by | ||
adding Section 203.016 to read as follows: | ||
Sec. 203.016. DATA REGARDING PLACEMENT IN DISCIPLINARY | ||
SECLUSION. (a) In this section: | ||
(1) "Disciplinary seclusion" means the separation of a | ||
resident from other residents for disciplinary reasons and the | ||
placement of the resident alone in an area from which egress is | ||
prevented for more than 90 minutes. | ||
(2) "Juvenile facility" means a facility that serves | ||
juveniles under juvenile court jurisdiction and that is operated as | ||
a pre-adjudication secure detention facility, a short-term | ||
detention facility, or a post-adjudication secure correctional | ||
facility. | ||
(b) The department shall collect the following data during | ||
the annual registration of juvenile facilities and make the data | ||
publicly available: | ||
(1) the number of placements in disciplinary seclusion | ||
lasting at least 90 minutes but less than 24 hours; | ||
(2) the number of placements in disciplinary seclusion | ||
lasting 24 hours or more but less than 48 hours; and | ||
(3) the number of placements in disciplinary seclusion | ||
lasting 48 hours or more. | ||
SECTION 2. DEFINITION. In this Act, "facility" means: | ||
(1) a facility operated by or under contract with the | ||
Texas Department of Criminal Justice; | ||
(2) a facility operated by a municipality, or a | ||
private vendor on behalf of a municipality, for the confinement of a | ||
person arrested for, charged with, or convicted of a criminal | ||
offense; or | ||
(3) a public or private juvenile secure detention | ||
facility. | ||
SECTION 3. REVIEW OF ADMINISTRATIVE SEGREGATION POLICIES. | ||
Subject to the availability of funds from gifts, grants, and | ||
donations accepted under Section 4 of this Act, the Criminal | ||
Justice Legislative Oversight Committee shall appoint an | ||
independent third party to conduct a review of facilities in this | ||
state regarding the facilities' use of adult and juvenile | ||
administrative segregation and related statistics, including: | ||
(1) classification to administrative segregation and | ||
release from administrative segregation; | ||
(2) security threat group classification; | ||
(3) notification of release and release procedures; | ||
(4) access of adults and juveniles confined in | ||
administrative segregation to: | ||
(A) mental health services; | ||
(B) health care services; | ||
(C) substance abuse programs and services; | ||
(D) reentry resources and transitional programs | ||
and services; and | ||
(E) other programs and services that are | ||
available to the general adult and juvenile population; | ||
(5) access of adults confined in administrative | ||
segregation to programs and services for adults who are veterans; | ||
(6) the number of adults and juveniles confined in | ||
administrative segregation who were referred to mental health | ||
professionals; | ||
(7) the average length of time adults and juveniles | ||
were continuously confined in administrative segregation; and | ||
(8) the rate of recidivism among adults and juveniles | ||
who were confined in administrative segregation at any time. | ||
SECTION 4. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS. | ||
(a) For the purpose of funding the third-party review under | ||
Section 3 of this Act, the Criminal Justice Legislative Oversight | ||
Committee may: | ||
(1) apply for and accept: | ||
(A) gifts, grants, and donations from any | ||
organization described in Section 501(c)(3) or (4) of the Internal | ||
Revenue Code of 1986; and | ||
(B) federal grants; and | ||
(2) accept donations from an individual or a private | ||
entity. | ||
(b) All gifts, grants, and donations must be reported in the | ||
public records of the Criminal Justice Legislative Oversight | ||
Committee with the name of the donor and purpose of the gift, grant, | ||
or donation accepted. | ||
SECTION 5. REPORT. Not later than December 31, 2014, the | ||
independent third party shall provide a report of the third party's | ||
findings and recommendations to the governor, the lieutenant | ||
governor, the speaker of the house of representatives, and the | ||
standing legislative committees with primary jurisdiction over | ||
criminal justice matters. At a minimum, the report must contain | ||
detailed recommendations to: | ||
(1) reduce the administrative segregation population | ||
in facilities in this state; | ||
(2) divert adults and juveniles with mental illness | ||
from administrative segregation; and | ||
(3) decrease the length of time adults and juveniles | ||
are confined in administrative segregation in facilities in this | ||
state. | ||
SECTION 6. PUBLIC INFORMATION. Chapter 552, Government | ||
Code, applies to: | ||
(1) the review conducted by the independent third | ||
party under this Act and all information gathered and analyzed for | ||
that review, including background research and any report or | ||
summary; | ||
(2) the report submitted by the independent third | ||
party under Section 5 of this Act; and | ||
(3) all information collected, created, or stored | ||
under this Act by the Criminal Justice Legislative Oversight | ||
Committee. | ||
SECTION 7. EXPIRATION. This Act expires February 1, 2015. | ||
SECTION 8. EFFECTIVE DATE. This Act takes effect September | ||
1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1003 passed the Senate on | ||
April 29, 2013, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 24, 2013, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1003 passed the House, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 133, | ||
Nays 13, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |