Bill Text: TX SB710 | 2021-2022 | 87th Legislature | Comm Sub

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Bill Title: Relating to the continuation and functions of the Commission on Jail Standards.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Introduced - Dead) 2021-04-15 - Committee report printed and distributed [SB710 Detail]

Download: Texas-2021-SB710-Comm_Sub.html

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By: Hall, et al. S.B. No. 710
(In the Senate - Filed March 5, 2021; March 11, 2021, read
first time and referred to Committee on Criminal Justice;
April 15, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 15, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 710 By: Whitmire

A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Commission on
Jail Standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 511.003, Government Code, is amended to
read as follows:
Sec. 511.003. SUNSET PROVISION. The Commission on Jail
Standards is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished [and this chapter expires] September 1, 2033 [2021].
SECTION 2. Sections 511.004(h), (i), and (j), Government
Code, are redesignated as Section 511.00405, Government Code, and
amended to read as follows:
Sec. 511.00405. TRAINING. (a) [(h)] A person who is
appointed to and qualifies for office as a member of the commission
may not vote, deliberate, or be counted as a member in attendance at
a meeting of the commission until the person completes a training
program that complies with this section [Subsection (i)].
(b) [(i)] The training program [required by Subsection (h)]
must provide the person with information [to the person] regarding:
(1) the law governing commission operations [this
chapter];
(2) the programs, functions, rules, and budget of the
commission;
(3) the scope of and limitations on the rulemaking
authority of the commission;
(4) the results of the most recent formal audit of the
commission;
(5) [(4)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of a state
policy-making body in performing their duties; and
(6) [(5)] any applicable ethics policies adopted by
the commission or the Texas Ethics Commission.
(c) [(j)] A person appointed to the commission is entitled
to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training program
[required by Subsection (h)] regardless of whether attendance at
the program occurs before or after the person qualifies for office.
(d) The executive director of the commission shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each member of the commission. Each
member of the commission shall sign and submit to the executive
director a statement acknowledging that the member received and has
reviewed the training manual.
SECTION 3. Section 511.0071, Government Code, is amended by
amending Subsections (a) and (a-1) and adding Subsections (g) and
(h) to read as follows:
(a) The commission shall prepare information of public
interest describing the functions of the commission [and the
commission's procedures by which complaints regarding the
commission and complaints regarding jails under the commission's
jurisdiction are filed with and resolved by the commission]. The
commission shall make the information available:
(1) to the public, inmates, county officials, and
appropriate state agencies; and
(2) on any publicly accessible Internet website
maintained by the commission.
(a-1) The commission shall adopt rules and procedures
regarding the receipt, investigation, resolution, and disclosure
to the public of complaints regarding the commission and complaints
regarding jails under the commission's jurisdiction that are filed
with the commission. The commission shall:
(1) prescribe a form or forms on which written
complaints regarding the commission and complaints regarding jails
under the commission's jurisdiction may be filed with the
commission;
(2) keep an information file in accordance with
Section 511.0072 [Subsection (f)] regarding each complaint filed
with the commission regarding the commission or a jail under the
commission's jurisdiction;
(3) develop procedures for prioritizing complaints
filed with the commission and a reasonable time frame for
responding to those complaints and appeals of those complaints;
(4) [maintain a system for promptly and efficiently
acting on complaints filed with the commission;
[(5)] develop a procedure for tracking and analyzing
all complaints filed with the commission, according to criteria
that must include:
(A) the reason for or origin of complaints;
(B) the average number of days that elapse
between the date on which complaints are filed, the date on which
the commission first investigates or otherwise responds to
complaints, and the date on which complaints are resolved;
(C) the outcome of investigations or the
resolution of complaints, including dismissals and commission
actions resulting from complaints;
(D) the number of pending complaints at the close
of each fiscal year; [and]
(E) a list of complaint topics that the
commission does not have jurisdiction to investigate or resolve;
[and]
(F) the detailed categorization of each
violation alleged in a complaint;
(G) the comprehensive documentation of each
violation alleged in a complaint; and
(H) for a complaint for which the commission took
no action, the documentation of the reason the complaint was closed
without action;
(5) regularly analyze complaints to identify trends,
including trends with respect to jails with a higher than average
number of complaints, to determine jails requiring additional
inspections; and
(6) regularly prepare and distribute to members of the
commission and make available to the public a report containing a
summary of the information compiled under Subdivisions (4) and
[Subdivision] (5).
(g) The commission shall adopt rules requiring jail
administrators to include in any inmate handbook and prominently
display throughout the jail information regarding the procedure for
complaint investigation and resolution.
(h) The commission shall ensure that a jail complies with
Subsection (g) during any inspection of the jail.
SECTION 4. Chapter 511, Government Code, is amended by
adding Section 511.0072 to read as follows:
Sec. 511.0072. COMPLAINT INFORMATION. (a) The commission
shall maintain a system to promptly and efficiently act on
complaints filed with the commission. The commission shall
maintain information about parties to the complaint, the subject
matter of the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(b) The commission shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The commission shall periodically notify the complaint
parties of the status of the complaint until final disposition
unless the notice would jeopardize an investigation.
SECTION 5. Chapter 511, Government Code, is amended by
adding Section 511.0081 to read as follows:
Sec. 511.0081. ADVISORY COMMITTEES. (a) The commission by
rule may establish advisory committees to make recommendations to
the commission on programs, rules, and policies administered by the
commission.
(b) In establishing an advisory committee under this
section, the commission shall adopt rules, including rules
regarding:
(1) the purpose, role, responsibility, goals, and
duration of the committee;
(2) the size of and quorum requirement for the
committee;
(3) qualifications for committee membership;
(4) appointment procedures for members;
(5) terms of service for members;
(6) training requirements for members;
(7) policies to avoid conflicts of interest by
members;
(8) a periodic review process to evaluate the
continuing need for the committee; and
(9) policies to ensure the committee does not violate
any provision of Chapter 551 applicable to the commission or the
committee.
SECTION 6. Section 511.0085, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The set of risk factors developed under this section may
include the number of months since the commission's last inspection
of the jail.
(c) The commission shall use the set of risk factors
developed under this section [Subsection (a)] to guide the
inspections process for all jails under the commission's
jurisdiction by:
(1) establishing a risk assessment plan to use in
assessing the overall risk level of each jail; and
(2) regularly monitoring the overall risk level of
each jail.
SECTION 7. Chapter 511, Government Code, is amended by
adding Section 511.0086 to read as follows:
Sec. 511.0086. RISK-BASED INSPECTIONS. (a) The commission
shall adopt a policy prioritizing the inspection of jails under the
commission's jurisdiction based on the relative risk level of a
jail. The policy must require the commission to use the risk
assessment plan established under Section 511.0085 to:
(1) schedule announced and unannounced inspections of
jails under the commission's jurisdiction; and
(2) determine how frequently and intensively the
commission conducts risk-based inspections.
(b) The policy may provide for the commission to use
alternative inspection methods for jails determined to be low-risk,
including using abbreviated inspection procedures or other methods
instead of conducting an in-person inspection.
SECTION 8. Section 511.009, Government Code, is amended by
amending Subsections (a), (a-1), and (a-2) and adding Subsection
(f) 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) regularly review the commission's rules and
procedures and revise, amend, or change the 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;
(13) [(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;
(14) [(18)] adopt reasonable rules and procedures
establishing minimum requirements for a county jail to:
(A) determine if a prisoner is pregnant;
(B) ensure that the jail's health services plan
addresses medical care, including obstetrical and gynecological
care, mental health care, nutritional requirements, and any special
housing or work assignment needs for prisoners who 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;
(15) [(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;
(16) [(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;
(17) [(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;
(18) [(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;
(19) [(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 or through a telemental health
service 24 hours a day or, if a mental health professional is not at
the county jail at the time, then require the jail to use all
reasonable efforts to arrange for the inmate to have access to a
mental health professional within a reasonable time;
(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; and
(20) [(24)] adopt reasonable rules and procedures
establishing minimum standards for the quantity and quality of
feminine hygiene products, including tampons in regular and large
sizes and menstrual pads with wings in regular and large sizes,
provided to a female prisoner.
(a-1) A county jail that as of September 1, 2015, has
incurred significant design, engineering, or construction costs to
provide prisoner visitation that does not comply with a rule or
procedure adopted under Subsection (a)(16) [(a)(20)], or does not
have the physical plant capability to provide the in-person
prisoner visitation required by a rule or procedure adopted under
Subsection (a)(16) [(a)(20)], is not required to comply with any
commission rule or procedure adopted under Subsection (a)(16)
[(a)(20)].
(a-2) A commission rule or procedure adopted under
Subsection (a)(16) [(a)(20)] may not restrict the authority of a
county jail under the commission's rules in effect on September 1,
2015, to limit prisoner visitation for disciplinary reasons.
(f) The commission's compliance with the requirements of
this section, particularly the requirements regarding the adoption
of rules and procedures, is not contingent on the enactment and
becoming law of any additional legislation.
SECTION 9. Chapter 511, Government Code, is amended by
adding Sections 511.00901, 511.00902, and 511.00903 to read as
follows:
Sec. 511.00901. DUTY REGARDING MINIMUM STANDARDS. (a) The
commission shall ensure that the minimum standards established
under Section 511.009 take into consideration the needs and risks
of the different types and sizes of jails under the commission's
jurisdiction.
(b) The commission shall, on an ongoing basis, review the
minimum standards to identify any standards that do not account for
the needs and risks of the different types and sizes of jails. In
conducting the review, the commission shall solicit feedback from a
diverse collection of jails, including those of different types and
sizes.
(c) The commission shall revise any standards identified
under Subsection (b) as the commission considers necessary. In
revising a standard, the commission shall consider:
(1) establishing tiered or separate standards
depending on the size, resources, or type of jail;
(2) clarifying or amending existing standards; and
(3) publishing guidance on the commission's rule
interpretations.
(d) The commission may not lower any standard in effect on
September 1, 2021, as a result of a review conducted under this
section.
Sec. 511.00902. REINSPECTION. The commission shall adopt
rules and procedures for reinspecting a jail following a
determination by the commission that the jail is not in compliance
with minimum standards. The rules and procedures must require the
commission to:
(1) reinspect all jails not in compliance;
(2) establish a percentage of reinspections for which
the commission shall assess the jail's compliance with all minimum
standards, regardless of whether the jail was in compliance with a
particular standard during the previous inspection; and
(3) randomly select the jails subject to a
reinspection described by Subdivision (2).
Sec. 511.00903. INSPECTION TREND ANALYSIS. The commission
shall regularly analyze data collected during inspections or
reported to the commission under this chapter to identify trends in
noncompliance, inspection outcomes, serious incidents, and any
other related area of jail operations.
SECTION 10. Chapter 511, Government Code, is amended by
adding Section 511.0145 to read as follows:
Sec. 511.0145. ENFORCEMENT ACTIONS. (a) The commission
shall adopt rules establishing a system of graduated, escalating
enforcement actions the commission is authorized under this chapter
to take against jails under the commission's jurisdiction that:
(1) have not made timely progress correcting
noncompliance issues; or
(2) have failed multiple inspections within a certain
number of years as determined by the commission.
(b) The rules must establish time frames for the commission
to take certain graduated, escalating enforcement actions against
jails.
(c) The commission shall develop a schedule of actions to
guide the enforcement actions the commission may take under rules
adopted under Subsection (a). The commission shall make the
schedule available on any publicly accessible Internet website
maintained by the commission. The schedule must:
(1) recommend the appropriate enforcement action
based on the severity of the noncompliance; and
(2) include consideration of any:
(A) aggravating factors, including repeat
violations and failing consecutive inspections; and
(B) mitigating factors.
SECTION 11. Section 511.019(c), Government Code, is amended
to read as follows:
(c) Money in the fund may be appropriated only to the
commission to pay for capital improvements that are required under
Section 511.009(a)(19) [511.009(a)(23)].
SECTION 12. Section 511.021, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (c) to read
as follows:
(a) On the death of a prisoner in a county jail, the
commission shall appoint a law enforcement agency, other than the
local law enforcement agency that operates the county jail, to
investigate the death as soon as possible. Except as otherwise
provided by Subsection (b), the appointed law enforcement agency
shall conduct the investigation.
(b) A law enforcement agency appointed by the commission
under Subsection (a) may present evidence to the commission that
investigating the death would create a conflict of interest that
cannot be mitigated by the law enforcement agency. If the
commission determines that the conflict of interest cannot be
mitigated, the commission shall appoint another law enforcement
agency under Subsection (a) to investigate the death.
(c) The commission shall adopt any rules necessary relating
to the appointment of a law enforcement agency under Subsection
(a), including rules relating to cooperation between law
enforcement agencies and to procedures for handling evidence.
SECTION 13. Sections 511.0071(e) and (f), Government Code,
are repealed.
SECTION 14. Not later than March 1, 2022, the Commission on
Jail Standards shall develop the rules required by Section
511.0071(g), Government Code, as added by this Act. Not later than
April 1, 2022, each jail under the jurisdiction of the Commission on
Jail Standards shall post the information and update the inmate
handbooks as necessary to comply with the commission's rules
adopted under that section.
SECTION 15. (a) Except as provided by Subsection (b) of this
section, Section 511.00405, Government Code, as redesignated and
amended by this Act, applies to a member of the Commission on Jail
Standards appointed before, on, or after the effective date of this
Act.
(b) A member of the Commission on Jail Standards who, before
the effective date of this Act, completed the training program
required by Section 511.004, Government Code, as that law existed
before the effective date of this Act, is only required to complete
additional training on the subjects added by this Act to the
training program required by Section 511.00405, Government Code, as
redesignated and amended by this Act. A member described by this
subsection may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission held on or after December
1, 2021, until the member completes the additional training.
SECTION 16. This Act takes effect September 1, 2021.
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