By: Whitmire S.B. No. 532
73R1425(5) GWK
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the state jail division of the Texas
1-3 Department of Criminal Justice and the confinement of certain
1-4 felons awaiting transfer from county jails to the institutional
1-5 division of the department; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 491.001(a), Government Code, is amended
1-8 by adding Subdivision (7) to read as follows:
1-9 (7) "State jail division" means the state jail
1-10 division of the department.
1-11 SECTION 2. Section 493.002(a), Government Code, is amended
1-12 to read as follows:
1-13 (a) The following divisions are within the department:
1-14 (1) the community justice assistance division;
1-15 (2) the institutional division; <and>
1-16 (3) the pardons and paroles division; and
1-17 (4) the state jail division.
1-18 SECTION 3. Chapter 493, Government Code, is amended by
1-19 adding Section 493.0051 to read as follows:
1-20 Sec. 493.0051. STATE JAIL DIVISION. The state jail division
1-21 shall operate and manage state jails to confine inmates described
1-22 by Section 507.002.
1-23 SECTION 4. Section 494.008(a), Government Code, is amended
1-24 to read as follows:
2-1 (a) The director of the institutional division or the
2-2 director's designee may authorize employees of the institutional
2-3 division to transport inmates and to apprehend escapees from any
2-4 <the> division of the department. An employee acting under
2-5 authority granted by the director has the same powers and duties as
2-6 a peace officer under the laws of this state, except that the
2-7 employee may not act without receiving express orders from the
2-8 director or the director's designee, and may exercise those powers
2-9 and perform those duties throughout the state but only during duty
2-10 hours.
2-11 SECTION 5. Section 498.003(e), Government Code, is amended
2-12 to read as follows:
2-13 (e) If a person confined in a county jail or state jail is
2-14 transferred to the institutional division, the director of the
2-15 institutional division shall award good conduct time to the person
2-16 up to an amount equal to that which the person could have accrued
2-17 during the period of confinement <imprisonment> in the county jail
2-18 or state jail if instead the person had been imprisoned
2-19 <incarcerated> in the division during that period.
2-20 SECTION 6. Subtitle G, Title 4, Government Code, is amended
2-21 by adding Chapter 507 to read as follows:
2-22 CHAPTER 507. JAIL DIVISION
2-23 Sec. 507.001. AUTHORITY TO OPERATE OR CONTRACT FOR STATE
2-24 JAILS. (a) The state jail division may operate, maintain, and
2-25 manage state jails to confine inmates described by Section 507.002,
2-26 and the board may finance and construct those facilities. The
2-27 state jail division, with the approval of the board, may contract
3-1 with the institutional division, a private vendor, or the
3-2 commissioners court of a county for the operation, maintenance, or
3-3 management of a state jail. The board may contract with a private
3-4 vendor or the commissioners court of a county for the financing or
3-5 construction of a state jail.
3-6 (b) The board and the state jail division shall ensure that
3-7 a service described by Subsection (a) is provided in compliance
3-8 with standards established under Section 511.017, whether the
3-9 board or the state jail division provides the service or contracts
3-10 with an entity listed in Subsection (a) for the provision of the
3-11 service.
3-12 (c) A state jail authorized by this chapter may be located
3-13 on private land or on land owned by the federal government, the
3-14 state, or a political subdivision of the state. The board may
3-15 accept land donated for that purpose.
3-16 Sec. 507.002. ELIGIBLE INMATES. (a) The state jail
3-17 division may confine an inmate in a state jail authorized by this
3-18 chapter:
3-19 (1) only if paperwork and processing required under
3-20 Section 8(a), Article 42.09, Code of Criminal Procedure, for
3-21 transfer of the inmate to the institutional division of the Texas
3-22 Department of Criminal Justice has been completed; and
3-23 (2) only during a period in which the inmate would
3-24 otherwise be confined in a county jail awaiting transfer to the
3-25 institutional division following conviction of a felony or
3-26 revocation of probation, parole, or release on mandatory
3-27 supervision.
4-1 (b) The state jail division may confine, in addition to
4-2 inmates described by Subsection (a), inmates sentenced by a court
4-3 to a term of confinement in a state jail under a statute that
4-4 specifically authorizes confinement in a state jail as punishment
4-5 for an offense.
4-6 Sec. 507.003. ADMISSIONS POLICY. The board shall develop,
4-7 adopt, and enforce:
4-8 (1) an admissions policy to accept from county jails
4-9 eligible inmates for confinement in state jails authorized by this
4-10 chapter; and
4-11 (2) a transfer policy to transfer eligible inmates
4-12 from state jails authorized by this chapter to the institutional
4-13 division.
4-14 Sec. 507.004. CUSTODY STATUS; GOOD CONDUCT TIME. An inmate
4-15 confined in a state jail authorized by this chapter:
4-16 (1) is in the legal custody of the state jail
4-17 division; and
4-18 (2) earns good conduct time in the same manner and
4-19 subject to the same rules as if the inmate were confined in a
4-20 county jail awaiting transfer to the institutional division, except
4-21 that the state jail division shall maintain the record assessing
4-22 the inmate's conduct while confined in the state jail.
4-23 Sec. 507.005. DURATION OF CONFINEMENT. (a) Except as
4-24 provided by Subsection (b), the state jail division may not confine
4-25 an inmate in a state jail authorized by this chapter for a period
4-26 that exceeds 18 months.
4-27 (b) If an inmate is confined in a state jail, is released
5-1 from or transferred from the state jail or returned to the
5-2 convicting county under court order, and is convicted of a
5-3 subsequent offense, is returned from the convicting county, or is
5-4 the subject of a revocation of parole or mandatory supervision, the
5-5 state jail division shall not calculate the previous period of
5-6 confinement in determining the maximum period the defendant may be
5-7 confined in the state jail following conviction of the subsequent
5-8 offense, return from the convicting county, or revocation.
5-9 (c) If an inmate is discharged or released on parole or
5-10 mandatory supervision from a state jail, the inmate is entitled to
5-11 receive release or discharge money from the state jail division in
5-12 the same amount as an inmate is entitled to receive on release or
5-13 discharge from the institutional division under Section 501.015,
5-14 and the state jail division shall pay the inmate in the same manner
5-15 as the institutional division pays inmates under that section.
5-16 Sec. 507.006. EMPLOYEES: LIMITED LAW ENFORCEMENT POWERS.
5-17 (a) The director of the state jail division or the director's
5-18 designee may authorize employees of the division to transport
5-19 inmates and to apprehend escapees from any division of the
5-20 department. An employee acting under authority granted by the
5-21 director has the same powers and duties as a peace officer under
5-22 the laws of this state, except that the employee may not act
5-23 without receiving express orders from the director or the
5-24 director's designee, and may exercise those powers and perform
5-25 those duties throughout the state, but only during duty hours.
5-26 (b) The state jail division may allow employees who are
5-27 granted law enforcement authority under this section to assist
6-1 peace officers in any county of the state if the assistance is
6-2 requested for the purpose of apprehending an escapee of a municipal
6-3 or county jail and if the division determines that the assistance
6-4 will not jeopardize the safety and security of the division and its
6-5 personnel. An employee who assists a peace officer in the
6-6 performance of the officer's duties has the same powers and duties
6-7 as the officer requesting assistance.
6-8 (c) An employee of the state jail division may not enforce
6-9 the laws of this state relating to the prevention of misdemeanors
6-10 and the detention of persons who commit misdemeanors, including
6-11 laws regulating traffic and the use of state highways.
6-12 (d) An employee described by Subsection (a) may not be
6-13 considered a peace officer for any purposes other than those
6-14 specified under this section and is not required to be certified by
6-15 the Commission on Law Enforcement Officer Standards and Education.
6-16 Sec. 507.007. EMPLOYEES' SALARIES, ROOM AND BOARD, AND
6-17 MEDICAL CARE. (a) Salaries of employees of the state jail
6-18 division and the provision of board, lodging, uniforms, and other
6-19 provisions to employees are as provided by the General
6-20 Appropriations Act.
6-21 (b) Employees of the state jail division who are injured in
6-22 the line of duty are entitled to receive free medical care and
6-23 hospitalization from institutional division doctors and the
6-24 institutional division hospital.
6-25 Sec. 507.008. AIDS AND HIV EDUCATION; TESTING. (a) The
6-26 state jail division shall establish and provide education programs
6-27 to educate state jail division employees and inmates about AIDS and
7-1 HIV in the same manner as the institutional division establishes
7-2 and provides programs for employees and inmates under Section
7-3 501.054.
7-4 (b) The state jail division shall adopt a policy for
7-5 handling an inmate with AIDS or HIV and may test an inmate for AIDS
7-6 or HIV in the same manner and subject to the same conditions as
7-7 apply to the institutional division under Section 501.054.
7-8 (c) In this section, "AIDS" and "HIV" have the meanings
7-9 assigned by Section 81.101, Health and Safety Code.
7-10 Sec. 507.009. TRANSPORTATION OF INMATES. The director of
7-11 the state jail division shall adopt rules to provide for the safe
7-12 transfer of inmates from the counties in which inmates are
7-13 sentenced to the state jail division. A sheriff may transport
7-14 inmates to the state jail division if the sheriff is able to
7-15 perform the service as economically as if the service were
7-16 performed by the division. The state jail division is responsible
7-17 for the cost of transportation of inmates to the division.
7-18 SECTION 7. Chapter 511, Government Code, is amended by
7-19 adding Section 511.017 to read as follows:
7-20 Sec. 511.017. DUTIES RELATED TO JAIL DIVISION FACILITIES.
7-21 (a) In this section:
7-22 (1) "State jail" means a state jail authorized by
7-23 Chapter 507.
7-24 (2) "State jail division" means the state jail
7-25 division of the Texas Department of Criminal Justice.
7-26 (b) The commission shall:
7-27 (1) adopt reasonable rules and procedures establishing
8-1 minimum standards for the construction, equipment, maintenance, and
8-2 operation of state jails;
8-3 (2) adopt reasonable rules and procedures establishing
8-4 minimum standards for the custody, care, and treatment of inmates
8-5 of state jails;
8-6 (3) adopt reasonable rules establishing minimum
8-7 standards for the number of supervisory personnel and for programs
8-8 and services to meet the needs of inmates of state jails;
8-9 (4) adopt reasonable rules and procedures establishing
8-10 minimum requirements for programs of rehabilitation, education, and
8-11 recreation in state jails;
8-12 (5) revise, amend, or change rules and procedures if
8-13 necessary;
8-14 (6) provide the state jail division consultation on
8-15 and technical assistance for state jails;
8-16 (7) review and comment on plans for the construction
8-17 and major modification or renovation of state jails;
8-18 (8) require that the state jail division submit to the
8-19 commission, on a form prescribed by the commission, an annual
8-20 report on the conditions in each state jail, including all
8-21 information necessary to determine compliance with state law,
8-22 commission orders, and the rules adopted under this chapter;
8-23 (9) review the reports submitted under Subdivision (8)
8-24 and require commission employees to inspect state jails regularly
8-25 to ensure compliance with state law, commission orders, and rules
8-26 and procedures adopted under this chapter; and
8-27 (10) at least annually determine whether each state
9-1 jail is in compliance with the rules and procedures adopted under
9-2 this section.
9-3 SECTION 8. Section 811.001(8), Government Code, is amended
9-4 to read as follows:
9-5 (8) "Custodial officer" means a member of the
9-6 retirement system who is employed by the institutional division or
9-7 the state jail division of the Texas Department of Criminal Justice
9-8 <Corrections> and certified by the <that> department as having a
9-9 normal job assignment that requires frequent or infrequent
9-10 regularly planned contact with, and in close proximity to, inmates
9-11 of the institutional division or the state jail division <that
9-12 institution> without the protection of bars, doors, security
9-13 screens, or similar devices and includes assignments normally
9-14 involving supervision or the potential for supervision of inmates
9-15 in inmate housing areas, educational or recreational facilities,
9-16 industrial shops, kitchens, laundries, medical areas, agricultural
9-17 shops or fields, or in other areas on or away from property of the
9-18 institutional division or the state jail division <institution>.
9-19 SECTION 9. Section 8, Article 42.09, Code of Criminal
9-20 Procedure, is amended by amending Subsection (h) and by adding
9-21 Subsection (i) to read as follows:
9-22 (h) If the board releases on parole a person who is confined
9-23 in a jail in this state, a federal correctional institution, or a
9-24 correctional institution in another state, the Board of Pardons and
9-25 Paroles shall request the sheriff or the director of the state jail
9-26 division who would otherwise be required to transfer the person to
9-27 the institutional division of the Texas Department of Criminal
10-1 Justice <Corrections> to forward to the board and to the
10-2 institutional division <department> the information described by
10-3 Subsections (a) and (c) of this section. The sheriff and the
10-4 director of the state jail division shall comply with a <the>
10-5 request of the board. The board shall determine whether the
10-6 information forwarded by the sheriff or the director of the state
10-7 jail division under this subsection contains a fingerprint from the
10-8 person and, if not, the board shall obtain a 10-finger print from
10-9 the person, either by use of the ink-rolled print method or by use
10-10 of a live-scanning device that prints the fingerprint image on
10-11 paper, and shall forward the 10-finger print to the institutional
10-12 division <department> for inclusion with the information sent by
10-13 the sheriff or the director of the state jail division.
10-14 (i) A county that transfers a defendant to the state jail
10-15 division of the Texas Department of Criminal Justice shall deliver
10-16 to the director of the division the same items relating to the
10-17 defendant that the county would otherwise deliver to the director
10-18 of the institutional division on transfer of the defendant to the
10-19 institutional division. On transfer of the defendant from the
10-20 state jail division to the institutional division, the state jail
10-21 division shall transfer the items to the director of the
10-22 institutional division.
10-23 SECTION 10. Section 22.02(a), Penal Code, is amended to read
10-24 as follows:
10-25 (a) A person commits an offense if the person commits
10-26 assault as defined in Section 22.01 of this code and the person:
10-27 (1) causes serious bodily injury to another, including
11-1 the person's spouse;
11-2 (2) threatens with a deadly weapon or threatens to
11-3 cause bodily injury or causes bodily injury to a member of the
11-4 Board of Pardons and Paroles or the Texas Board of Criminal
11-5 Justice, an employee of the pardons and paroles division of the
11-6 Texas Department of Criminal Justice, an employee of the Windham
11-7 Schools, a peace officer, or a jailer, guard, or other employee of
11-8 a municipal or county jail, the institutional division or state
11-9 jail division of the Texas Department of Criminal Justice, or a
11-10 correctional facility authorized by Subchapter F, Chapter 351,
11-11 Local Government Code, <or> Chapter 495, Government Code, or
11-12 Section 507.001(a), Government Code, when the person knows or has
11-13 been informed the person assaulted is a member of the Board of
11-14 Pardons and Paroles or the Texas Board of Criminal Justice, an
11-15 employee of the pardons and paroles division, an employee of the
11-16 Windham Schools, a peace officer, or a jailer, guard, or other
11-17 employee:
11-18 (A) while the member of the Board of Pardons and
11-19 Paroles or Texas Board of Criminal Justice, employee of the pardons
11-20 and paroles division, employee of the Windham Schools, peace
11-21 officer, jailer, guard, or other employee is lawfully discharging
11-22 an official duty; or
11-23 (B) in retaliation for or on account of an
11-24 exercise of official power or performance of an official duty as a
11-25 member of the Board of Pardons and Paroles or Texas Board of
11-26 Criminal Justice, an employee of the pardons and paroles division,
11-27 an employee of the Windham Schools, a peace officer, or a jailer,
12-1 guard, or other employee; or
12-2 (3) causes bodily injury to a participant in a court
12-3 proceeding when the person knows or has been informed the person
12-4 assaulted is a participant in a court proceeding:
12-5 (A) while the injured person is lawfully
12-6 discharging an official duty; or
12-7 (B) in retaliation for or on account of the
12-8 injured person's having exercised an official power or performed an
12-9 official duty as a participant in a court proceeding; or
12-10 (4) uses a deadly weapon.
12-11 SECTION 11. Section 22.03(a), Penal Code, is amended to read
12-12 as follows:
12-13 (a) A person commits an offense if, with a deadly weapon, he
12-14 intentionally or knowingly causes serious bodily injury:
12-15 (1) to a peace officer, a jailer, a guard, or other
12-16 employee of a municipal or county jail, the institutional division
12-17 or state jail division of the Texas Department of Criminal Justice,
12-18 or a correctional facility authorized by Subchapter F, Chapter 351,
12-19 Local Government Code, <or> Chapter 495, Government Code, or
12-20 Section 507.001(a), Government Code, a member of the Board of
12-21 Pardons and Paroles or the Texas Board of Criminal Justice, an
12-22 employee of the Windham Schools, or an employee of the pardons and
12-23 paroles division of the Texas Department of Criminal Justice, where
12-24 he knows or has been informed the person assaulted is a peace
12-25 officer, jailer, guard, other employee, member of the Board of
12-26 Pardons and Paroles or the Texas Board of Criminal Justice,
12-27 employee of the Windham Schools, or employee of the pardons and
13-1 paroles division:
13-2 (A) while the peace officer, jailer, guard,
13-3 other employee, member of the Board of Pardons and Paroles or the
13-4 Texas Board of Criminal Justice, or employee of the pardons and
13-5 paroles division is acting in the lawful discharge of an official
13-6 duty; or
13-7 (B) in retaliation for or on account of an
13-8 exercise of official power or performance of an official duty as a
13-9 peace officer, jailer, guard, other employee, member of the Board
13-10 of Pardons and Paroles or the Texas Board of Criminal Justice,
13-11 employee of the Windham Schools, or employee of the pardons and
13-12 paroles division; or
13-13 (2) to a participant in a court proceeding when he
13-14 knows or has been informed that the person assaulted is a
13-15 participant in a court proceeding:
13-16 (A) while the injured person is in the lawful
13-17 discharge of official duty; or
13-18 (B) in retaliation for or on account of the
13-19 injured person's having exercised an official power or performed an
13-20 official duty as a participant in a court proceeding.
13-21 SECTION 12. The importance of this legislation and the
13-22 crowded condition of the calendars in both houses create an
13-23 emergency and an imperative public necessity that the
13-24 constitutional rule requiring bills to be read on three several
13-25 days in each house be suspended, and this rule is hereby suspended,
13-26 and that this Act take effect and be in force from and after its
13-27 passage, and it is so enacted.