BILL ANALYSIS

Corrections Committee

By: Delisi
04-11-95
Committee Report (Unamended)


BACKGROUND

Currently, the Texas Department of Criminal Justice has an
administrative policy on the use of telephones by inmates; however,
this policy does not have the effect of law.  This leaves TDCJ with
no direction from the legislature as the new policies are being
created.  Because the Institutional Division of the TDCJ and the
State Jail Division operate differing facilities and deal with
differing levels of incarceration, they must be handled separately
to allow for separate policies.  Therefore, legislation is needed
to grant this authority to the Texas Department of Criminal Justice
to create a legislatively directed policy.

PURPOSE

H.B. 1758 would grant the authority to the TDCJ to create and
administer a policy for the Institutional Division facilities and
the State Jail facilities.  Further, it outlines parameters for the
Department to follow in the formulation of these policies.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 501, Government Code, by
adding Section 501.018, as follows:

     Sec. 501.018. USE OF TELEPHONES BY INMATES.

     (a) Requires the institutional division to adopt policies to
     ensure an inmate in a facility run by the division receives an
     incoming phone only if the warden of the facility determines
     that (1) the call is an emergency and does not pose a threat
     to the security of the facility, or (2) that a telephone
     conversation is the only reasonable means in which an inmate
     can communicate with his or her attorney.

     (b) Requires the division to establish procedures to be
     followed by an inmate who requests access to use a telephone
     to make an outgoing call.  Also, it allows for the division to
     place requirements on the duration of a call and the denial of
     phone usage due to disciplinary status or failure to comply
     with the procedures the division has established.

     (c) Directs the institutional division to not allow a
     telephone to be placed in an inmate's cell or in a dayroom
     unless the phone was in connection at that space prior to
     September 1, 1995.

SECTION 2.  Amends Subchapter B, Chapter 507, Government Code, by
adding Section 507.028 to read as follows:

     Sec. 507.028.  USE OF TELEPHONES BY DEFENDANTS.  Requires the
     state jail division to adopt policies and procedures to govern
     the use of phones by defendants described by Section 507.002
     who are confined in state jail facilities.  These policies may
     allow greater access to a telephone and be less stringent than
     those adopted by the institutional division.

SECTION 3.

(a) Requires the institutional division to adopt the necessary
policies to comply with the sections added by this Act by January
1, 1996.

(b) Requires the state jail division to adopt the necessary
policies to comply with the sections added by this Act by January
1, 1996.

SECTION 4.  Effective Date: September 1, 1995.

SECTION 5.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 1758 was considered by the Committee on Corrections in a
public hearing on April 11, 1995.  The Chair recognized
Representative Delisi to explain the bill. 

The Chair recognized the following person to testify neutrally on
the bill:
     Wayne Scott, representing the Texas Department of Criminal
     Justice.

The Chair recognized the following person to testify against the
bill:
     Ray Hill, representing himself.

The bill was reported favorably, without amendment, with the
recommendation that it do pass and be printed by a record vote of
9 ayes, 0 nays, 0 pnv, and 0 absent.