BILL ANALYSIS S.B. 1168 By: Shapiro Criminal Justice 4-20-95 Committee Report (Unamended) BACKGROUND Article 351, Local Government Code, prescribes minimum county jail standards which are enforced by the Commission Jail Standards. The purpose of Chapter 351 is to provide a state regulatory body that follows minimum Federal Constitutional requirements in order to prevent civil rights litigation against counties. The commission adopts rules governing the design, construction, maintenance, and operation of a county jail. Sections 351.005 and 351.006, Local Government Code, provide certain segregation and capacity requirements. These sections limit the flexibility of the commission regarding segregation and capacity requirements for county jails. Recently, federal court decisions as well as congressional actions are changing constitutional standards for incarceration. New classes of inmates that are held in county jails such as Substance Abuse Felony Treatment, state jail inmates, and others have been created. PURPOSE As proposed, S.B. 1168 requires the Commission on Jail Standards to adopt rules relating to the requirements for the segregation of classes of inmates and to capacities for county jails. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to Commission on Jail Standards in SECTION 1 (Section 511.009(a), Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 511.009(a), Government Code, to require the Commission on Jail Standards (commission) to adopt rules relating to requirements for segregation of classes of inmates and to capacities for county jails, among other duties. Makes conforming and nonsubstantive changes. SECTION 2. Repealer: Sections 351.005 and 351.006, Local Government Code (Segregation Requirements-Capacity Requirements). SECTION 3. Requires the commission to adopt the rules required to be adopted under Section 511.009(a), Government Code, not later than the 90th day after the effective of this Act. SECTION 4. Emergency clause. Effective date: upon passage.