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.