By Delisi H.B. No. 1758
74R6280 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of telephones by defendants confined in the
1-3 institutional division of the Texas Department of Criminal Justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 501, Government Code, is
1-6 amended by adding Section 501.018 to read as follows:
1-7 Sec. 501.018. USE OF TELEPHONES BY INMATES. (a) The
1-8 institutional division shall adopt policies to ensure that an
1-9 inmate in a facility operated by the division will receive an
1-10 incoming telephone call only if the warden of the facility housing
1-11 the inmate determines:
1-12 (1) the call is made under emergency circumstances and
1-13 does not pose a threat to the security of the facility; or
1-14 (2) the use of the telephone is the only reasonable
1-15 means under the circumstances that permits communication between
1-16 the inmate and the inmate's attorney.
1-17 (b) The institutional division shall establish procedures to
1-18 be followed by an inmate who requests access to use of a telephone
1-19 to place an outgoing call. The procedures may include a
1-20 requirement that the duration of any call be limited to a specified
1-21 time period. Except as provided by Subsection (a), the
1-22 institutional division may deny access to the use of a telephone by
1-23 an inmate based on the inmate's disciplinary status or because the
1-24 inmate fails to follow procedures established under this section.
2-1 (c) The institutional division may not allow a telephone to
2-2 be placed in an inmate's cell or in dayroom space unless the
2-3 telephone was in connection at that location before September 1,
2-4 1995.
2-5 SECTION 2. Subchapter B, Chapter 507, Government Code, is
2-6 amended by adding Section 507.028 to read as follows:
2-7 Sec. 507.028. USE OF TELEPHONES BY DEFENDANTS. The state
2-8 jail division shall adopt policies and procedures governing the use
2-9 of telephones by defendants described by Section 507.002 who are
2-10 confined in state jail felony facilities. The state jail division
2-11 may adopt policies and procedures that allow a defendant confined
2-12 in a state jail felony facility greater access to a telephone than
2-13 the policies and procedures adopted by the institutional division
2-14 allow an inmate confined in a facility operated by that division.
2-15 SECTION 3. (a) The institutional division of the Texas
2-16 Department of Criminal Justice shall adopt the policies and
2-17 procedures required by Section 501.018, Government Code, as added
2-18 by this Act, not later than January 1, 1996.
2-19 (b) The state jail division of the Texas Department of
2-20 Criminal Justice shall adopt the policies and procedures required
2-21 by Section 507.028, Government Code, as added by this Act, not
2-22 later than January 1, 1996.
2-23 SECTION 4. This Act takes effect September 1, 1995.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby
3-2 suspended.