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.