By Lewis of Orange H.B. No. 2172
74R4440 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to capacity limits for county jail dormitories and day
1-3 rooms.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 351.006(c), Local Government Code, is
1-6 amended to read as follows:
1-7 (c) A dormitory or day room must be designed to accommodate
1-8 not more than the number of <48> prisoners permitted for the
1-9 dormitory or day room under capacity limits established by the
1-10 Commission on Jail Standards.
1-11 SECTION 2. Section 511.009(a), Government Code, is amended
1-12 to read as follows:
1-13 (a) The commission shall:
1-14 (1) adopt reasonable rules and procedures establishing
1-15 minimum standards for the construction, equipment, maintenance, and
1-16 operation of county jails;
1-17 (2) adopt reasonable rules and procedures establishing
1-18 minimum standards for the custody, care, and treatment of
1-19 prisoners;
1-20 (3) adopt reasonable rules establishing minimum
1-21 standards for the number of jail supervisory personnel and for
1-22 programs and services to meet the needs of prisoners;
1-23 (4) adopt reasonable rules and procedures establishing
1-24 minimum requirements for programs of rehabilitation, education, and
2-1 recreation in county jails;
2-2 (5) revise, amend, or change rules and procedures if
2-3 necessary;
2-4 (6) provide to local government officials consultation
2-5 on and technical assistance for county jails;
2-6 (7) review and comment on plans for the construction
2-7 and major modification or renovation of county jails;
2-8 (8) require that the sheriff and commissioners of each
2-9 county submit to the commission, on a form prescribed by the
2-10 commission, an annual report on the conditions in each county jail
2-11 within their jurisdiction, including all information necessary to
2-12 determine compliance with state law, commission orders, and the
2-13 rules adopted under this chapter;
2-14 (9) review the reports submitted under Subdivision (8)
2-15 and require commission employees to inspect county jails regularly
2-16 to ensure compliance with state law, commission orders, and rules
2-17 and procedures adopted under this chapter;
2-18 (10) adopt capacity limits approved by the sheriff for
2-19 dormitories or day rooms for each county jail; and
2-20 (11) <(10)> at least annually determine whether each
2-21 county jail is in compliance with the rules and procedures adopted
2-22 under this chapter.
2-23 SECTION 3. The Commission on Jail Standards shall adopt
2-24 capacity limits for dormitories and day rooms for each county jail
2-25 as required by Section 511.009(a), Government Code, as amended by
2-26 this Act, not later than the 180th day after the effective date of
2-27 this Act.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.