SGN C.S.H.B. 405 75(R)BILL ANALYSIS


CORRECTIONS
C.S.H.B. 405
By: West, George "Buddy"
4-30-97
Committee Report (Substituted)


BACKGROUND 

The Texas Department of Criminal Justice provides several activities and
various types of sporting equipment for inmates to use in their
recreational time.  All of the sporting equipment is paid for with money
from the proceeds of the Commissary.  Correctional management officials
utilize the use of these items as a good conduct incentive.  Included in
the types of sporting equipment provided is weight-lifting equipment.
Some people feel that weight-lifting results in larger, more physically
intimidating inmates, which may create a security risk for staff and other
inmates, as well as a public safety threat upon release, and therefore,
they feel weight-lifting equipment should not continue to be provided to
inmates.  Inmates are also currently allowed to watch television and
listen to radios.  Some people feel that these electronic devices should
be used only for educational or work purposes and not for entertainment. 

PURPOSE

C.S.H.B. 405 would require the institutional division to prohibit certain
inmates access to certain recreational amenities, including weight lifting
equipment, television, and radio.  Appropriate exceptions are made to
accommodate the doctor-prescribed, therapeutic use of weight-lifting
equipment, and the use of television and radio in connection with work,
education, or vocational activity. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 501, Government Code, by adding
Section 501.018 as follows: 

Sec. 501.018.  RECREATIONAL AMENITIES.

(a)  Prohibits the institutional division from allowing an inmate
classified as subject to close custody or administrative segregation,
other than an inmate classified as subject to administrative segregation
level I protective custody, access to weight-lifting equipment, except by
doctor's order for therapeutic purposes; or use of television or radio
except in connection with a programmatic activity, such as a work,
educational, or vocational activity. 

(b)  Allows the department to use money appropriated from the general
revenue fund to pay the cost of purchasing or maintaining recreational
equipment to be used by inmates only if the money is appropriated out of
receipts deposited to the general revenue fund from the education and
recreation fund; or the equipment is used exclusively in connection with
physician-recommended physical therapy or a programmatic activity such as
a work, educational, or vocational activity. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.

 
COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds language that prohibits only inmates classified as
subject to close custody or administrative segregation, other than inmates
classified as subject to administrative segregation level I protective
custody, from access to weight-lifting equipment, televisions or radios.
The original bill prohibited all inmates access to these recreational
items.  The substitute also adds language that allows the department to
use general revenue money to purchase or maintain this recreational
equipment only if the money is appropriated out of receipts deposited to
the general revenue fund from the education and recreation fund; or the
equipment is used exclusively in connection with physical therapy or a
programmatic activity.