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.