SGN C.S.H.B. 1693 75(R)BILL ANALYSIS


CORRECTIONS
C.S.H.B. 1693
By: Hinojosa
4-16-97
Committee Report (Substituted)

BACKGROUND 

In some Texas counties there is a still a problem of county jail
overcrowding.  Due to lack of space, some counties must shuttle inmates
hundreds of miles away to the nearest county jail facility that will
accept extra prisoners.  The county jail inmates are housed in these
neighboring facilities pending court hearings and final resolution of
their cases.  

Currently, the Texas Department of Criminal Justice (TDCJ) has state jail
facilities which are either not open or underutilized.  The State Jail
Division has beds available, but few state jail felons to fill these
units.  The unused beds could be better utilized by housing county jail
inmates for overcrowded counties.   

PURPOSE

As proposed, C.S.H.B. 1693 allows TDCJ to contract with counties to house
county jail inmates in state jail facilities. 

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 507, Government Code by adding
Section 507.007 as follows: 

 Sec. 507.007.  USE OF FACILITY FOR COUNTY JAIL INMATES.

(a)  Allows the state jail division, with the approval of the board, to
designate one or more state jail felony facilities, or a portion of one or
more state jail felony facilities, to house county jail inmates.  Provides
that the state jail division may contract with the commissioner's court of
a county to house inmates, but only if  the designation does not deny
placement in a state jail felony facility to defendants required to serve
terms of confinement in a facility following conviction of state jail
felonies; the county jail inmates, to the extent practicable, will be
segregated from other facility inmates; and the facility will house county
jail inmates who do not have a history of violent or assaultive behavior
in county jail. 

(b)  Provides that a county that contracts to house inmates in a state
jail facility may not contract to house inmates from another county or
state in the county jail. 

SECTION 2.  Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute adds language providing that a portion of a state
jail felony facility may also be designated as available to house county
jail inmates.  The substitute also provides that the facility will house
county jail inmates who do not have a history of violent or assaultive
behavior in county jail.