BWH H.B. 2532 75(R)BILL ANALYSIS COUNTY AFFAIRS H.B. 2532 By: Hightower 4-16-97 Committee Report (Unamended) BACKGROUND The Texas Commission on Jail Standards (TCJS) was created in 1975 by the 64th Legislature to set minimum standards for the operation of jail facilities in 242 counties and to inspect facilities for compliance with those standards. TCJS also regulates 11 private correctional facilities that operate by contract with a city or a county. TCJS is governed by a nine member board and carries out its programs and functions with a staff of 22 located solely in Austin. In fiscal year 1996, TCJS had a budget of $957,853. TCJS is subject to the sunset act and will be abolished September 1, 1997 unless continued by the Legislature. As a result of its review of TCJS, the Sunset Advisory Commission recommended continuation and several statutory modifications that are contained in this legislation. PURPOSE The purpose of this bill is to continue the Texas Commission on Jail Standards for a 12-year period and make statutory modifications recommended by the Sunset Advisory Commission and provide for other changes. The major modifications proposed by this bill: -Close a loophole that allows private correctional facilities to escape regulation while accepting prisoners from out of state. This lack of regulation increases the potential for safety and security problems at some private facilities in the state. In addition, provisions prevent county and municipal jails, and private facilities that contract with them, from accepting dangerous prisoners and establish a method to ensure the state is reimbursed in case a state agency incurs costs by responding to an emergency caused by inmates from other states. -Require TCJS to establish a system to target inspections of facilities under its jurisdiction. Having TCJS develop an inspection schedule based on compliance history and other risk factors, including a greater number of unannounced inspections, would enable TCJS to focus on those facilities that need additional scrutiny. -Continue TCJS for 12 years. A continuing need exists to regulate and inspect jail facilities to protect public safety, ensure safe facilities and avoid costly court regulation of county jails. -Provide for other changes as recommended by the Sunset Commission. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to TCJS in the following sections: SECTION 7 - Section 511.009(a), Government Code, SECTION 9 - Section 511.0093. In addition, under the general rulemaking authority already granted to TCJS, rules may be developed to implement other new provisions found in this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 511.001, Government Code by inserting new subsections (2), (5) and (6) and renumbering the remaining subsections. (2) Defines "correctional facility" as a facility operated by a county, municipality or a private vendor for the confinement of a person arrested, charged or convicted of a criminal offense. (5) Defines "federal prisoner" as a person arrested, charged or convicted of a violation of federal law. (6) Defines "inmate" as a person arrested, charged or convicted of a criminal offense of Texas or any other state of the United States and confined in a county or municipal jail or a correctional facility operated by a county, municipality or private vendor. SECTION 2. Amends Section 511.003. Updates TCJS's sunset date to September 1, 2009, which provides for the usual 12-year review. SECTION 3. Amends Section 511.004 by amending (a) and (f) and adding (g)-(h). (a) Updates standard language developed by the Sunset Commission by clarifying that four members of the commission must be representatives of the general public. (f) Updates standard language developed by the Sunset Commission by removing the term "handicap" and replacing it with "disability" in language requiring non-discriminatory appointments. (g) Adds standard language developed by the Sunset Commission. Prohibits appointment as a public member if the person or the person's spouse conducts business with the agency, or otherwise has financial ties to the regulated industry. (h) Adds standard language developed by the Sunset Commission. Requires commission members to complete at least one course of training before assuming their duties and being confirmed by the Senate. SECTION 4. Amends Section 511.0041(c). Updates language developed by the Sunset Commission by requiring notification of the Attorney General if knowledge that a potential ground for removal of a commission member exists and providing for the notification of the Governor and Attorney General if grounds for removal involve the presiding officer. SECTION 5. Amends Section 511.0071 by adding (f). Updates standard language developed by the Sunset Commission to require the commission to collect and maintain information about all complaints filed with the commission. SECTION 6. Amends Section 511.008(h)-(i). Updates standard language developed by the Sunset Commission by requiring the executive director or a designee to develop an equal employment policy that is annually updated, reviewed by the Texas Commission on Human Rights, and filed with the Governor's Office. Makes conforming change. SECTION 7. Amends Section 511.009(a) by adding (15). Requires the commission to schedule announced and unannounced inspections of facilities under its jurisdiction based on past compliance with commission standards and other criteria identified by the commission. Makes conforming change to renumber subsections. SECTION 8. Amends Section 511.0091(d). Adds standard language developed by the Sunset commission. Requires the commission's funds to be managed in accordance with the State Funds Reform Act. Deletes language regarding the jails standards inspection account in the General Revenue Fund that is obsolete because of funds consolidation. SECTION 9. Adds Sections 511.0092, 511.0093, and 511.0094. Section 511.0092(a)-(g). (a) Specifies that the only entities that can legally operate a correctional facility housing other-state inmates are a county, a municipality or a private vendor that contracts with a county or municipality. (b) Specifies that a county or municipality can only enter into a contract with another state or a jurisdiction in another state if the county or municipality submits to TCJS a statement of the custody level and availability of space in the facility, and a written plan to coordinate law enforcement activities in the case of an emergency situation. Also requires TCJS to inspect the facility to determine if it is a proper facility to house the inmates and to review the emergency action plan. (c) Prohibits a private vendor from operating a correctional facility to house other-state inmates. (d) Specifies conditions that a contract between a county or municipality and another state must meet for a facility to house that state's inmates, including requiring inmates to be returned to the sending state before release, and checking records relating to inmate classification, conduct and health before transferring the inmate from the sending state to ensure compliance with TCJS standards. Contracts must prevent the incarceration of other states inmates with a record of institutional violence involving the use of a deadly weapon, a pattern of violence while incarcerated, or a history of escape. The contract must also require the receiving entity to determine the inmate's custody level in accordance with TCJS rules and authorizes the receiving facility to terminate the contract between the county and municipality and the sending state with 90 days notice. (e) Authorizes TCJS to waive the requirements relating to sending or receiving an inmate with a record of institutional violence involving the use of a deadly weapon, a pattern of violence while incarcerated, or a history of escape, if TCJS determines that the receiving facility is capable of confining an inmate with such a record. (f) Requires that a county, municipality, or private vendor contracting to house otherstate inmates to send a copy of the contract to TCJS, to require certification of facility employees by the Commission on Law Enforcement and Officer Standards and Education, to submit to inspections by TCJS, and to immediately notify TCJS of any emergency situation. (g) Authorizes TCJS to require the sending state or a county, municipality or private vendor that houses other-state inmates to reimburse the state of Texas for any cost incurred by Texas state agency responding to an emergency situation. Section 511.0093(a)-(c). (a) Authorizes TCJS to impose a fee on a private vendor that operates a facility holding prisoners from jurisdictions other than Texas. The fee must recover the costs of regulating and providing technical assistance to the facility. (b) Authorizes TCJS to adopt rules regulating how many federal prisoners and prisoners from other states a county, municipal or private correctional facility can hold, if the jail or correctional facility houses state, county, or municipal prisoners or prisoners from another state of the United States. (c) Authorizes TCJS to adopt rules regulating county or municipal jails or private facilities operated under contract with a county or municipality that house prisoners from jurisdictions other than Texas. Section 511.0094. Excludes municipal and private facilities that hold only federal prisoners under a contract with the federal government from TCJS's regulatory authority. Requires a county, municipality or a private vendor to report to TCJS before placing state, county or municipal prisoners in a facility housing only federal prisoners. SECTION 10. Repeals Section 351.043(e), Local Government Code. Removes language regarding the regulation of federal prisoners and prisoners from jurisdictions other than Texas. This provision is relocated in SECTION 9 - Section 511.0093(b). SECTION 11. Specifies that the changes in board member qualifications apply only to board members appointed on or after September 1, 1997. Specifies that the changes to board member qualifications do not prevent a person who serves on the board before September 1, 1997 from being reappointed if that person meets the qualifications effective on that date. SECTION 12. Establishes the effective date of the Act as September 1, 1997. SECTION 13. Emergency clause.