SGN C.S.H.B. 3254 75(R)BILL ANALYSIS CORRECTIONS C.S.H.B. 3254 By: Hupp 4-9-97 Committee Report (Substituted) BACKGROUND The State currently allows County Jails to enter into contracts with other states to hold those state's prisoners here in Texas. At present, there are over 4,000 out-of-state prisoners in Texas County Jails. Standards for this policy are set by the Commission on Jail Standards which has established a policy for contract requirements. PURPOSE This bill, if enacted, would create more statutory authority over the policy of contracting for outof-state prisoners. These statutes would codify several current policies of the Commission on Jail Standards. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Commission on Jail Standards in SECTION 2, Sec. 511.0093 (a) and (b), Government Code, to adopt rules regulating the number of prisoners and regulating jails or correctional facilities. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 511.001, Government Code, by adding definitions of "Correctional facility," "Federal prisoner," and "Inmate" to the list of definitions for this chapter. SECTION 2. Amends Chapter 511, Government Code, by adding Sections 511.0092, 511.0093, and 511.0094 as follows: Sec. 511.0092. CONTRACTS FOR OUT-OF-STATE INMATES. (a) Provides that only the state, counties, municipalities or private vendors operating under contract with a county or municipality are authorized to house out-of-state inmates. (b) Allows a county or municipality to enter into a contract with another state to house their inmates only if the county or municipality provides to the Commission on Jail Standards a statement of custody level capacity and availability in the facility and a written plan prescribing procedures in the event of a riot, rebellion, escape or other emergency situation; and the commission inspects the facility, verifies the statement and plan, and determines the facility to be a proper facility for housing the inmates. (c) Provides that a private vendor operating a correctional facility in this state, may not enter into a contract with another state or a jurisdiction in another state for housing out-of-state inmates. (d) Provides that contracts between a county or municipality and other states must provide that: (1) the facility meets the minimum standards set by the commission; (2) each inmate be returned to the sending state before being released from custody; (3) before transferring an inmate, the receiving facility shall review for compliance with the commission's classification standards all records relating to the inmate's classification, conduct, and medical information; (4) facilities shall not accept inmates with a record of institutional violence, escape or attempted escape; (5) the receiving entity will determine the inmate's custody level in accordance with commission rules; (6) the receiving facility is entitled to terminate the contract with 90 days notice. (e) Requires a county, municipality, or private vendor operating under contract described by Subsection (b) to send a copy of the contract to the commission; require employees to maintain certification as required by the Commission on Law Enforcement Officer Standards and Education; submit to inspections by the commission; and, immediately notify the commission of any riot, rebellion, escape, or other emergency situation occurring at the facility. (f) Allows the commission to require the sending state or entity described in Subsection (a) to reimburse the state for any costs incurred by the state responding to an emergency situation occurring at the facility. Sec. 511.0093. DUTIES RELATED TO OUT-OF-STATE INMATES. (a) Allows the commission to adopt rules regulating the number of federal prisoners and out-ofstate prisoners that are housed in a county or municipal jail, or a facility operated by a private vendor under contract with a municipality if the jail or facility houses state, county, or municipal prisoners or prisoners of another state. (b) Allows the commission to adopt other rules regulating jails or correctional facilities under contract to protect the health and safety of the out-of-state prisoners, local and Texas prisoners, correctional personnel and the public. Sec. 511.0094. EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES HOUSING ONLY FEDERAL PRISONERS. Provides that the provisions of this Chapter do not apply to a correctional facility, other than a county jail, contracting to house only federal prisoners under a contract between a unit of federal government and a county, municipality or private vendor. If a county, municipality, or private vendor contracts to house or begins to house state, county, or municipal prisoners or prisoners of another state, it shall report to the commission before placing such inmates in a correctional facility housing only federal prisoners. SECTION 3. Repeals Subsection (e), Section 351.043, Local Government Code, which allows the Texas Board of Criminal Justice to adopt rules regulating the number of federal prisoners and prisoners from jurisdictions other than Texas in a county jail. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill had a provision which would have allowed the Commission on Jail Standards to waive the requirement in Sec. 511.0092(d)(4) that prohibits the transfer of out-of-state inmates with a history of institutional violence while confined in the sending state or a record of escape or attempted escape from secured custody.