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.