SRC-CDH S.B. 1009 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1009
By: Whitmire
Criminal Justice
4-8-97
As Filed


DIGEST 

Currently, Texas law contains no regulatory provisions relating to
correctional facilities that house inmates convicted of offenses against
the laws of another state of the United States.  This legislation sets up
a regulatory framework for out-of-state inmates in private facilities and
public jails in Texas, including subjecting facilities to regular state
inspections, returning out-of-state inmates to sending states, matching
inmates to appropriate facilities, and requiring certain jail operators to
reimburse the state for emergency purposes.  In addition, S.B. 1009
requires any private jail that seeks to house out-of-state inmates to
operate under a contract with the city or county.  This bill also grants
the Texas Commission on Jail Standards the authority to ensure orderly and
safe incarceration of out-ofstate inmates in private facilities, and to
approve custody levels, jail capacity, and emergency plans. 

PURPOSE

As proposed, S.B. 1009 establishes provisions regarding correctional
facilities that house inmates convicted of offenses against the laws of
another state of the United States.     

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Commission on Jail Standards in
SECTION 1 (Sections 511.0093(a) and (b), Government Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 511.001, Government Code, to define
"correctional facility," "federal prisoner," and "inmate."  Makes
conforming changes. 

SECTION 2. Amends Chapter 511, Government Code, by adding Sections
511.0092-511.0094, as follows: 

Sec. 511.0092.  CONTRACTS FOR OUT-OF-STATE INMATES.  Provides that the
only entities other than the state that are authorized to operate a
correctional facility to house  in this state inmates convicted of
offenses committed against the laws of another state of the United States
are a county or municipality, and a private vendor operating a
correctional facility under a contract with a county or municipality.
Sets forth the terms by which a county or municipality is authorized to
enter into a contract with another state or a jurisdiction in another
state.  Prohibits a private vendor operating a correctional facility in
this state from entering into a contract for the purposes of Subsection
(a) with another state or a jurisdiction in another state.  Sets forth the
provisions which a contract must contain. Establishes the conditions under
which the Commission on Jail Standards (commission) is authorized to waive
the requirement that a contract contain the provision described by
Subsection (d)(4).  Requires a county, municipality, or private vendor
operating under a contract described by Subsection (b) to fulfill certain
requirements.  Authorizes the commission to require the sending state or
an entity described in Section 511.0092(a) to reimburse the state for
certain costs. 

Sec. 511.0093.  DUTIES RELATED TO OUT-OF-STATE INMATES.  Authorizes the
commission to adopt rules regulating the number of federal prisoners and
prisoners from jurisdictions other than Texas that are housed in certain
jails and facilities.  Authorizes the  commission to adopt other rules
regulating jails or correctional facilities described by Subsection (a) as
necessary to protect the health and safety of those prisoners, local and
Texas prisoners, jail personnel, and the public. 

Sec. 511.0094.  EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES HOUSING ONLY
FEDERAL PRISONERS.  Establishes that the provisions of this chapter do not
apply to certain correctional facilities contracting to house only federal
prisoners and operating pursuant to a contract between a unit of the
federal government and certain entities.  Requires a county, municipality,
or private vendor which contracts to house or begins to house state,
county, or municipal prisoners or prisoners of another state of the United
States, to report to the commission before placing such inmates in a
correctional facility housing only federal prisoners. 

SECTION 3. Repealer:  Section 351.043(e), Local Government Code (regarding
the authority of 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.
  Effective date:  upon passage.