75R13328 PEP-D
By Brown, et al. S.B. No. 367
Substitute the following for S.B. No. 367:
By Kamel C.S.S.B. No. 367
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Commission on
1-3 Jail Standards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 511.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 511.001. DEFINITIONS. In this chapter:
1-8 (1) "Commission" means the Commission on Jail
1-9 Standards.
1-10 (2) "Correctional facility" means a facility operated
1-11 by a county, a municipality, or a private vendor for the
1-12 confinement of a person arrested for, charged with, or convicted of
1-13 a criminal offense.
1-14 (3) "County jail" means a facility operated by or for
1-15 a county for the confinement of persons accused or convicted of an
1-16 offense.
1-17 (4) [(3)] "Executive director" means the executive
1-18 director of the commission.
1-19 (5) "Federal prisoner" means a person arrested for,
1-20 charged with, or convicted of a violation of a federal law.
1-21 (6) "Inmate" means a person arrested for, charged
1-22 with, or convicted of a criminal offense of this state or another
1-23 state of the United States and confined in a county jail, a
1-24 municipal jail, or a correctional facility operated by a county, a
2-1 municipality, or a private vendor.
2-2 (7) [(4)] "Prisoner" means a person confined in a
2-3 county jail.
2-4 SECTION 2. Section 511.003, Government Code, is amended to
2-5 read as follows:
2-6 Sec. 511.003. SUNSET PROVISION. The Commission on Jail
2-7 Standards is subject to Chapter 325 (Texas Sunset Act). Unless
2-8 continued in existence as provided by that chapter, the commission
2-9 is abolished and this chapter expires September 1, 2009 [1997].
2-10 SECTION 3. Section 511.004, Government Code, is amended by
2-11 amending Subsections (a) and (f) and adding Subsections (g), (h),
2-12 (i), and (j) to read as follows:
2-13 (a) The commission consists of nine members appointed by the
2-14 governor with the advice and consent of the senate. One member
2-15 must be a sheriff of a county with a population of more than
2-16 35,000, one must be a sheriff of a county with a population of
2-17 35,000 or less, one must be a county judge, one must be a county
2-18 commissioner, one must be a practitioner of medicine licensed by
2-19 the Texas State Board of Medical Examiners, and the other four must
2-20 be representatives of the general public [citizens of this state
2-21 who do not hold another public office]. At least one of the four
2-22 citizen members must be from a county with a population of 35,000
2-23 or less.
2-24 (f) Appointments to the commission shall be made without
2-25 regard to the race, color, disability [handicap], sex, religion,
2-26 age, or national origin of the appointees.
2-27 (g) A person is not eligible for appointment as a public
3-1 member of the commission if the person or the person's spouse:
3-2 (1) is registered, certified, or licensed by an
3-3 occupational regulatory agency in the field of law enforcement;
3-4 (2) is employed by or participates in the management
3-5 of a business entity, county jail, or other organization regulated
3-6 by the commission or receiving funds from the commission;
3-7 (3) owns or controls, directly or indirectly, more
3-8 than a 10 percent interest in a business entity or other
3-9 organization regulated by the commission or receiving funds from
3-10 the commission; or
3-11 (4) uses or receives a substantial amount of tangible
3-12 goods, services, or funds from the commission, other than
3-13 compensation or reimbursement authorized by law for commission
3-14 membership, attendance, or expenses.
3-15 (h) To be eligible to take office as a member of the
3-16 commission, a person appointed to the commission must complete at
3-17 least one course of a training program that complies with
3-18 Subsection (i).
3-19 (i) The training program required by Subsection (h) must
3-20 provide information to the person regarding:
3-21 (1) the enabling legislation that created the
3-22 commission;
3-23 (2) the programs operated by the commission;
3-24 (3) the role and functions of the commission;
3-25 (4) the rules of the commission with an emphasis on
3-26 the rules that relate to disciplinary and investigatory authority;
3-27 (5) the current budget for the commission;
4-1 (6) the results of the most recent formal audit of the
4-2 commission;
4-3 (7) the requirements of the:
4-4 (A) open meetings law, Chapter 551;
4-5 (B) open records law, Chapter 552; and
4-6 (C) administrative procedure law, Chapter 2001;
4-7 (8) the requirements of the conflict of interests laws
4-8 and other laws relating to public officials; and
4-9 (9) any applicable ethics policies adopted by the
4-10 commission or the Texas Ethics Commission.
4-11 (j) A person appointed to the commission is entitled to
4-12 reimbursement for travel expenses incurred in attending the
4-13 training program required by Subsection (h) as provided by the
4-14 General Appropriations Act and as if the person were a member of
4-15 the commission.
4-16 SECTION 4. Subsection (c), Section 511.0041, Government
4-17 Code, is amended to read as follows:
4-18 (c) If the executive director has knowledge that a potential
4-19 ground for removal exists, the executive director shall notify the
4-20 presiding officer of the commission of the ground. The presiding
4-21 officer shall then notify the governor and the attorney general
4-22 that a potential ground for removal exists. If the potential
4-23 ground for removal involves the presiding officer, the executive
4-24 director shall notify the next highest ranking officer of the
4-25 commission, who shall notify the governor and the attorney general
4-26 that a potential ground for removal exists.
4-27 SECTION 5. Section 511.0071, Government Code, is amended by
5-1 adding Subsection (f) to read as follows:
5-2 (f) The commission shall collect and maintain information
5-3 about each complaint received by the commission, including:
5-4 (1) the date the complaint is received;
5-5 (2) the name of the complainant;
5-6 (3) the subject matter of the complaint;
5-7 (4) a record of all persons contacted in relation to
5-8 the complaint;
5-9 (5) a summary of the results of the review or
5-10 investigation of the complaint; and
5-11 (6) for a complaint for which the agency took no
5-12 action, an explanation of the reason the complaint was closed
5-13 without action.
5-14 SECTION 6. Subsections (h) and (i), Section 511.008,
5-15 Government Code, are amended to read as follows:
5-16 (h) The executive director or the executive director's
5-17 designee shall prepare and maintain a written policy statement to
5-18 assure implementation of a program of equal employment opportunity
5-19 under which all personnel transactions are made without regard to
5-20 race, color, disability [handicap], sex, religion, age, or national
5-21 origin. The policy statement must include:
5-22 (1) personnel policies, including policies relating to
5-23 recruitment, evaluation, selection, appointment, training, and
5-24 promotion of personnel, that are in compliance with Chapter 21,
5-25 Labor Code;
5-26 (2) a comprehensive analysis of the commission work
5-27 force that meets federal and state laws, rules, regulations, and
6-1 instructions directly adopted under those laws, rules, or
6-2 regulations [guidelines];
6-3 (3) procedures by which a determination can be made
6-4 about the extent of underuse [significant underutilization] in the
6-5 commission work force of all persons for whom federal or state
6-6 laws, rules, regulations, and instructions directly adopted under
6-7 those laws, rules, or regulations [guidelines] encourage a more
6-8 equitable balance; and
6-9 (4) reasonable methods to appropriately address those
6-10 areas of underuse [significant underutilization].
6-11 (i) A policy statement prepared under Subsection (h) must
6-12 cover an annual period, be updated at least annually and reviewed
6-13 by the Commission on Human Rights for compliance with Subsection
6-14 (h)(1), and be filed with the governor's office.
6-15 SECTION 7. Subsection (a), Section 511.009, Government Code,
6-16 as amended by Chapters 171, 262, and 722, Acts of the 74th
6-17 Legislature, 1995, is amended to read as follows:
6-18 (a) The commission shall:
6-19 (1) adopt reasonable rules and procedures establishing
6-20 minimum standards for the construction, equipment, maintenance, and
6-21 operation of county jails;
6-22 (2) adopt reasonable rules and procedures establishing
6-23 minimum standards for the custody, care, and treatment of
6-24 prisoners;
6-25 (3) adopt reasonable rules establishing minimum
6-26 standards for the number of jail supervisory personnel and for
6-27 programs and services to meet the needs of prisoners;
7-1 (4) adopt reasonable rules and procedures establishing
7-2 minimum requirements for programs of rehabilitation, education, and
7-3 recreation in county jails;
7-4 (5) revise, amend, or change rules and procedures if
7-5 necessary;
7-6 (6) provide to local government officials consultation
7-7 on and technical assistance for county jails;
7-8 (7) review and comment on plans for the construction
7-9 and major modification or renovation of county jails;
7-10 (8) require that the sheriff and commissioners of each
7-11 county submit to the commission, on a form prescribed by the
7-12 commission, an annual report on the conditions in each county jail
7-13 within their jurisdiction, including all information necessary to
7-14 determine compliance with state law, commission orders, and the
7-15 rules adopted under this chapter;
7-16 (9) review the reports submitted under Subdivision (8)
7-17 and require commission employees to inspect county jails regularly
7-18 to ensure compliance with state law, commission orders, and rules
7-19 and procedures adopted under this chapter;
7-20 (10) adopt a classification system to assist sheriffs
7-21 and judges in determining which defendants are low-risk and
7-22 consequently suitable participants in a county jail work release
7-23 program under Article 42.034, Code of Criminal Procedure; [and]
7-24 (11) adopt rules relating to requirements for
7-25 segregation of classes of inmates and to capacities for county
7-26 jails;[.]
7-27 (12) [(11)] require that the chief jailer of each
8-1 municipal lockup submit to the commission, on a form prescribed by
8-2 the commission, an annual report of persons under 17 years of age
8-3 securely detained in the lockup, including all information
8-4 necessary to determine compliance with state law concerning secure
8-5 confinement of children in municipal lockups; [and]
8-6 (13) [(11)] at least annually determine whether each
8-7 county jail is in compliance with the rules and procedures adopted
8-8 under this chapter;[.]
8-9 (14) [(12)] require that the sheriff and commissioners
8-10 court of each county submit to the commission, on a form prescribed
8-11 by the commission, an annual report of persons under 17 years of
8-12 age securely detained in the county jail, including all information
8-13 necessary to determine compliance with state law concerning secure
8-14 confinement of children in county jails; and
8-15 (15) schedule announced and unannounced inspections of
8-16 jails under its jurisdiction based on the jail's history of
8-17 compliance with commission standards and other high-risk factors
8-18 identified by the commission.
8-19 SECTION 8. Subsection (d), Section 511.0091, Government
8-20 Code, is amended to read as follows:
8-21 (d) All money paid to the commission under this chapter is
8-22 subject to Subchapter F, Chapter 404 [The Commission on Jail
8-23 Standards inspection account is established in the General Revenue
8-24 Fund. The commission shall deposit all money collected under this
8-25 section to the credit of the account. Money in the account may be
8-26 used only by the commission for the purpose of reviewing and
8-27 commenting on documents and performing inspections as described by
9-1 Subsection (a)].
9-2 SECTION 9. Chapter 511, Government Code, is amended by
9-3 adding Sections 511.0092 through 511.0096 to read as follows:
9-4 Sec. 511.0092. CONTRACTS FOR OUT-OF-STATE INMATES. (a) The
9-5 only entities other than the state that are authorized to operate a
9-6 correctional facility to house in this state inmates convicted of
9-7 offenses committed against the laws of another state of the United
9-8 States are:
9-9 (1) a county or municipality; and
9-10 (2) a private vendor operating a correctional facility
9-11 under a contract with a county under Subchapter F, Chapter 351,
9-12 Local Government Code, or a municipality under Subchapter E,
9-13 Chapter 361, Local Government Code.
9-14 (b) A county commissioners court or the governing body of a
9-15 municipality may enter into a contract with another state or a
9-16 jurisdiction in another state for the purpose described by
9-17 Subsection (a) only if:
9-18 (1) the county or municipality submits to the
9-19 commission:
9-20 (A) a statement of the custody level capacity
9-21 and availability in the correctional facility that will house the
9-22 inmates; and
9-23 (B) a written plan explaining the procedure to
9-24 be used to coordinate law enforcement activities in response to any
9-25 riot, rebellion, escape, or other emergency situation occurring in
9-26 the facility; and
9-27 (2) the commission:
10-1 (A) inspects the facility and reviews the
10-2 statement and plan submitted under Subdivision (1); and
10-3 (B) after the inspection and review, determines
10-4 that the correctional facility is a proper facility for housing the
10-5 inmates and provides the county or municipality with a copy of that
10-6 determination.
10-7 (c) A private vendor operating a correctional facility in
10-8 this state may not enter into a contract for the purposes of
10-9 Subsection (a) with another state or a jurisdiction in another
10-10 state.
10-11 (d) A contract described by Subsection (b) must provide
10-12 that:
10-13 (1) each correctional facility in which inmates are to
10-14 be housed meets minimum standards established by the commission;
10-15 (2) each inmate to be released from custody must be
10-16 released in the sending state;
10-17 (3) before transferring an inmate, the receiving
10-18 facility shall review for compliance with the commission's
10-19 classification standards:
10-20 (A) all records concerning the sending state's
10-21 classification of the inmate, including records relating to the
10-22 inmate's conduct while confined in the sending state; and
10-23 (B) appropriate medical information concerning
10-24 the inmate, including certification of tuberculosis screening or
10-25 treatment;
10-26 (4) except as provided by Subsection (e), the sending
10-27 state will not transfer and the receiving facility will not accept
11-1 an inmate who has a record of institutional violence involving the
11-2 use of a deadly weapon or a pattern of violence while confined in
11-3 the sending state or a record of escape or attempted escape from
11-4 secure custody;
11-5 (5) the receiving entity will determine the inmate's
11-6 custody level in accordance with commission rules, in order to
11-7 ensure that the custody level assignments for the facility as a
11-8 whole are compatible with the construction security level
11-9 availability in the facility; and
11-10 (6) the receiving facility is entitled to terminate at
11-11 will the contract by providing the sending state with 90 days'
11-12 notice of the intent to terminate the contract.
11-13 (e) The commission may waive the requirement that a contract
11-14 contain the provision described by Subsection (d)(4) if the
11-15 commission determines that the receiving facility is capable of
11-16 confining an inmate described by Subsection (d)(4).
11-17 (f) A county, municipality, or private vendor operating
11-18 under a contract described by Subsection (b) shall:
11-19 (1) send a copy of the contract to the commission;
11-20 (2) require all employees at the facility to maintain
11-21 certification as required by the Commission on Law Enforcement
11-22 Officer Standards and Education;
11-23 (3) submit to inspections by the commission; and
11-24 (4) immediately notify the commission of any riot,
11-25 rebellion, escape, or other emergency situation occurring at the
11-26 facility.
11-27 (g) The commission may require the sending state or an
12-1 entity described in Subsection (a) to reimburse the state for any
12-2 cost incurred by a state agency in responding to any riot,
12-3 rebellion, escape, or other emergency situation occurring at the
12-4 facility.
12-5 (h) Notwithstanding the provisions of Chapter 252, Chapter
12-6 262, Subchapter F, Chapter 351, or Subchapter E, Chapter 361, Local
12-7 Government Code, the governing body of a municipality or a county
12-8 commissioners court may enter into a contract with a private vendor
12-9 to provide professional services under this section if the
12-10 commission reviews and approves the private vendor's qualifications
12-11 to provide such services and the terms of the proposed contract
12-12 comply with this section.
12-13 (i) The Private Investigators and Private Security Agencies
12-14 Act (Article 4413(29bb), Vernon's Texas Civil Statutes), does not
12-15 apply to an employee of a facility in the actual discharge of
12-16 duties as an employee of the facility if the employee is required
12-17 by Subsection (f)(2) or by Section 415.0541 to maintain
12-18 certification from the Commission on Law Enforcement Officer
12-19 Standards and Education.
12-20 Sec. 511.0093. RULES AND FEES RELATED TO OUT-OF-STATE
12-21 INMATES. (a) The commission may impose a fee on a private vendor
12-22 that operates a correctional facility housing prisoners from
12-23 jurisdictions other than this state. The fee must reasonably
12-24 compensate the commission for the cost of regulating and providing
12-25 technical assistance to the facility.
12-26 (b) The commission may adopt rules regulating the number of
12-27 federal prisoners and prisoners from jurisdictions other than Texas
13-1 that are housed in a county jail, a municipal jail, or a
13-2 correctional facility operated by a private vendor under contract
13-3 with a municipality if the jail or correctional facility houses
13-4 state, county, or municipal prisoners or prisoners of another state
13-5 of the United States.
13-6 (c) The commission may adopt other rules regulating jails or
13-7 correctional facilities described by Subsection (b) as necessary to
13-8 protect the health and safety of prisoners described by Subsection
13-9 (b), local and Texas prisoners, jail personnel, and the public.
13-10 Sec. 511.0094. EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES
13-11 HOUSING ONLY FEDERAL PRISONERS. The provisions of this chapter do
13-12 not apply to a correctional facility, other than a county jail,
13-13 contracting to house only federal prisoners and operating pursuant
13-14 to a contract between a unit of the federal government and a
13-15 county, a municipality, or a private vendor. If a county,
13-16 municipality, or private vendor contracts to house or begins to
13-17 house state, county, or municipal prisoners or prisoners of another
13-18 state of the United States, it shall report to the commission
13-19 before placing such inmates in a correctional facility housing only
13-20 federal prisoners.
13-21 Sec. 511.0095. AUTHORITY TO HOUSE OUT-OF-STATE INMATES.
13-22 Nothing in this chapter shall be construed to limit the authority
13-23 of the state granted under Article 42.19, Code of Criminal
13-24 Procedure, or other applicable law to house in this state inmates
13-25 convicted of offenses committed against the laws of another state
13-26 of the United States.
13-27 Sec. 511.0096. TERMINATION OF CONTRACTS FOR OUT-OF-STATE
14-1 INMATES. The commission may require the receiving facility to
14-2 terminate a contract under Section 511.0092(d)(6), if the
14-3 commission determines that the receiving facility is needed to
14-4 house inmates convicted of offenses against the laws of the state
14-5 and funds have been appropriated by the state to compensate the
14-6 receiving facility for the incarceration of the inmates.
14-7 SECTION 10. Subsection (e), Section 351.043, Local
14-8 Government Code, is repealed.
14-9 SECTION 11. The changes in law made by this Act in the
14-10 qualifications of members of the Commission on Jail Standards do
14-11 not affect the entitlement of a member serving on the commission
14-12 immediately before September 1, 1997, to continue to carry out the
14-13 functions of the commission for the remainder of the member's term.
14-14 The changes in law apply only to a member appointed on or after
14-15 September 1, 1997. This Act does not prohibit a person who is a
14-16 member of the commission on September 1, 1997, from being
14-17 reappointed to the commission if the person has the qualifications
14-18 required for a member under Chapter 511, Government Code, as
14-19 amended by this Act.
14-20 SECTION 12. This Act takes effect September 1, 1997.
14-21 SECTION 13. The importance of this legislation and the
14-22 crowded condition of the calendars in both houses create an
14-23 emergency and an imperative public necessity that the
14-24 constitutional rule requiring bills to be read on three several
14-25 days in each house be suspended, and this rule is hereby suspended.