1-1 By: Brown, Whitmire S.B. No. 367
1-2 (In the Senate - Filed March 10, 1997; March 13, 1997, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 16, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 16, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 367 By: Whitmire
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Commission on
1-11 Jail Standards.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 511.001, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 511.001. DEFINITIONS. In this chapter:
1-16 (1) "Commission" means the Commission on Jail
1-17 Standards.
1-18 (2) "Correctional facility" means a facility operated
1-19 by a county, a municipality, or a private vendor for the
1-20 confinement of a person arrested for, charged with, or convicted of
1-21 a criminal offense.
1-22 (3) "County jail" means a facility operated by or for
1-23 a county for the confinement of persons accused or convicted of an
1-24 offense.
1-25 (4) [(3)] "Executive director" means the executive
1-26 director of the commission.
1-27 (5) "Federal prisoner" means a person arrested for,
1-28 charged with, or convicted of a violation of a federal law.
1-29 (6) "Inmate" means a person arrested for, charged
1-30 with, or convicted of a criminal offense of this state or another
1-31 state of the United States and confined in a county jail, a
1-32 municipal jail, or a correctional facility operated by a county, a
1-33 municipality, or a private vendor.
1-34 (7) [(4)] "Prisoner" means a person confined in a
1-35 county jail.
1-36 SECTION 2. Section 511.003, Government Code, is amended to
1-37 read as follows:
1-38 Sec. 511.003. SUNSET PROVISION. The Commission on Jail
1-39 Standards is subject to Chapter 325 (Texas Sunset Act). Unless
1-40 continued in existence as provided by that chapter, the commission
1-41 is abolished and this chapter expires September 1, 2009 [1997].
1-42 SECTION 3. Section 511.004, Government Code, is amended by
1-43 amending Subsections (a) and (f) and adding Subsections (g) and (h)
1-44 to read as follows:
1-45 (a) The commission consists of nine members appointed by the
1-46 governor with the advice and consent of the senate. One member
1-47 must be a sheriff of a county with a population of more than
1-48 35,000, one must be a sheriff of a county with a population of
1-49 35,000 or less, one must be a county judge, one must be a county
1-50 commissioner, one must be a practitioner of medicine licensed by
1-51 the Texas State Board of Medical Examiners, and the other four must
1-52 be representatives of the general public [citizens of this state
1-53 who do not hold another public office]. At least one of the four
1-54 citizen members must be from a county with a population of 35,000
1-55 or less.
1-56 (f) Appointments to the commission shall be made without
1-57 regard to the race, color, disability [handicap], sex, religion,
1-58 age, or national origin of the appointees.
1-59 (g) A person is not eligible for appointment as a public
1-60 member of the commission if the person or the person's spouse:
1-61 (1) is registered, certified, or licensed by an
1-62 occupational regulatory agency in the field of law enforcement;
1-63 (2) is employed by or participates in the management
1-64 of a business entity, county jail, or other organization regulated
2-1 by the commission or receiving funds from the commission;
2-2 (3) owns or controls, directly or indirectly, more
2-3 than a 10 percent interest in a business entity or other
2-4 organization regulated by the commission or receiving funds from
2-5 the commission; or
2-6 (4) uses or receives a substantial amount of tangible
2-7 goods, services, or funds from the commission, other than
2-8 compensation or reimbursement authorized by law for commission
2-9 membership, attendance, or expenses.
2-10 (h) Before a member of the commission may assume the
2-11 member's duties and before the member may be confirmed by the
2-12 senate, the member must complete at least one course of a training
2-13 program that provides information to the member regarding:
2-14 (1) the enabling legislation that created the
2-15 commission;
2-16 (2) the programs operated by the commission;
2-17 (3) the role and functions of the commission;
2-18 (4) the rules of the commission with an emphasis on
2-19 the rules that relate to disciplinary and investigatory authority;
2-20 (5) the current budget for the commission;
2-21 (6) the results of the most recent formal audit of the
2-22 commission;
2-23 (7) the requirements of the:
2-24 (A) open meetings law, Chapter 551;
2-25 (B) open records law, Chapter 552; and
2-26 (C) administrative procedure law, Chapter 2001;
2-27 (8) the requirements of the conflict of interest laws
2-28 and other laws relating to public officials; and
2-29 (9) any applicable ethics policies adopted by the
2-30 commission or the Texas Ethics Commission.
2-31 SECTION 4. Subsection (c), Section 511.0041, Government
2-32 Code, is amended to read as follows:
2-33 (c) If the executive director has knowledge that a potential
2-34 ground for removal exists, the executive director shall notify the
2-35 presiding officer of the commission of the ground. The presiding
2-36 officer shall then notify the governor and the attorney general
2-37 that a potential ground for removal exists. If the potential
2-38 ground for removal involves the presiding officer, the executive
2-39 director shall notify the next highest ranking officer of the
2-40 commission, who shall notify the governor and the attorney general
2-41 that a potential ground for removal exists.
2-42 SECTION 5. Section 511.0071, Government Code, is amended by
2-43 adding Subsection (f) to read as follows:
2-44 (f) The commission shall collect and maintain information
2-45 about each complaint received by the commission, including:
2-46 (1) the date the complaint is received;
2-47 (2) the name of the complainant;
2-48 (3) the subject matter of the complaint;
2-49 (4) a record of all persons contacted in relation to
2-50 the complaint;
2-51 (5) a summary of the results of the review or
2-52 investigation of the complaint; and
2-53 (6) for a complaint for which the agency took no
2-54 action, an explanation of the reason the complaint was closed
2-55 without action.
2-56 SECTION 6. Subsections (h) and (i), Section 511.008,
2-57 Government Code, are amended to read as follows:
2-58 (h) The executive director or the executive director's
2-59 designee shall prepare and maintain a written policy statement to
2-60 assure implementation of a program of equal employment opportunity
2-61 under which all personnel transactions are made without regard to
2-62 race, color, disability [handicap], sex, religion, age, or national
2-63 origin. The policy statement must include:
2-64 (1) personnel policies, including policies relating to
2-65 recruitment, evaluation, selection, appointment, training, and
2-66 promotion of personnel, that are in compliance with Chapter 21,
2-67 Labor Code;
2-68 (2) a comprehensive analysis of the commission work
2-69 force that meets federal and state guidelines;
3-1 (3) procedures by which a determination can be made
3-2 about the extent of underuse [significant underutilization] in the
3-3 commission work force of all persons for whom federal or state
3-4 guidelines encourage a more equitable balance; and
3-5 (4) reasonable methods to appropriately address those
3-6 areas of underuse [significant underutilization].
3-7 (i) A policy statement prepared under Subsection (h) must
3-8 cover an annual period, be updated at least annually and reviewed
3-9 by the Commission on Human Rights for compliance with Subsection
3-10 (h)(1), and be filed with the governor's office.
3-11 SECTION 7. Subsection (a), Section 511.009, Government Code,
3-12 as amended by Chapters 171, 262, and 722, Acts of the 74th
3-13 Legislature, 1995, is amended to read as follows:
3-14 (a) The commission shall:
3-15 (1) adopt reasonable rules and procedures establishing
3-16 minimum standards for the construction, equipment, maintenance, and
3-17 operation of county jails;
3-18 (2) adopt reasonable rules and procedures establishing
3-19 minimum standards for the custody, care, and treatment of
3-20 prisoners;
3-21 (3) adopt reasonable rules establishing minimum
3-22 standards for the number of jail supervisory personnel and for
3-23 programs and services to meet the needs of prisoners;
3-24 (4) adopt reasonable rules and procedures establishing
3-25 minimum requirements for programs of rehabilitation, education, and
3-26 recreation in county jails;
3-27 (5) revise, amend, or change rules and procedures if
3-28 necessary;
3-29 (6) provide to local government officials consultation
3-30 on and technical assistance for county jails;
3-31 (7) review and comment on plans for the construction
3-32 and major modification or renovation of county jails;
3-33 (8) require that the sheriff and commissioners of each
3-34 county submit to the commission, on a form prescribed by the
3-35 commission, an annual report on the conditions in each county jail
3-36 within their jurisdiction, including all information necessary to
3-37 determine compliance with state law, commission orders, and the
3-38 rules adopted under this chapter;
3-39 (9) review the reports submitted under Subdivision (8)
3-40 and require commission employees to inspect county jails regularly
3-41 to ensure compliance with state law, commission orders, and rules
3-42 and procedures adopted under this chapter;
3-43 (10) adopt a classification system to assist sheriffs
3-44 and judges in determining which defendants are low-risk and
3-45 consequently suitable participants in a county jail work release
3-46 program under Article 42.034, Code of Criminal Procedure; [and]
3-47 (11) adopt rules relating to requirements for
3-48 segregation of classes of inmates and to capacities for county
3-49 jails;[.]
3-50 (12) [(11)] require that the chief jailer of each
3-51 municipal lockup submit to the commission, on a form prescribed by
3-52 the commission, an annual report of persons under 17 years of age
3-53 securely detained in the lockup, including all information
3-54 necessary to determine compliance with state law concerning secure
3-55 confinement of children in municipal lockups; [and]
3-56 (13) [(11)] at least annually determine whether each
3-57 county jail is in compliance with the rules and procedures adopted
3-58 under this chapter;[.]
3-59 (14) [(12)] require that the sheriff and commissioners
3-60 court of each county submit to the commission, on a form prescribed
3-61 by the commission, an annual report of persons under 17 years of
3-62 age securely detained in the county jail, including all information
3-63 necessary to determine compliance with state law concerning secure
3-64 confinement of children in county jails; and
3-65 (15) schedule announced and unannounced inspections of
3-66 jails under its jurisdiction based on the jail's history of
3-67 compliance with commission standards and other high-risk factors
3-68 identified by the commission.
3-69 SECTION 8. Subsection (d), Section 511.0091, Government
4-1 Code, is amended to read as follows:
4-2 (d) All money paid to the commission under this chapter is
4-3 subject to Subchapter F, Chapter 404 [The Commission on Jail
4-4 Standards inspection account is established in the General Revenue
4-5 Fund. The commission shall deposit all money collected under this
4-6 section to the credit of the account. Money in the account may be
4-7 used only by the commission for the purpose of reviewing and
4-8 commenting on documents and performing inspections as described by
4-9 Subsection (a)].
4-10 SECTION 9. Chapter 511, Government Code, is amended by
4-11 adding Sections 511.0092 through 511.0096 to read as follows:
4-12 Sec. 511.0092. CONTRACTS FOR OUT-OF-STATE INMATES. (a) The
4-13 only entities other than the state that are authorized to operate a
4-14 correctional facility to house in this state inmates convicted of
4-15 offenses committed against the laws of another state of the United
4-16 States are:
4-17 (1) a county or municipality; and
4-18 (2) a private vendor operating a correctional facility
4-19 under a contract with a county under Subchapter F, Chapter 351,
4-20 Local Government Code, or a municipality under Subchapter E,
4-21 Chapter 361, Local Government Code.
4-22 (b) A county commissioners court or the governing body of a
4-23 municipality may enter into a contract with another state or a
4-24 jurisdiction in another state for the purpose described by
4-25 Subsection (a) only if:
4-26 (1) the county or municipality submits to the
4-27 commission:
4-28 (A) a statement of the custody level capacity
4-29 and availability in the correctional facility that will house the
4-30 inmates; and
4-31 (B) a written plan explaining the procedure to
4-32 be used to coordinate law enforcement activities in response to any
4-33 riot, rebellion, escape, or other emergency situation occurring in
4-34 the facility; and
4-35 (2) the commission:
4-36 (A) inspects the facility and reviews the
4-37 statement and plan submitted under Subdivision (1); and
4-38 (B) after the inspection and review, determines
4-39 that the correctional facility is a proper facility for housing the
4-40 inmates and provides the county or municipality with a copy of that
4-41 determination.
4-42 (c) A private vendor operating a correctional facility in
4-43 this state may not enter into a contract for the purposes of
4-44 Subsection (a) with another state or a jurisdiction in another
4-45 state.
4-46 (d) A contract described by Subsection (b) must provide
4-47 that:
4-48 (1) each correctional facility in which inmates are to
4-49 be housed meets minimum standards established by the commission;
4-50 (2) each inmate to be released from custody must be
4-51 released in the sending state;
4-52 (3) before transferring an inmate, the receiving
4-53 facility shall review for compliance with the commission's
4-54 classification standards:
4-55 (A) all records concerning the sending state's
4-56 classification of the inmate, including records relating to the
4-57 inmate's conduct while confined in the sending state; and
4-58 (B) appropriate medical information concerning
4-59 the inmate, including certification of tuberculosis screening or
4-60 treatment;
4-61 (4) except as provided by Subsection (e), the sending
4-62 state will not transfer and the receiving facility will not accept
4-63 an inmate who has a record of institutional violence involving the
4-64 use of a deadly weapon or a pattern of violence while confined in
4-65 the sending state or a record of escape or attempted escape from
4-66 secure custody;
4-67 (5) the receiving entity will determine the inmate's
4-68 custody level in accordance with commission rules, in order to
4-69 ensure that the custody level assignments for the facility as a
5-1 whole are compatible with the construction security level
5-2 availability in the facility; and
5-3 (6) the receiving facility is entitled to terminate at
5-4 will the contract by providing the sending state with 90 days'
5-5 notice of the intent to terminate the contract.
5-6 (e) The commission may waive the requirement that a contract
5-7 contain the provision described by Subsection (d)(4) if the
5-8 commission determines that the receiving facility is capable of
5-9 confining an inmate described by Subsection (d)(4).
5-10 (f) A county, municipality, or private vendor operating
5-11 under a contract described by Subsection (b) shall:
5-12 (1) send a copy of the contract to the commission;
5-13 (2) require all employees at the facility to maintain
5-14 certification as required by the Commission on Law Enforcement
5-15 Officer Standards and Education;
5-16 (3) submit to inspections by the commission; and
5-17 (4) immediately notify the commission of any riot,
5-18 rebellion, escape, or other emergency situation occurring at the
5-19 facility.
5-20 (g) The commission may require the sending state or an
5-21 entity described in Subsection (a) to reimburse the state for any
5-22 cost incurred by a state agency in responding to any riot,
5-23 rebellion, escape, or other emergency situation occurring at the
5-24 facility.
5-25 (h) Notwithstanding the provisions of Chapter 252, Chapter
5-26 262, Subchapter F, Chapter 351, or Subchapter E, Chapter 361, Local
5-27 Government Code, the governing body of a municipality or a county
5-28 commissioners court may enter into a contract with a private vendor
5-29 to provide professional services under this section if the
5-30 commission reviews and approves the private vendor's qualifications
5-31 to provide such services and the terms of the proposed contract
5-32 comply with this section.
5-33 Sec. 511.0093. RULES AND FEES RELATED TO OUT-OF-STATE
5-34 INMATES. (a) The commission may impose a fee on a private vendor
5-35 that operates a correctional facility housing prisoners from
5-36 jurisdictions other than this state. The fee must reasonably
5-37 compensate the commission for the cost of regulating and providing
5-38 technical assistance to the facility.
5-39 (b) The commission may adopt rules regulating the number of
5-40 federal prisoners and prisoners from jurisdictions other than Texas
5-41 that are housed in a county jail, a municipal jail, or a
5-42 correctional facility operated by a private vendor under contract
5-43 with a municipality if the jail or correctional facility houses
5-44 state, county, or municipal prisoners or prisoners of another state
5-45 of the United States.
5-46 (c) The commission may adopt other rules regulating jails or
5-47 correctional facilities described by Subsection (b) as necessary to
5-48 protect the health and safety of prisoners described by Subsection
5-49 (b), local and Texas prisoners, jail personnel, and the public.
5-50 Sec. 511.0094. EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES
5-51 HOUSING ONLY FEDERAL PRISONERS. The provisions of this chapter do
5-52 not apply to a correctional facility, other than a county jail,
5-53 contracting to house only federal prisoners and operating pursuant
5-54 to a contract between a unit of the federal government and a
5-55 county, a municipality, or a private vendor. If a county,
5-56 municipality, or private vendor contracts to house or begins to
5-57 house state, county, or municipal prisoners or prisoners of another
5-58 state of the United States, it shall report to the commission
5-59 before placing such inmates in a correctional facility housing only
5-60 federal prisoners.
5-61 Sec. 511.0095. AUTHORITY TO HOUSE OUT-OF-STATE INMATES.
5-62 Nothing in this chapter shall be construed to limit the authority
5-63 of the state granted under Article 42.19, Code of Criminal
5-64 Procedure, or other applicable law to house in this state inmates
5-65 convicted of offenses committed against the laws of another state
5-66 of the United States.
5-67 Sec. 511.0096. TERMINATION OF CONTRACTS FOR OUT-OF-STATE
5-68 INMATES. The commission may require the receiving facility to
5-69 terminate a contract under Section 511.0092(d)(6), if the
6-1 commission determines that the receiving facility is needed to
6-2 house inmates convicted of offenses against the laws of the state
6-3 and funds have been appropriated by the state to compensate the
6-4 receiving facility for the incarceration of the inmates.
6-5 SECTION 10. Subsection (e), Section 351.043, Local
6-6 Government Code, is repealed.
6-7 SECTION 11. The changes in law made by this Act in the
6-8 qualifications of members of the Commission on Jail Standards do
6-9 not affect the entitlement of a member serving on the commission
6-10 immediately before September 1, 1997, to continue to carry out the
6-11 functions of the commission for the remainder of the member's term.
6-12 The changes in law apply only to a member appointed on or after
6-13 September 1, 1997. This Act does not prohibit a person who is a
6-14 member of the commission on September 1, 1997, from being
6-15 reappointed to the commission if the person has the qualifications
6-16 required for a member under Chapter 511, Government Code, as
6-17 amended by this Act.
6-18 SECTION 12. This Act takes effect September 1, 1997.
6-19 SECTION 13. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and an imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended.
6-24 * * * * *