By:  Whitmire                                S.B. No. 1009

         97S0542/3                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to correctional facilities that house inmates convicted of

 1-2     offenses against the laws of another state of the United States.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 511.001,  Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 511.001.  DEFINITIONS.  In this chapter:

 1-7                 (1)  "Commission" means the Commission on Jail

 1-8     Standards.

 1-9                 (2)  "Correctional facility" means a facility operated

1-10     by a county, a municipality, or a private vendor for the

1-11     confinement of a person arrested for, charged with, or convicted of

1-12     a criminal offense.

1-13                 (3)  "County jail" means a facility operated by or for

1-14     a county for the confinement of persons accused or convicted of an

1-15     offense.

1-16                 (4) [(3)]  "Executive director" means the executive

1-17     director of the commission.

1-18                 (5)  "Federal prisoner" means a person arrested for,

1-19     charged with, or convicted of a violation of a federal law.

1-20                 (6)  "Inmate" means a person arrested for, charged

1-21     with, or convicted of a criminal offense of this state or another

1-22     state of the United States and confined in a county jail, a

1-23     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.  Chapter 511, Government Code, is amended by

 2-5     adding Sections 511.0092, 511.0093, and 511.0094 to read as

 2-6     follows:

 2-7           Sec. 511.0092.  CONTRACTS FOR OUT-OF-STATE INMATES.  (a)  The

 2-8     only entities other than the state that are authorized to operate a

 2-9     correctional facility to house in this state inmates convicted of

2-10     offenses committed against the laws of another state of the United

2-11     States are:

2-12                 (1)  a county or municipality; and

2-13                 (2)  a private vendor operating a correctional facility

2-14     under a contract with a county under Subchapter F, Chapter 351,

2-15     Local Government Code, or municipality under Subchapter E, Chapter

2-16     361, Local Government Code.

2-17           (b)  A county or municipality may enter into a contract with

2-18     another state or a jurisdiction in another state for the purpose

2-19     described by Subsection (a) only if:

2-20                 (1)  the county or municipality submits to the

2-21     commission:

2-22                       (A)  a statement of the custody level capacity

2-23     and availability in the correctional facility that will house the

2-24     inmates; and

2-25                       (B)  a written plan explaining the procedure to

 3-1     be used to coordinate law enforcement activities in response to any

 3-2     riot, rebellion, escape, or other emergency situation occurring in

 3-3     the facility; and

 3-4                 (2)  the commission:

 3-5                       (A)  inspects the facility and reviews the

 3-6     statement and plan submitted under Subdivision (1); and

 3-7                       (B)  after the inspection and review, determines

 3-8     that the correctional facility is a proper facility for housing the

 3-9     inmates and provides the county or municipality with a copy of that

3-10     determination.

3-11           (c)  A private vendor operating a correctional facility in

3-12     this state may not enter into a contract for the purposes of

3-13     Subsection (a) with another state or a jurisdiction in another

3-14     state.

3-15           (d)  A contract described by Subsection (b) must provide

3-16     that:

3-17                 (1)  each correctional facility in which inmates are to

3-18     be housed meets minimum standards established by the commission;

3-19                 (2)  each inmate to be released from custody must be

3-20     released in the sending state;

3-21                 (3)  before transferring an inmate, the receiving

3-22     facility shall review for compliance with the commission's

3-23     classification standards:

3-24                       (A)  all records concerning the sending state's

3-25     classification of the inmate, including records relating to the

 4-1     inmate's conduct while confined in the sending state; and

 4-2                       (B)  appropriate medical information concerning

 4-3     the inmate, including certification of tuberculosis screening or

 4-4     treatment;

 4-5                 (4)  except as provided by Subsection (e), the sending

 4-6     state will not transfer and the receiving facility will not accept

 4-7     an inmate who has a record of institutional violence involving the

 4-8     use of a deadly weapon or a pattern of violence while confined in

 4-9     the sending state or a record of escape or attempted escape from

4-10     secure custody;

4-11                 (5)  the receiving entity will determine the inmate's

4-12     custody level in accordance with commission rules, in order to

4-13     ensure that the custody level assignments for the facility as a

4-14     whole are compatible with the construction security level

4-15     availability in the facility; and

4-16                 (6)  the receiving facility is entitled to terminate at

4-17     will the contract by providing the sending state with 90 days'

4-18     notice of the intent to terminate the contract.

4-19           (e)  The commission may waive the requirement that a contract

4-20     contain the provision described by Subsection (d)(4) if the

4-21     commission determines that the receiving facility is capable of

4-22     confining an inmate described by Subsection (d)(4).

4-23           (f)  A county, municipality, or private vendor operating

4-24     under a contract described by Subsection (b) shall:

4-25                 (1)  send a copy of the contract to the commission;

 5-1                 (2)  require all employees at the facility to maintain

 5-2     certification as required by the Commission on Law Enforcement

 5-3     Officer Standards and Education;

 5-4                 (3)  submit to inspections by the commission; and

 5-5                 (4)  immediately notify the commission of any riot,

 5-6     rebellion, escape, or other emergency situation occurring at the

 5-7     facility.

 5-8           (g)  The commission may require the sending state or an

 5-9     entity described in Section 511.0092(a) to reimburse the state for

5-10     any cost incurred by a state agency in responding to any riot,

5-11     rebellion, escape, or other emergency situation occurring at the

5-12     facility.

5-13           Sec. 511.0093.  DUTIES RELATED TO OUT-OF-STATE INMATES.

5-14     (a)  The commission may adopt rules regulating the number of

5-15     federal prisoners and prisoners from jurisdictions other than Texas

5-16     that are housed in a county jail, a municipal jail, or a

5-17     correctional facility operated by a private vendor under contract

5-18     with a municipality if such jail or correctional facility houses

5-19     state, county, or municipal prisoners or prisoners of another state

5-20     of the United States.

5-21           (b)  The commission may adopt other rules regulating jails or

5-22     correctional facilities described by Subsection (a) as necessary to

5-23     protect the health and safety of those prisoners, local and Texas

5-24     prisoners, jail personnel, and the public.

5-25           Sec. 511.0094.  EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES

 6-1     HOUSING ONLY FEDERAL PRISONERS.  The provisions of this chapter do

 6-2     not apply to a correctional facility, other than a county jail,

 6-3     contracting to house only federal prisoners and operating pursuant

 6-4     to a contract between a unit of federal government and a county, a

 6-5     municipality, or a private vendor.  If a county, municipality, or

 6-6     private vendor contracts to house or begins to house state, county,

 6-7     or municipal prisoners or prisoners of another state of the United

 6-8     States, it shall report to the commission before placing such

 6-9     inmates in a correctional facility housing only federal prisoners.

6-10           SECTION 3.  Subsection (e), Section 351.043, Local Government

6-11     Code, is repealed.

6-12           SECTION 4.  The importance of this legislation and the

6-13     crowded condition of the calendars in both houses create an

6-14     emergency and an imperative public necessity that the

6-15     constitutional rule requiring bills to be read on three several

6-16     days in each house be suspended, and this rule is hereby suspended,

6-17     and that this Act take effect and be in force from and after its

6-18     passage, and it is so enacted.