79R6934 MFC-D

By:  Hodge                                                        H.B. No. 1423



A BILL TO BE ENTITLED

AN ACT

relating to the duration of the placement of an inmate in 
administrative segregation at the institutional division of the 
Texas Department of Criminal Justice.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 501, Government Code, is 
amended by adding Section 501.114 to read as follows:
	Sec. 501.114.  DURATION OF PLACEMENT IN ADMINISTRATIVE 
SEGREGATION.  (a) The department shall establish procedures that 
require the department to transfer from administrative segregation 
to the general population an inmate who has been in administrative 
segregation for five or more consecutive years.
	(b)  The procedures must permit an inmate who would otherwise 
be transferred to the general population because of the length of 
the inmate's placement in administrative segregation to decline the 
transfer.
	(c)  Procedures adopted under this section are not required 
to prohibit the department from returning an inmate to 
administrative segregation because of disciplinary or safety 
issues related to the inmate.
	SECTION 2.  (a) Under procedures adopted as required by 
Section 501.114, Government Code, as added by this Act, an inmate 
who on or before September 1, 2006, has been in administrative 
segregation for five or more consecutive years, must be transferred 
before September 1, 2007, to the general population.
	(b)  Subsection (a) of this section does not apply to an 
inmate who under procedures adopted under Section 501.114, 
Government Code, as added by this Act, declines transfer to the 
general population.
	SECTION 3.  This Act takes effect September 1, 2005.