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A BILL TO BE ENTITLED
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AN ACT
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relating to housing and medical care for pregnant inmates, or |
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female inmates who have an infant, confined in a facility operated |
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by or under contract with the Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 501, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. PREGNANT INMATES AND INMATES WHO HAVE AN INFANT |
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Sec. 501.171. DEFINITIONS. In this subchapter: |
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(1) "Correctional facility" means a facility operated |
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by or under contract with the department. |
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(2) "Inmate" means an inmate or state jail defendant |
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confined in a facility operated by or under contract with the |
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department. |
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Sec. 501.172. PROVISION OF BEDS. The department shall |
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provide 150 beds at the Carole Young Medical Facility to be used to |
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house, in accordance with this subchapter, pregnant inmates and |
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female inmates who have an infant. |
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Sec. 501.173. PREGNANT INMATES. (a) The department shall |
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transfer a pregnant inmate, before she gives birth, to the Carole |
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Young Medical Facility. |
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(b) The department shall provide a pregnant inmate housed in |
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the Carole Young Medical Facility with comfortable accommodations |
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and satisfactory medical care. |
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Sec. 501.174. HOUSING OF INFANTS BORN TO INMATES. (a) |
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Except as provided by Subsections (b) and (c), the department shall |
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provide for an inmate who gives birth to an infant while confined in |
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a correctional facility to be housed with the infant at the Carole |
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Young Medical Facility until one day after the date of the infant's |
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first birthday. |
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(b) The department shall remove an infant from the Carole |
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Young Medical Facility if the department determines that the inmate |
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is physically, mentally, or emotionally unfit to care for the |
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infant. |
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(c) A child younger than 18 months old may remain with the |
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child's mother at the Carole Young Medical Facility if the child's |
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mother is scheduled to be released on parole or mandatory |
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supervision not later than 90 days after the date of the child's |
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first birthday. |
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Sec. 501.175. REMOVAL OF INFANT. If the department removes |
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an infant from the Carole Young Medical Facility under Section |
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501.174, the department shall: |
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(1) release the infant to the infant's father or other |
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relative, if the father or other relative provides satisfactory |
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documentation that the father or other relative can properly care |
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for and maintain the infant; or |
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(2) notify the Department of Family and Protective |
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Services. |
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Sec. 501.176. NURSING MOTHERS. If, at the time an inmate is |
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admitted to a correctional facility, the inmate is nursing an |
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infant younger than one year old, the department shall transfer the |
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inmate to the Carole Young Medical Facility and provide for the |
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inmate and infant to be housed together in that facility in |
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accordance with this subchapter unless the department determines |
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that the inmate is physically, mentally, or emotionally unfit to |
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care for the infant. |
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Sec. 501.177. DEPARTMENT TO ADOPT POLICY. The department |
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shall adopt a policy to implement this subchapter. The policy must |
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provide adequate safeguards to prevent the escape of an inmate |
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residing at the Carole Young Medical Facility. |
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SECTION 2. Not later than September 1, 2008, the Texas |
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Department of Criminal Justice shall provide the beds required by |
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Subchapter F, Chapter 501, Government Code, as added by this Act, |
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and adopt the policy required by Section 501.177, Government Code, |
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as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |