80R6275 HLT-D

By: Noriega H.B. No. 1770

A BILL TO BE ENTITLED

AN ACT

relating to housing and medical care for pregnant inmates, or female inmates who have an infant, confined in a facility operated by or under contract with the Texas Department of Criminal Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 501, Government Code, is amended by adding Subchapter F to read as follows: SUBCHAPTER F. PREGNANT INMATES AND INMATES WHO HAVE AN INFANT

Sec. 501.171. DEFINITIONS. In this subchapter:

(1) "Correctional facility" means a facility operated by or under contract with the department.

(2) "Inmate" means an inmate or state jail defendant confined in a facility operated by or under contract with the department.

Sec. 501.172. PROVISION OF BEDS. The department shall provide 150 beds at the Carole Young Medical Facility to be used to house, in accordance with this subchapter, pregnant inmates and female inmates who have an infant.

Sec. 501.173. PREGNANT INMATES. (a) The department shall transfer a pregnant inmate, before she gives birth, to the Carole Young Medical Facility.

(b) The department shall provide a pregnant inmate housed in the Carole Young Medical Facility with comfortable accommodations and satisfactory medical care.

Sec. 501.174. HOUSING OF INFANTS BORN TO INMATES. (a) Except as provided by Subsections (b) and (c), the department shall provide for an inmate who gives birth to an infant while confined in a correctional facility to be housed with the infant at the Carole Young Medical Facility until one day after the date of the infant's first birthday.

(b) The department shall remove an infant from the Carole Young Medical Facility if the department determines that the inmate is physically, mentally, or emotionally unfit to care for the infant.

(c) A child younger than 18 months old may remain with the child's mother at the Carole Young Medical Facility if the child's mother is scheduled to be released on parole or mandatory supervision not later than 90 days after the date of the child's first birthday.

Sec. 501.175. REMOVAL OF INFANT. If the department removes an infant from the Carole Young Medical Facility under Section 501.174, the department shall:

(1) release the infant to the infant's father or other relative, if the father or other relative provides satisfactory documentation that the father or other relative can properly care for and maintain the infant; or

(2) notify the Department of Family and Protective Services.

Sec. 501.176. NURSING MOTHERS. If, at the time an inmate is admitted to a correctional facility, the inmate is nursing an infant younger than one year old, the department shall transfer the inmate to the Carole Young Medical Facility and provide for the inmate and infant to be housed together in that facility in accordance with this subchapter unless the department determines that the inmate is physically, mentally, or emotionally unfit to care for the infant.

Sec. 501.177. DEPARTMENT TO ADOPT POLICY. The department shall adopt a policy to implement this subchapter. The policy must provide adequate safeguards to prevent the escape of an inmate residing at the Carole Young Medical Facility.

SECTION 2. Not later than September 1, 2008, the Texas Department of Criminal Justice shall provide the beds required by Subchapter F, Chapter 501, Government Code, as added by this Act, and adopt the policy required by Section 501.177, Government Code, as added by this Act.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.