80R6368 KCR-D
 
  By: Turner H.B. No. 2699
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of special monitors for the Commission on
Jail Standards.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 511.0091, Government Code, is amended by
adding Subsections (e) and (f) to read as follows:
       (e)  In addition to the other fees authorized by this
section, the commission may:
             (1)  set a reasonable fee to cover the cost of any
review and monitoring of a correctional facility conducted by a
special monitor with whom the commission contracts under Section
511.018; and
             (2)  collect on a monthly basis the fee set under
Subdivision (1) from each county or municipality with a
correctional facility that was under review or monitoring by a
special monitor during any period of the month, regardless of
whether the correctional facility is purchased, designed,
constructed, leased, operated, maintained, or managed by a private
vendor on behalf of the county or municipality or operated entirely
by the county or municipality.
       (f)  Out of the fees collected under Subsection (e), the
commission:
             (1)  shall compensate a special monitor in accordance
with the terms of the commission's contract with the monitor under
Section 511.018; and
             (2)  may retain not more than two percent of the fees
collected to pay costs incurred by the commission in administering
Section 511.018.
       SECTION 2.  Chapter 511, Government Code, is amended by
adding Section 511.018 to read as follows:
       Sec. 511.018.  SPECIAL MONITORS. (a)  The executive
director shall select persons with whom the commission shall
contract to serve as special monitors for the commission. The
commission shall provide training and supervision for persons with
whom the commission contracts under this subsection.
       (b)  In selecting persons with whom the commission contracts
under Subsection (a), the executive director shall:
             (1)  select persons who are not employees of the
commission or a correctional facility;
             (2)  comply with any applicable requirement or standard
established by the Texas Building and Procurement Commission; and
             (3)  use criteria related to the nature of the
deficiency that resulted in the facility's report of noncompliance.
       (c)  A contract entered under this section must:
             (1)  set an amount of monthly compensation to be paid to
the special monitor; and
             (2)  expire on the 90th day after the date the
correctional facility under review and monitoring by the special
monitor is certified by the commission to comply with all
applicable state laws and minimum standards adopted by the
commission.
       (d)  A special monitor shall:
             (1)  review and monitor the conditions in a
correctional facility that has failed three consecutive annual
inspections under this chapter;
             (2)  ensure that a correctional facility described by
Subdivision (1) is taking adequate measures to remedy any
deficiency that resulted in the facility's report of noncompliance;
             (3)  suggest to a correctional facility described by
Subdivision (1) additional measures the facility could take to
remedy any deficiency described by Subdivision (2);
             (4)  provide to a correctional facility under review by
the special monitor a quarterly report concerning the status and
progress of the review; and
             (5)  provide to the commission at each regular
quarterly commission meeting a status report concerning each
facility under review with the special monitor.
       SECTION 3.  This Act takes effect September 1, 2007.