81R753 HLT-D
 
  By: Dutton H.B. No. 944
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to in-prison geriatric communities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 501, Government Code, is
  amended by adding Section 501.094 to read as follows:
         Sec. 501.094.  IN-PRISON GERIATRIC COMMUNITIES. (a) The
  department shall establish a program to confine and treat in
  in-prison geriatric communities inmates who are 60 years of age or
  older.
         (b)  The department and the Department of Aging and
  Disability Services shall jointly develop methods of screening and
  assessing inmates to determine their needs as geriatric inmates.
  The department shall screen for geriatric problems each inmate in
  the custody of the department not later than the inmate's 58th
  birthday.
         (c)  The program must consist of a treatment program of
  indeterminate length that addresses the special problems of
  geriatric inmates.
         (d)  The department shall separate inmates participating in
  the program from the general population of the department and house
  the inmates in discrete units or areas within units, except during
  the diagnostic process or at other times determined to be necessary
  by the department for medical or security purposes.
         (e)  The department shall employ or contract with qualified
  professionals to implement the program. For purposes of this
  subsection, a "qualified professional" is a person who has at least
  two years of experience in geriatric counseling and is:
               (1)  a certified social worker or advanced clinical
  practitioner;
               (2)  a licensed professional counselor, advanced
  practice nurse, physician, or psychologist; or
               (3)  a registered nurse with a master's degree in
  psychiatric or mental health nursing.
         (f)  The department shall adopt rules of conduct for inmates
  participating in the program.
         (g)  If a qualified professional implementing the program
  determines that an inmate is not complying with the rules of the
  program, the qualified professional shall notify the department of
  that fact and the department shall end the inmate's participation
  in the program and transfer the inmate out of the program.
         (h)  The department shall provide at least 800 beds for
  housing participants in the program. The department not less often
  than every two years shall determine whether the department should
  increase the number of beds provided by the department for the
  program.
         (i)  If funding is available, the criminal justice division
  of the governor's office, with the assistance of the department,
  shall develop methods to evaluate the processes used by the
  department in providing the program and the level of success
  achieved by the program.
         SECTION 2.  This Act takes effect September 1, 2009.