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A BILL TO BE ENTITLED
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AN ACT
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relating to certain duties of and reports submitted to the |
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Commission on Jail Standards regarding county jail inmates who are |
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pregnant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 511.009(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall: |
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(1) adopt reasonable rules and procedures |
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establishing minimum standards for the construction, equipment, |
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maintenance, and operation of county jails; |
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(2) adopt reasonable rules and procedures |
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establishing minimum standards for the custody, care, and treatment |
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of prisoners; |
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(3) adopt reasonable rules establishing minimum |
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standards for the number of jail supervisory personnel and for |
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programs and services to meet the needs of prisoners; |
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(4) adopt reasonable rules and procedures |
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establishing minimum requirements for programs of rehabilitation, |
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education, and recreation in county jails; |
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(5) revise, amend, or change rules and procedures if |
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necessary; |
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(6) provide to local government officials |
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consultation on and technical assistance for county jails; |
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(7) review and comment on plans for the construction |
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and major modification or renovation of county jails; |
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(8) require that the sheriff and commissioners of each |
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county submit to the commission, on a form prescribed by the |
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commission, an annual report on the conditions in each county jail |
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within their jurisdiction, including all information necessary to |
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determine compliance with state law, commission orders, and the |
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rules adopted under this chapter; |
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(9) review the reports submitted under Subdivision (8) |
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and require commission employees to inspect county jails regularly |
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to ensure compliance with state law, commission orders, and rules |
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and procedures adopted under this chapter; |
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(10) adopt a classification system to assist sheriffs |
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and judges in determining which defendants are low-risk and |
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consequently suitable participants in a county jail work release |
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program under Article 42.034, Code of Criminal Procedure; |
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(11) adopt rules relating to requirements for |
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segregation of classes of inmates and to capacities for county |
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jails; |
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(12) require that the chief jailer of each municipal |
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lockup submit to the commission, on a form prescribed by the |
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commission, an annual report of persons under 17 years of age |
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securely detained in the lockup, including all information |
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necessary to determine compliance with state law concerning secure |
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confinement of children in municipal lockups; |
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(13) at least annually determine whether each county |
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jail is in compliance with the rules and procedures adopted under |
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this chapter; |
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(14) require that the sheriff and commissioners court |
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of each county submit to the commission, on a form prescribed by the |
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commission, an annual report of persons under 17 years of age |
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securely detained in the county jail, including all information |
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necessary to determine compliance with state law concerning secure |
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confinement of children in county jails; [and] |
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(15) schedule announced and unannounced inspections |
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of jails under its jurisdiction based on the jail's history of |
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compliance with commission standards and other high-risk factors |
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identified by the commission; and |
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(16) establish specific minimum standards for the |
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provision of medical, mental health, and dietary services to and |
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the housing and work assignment needs of persons who are pregnant |
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and confined in a county jail. |
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SECTION 2. Section 511.0101(a), Government Code, is amended |
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to read as follows: |
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(a) Each county shall submit to the commission on or before |
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the fifth day of each month a report containing the following |
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information: |
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(1) the number of prisoners confined in the county |
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jail on the first day of the month, classified on the basis of the |
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following categories: |
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(A) total prisoners; |
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(B) pretrial Class C misdemeanor offenders; |
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(C) pretrial Class A and B misdemeanor offenders; |
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(D) convicted misdemeanor offenders; |
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(E) felony offenders whose penalty has been |
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reduced to a misdemeanor; |
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(F) pretrial felony offenders; |
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(G) convicted felony offenders; |
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(H) prisoners detained on bench warrants; |
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(I) prisoners detained for parole violations; |
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(J) prisoners detained for federal officers; |
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(K) prisoners awaiting transfer to the |
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institutional division of the Texas Department of Criminal Justice |
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following conviction of a felony or revocation of probation, |
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parole, or release on mandatory supervision and for whom paperwork |
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and processing required for transfer have been completed; |
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(L) prisoners detained after having been |
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transferred from another jail and for whom the commission has made a |
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payment under Subchapter F, Chapter 499, Government Code; [and] |
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(M) prisoners who are known to be pregnant; and |
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(N) other prisoners; |
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(2) the total capacity of the county jail on the first |
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day of the month; and |
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(3) certification by the reporting official that the |
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information in the report is accurate. |
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SECTION 3. The Commission on Jail Standards shall establish |
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the specific standards as required by Section 511.009(a), as |
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amended by this Act, not later than January 1, 2010. |
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SECTION 4. A county shall submit the first report required |
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by Section 511.0101, Government Code, as amended by this Act, not |
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later than October 5, 2009. |
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SECTION 5. This Act takes effect September 1, 2009. |