| TO: | Honorable David Dewhurst , Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1009 by Deuell (Relating to the continuation and functions of the Commission on Jail Standards. ), Conference Committee Report |
The Texas Commission on Jail Standards (TCJS) is subject to the Sunset Act and will be abolished on September 1, 2009, unless continued by the Legislature. The bill would take effect on September 1, 2009.
SECTION 5 of the bill would amend the Government Code, Chapter 511, by adding Section 511.0061 to include language requiring TCJS to make effective use of technology in its delivery of services and provision of information to the public.
SECTION 6 of the bill would amend the Government Code, Section 511.0071, to require TCJS to adopt updated rules and procedures to clearly describe the complaints process; provide a standard form for submitting complaints; and establish a procedure to track, analyze, and report summary information about complaints to the Commission members.
SECTION 8 of the bill would amend the Government Code by adding Section 511.0085, which would require TCJS to develop a comprehensive set of risk factors and a risk assessment plan to guide the inspections process for all jails under its jurisdiction.
SECTION 9 of the bill would amend the Government Code, Section 511.009, to require TCJS to develop a best practices program to share useful information about jail compliance and common operational challenges with its stakeholders and report to the Texas Correctional Office on Offenders with Medical or Mental Impairments on a jail's compliance with certain provisions in the Code of Criminal Procedure related to defendants with mental illness or mental retardation. The bill would require TCJS to adopt rules and procedures for minimum requirements for jails related to pregnant inmates. It would also require TCJS to provide guidelines to sheriffs regarding contracts for jail commissary services, including specific provisions regarding conflicts of interest and avoiding the appearance of impropriety.
SECTION 11 of the bill would amend the Government Code by adding Section 511.0115, requiring TCJS to provide public information about the compliance status of jails on the agency’s website.
SECTION 12 of the bill would amend the Government Code by adding Section 511.018, requiring TCJS to develop a policy that encourages the use of negotiated rule making and alternative dispute resolution.
SECTION 13 of the bill would repeal the Government Code, Section 511.0071(c), relating to TCJS establishing methods by which consumers and service recipients are notified of the name, mailing address, and telephone number to the Commission for the purpose of directing complaints.
| Source Agencies: | 116 Sunset Advisory Commission, 409 Commission on Jail Standards
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| LBB Staff: | JOB, DB, GG, MC
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