BILL ANALYSIS

C.S.H.B. 2348

By: Larson

County Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Commission on Jail Standards is responsible for implementing policy that requires all county jail facilities to conform to minimum standards of construction, maintenance, and operations. According to the commission, a so-called paper-ready inmate is an inmate awaiting transfer to the Texas Department of Criminal Justice (TDCJ) following a conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom all required paperwork and processing for transfer has been completed.  While in the county jail, these paper-ready inmates are subject to standards enforced by the commission, although they have already been convicted and sentenced to TDCJ. C.S.H.B. 2348 seeks to address this issue by establishing provisions relating to certain standards applicable to certain prisoners confined in a county jail pending transfer to TDCJ.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2348 amends the Government Code to prohibit the Commission on Jail Standards from adopting a rule that establishes classification requirements and minimum housing standards for any prisoner who is awaiting transfer to a facility operated by or under contract with the Texas Department of Criminal Justice (TDCJ) following conviction of a felony or revocation of community supervision, parole, or mandatory supervision and for whom all paperwork and processing required for transfer to TDCJ has been completed.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2348 omits a provision included in the original requiring a sheriff to establish certain  classification requirements and minimum housing standards applicable to a prisoner awaiting transfer to a Texas Department of Criminal Justice facility for whom all paperwork and processing has been completed.

C.S.H.B. 2348 differs from the original in a nonsubstantive way by conforming to a certain bill drafting convention.