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A BILL TO BE ENTITLED
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AN ACT
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relating to the policies of the Texas Department of Criminal |
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Justice regarding the use of, and treatment of inmates confined in, |
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administrative segregation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 501, Government Code, is |
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amended by adding Section 501.0221 to read as follows: |
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Sec. 501.0221. REVIEW OF ADMINISTRATIVE SEGREGATION |
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POLICIES; REPORT. (a) The department shall conduct a review of the |
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department's policies regarding the use of administrative |
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segregation. The review must: |
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(1) examine methods to reduce the number of inmates |
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confined in administrative segregation, including methods of |
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safekeeping other than administrative segregation; |
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(2) consider adoption of any standards contained in |
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the American Bar Association's Criminal Justice Standards on the |
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Treatment of Prisoners that are applicable to the use of |
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administrative segregation; |
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(3) address providing an inmate confined in |
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administrative segregation with an opportunity to return to the |
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general prison population more quickly than the inmate otherwise |
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might, if the inmate consistently exhibits good conduct and |
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complies with department rules; and |
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(4) study the impact of extended confinement in |
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administrative segregation on an inmate's physical and mental |
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well-being and consider adoption of a policy that establishes the |
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maximum amount of time that an inmate may be confined in |
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administrative segregation, absent a determination by the |
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department that placing the inmate in the general population would |
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threaten the safety of the inmate or another person. |
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(b) Not later than December 31, 2012, the department shall |
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report the results of the review to the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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standing legislative committees with primary jurisdiction over the |
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department. |
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(c) If the department concludes that it is impossible or |
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undesirable to reduce the number of inmates confined in |
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administrative segregation, the department shall state the reasons |
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for this conclusion in the report required under Subsection (b). |
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(d) This section expires February 1, 2013. |
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SECTION 2. Subchapter A, Chapter 501, Government Code, is |
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amended by adding Sections 501.023 and 501.024 to read as follows: |
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Sec. 501.023. USE OF ADMINISTRATIVE SEGREGATION. (a) The |
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department shall adopt a policy that prohibits confining an inmate |
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in administrative segregation based solely on: |
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(1) the inmate's membership in a gang or identified |
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security threat group; |
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(2) the inmate's misconduct or disciplinary record |
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while in the custody of the department, unless the misconduct or |
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record is substantiated by a sworn statement of the inmate or |
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another person; or |
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(3) the personal safety needs of the inmate or another |
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person, unless the department determines that methods other than |
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confinement in administrative segregation are insufficient to |
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ensure the safety of the inmate or another person. |
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(b) The policy must require the department to conduct |
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frequent reviews of the suitability of transfer to the general |
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population of inmates placed in administrative segregation. |
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Sec. 501.024. SERVICES TO INMATE IN ADMINISTRATIVE |
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SEGREGATION. The department shall adopt a policy that allows an |
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inmate confined in administrative segregation: |
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(1) to participate in educational courses, |
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work-related training, or other technical or vocational programs |
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that are available to the general inmate population, including |
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programs and services designed to reduce membership in gangs or |
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security threat groups; |
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(2) to have contact visits with the inmate's family; |
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(3) adequate and regular access to mental health |
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services; and |
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(4) for an inmate who is confined in administrative |
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segregation immediately before the inmate's release or discharge |
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from the department, access to services and programs that assist |
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inmates in developing: |
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(A) the ability to obtain and maintain long-term |
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employment and stable housing; and |
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(B) social skills and life skills, including |
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building and maintaining parenting skills, anger management |
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techniques, positive family interactions, and law-abiding |
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behavior. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |