83R4362 JRR-D

By: Guillen H.B. No. 1266

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Adult and Juvenile Administrative Segregation Task Force.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. ADULT AND JUVENILE ADMINISTRATIVE SEGREGATION TASK FORCE. (a) In this Act:

(1) "Facility" means:

(A) a facility operated by or under contract with the Texas Department of Criminal Justice;

(B) a facility operated by a county, a municipality, or a private vendor for the confinement of a person arrested for, charged with, or convicted of a criminal offense; or

(C) a public or private juvenile secure detention facility.

(2) "Inmate" means a person arrested for, charged with, or convicted of a criminal offense of this state or another state of the United States and confined in any facility in this state.

(3) "Task force" means the Adult and Juvenile Administrative Segregation Task Force established under this section.

(b) The Adult and Juvenile Administrative Segregation Task Force is established.

(c) The task force is composed of the following 18 members:

(1) the executive director of the Texas Department of Criminal Justice or the executive director's designee;

(2) the executive director of the Texas Juvenile Justice Department or the executive director's designee;

(3) the executive director of the Commission on Jail Standards or the executive director's designee;

(4) the director of the Texas Correctional Office on Offenders with Medical or Mental Impairments or the director's designee;

(5) the presiding officer of the Correctional Managed Health Care Committee or the presiding officer's designee;

(6) one representative designated by the office of independent ombudsman of the Texas Juvenile Justice Department;

(7) one representative designated by Disability Rights Texas;

(8) one representative designated by the Texas Association of Business;

(9) one representative designated by Texas Impact;

(10) one representative designated by the Texas Criminal Justice Coalition;

(11) one representative designated by Mental Health America of Texas;

(12) one representative designated by the National Alliance on Mental Illness; and

(13) six members appointed by the governor, consisting of:

(A) one representative of a nonprofit entity involved with the reintegration of inmates;

(B) one representative of a faith-based organization involved with the reintegration of inmates;

(C) one member who was convicted of a criminal offense in this state;

(D) one member who has expertise in issues related to adult or juvenile criminal justice; and

(E) two members who have expertise in issues related to administrative segregation, seclusion, or solitary confinement.

(d) The governor shall designate a member of the task force to serve as presiding officer.

(e) The task force shall meet at the times and places that the presiding officer determines are appropriate.

(f) A member of the task force is not entitled to compensation but is entitled to reimbursement for the member's actual and necessary expenses incurred in attending meetings of the task force and performing other official duties authorized by the presiding officer of the task force, as provided by the General Appropriations Act.

(g) The task force is not subject to Chapter 2110, Government Code.

SECTION 2. DUTIES OF TASK FORCE. The task force shall:

(1) conduct a comprehensive review of administrative segregation and seclusion policies and practices in facilities in this state;

(2) develop methods to:

(A) reduce the number of inmates and juveniles housed in administrative segregation or subject to other restrictive means of confinement; and

(B) provide inmates and juveniles housed in administrative segregation with increased access to programs, services, and mental health treatment; and

(3) make findings and policy recommendations relating to the use of administrative segregation in facilities in this state.

SECTION 3. REPORT. Not later than December 1, 2014, the task force shall deliver a report of the task force's findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, the standing committees of each house of the legislature with primary jurisdiction over criminal justice matters, the executive director of the Texas Department of Criminal Justice, and the executive director of the Texas Juvenile Justice Department.

SECTION 4. EXPIRATION. The task force is abolished and this Act expires August 31, 2015.

SECTION 5. INITIAL APPOINTMENTS; FIRST MEETING. (a) Not later than the 60th day after the effective date of this Act, the governor shall make the appointments required by Section 1(c) of this Act.

(b) The presiding officer of the task force shall convene the first meeting of the task force not later than December 1, 2013.

SECTION 6. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.