83R9894 JRR-F

By: Allen H.B. No. 2650

A BILL TO BE ENTITLED

AN ACT

relating to the Criminal Justice Legislative Oversight Committee, the appointment of members, and the members' duties and responsibilities.

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

SECTION 1. Section 328.001, Government Code, is amended to read as follows:

Sec. 328.001. DEFINITIONS [DEFINITION]. In this chapter:

(1) "Board" means the Legislative Budget Board.

(2) "Committee" [, "committee"] means the Criminal Justice Legislative Oversight Committee.

(3) "Correctional facility" means a facility operated by or under contract with the department.

(4) "Department" means the Texas Department of Criminal Justice.

SECTION 2. Section 328.002(b), Government Code, is amended to read as follows:

(b) The committee is composed of six members as follows:

(1) the chair of the Senate Committee on Criminal Justice;

(2) the chair of the House Committee on Corrections;

(3) two members of the senate appointed by the lieutenant governor, neither of whom may be members of the same political party; and

(4) two members of the house of representatives appointed by the speaker of the house of representatives, neither of whom may be members of the same political party.

SECTION 3. Section 328.004, Government Code, is amended by adding Subsections (c), (d), and (e) to read as follows:

(c) The committee shall:

(1) provide for the regular inspection of each correctional facility; and

(2) submit reports to the board and the legislature, in accordance with Subsection (e), that include:

(A) the results of the committee's inspections since the most recent inspections included in a report to the board or legislature, as applicable, including an evaluation of the inmate grievance procedure at each inspected facility; and

(B) any recommendations concerning policy changes or other means by which to improve the conditions or operations of correctional facilities in this state.

(d) The committee shall ensure that:

(1) not fewer than a total of 25 correctional facilities are inspected each two-year period, including not fewer than 5 correctional facilities that are operated under contract with the department; and

(2) each inspection includes one or more visitations during:

(A) a general meal period; and

(B) a rehabilitative or educational program.

(e) The committee shall submit a report to:

(1) the board once every six months at a regularly scheduled meeting of the board; and

(2) the legislature once every two years not later than the 15th day after the date a regular session of the legislature convenes.

SECTION 4. Chapter 328, Government Code, is amended by adding Sections 328.0041 and 328.0051 to read as follows:

Sec. 328.0041. COMMUNICATION AND CONFIDENTIALITY. (a) The department shall:

(1) allow a member of the committee or its staff to access any part of a correctional facility, without advance notice, for the purpose of conducting an inspection; and

(2) allow any person imprisoned or confined in a correctional facility, or any correctional officer or other person employed at a correctional facility, to communicate in person, by mail, or by any other means with a member of the committee or its staff.

(b) The department may not open or inspect any letter between a member of the committee or its staff and a person imprisoned or confined in a correctional facility.

(c) The department may not take any adverse action against a person imprisoned or confined in a correctional facility or employed by a correctional facility as a result of a communication between the person and a member of the committee or its staff.

(d) A communication described by Subsection (a)(2) is confidential and not subject to public disclosure under Chapter 552 or other law.

Sec. 328.0051. PUBLIC AND INMATE AWARENESS. The committee shall make available to the public and any person imprisoned or confined in a correctional facility information regarding:

(1) the manner by which the committee may be contacted; and

(2) the purpose, duties, and responsibilities of the committee.

SECTION 5. Section 328.007, Government Code, is repealed.

SECTION 6. Not later than January 1, 2014, the speaker of the house of representatives and the lieutenant governor shall conform their respective appointments to the Criminal Justice Legislative Oversight Committee as necessary to meet the requirements of Section 328.002(b), Government Code, as amended by this Act.

SECTION 7. 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.