83R4005 MEW-D

By: Rodriguez S.B. No. 1802

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of certain information regarding inmates and the use of administrative segregation by the Texas Department of Criminal Justice.

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

SECTION 1. Chapter 493, Government Code, is amended by adding Sections 493.031 and 493.032 to read as follows:

Sec. 493.031. ANNUAL REPORT. (a) Not later than January 1 of each year, the department shall submit a written report containing the information described by Subsection (b) to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives; and

(4) each standing committee of the senate and house of representatives having primary jurisdiction over the department.

(b) The report must include the following information for the preceding fiscal year:

(1) the number of inmates in the general prison population who were referred to mental health professionals and the reasons for the referrals;

(2) the number of inmates confined in administrative segregation who were referred to mental health professionals and the reasons for the referrals;

(3) a summary of the types of offenses for which each inmate was imprisoned;

(4) the number of documented suicide attempts by inmates in the general prison population;

(5) the number of documented suicide attempts by inmates confined in administrative segregation;

(6) the number of inmates who were confined in administrative segregation immediately before the inmates' discharge from the department;

(7) the number of inmates who were confined in administrative segregation immediately before the inmates' release on parole or to mandatory supervision;

(8) the rate of recidivism among:

(A) inmates who were never confined in administrative segregation before the inmates' release or discharge from the department;

(B) inmates who were confined in administrative segregation immediately before the inmates' release or discharge from the department; and

(C) inmates who were confined in administrative segregation at any time prior to the inmates' release or discharge from the department and who are not described by Paragraph (B);

(9) for inmates confined in administrative segregation at any time during the fiscal year:

(A) the average length of time an inmate was continuously confined in administrative segregation;

(B) the longest and shortest length of time an inmate was continuously confined in administrative segregation;

(C) a summary of the offenses for which inmates confined in administrative segregation were imprisoned; and

(D) a summary of the reasons for which inmates were placed in administrative segregation;

(10) the number of inmates discharged or released directly from the general prison population who have obtained regular employment on or before the 180th day after the inmates' release or discharge, to the extent that information is available;

(11) the number of inmates discharged or released directly from confinement in administrative segregation who have obtained regular employment on or before the 180th day after the inmates' release or discharge, to the extent that information is available;

(12) the number of reviews conducted by the department concerning an inmate's placement in administrative segregation and the number of those reviews that resulted in the inmate being transferred to the general prison population;

(13) the number of inmates who were transferred from administrative segregation to the general prison population as a result of successfully completing a program designed to facilitate the return of an inmate to the general prison population; and

(14) information regarding the operations and activity of gangs, identified security threat groups, or other disruptive groups within each facility operated by or under contract with the department.

Sec. 493.032. INFORMATION CONCERNING COST OF CONFINEMENT IN ADMINISTRATIVE SEGREGATION. The Legislative Budget Board shall include in its Criminal Justice Uniform Cost Report the cost per day calculation of confining an inmate in administrative segregation.

SECTION 2. Subchapter A, Chapter 501, Government Code, is amended by adding Section 501.023 to read as follows:

Sec. 501.023. USE OF ADMINISTRATIVE SEGREGATION. (a) The department shall conduct a review of the department's policies regarding the use of administrative segregation. The review must examine methods to reduce the number of inmates housed in administrative segregation, including alternatives to administrative segregation. Based on the review, the department shall develop a plan to reduce the department's use of administrative segregation.

(b) The plan must provide an inmate confined in administrative segregation with the following, based on the inmate's assessed risks and needs and the personal safety of the inmate or another person:

(1) the opportunity to participate in programs and services in the inmate's cell that are similar to the educational courses, work-related training, or other technical or vocational programs that are available to the general inmate population;

(2) increases in the amount of time the inmate is allowed out of the inmate's cell based on the length of the inmate's period of confinement in administrative segregation;

(3) the opportunity to exercise with inmates in the general prison population;

(4) daily contact with prison staff; and

(5) access to audio and visual media that provide the inmate with appropriate mental stimulation.

(c) In addition to the requirements of Subsection (b), for an inmate confined in administrative segregation for reasons other than the inmate's misconduct or disciplinary record or membership in a gang or identified security threat group, the plan must allow the inmate:

(1) adequate and regular access to mental health services; and

(2) if the inmate will be confined in administrative segregation immediately before the inmate's release or discharge from the department, access to services and programs that assist inmates in developing:

(A) the ability to obtain and maintain long-term employment and stable housing; and

(B) social skills and life skills, including building and maintaining parenting skills, anger management techniques, positive family interactions, and law-abiding behavior.

(d) The department shall develop and include in the plan a program that provides an opportunity for an inmate who is confined in administrative segregation based on the inmate's membership in a gang or security threat group to return to the general prison population. The program may not exceed eight months in length and must be available to an inmate who:

(1) has renounced the inmate's membership in the gang or security threat group; and

(2) during the one-year period preceding the inmate's application to the program has not:

(A) committed assault against another inmate or a member of the prison staff;

(B) been the subject of major disciplinary action; or

(C) participated in any gang-related or security threat group-related activity.

(e) The plan may not result in increased danger to inmates imprisoned in, or employees employed at, any facility operated by or under contract with the department.

SECTION 3. (a) The Texas Department of Criminal Justice shall submit the first report required under Section 493.031, Government Code, as added by this Act, not later than January 1, 2014.

(b) Not later than June 1, 2014, the Texas Department of Criminal Justice shall submit for review and comment the plan developed under Section 501.023, Government Code, as added by this Act, to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives;

(4) each standing committee of the senate and house of representatives having primary jurisdiction over the department; and

(5) the Legislative Budget Board.

SECTION 4. 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.