BILL ANALYSIS

C.S.H.B. 549

By: Johnson

County Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties observe that the number of county jails using video visitation instead of in-person visitation is increasing. The cost of video visitation can be a significant obstacle for low-income families. In addition, interested parties contend that eliminating in-person visitation leads to an increase of inmate-on-inmate and inmate-on-staff assaults, pointing specifically to an increase in inmate-on-staff assaults in a certain county jail after in-person visitation was eliminated in that facility. C.S.H.B. 549 seeks to encourage inmate access to in-person visitations.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Commission on Jail Standards in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 549 amends the Government Code to include among the general duties of the Commission on Jail Standards the adoption of reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a county jail with a minimum of two in-person, noncontact visitation periods per week of at least 20 minutes duration each. The bill prohibits such a rule or procedure from restricting the authority of a county jail under the commission's rules in effect on September 1, 2015, to limit prisoner visitation for disciplinary reasons. The bill requires the commission to establish the standards not later than January 1, 2016.

EFFECTIVE DATE

September 1, 2015.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 549 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 511.009(a), Government Code, is amended to read as follows: (a)  The commission shall: (1)  adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails; (2)  adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners; (3)  adopt reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services to meet the needs of prisoners; (4)  adopt reasonable rules and procedures establishing minimum requirements for programs of rehabilitation, education, and recreation in county jails; (5)  revise, amend, or change rules and procedures if necessary; (6)  provide to local government officials consultation on and technical assistance for county jails; (7)  review and comment on plans for the construction and major modification or renovation of county jails; (8)  require that the sheriff and commissioners of each county submit to the commission, on a form prescribed by the commission, an annual report on the conditions in each county jail within their jurisdiction, including all information necessary to determine compliance with state law, commission orders, and the rules adopted under this chapter; (9)  review the reports submitted under Subdivision (8) and require commission employees to inspect county jails regularly to ensure compliance with state law, commission orders, and rules and procedures adopted under this chapter; (10)  adopt a classification system to assist sheriffs and judges in determining which defendants are low-risk and consequently suitable participants in a county jail work release program under Article 42.034, Code of Criminal Procedure; (11)  adopt rules relating to requirements for segregation of classes of inmates and to capacities for county jails; (12)  require that the chief jailer of each municipal lockup submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the lockup, including all information necessary to determine compliance with state law concerning secure confinement of children in municipal lockups; (13)  at least annually determine whether each county jail is in compliance with the rules and procedures adopted under this chapter; (14)  require that the sheriff and commissioners court of each county submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the county jail, including all information necessary to determine compliance with state law concerning secure confinement of children in county jails; (15)  schedule announced and unannounced inspections of jails under the commission's jurisdiction using the risk assessment plan established under Section 511.0085 to guide the inspections process; (16)  adopt a policy for gathering and distributing to jails under the commission's jurisdiction information regarding: (A)  common issues concerning jail administration; (B)  examples of successful strategies for maintaining compliance with state law and the rules, standards, and procedures of the commission; and (C)  solutions to operational challenges for jails; (17)  report to the Texas Correctional Office on Offenders with Medical or Mental Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure; (18)  adopt reasonable rules and procedures establishing minimum requirements for jails to: (A)  determine if a prisoner is pregnant; and (B)  ensure that the jail's health services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are confined in the jail and are known or determined to be pregnant; [and] (19)  provide guidelines to sheriffs regarding contracts between a sheriff and another entity for the provision of food services to or the operation of a commissary in a jail under the commission's jurisdiction, including specific provisions regarding conflicts of interest and avoiding the appearance of impropriety; and (20)  adopt reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a county jail with a minimum of two in-person, noncontact visitation periods per week of at least 20 minutes duration each. No equivalent provision.	SECTION 1.  Section 511.009, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a)  The commission shall: (1)  adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails; (2)  adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners; (3)  adopt reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services to meet the needs of prisoners; (4)  adopt reasonable rules and procedures establishing minimum requirements for programs of rehabilitation, education, and recreation in county jails; (5)  revise, amend, or change rules and procedures if necessary; (6)  provide to local government officials consultation on and technical assistance for county jails; (7)  review and comment on plans for the construction and major modification or renovation of county jails; (8)  require that the sheriff and commissioners of each county submit to the commission, on a form prescribed by the commission, an annual report on the conditions in each county jail within their jurisdiction, including all information necessary to determine compliance with state law, commission orders, and the rules adopted under this chapter; (9)  review the reports submitted under Subdivision (8) and require commission employees to inspect county jails regularly to ensure compliance with state law, commission orders, and rules and procedures adopted under this chapter; (10)  adopt a classification system to assist sheriffs and judges in determining which defendants are low-risk and consequently suitable participants in a county jail work release program under Article 42.034, Code of Criminal Procedure; (11)  adopt rules relating to requirements for segregation of classes of inmates and to capacities for county jails; (12)  require that the chief jailer of each municipal lockup submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the lockup, including all information necessary to determine compliance with state law concerning secure confinement of children in municipal lockups; (13)  at least annually determine whether each county jail is in compliance with the rules and procedures adopted under this chapter; (14)  require that the sheriff and commissioners court of each county submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the county jail, including all information necessary to determine compliance with state law concerning secure confinement of children in county jails; (15)  schedule announced and unannounced inspections of jails under the commission's jurisdiction using the risk assessment plan established under Section 511.0085 to guide the inspections process; (16)  adopt a policy for gathering and distributing to jails under the commission's jurisdiction information regarding: (A)  common issues concerning jail administration; (B)  examples of successful strategies for maintaining compliance with state law and the rules, standards, and procedures of the commission; and (C)  solutions to operational challenges for jails; (17)  report to the Texas Correctional Office on Offenders with Medical or Mental Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure; (18)  adopt reasonable rules and procedures establishing minimum requirements for jails to: (A)  determine if a prisoner is pregnant; and (B)  ensure that the jail's health services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are confined in the jail and are known or determined to be pregnant; [and] (19)  provide guidelines to sheriffs regarding contracts between a sheriff and another entity for the provision of food services to or the operation of a commissary in a jail under the commission's jurisdiction, including specific provisions regarding conflicts of interest and avoiding the appearance of impropriety; and (20)  adopt reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a county jail with a minimum of two in-person, noncontact visitation periods per week of at least 20 minutes duration each. (a-1)  A commission rule or procedure adopted under Subsection (a)(20) may not restrict the authority of a county jail under the commission's rules in effect on September 1, 2015, to limit prisoner visitation for disciplinary reasons.
SECTION 2.  The Commission on Jail Standards shall establish the specific standards as required by Section 511.009(a)(20), Government Code, as added by this Act, not later than January 1, 2016.	SECTION 2. Same as introduced version.
SECTION 3.  This Act takes effect September 1, 2015.	SECTION 3. Same as introduced version.