84R12425 JRR-F

By: Rodríguez S.B. No. 891

A BILL TO BE ENTITLED

AN ACT

relating to the operations of the Texas Department of Criminal Justice, including conditions of confinement of certain inmates and required training for correctional officers employed by the department.

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

SECTION 1. Chapter 493, Government Code, is amended by adding Sections 493.032, 493.033, and 493.034 to read as follows:

Sec. 493.032. REQUIRED TRAINING FOR CORRECTIONAL OFFICERS. (a) The department shall require each correctional officer employed by the department to complete, during the officer's first 24 months of service, not less than 280 hours of training, including:

(1) 140 hours of on-the-job training; and

(2) mental health crisis intervention training.

(b) The department shall indicate in the correctional officer's personnel file that the officer has completed the training required by this section.

(c) A correctional officer is not required to complete training under this section if the officer's personnel file indicates that the officer has completed the training required by this section during a previous period of employment as a correctional officer.

(d) The department may suspend or otherwise discipline a correctional officer who fails to comply with the requirements of this section.

Sec. 493.033. CONTINUING EDUCATION REQUIRED FOR CORRECTIONAL OFFICERS. (a) The department shall require each correctional officer employed by the department to complete at least 80 hours of continuing education programs once every 24 months. The department may suspend or otherwise discipline a correctional officer who fails to comply with this requirement.

(b) As part of the continuing education requirement under Subsection (a), a correctional officer must complete a training and education program that covers 40 hours of core requirements designated by the department.

(c) The department shall develop specialized training for correctional officers that may be credited toward continuing education requirements.

(d) The department by rule shall provide for a waiver of the requirements of this section if mitigating circumstances exist.

(e) The department shall credit a correctional officer with meeting the continuing education requirements of this section if during the relevant 24-month period the correctional officer serves on active duty as a member of the United States military for at least 12 months. Credit for continuing education under this subsection does not affect any requirement to demonstrate continuing weapons proficiency under Section 493.034.

(f) The department shall credit toward the continuing education requirements of this section training approved by the Texas Commission on Law Enforcement.

(g) A correctional officer is not required to complete continuing education under this section during the period in which the officer is completing training under Section 493.032.

Sec. 493.034. CONTINUING DEMONSTRATION OF WEAPONS PROFICIENCY. (a) The department shall designate one or more firearms proficiency officers and require each correctional officer employed by the department to demonstrate weapons proficiency to a firearms proficiency officer at least annually. The department shall maintain records of the weapons proficiency of correctional officers.

(b) On request, the department may waive the requirement that a correctional officer demonstrate weapons proficiency on a determination by the department that the requirement causes a hardship.

(c) The department by rule shall define weapons proficiency for purposes of this section.

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

SUBCHAPTER G. RESTRICTIONS ON USE OF ADMINISTRATIVE SEGREGATION

Sec. 501.191. DEFINITIONS. In this subchapter:

(1) "Inmate with a serious mental illness or other significant mental impairment" means an inmate confined by the department who has a substantial disorder of thought or mood that significantly impairs the inmate's judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. The term includes an inmate who has current symptoms of or is receiving treatment for:

(A) any of the following Axis I diagnoses as defined by the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders, fourth edition:

(i) schizophrenia, including any schizophrenia subtype;

(ii) delusional disorder;

(iii) schizophreniform disorder;

(iv) schizoaffective disorder;

(v) brief psychotic disorder;

(vi) substance-induced psychotic disorder, other than intoxication or withdrawal;

(vii) bipolar disorder I or II;

(viii) major depressive disorder; or

(ix) any other psychotic disorder;

(B) a mental disorder that includes being actively suicidal;

(C) a mental illness that is frequently characterized by breaks with reality or perceptions of reality that lead to significant functional impairment;

(D) an organic brain syndrome that results in significant functional impairment if not treated;

(E) a severe personality disorder that is manifested by frequent episodes of psychosis or depression and results in significant functional impairment; or

(F) an intellectual disability with significant functional impairment.

(2) "Mental health professional" means a psychiatrist, psychologist, or nurse practitioner who is licensed to practice in this state.

Sec. 501.192. POLICY REGARDING ADMINISTRATIVE SEGREGATION. The department shall adopt policies to ensure that inmates confined in administrative segregation or subject to other restrictive means of confinement are not at risk of recidivism due to unaddressed mental health needs or other impacts of long-term isolation.

Sec. 501.1921. IMPLEMENTATION OF RECOMMENDATIONS. In adopting policies under Section 501.192, the department shall implement the recommendations of the Advisory Committee on Isolated Confinement contained in the committee's report to the 85th Legislature. The recommendations must be implemented not later than the time period specified in the report. This section expires September 1, 2019.

Sec. 501.193. MENTAL HEALTH UNIT. (a) In this section, "mental health unit" means a residential, therapeutic housing unit established under Subsection (b).

(b) The department shall establish a mental health unit to provide:

(1) long-term housing to inmates with a serious mental illness or other significant mental impairment in lieu of confinement in administrative segregation; and

(2) clinically appropriate and habilitative programs and services, including long-term mental health treatment, to inmates described by Subdivision (1).

Sec. 501.194. RESTRICTIONS ON PLACEMENT OF CERTAIN INMATES IN ADMINISTRATIVE SEGREGATION. (a) An inmate with a serious mental illness or other significant mental impairment may not be placed in administrative segregation unless exigent circumstances require the placement.

(b) If an inmate described by Subsection (a) is placed in administrative segregation for more than 24 hours, the person who made the decision to place the inmate in administrative segregation shall file a report with the unit warden explaining the exigent circumstances that required the placement.

(c) If an inmate described by Subsection (a) is placed in administrative segregation for more than four hours, on two or more occasions during a seven-day period, the person who made the decision to place the inmate in administrative segregation shall file a report with the unit warden explaining the exigent circumstances that required multiple placements.

Sec. 501.195. MENTAL HEALTH EXAMINATION. (a) Not later than 24 hours after an inmate is placed in administrative segregation, the inmate must be examined by a mental health professional to determine whether the inmate is an inmate with a serious mental illness or other significant mental impairment.

(b) If the mental health professional determines that an inmate examined under Subsection (a) is an inmate with a serious mental illness or other significant mental impairment, the department shall transfer the inmate from administrative segregation to a mental health unit established under Section 501.193, a mental health facility within the correctional facility, or other appropriate housing that does not include long-term isolated confinement.

Sec. 501.196. INVOLVEMENT OF MENTAL HEALTH PROFESSIONAL IN ADMINISTRATIVE SEGREGATION DECISIONS. (a) A mental health professional must participate in all initial and ongoing decisions relating to an inmate's placement in administrative segregation, including all reviews conducted by:

(1) the state classification committee; or

(2) the administrative segregation committee.

(b) Except as provided by Subsection (c), an inmate must be placed in a setting that is less restrictive than administrative segregation if the mental health professional who is participating in the review of the placement or continued placement of the inmate in administrative segregation finds that the inmate's placement in administrative segregation will:

(1) increase the likelihood of recidivism by the inmate;

(2) cause the inmate to develop a serious mental illness or other significant mental impairment as described by Section 501.191;

(3) exacerbate an existing serious mental illness or other significant mental impairment as described by Section 501.191;

(4) cause or exacerbate suicidal ideation; or

(5) otherwise undermine the rehabilitation of the inmate.

(c) An inmate is not required to be placed in a less restrictive setting under Subsection (b) if the committee conducting the review determines that, based on evidence presented to the committee that the inmate is a security threat or poses a danger to other inmates or staff, exigent circumstances require the temporary placement of the inmate in administrative segregation.

(d) The unit warden and a mental health professional shall conduct a review of an inmate's placement in administrative segregation not later than 24 hours after exigent circumstances are found to exist under Subsection (c) and after each subsequent 24-hour period until the inmate can safely be placed in a less restrictive setting.

Sec. 501.197. PERIOD OF CONFINEMENT. (a) Except as provided by Subsection (b), the department may not confine an inmate in administrative segregation for more than 365 consecutive days.

(b) The department may confine an inmate in administrative segregation for a period that exceeds 365 consecutive days if, not more than 30 days before the inmate's 365th consecutive day in administrative segregation:

(1) the state classification committee conducts a review of the inmate's custody classification; and

(2) based on the review conducted under Subdivision (1), the executive director approves continuing the inmate's confinement in administrative segregation for a period that exceeds 365 consecutive days.

Sec. 501.198. REENTRY STEP-DOWN PROGRAM FOR CERTAIN INMATES IN ADMINISTRATIVE SEGREGATION. (a) The department shall establish a program for inmates who are projected to be released or discharged from the department in 180 days or less and who have been confined in administrative segregation for at least 180 consecutive days.

(b) A program established under this section must:

(1) house inmates described by Subsection (a) in a residential, therapeutic housing unit within a correctional facility in lieu of confinement in administrative segregation;

(2) provide clinically appropriate and habilitative programs and services to the inmates; and

(3) provide programs and services that are designed to ensure successful reentry, including programs and services that assist the inmates in developing:

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

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

(c) Not later than 180 days before the date an inmate confined in administrative segregation for at least 180 consecutive days is projected to be released or discharged from the department, the department shall transfer the inmate from administrative segregation to a program established under this section.

SECTION 3. Subtitle G, Title 4, Government Code, is amended by adding Chapter 512 to read as follows:

CHAPTER 512. ADVISORY COMMITTEE ON ISOLATED CONFINEMENT

Sec. 512.001. DEFINITIONS. In this chapter:

(1) "Committee" means the Advisory Committee on Isolated Confinement.

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

(3) "Isolated confinement" means prolonged confinement of an inmate in a cell, typically 22 hours or more per day, with very limited time spent outside the inmate's cell and severely restricted activity, movement, and social interaction, whether pursuant to disciplinary, administrative, or classification action.

Sec. 512.002. CREATION. The Advisory Committee on Isolated Confinement is created.

Sec. 512.003. COMPOSITION. (a) The committee is composed of the following 14 members:

(1) the executive director of the department or the executive director's designee;

(2) the director of the department's health services division or the director's designee;

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

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

(5) one representative designated by the American Federation of State, County, and Municipal Employees Texas Correctional Employees Council;

(6) one representative designated by Disability Rights Texas;

(7) one representative designated by Mental Health America of Texas or, if Mental Health America of Texas does not designate a representative, the Hogg Foundation for Mental Health;

(8) one representative designated by the National Alliance on Mental Illness or, if the National Alliance on Mental Illness does not designate a representative, the Meadows Mental Health Policy Institute; and

(9) 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 representative of an organization composed of families of inmates;

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

(E) one member who has expertise in criminal justice and mental health issues and who is independent of the department; and

(F) one member who has expertise in issues related to administrative segregation, seclusion, or solitary confinement and who is independent of the department.

(b) The governor shall designate a member of the committee to serve as presiding officer.

Sec. 512.004. MEETINGS. The committee shall meet at the times and places that the presiding officer determines are appropriate.

Sec. 512.005. DUTIES. The committee shall:

(1) in consultation with the department, conduct a comprehensive review of isolated confinement policies and practices in correctional facilities in this state;

(2) request from the department information and data relating to the use of isolated confinement;

(3) make findings and policy recommendations relating to the use of isolated confinement in correctional facilities in this state, including recommended methods to:

(A) reduce the number of inmates housed in isolated confinement;

(B) ensure proper treatment and care of inmates housed in isolated confinement who have a serious mental illness or other significant mental impairment;

(C) provide inmates housed in isolated confinement with increased access to mental health treatment, services, and programs, including programs that provide for increased social interaction or increases in the amount of time an inmate is allowed out of the inmate's cell; and

(D) implement programs that provide for less restrictive housing based on good behavior;

(4) publish the report described by Section 512.006 on a public website; and

(5) provide recommendations to the department regarding the establishment of mental health units under Section 501.193.

Sec. 512.006. REPORT. Not later than December 1, 2016, the committee shall deliver a report of the committee's findings and recommendations made under Section 512.005, including deadlines for the department to implement those recommendations, to the governor, the lieutenant governor, the speaker of the house of representatives, the presiding officers of the Senate Committee on Criminal Justice and the House Committee on Corrections, and the executive director of the department.

Sec. 512.007. EXPIRATION. The committee is abolished and this chapter expires August 31, 2017.

SECTION 4. Not later than January 1, 2016, the Texas Department of Criminal Justice shall adopt rules as required by Sections 493.033 and 493.034, Government Code, as added by this Act.

SECTION 5. (a) Section 493.032, Government Code, as added by this Act, applies only to a correctional officer hired by the Texas Department of Criminal Justice on or after the effective date of this Act. A correctional officer hired before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

(b) Sections 493.033 and 493.034, Government Code, as added by this Act, apply to a correctional officer employed by the Texas Department of Criminal Justice on or after the effective date of this Act, regardless of whether the officer is hired before, on, or after that date.

SECTION 6. (a) Not later than October 1, 2015, each inmate confined in administrative segregation in a facility operated by or under contract with the Texas Department of Criminal Justice on the effective date of this Act must be examined by a mental health professional, as defined by Section 501.191, Government Code, as added by this Act, to determine whether the inmate is an inmate with a serious mental illness or other significant mental impairment.

(b) If the mental health professional determines that an inmate examined under Subsection (a) is an inmate with a serious mental illness or other significant mental impairment, the Texas Department of Criminal Justice shall transfer the inmate from administrative segregation to a mental health unit established under Section 501.193, Government Code, as added by this Act, a mental health facility within the correctional facility, or other appropriate housing that does not include long-term isolated confinement.

SECTION 7. (a) Not later than November 1, 2015, the governor shall make the appointments required by Section 512.003, Government Code, as added by this Act.

(b) The presiding officer of the Advisory Committee on Isolated Confinement shall convene the first meeting of the committee not later than December 1, 2015.

SECTION 8. This Act takes effect September 1, 2015.