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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of telemental health services to |
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prisoners confined in county jails, including the creation of the |
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county jail telemental health fund, and to certain rules and |
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procedures relating to the safety of those prisoners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 511.009(a), Government Code, as amended |
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by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. 634), Acts |
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of the 84th Legislature, Regular Session, 2015, is reenacted and |
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amended to read as follows: |
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(a) The commission shall: |
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(1) adopt reasonable rules and procedures |
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establishing minimum standards for the construction, equipment, |
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maintenance, and operation of county jails; |
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(2) adopt reasonable rules and procedures |
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establishing minimum standards for the custody, care, and treatment |
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of prisoners; |
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(3) adopt reasonable rules establishing minimum |
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standards for the number of jail supervisory personnel and for |
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programs and services to meet the needs of prisoners; |
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(4) adopt reasonable rules and procedures |
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establishing minimum requirements for programs of rehabilitation, |
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education, and recreation in county jails; |
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(5) revise, amend, or change rules and procedures if |
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necessary; |
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(6) provide to local government officials |
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consultation on and technical assistance for county jails; |
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(7) review and comment on plans for the construction |
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and major modification or renovation of county jails; |
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(8) require that the sheriff and commissioners of each |
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county submit to the commission, on a form prescribed by the |
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commission, an annual report on the conditions in each county jail |
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within their jurisdiction, including all information necessary to |
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determine compliance with state law, commission orders, and the |
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rules adopted under this chapter; |
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(9) review the reports submitted under Subdivision (8) |
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and require commission employees to inspect county jails regularly |
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to ensure compliance with state law, commission orders, and rules |
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and procedures adopted under this chapter; |
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(10) adopt a classification system to assist sheriffs |
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and judges in determining which defendants are low-risk and |
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consequently suitable participants in a county jail work release |
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program under Article 42.034, Code of Criminal Procedure; |
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(11) adopt rules relating to requirements for |
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segregation of classes of inmates and to capacities for county |
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jails; |
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(12) require that the chief jailer of each municipal |
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lockup submit to the commission, on a form prescribed by the |
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commission, an annual report of persons under 17 years of age |
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securely detained in the lockup, including all information |
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necessary to determine compliance with state law concerning secure |
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confinement of children in municipal lockups; |
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(13) at least annually determine whether each county |
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jail is in compliance with the rules and procedures adopted under |
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this chapter; |
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(14) require that the sheriff and commissioners court |
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of each county submit to the commission, on a form prescribed by the |
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commission, an annual report of persons under 17 years of age |
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securely detained in the county jail, including all information |
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necessary to determine compliance with state law concerning secure |
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confinement of children in county jails; |
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(15) schedule announced and unannounced inspections |
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of jails under the commission's jurisdiction using the risk |
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assessment plan established under Section 511.0085 to guide the |
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inspections process; |
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(16) adopt a policy for gathering and distributing to |
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jails under the commission's jurisdiction information regarding: |
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(A) common issues concerning jail |
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administration; |
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(B) examples of successful strategies for |
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maintaining compliance with state law and the rules, standards, and |
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procedures of the commission; and |
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(C) solutions to operational challenges for |
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jails; |
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(17) report to the Texas Correctional Office on |
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Offenders with Medical or Mental Impairments on a jail's compliance |
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with Article 16.22, Code of Criminal Procedure; |
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(18) adopt reasonable rules and procedures |
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establishing minimum requirements for jails to: |
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(A) determine if a prisoner is pregnant; and |
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(B) ensure that the jail's health services plan |
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addresses medical and mental health care, including nutritional |
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requirements, and any special housing or work assignment needs for |
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persons who are confined in the jail and are known or determined to |
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be pregnant; |
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(19) provide guidelines to sheriffs regarding |
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contracts between a sheriff and another entity for the provision of |
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food services to or the operation of a commissary in a jail under |
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the commission's jurisdiction, including specific provisions |
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regarding conflicts of interest and avoiding the appearance of |
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impropriety; [and] |
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(20) adopt reasonable rules and procedures |
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establishing minimum standards for prisoner visitation that |
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provide each prisoner at a county jail with a minimum of two |
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in-person, noncontact visitation periods per week of at least 20 |
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minutes duration each; |
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(21) [(20)] require the sheriff of each county to: |
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(A) investigate and verify the veteran status of |
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each prisoner by using data made available from the Veterans |
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Reentry Search Service (VRSS) operated by the United States |
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Department of Veterans Affairs or a similar service; and |
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(B) use the data described by Paragraph (A) to |
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assist prisoners who are veterans in applying for federal benefits |
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or compensation for which the prisoners may be eligible under a |
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program administered by the United States Department of Veterans |
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Affairs; |
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(22) [(20)] adopt reasonable rules and procedures |
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regarding visitation of a prisoner at a county jail by a guardian, |
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as defined by Section 1002.012, Estates Code, that: |
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(A) allow visitation by a guardian to the same |
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extent as the prisoner's next of kin, including placing the |
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guardian on the prisoner's approved visitors list on the guardian's |
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request and providing the guardian access to the prisoner during a |
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facility's standard visitation hours if the prisoner is otherwise |
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eligible to receive visitors; and |
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(B) require the guardian to provide the sheriff |
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with letters of guardianship issued as provided by Section |
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1106.001, Estates Code, before being allowed to visit the prisoner; |
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and |
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(23) adopt reasonable rules and procedures to ensure |
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the safety of prisoners, including rules and procedures that |
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require a county jail to have the ability to access a mental health |
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professional on site or through a telemental health service 24 |
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hours a day. |
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SECTION 2. Chapter 511, Government Code, is amended by |
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adding Section 511.019 to read as follows: |
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Sec. 511.019. COUNTY JAIL TELEMENTAL HEALTH FUND. (a) The |
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county jail telemental health fund is a dedicated account in the |
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general revenue fund. |
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(b) The county jail telemental health fund consists of: |
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(1) appropriations of money to the fund by the |
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legislature; and |
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(2) gifts, grants, including grants from the federal |
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government, and other donations received for the fund. |
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(c) Money in the fund may be appropriated only to the |
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commission to pay for programs, training, and capital improvements |
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necessary to implement or improve telemental health services in a |
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county jail with a certified capacity of 96 prisoners or fewer. |
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(d) The commission by rule may establish a grant program to |
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provide grants to counties to fund programs, training, or capital |
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improvements in a county jail described by Subsection (c). |
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SECTION 3. Not later than September 1, 2018, the Commission |
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on Jail Standards shall adopt the rules and procedures required by |
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Section 511.009(a)(23), Government Code, as added by this Act. On |
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and after September 1, 2020, a county jail shall comply with any |
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rule or procedure adopted by the Commission on Jail Standards under |
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that section. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect September 1, 2017. |