By: White, et al. (Senate Sponsor - Whitmire) H.B. No. 650
         (In the Senate - Received from the House April 11, 2019;
  April 15, 2019, read first time and referred to Committee on State
  Affairs; April 16, 2019, rereferred to Committee on Criminal
  Justice; May 2, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; May 2, 2019, sent
  to printer.)
  relating to inmates of the Texas Department of Criminal Justice.
         SECTION 1.  Chapter 493, Government Code, is amended by
  adding Section 493.032 to read as follows:
  PREGNANT INMATES. (a)  The department shall provide training
  relating to medical and mental health care issues applicable to
  pregnant inmates to:
               (1)  each correctional officer employed by the
  department at a facility in which female inmates are confined; and
               (2)  any other department employee whose duties involve
  contact with pregnant inmates.
         (b)  The training must include information regarding:
               (1)  appropriate care for pregnant inmates; and
               (2)  the impact on a pregnant inmate and the inmate's
  unborn child of:
                     (A)  the use of restraints;
                     (B)  placement in administrative segregation; and
                     (C)  invasive searches.
         SECTION 2.  Subchapter A, Chapter 501, Government Code, is
  amended by adding Section 501.0101 to read as follows:
         Sec. 501.0101.  STUDY OF VISITATION POLICIES; REPORT.  (a)  
  The department shall conduct a study of the effect of the
  department's visitation policies under Sections 501.010 and
  507.030 on the relationships between inmates or defendants and
  their children.  In conducting the study, the department shall:
               (1)  review:
                     (A)  evidence-based visitation practices that
  enhance parental bonding and engagement; and
                     (B)  age-appropriate visitation activities for
  children that enhance cognitive and motor skills; and
               (2)  consider implementing changes to the policies to
  strengthen the relationships between inmates or defendants and
  their children.
         (b)  Not later than December 31, 2020, the department shall
  report the results of the study to the governor, the lieutenant
  governor, the speaker of the house of representatives, and the
  standing legislative committees with primary jurisdiction over the
         (c)  This section expires February 1, 2021.
         SECTION 3.  Subchapter A, Chapter 501, Government Code, is
  amended by adding Sections 501.0215 and 501.026 to read as follows:
  INMATES. The department shall develop and provide to each pregnant
  inmate educational programming relating to pregnancy and
  parenting. The programming must include instruction regarding:
               (1)  appropriate prenatal care and hygiene;
               (2)  the effects of prenatal exposure to alcohol and
  drugs on a developing fetus;
               (3)  parenting skills; and
               (4)  medical and mental health issues applicable to
         Sec. 501.026.  LIMITATION ON CERTAIN SEARCHES. The
  department shall adopt a policy regarding a search of any room or
  other area that occurs while a female inmate who is not fully
  clothed is present in the room or area. The policy must:
               (1)  require that the search be conducted by a female
  correctional officer if one is available;
               (2)  include staffing procedures to ensure the
  availability of female officers; and
               (3)  provide that if it is necessary for a male
  correctional officer to conduct the search, the officer must submit
  a written report explaining the reasons for the search to the warden
  not later than 72 hours after the search.
         SECTION 4.  Section 501.066(a), Government Code, is amended
  to read as follows:
         (a)  The department may not place [use] restraints around the
  ankles, legs, or waist [to control the movement] of a pregnant woman
  in the custody of the department at any time after the woman's
  pregnancy has been confirmed by a medical professional [during
  which the woman is in labor or delivery or recovering from
  delivery], unless the director, the [or] director's designee, or a
  medical professional determines that the use of restraints is
  necessary based on a reasonable belief that the [to:
               [(1) ensure the safety and security of the] woman will
  harm herself, [or] her unborn child or infant, or any other person
  [department or medical personnel, or any member of the public;] or
               [(2) prevent a substantial risk that the woman] will
  attempt escape.
         SECTION 5.  Subchapter B, Chapter 501, Government Code, is
  amended by adding Sections 501.0665, 501.0666, 501.0667, 501.0675,
  and 501.070 to read as follows:
  Except as provided by Subsection (b), any invasive body cavity
  search of a pregnant inmate shall be conducted by a medical
         (b)  A correctional officer may conduct an invasive body
  cavity search of a pregnant inmate only if the officer has a
  reasonable belief that the inmate is concealing contraband. An
  officer who conducts a search described by this section shall
  submit a written report to the warden not later than 72 hours after
  the search. The report must:
               (1)  explain the reasons for the search; and
               (2)  identify any contraband recovered in the search.
  INMATES. The department shall ensure that pregnant inmates are
  provided sufficient food and dietary supplements, including
  prenatal vitamins, as ordered by an appropriate medical
  (a) The department shall ensure that, for a period of 72 hours
  after the birth of an infant by an inmate:
               (1)  the infant is allowed to remain with the inmate,
  unless a medical professional determines doing so would pose a
  health or safety risk to the inmate or infant; and
               (2)  the inmate has access to any nutritional or
  hygiene-related products necessary to care for the infant,
  including diapers.
         (b)  The department shall make the items described by Section
  (a)(2) available free of charge to an indigent inmate.
  In this section, "feminine hygiene product" means:
               (1)  a regular or large size tampon with applicator;
               (2)  a regular or large size sanitary napkin or
  menstrual pad with wings;
               (3)  a regular size panty liner; or
               (4)  any other similar item sold for the principal
  purpose of feminine hygiene in connection with the menstrual cycle.
         (b)  On request of a female inmate, the department shall
  provide free of charge to the inmate up to 10 feminine hygiene
  products per day that comply with applicable federal standards for
  comfort, effectiveness, and safety.
         Sec. 501.070.  TRAUMA HISTORY SCREENING. The department
               (1)  screen each female inmate during the diagnostic
  process to determine whether the inmate has experienced adverse
  childhood experiences or other significant trauma; and
               (2)  refer the inmate as needed to the appropriate
  medical or mental health care professional for treatment.
         SECTION 6.  Subchapter D, Chapter 501, Government Code, is
  amended by adding Section 501.114 to read as follows:
  INMATES. (a) The department may not place in administrative
  segregation an inmate who is pregnant or who gave birth during the
  preceding 30 days unless the director or director's designee
  determines that the placement is necessary based on a reasonable
  belief that the inmate will harm herself, her unborn child or
  infant, or any other person or will attempt escape.
         (b)  The department may not assign a pregnant inmate to any
  bed that is elevated more than three feet above the floor.
         SECTION 7.  As soon as practicable after the effective date
  of this Act, but not later than December 1, 2019, the Texas
  Department of Criminal Justice shall adopt rules and policies
  necessary to implement this Act.
         SECTION 8.  This Act takes effect September 1, 2019.
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