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A BILL TO BE ENTITLED
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AN ACT
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relating to county jails and community mental health programs in |
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certain counties. |
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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, is amended |
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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; |
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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) 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) adopt reasonable rules and procedures regarding |
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visitation of a prisoner at a county jail by a guardian, as defined |
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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: |
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(A) give prisoners the ability to access a mental |
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health professional at the jail or through a telemental health |
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service 24 hours a day or, if a mental health professional is not at |
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the county jail at the time, then require the jail to use all |
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reasonable efforts to arrange for the inmate to have access to a |
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mental health professional within a reasonable time; |
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(B) give prisoners the ability to access a health |
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professional at the jail or through a telehealth service 24 hours a |
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day or, if a health professional is unavailable at the jail or |
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through a telehealth service, provide for a prisoner to be |
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transported to access a health professional; and |
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(C) if funding is available under Section |
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511.019, install automated electronic sensors or cameras to ensure |
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accurate and timely in-person checks of cells or groups of cells |
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confining at-risk individuals. |
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SECTION 2. Section 511.011, Government Code, is amended to |
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read as follows: |
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Sec. 511.011. REPORT ON NONCOMPLIANCE. (a) If the |
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commission finds that a county jail does not comply with state law, |
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including Chapter 89, Health and Safety Code, or the rules, |
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standards, or procedures of the commission, it shall report the |
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noncompliance to the county commissioners and sheriff of the county |
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responsible for the county jail and shall send a copy of the report |
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to the governor. |
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(b) If a notice of noncompliance is issued to a facility |
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operated by a private entity under Section 351.101 or 361.061, |
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Local Government Code, the compliance status of the facility shall |
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be reviewed at the next meeting of the Commission on Jail Standards. |
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SECTION 3. Section 511.019(d), Government Code, is amended |
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to read as follows: |
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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 capital improvements described |
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by Subsection (c). The commission may only provide a grant to a |
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county for capital improvements to a county jail with a capacity of |
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not more than 288 [96] prisoners. |
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SECTION 4. Section 539.002, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Subsection (c), the [The] |
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department shall require each entity awarded a grant under this |
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section to: |
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(1) leverage additional funding or in-kind |
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contributions from private sources in an amount that is at least |
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equal to the amount of the grant awarded under this section; |
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(2) provide evidence of significant coordination and |
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collaboration between the entity, local mental health authorities, |
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municipalities, local law enforcement agencies, and other |
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community stakeholders in establishing or expanding a community |
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collaborative funded by a grant awarded under this section; and |
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(3) provide evidence of a local law enforcement policy |
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to divert appropriate persons from jails or other detention |
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facilities to an entity affiliated with a community collaborative |
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for the purpose of providing services to those persons. |
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(c) The department may award a grant under this chapter to |
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an entity for the purpose of establishing a community mental health |
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program in a county with a population of less than 250,000, if the |
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entity leverages additional funding from private sources in an |
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amount equal to one-quarter of the amount of the grant to be awarded |
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under this section, and the entity otherwise meets the requirements |
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of Subsections (b)(2) and (3). |
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SECTION 5. Section 1701.310(b), Occupations Code, is |
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amended to read as follows: |
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(b) A county jailer appointed on a temporary basis who does |
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not satisfactorily complete the preparatory training program |
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before the first anniversary of the date that the person is |
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appointed shall be removed from the position. A county jailer |
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appointed on a temporary basis shall be enrolled in the preparatory |
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training program on or before the 90th day after their temporary |
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appointment. A temporary appointment may not be renewed[, except
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that not earlier than the first anniversary of the date that a
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person is removed under this subsection, the sheriff may petition
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the commission for reinstatement of the person to a temporary
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appointment]. |
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SECTION 6. Section 1701.310, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) A county jailer appointed on a temporary basis may not |
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be promoted to a supervisory position in a county jail. |
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SECTION 7. Not later than January 1, 2020, the Commission on |
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Jail Standards shall update rules and procedures as necessary to |
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comply with Section 511.009(a)(23), Government Code, as amended by |
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this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |
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