By: Hall, et al.  S.B. No. 710
         (In the Senate - Filed March 5, 2021; March 11, 2021, read
  first time and referred to Committee on Criminal Justice;
  April 15, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 0; April 15, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 710 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the continuation and functions of the Commission on
  Jail Standards.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 511.003, Government Code, is amended to
  read as follows:
         Sec. 511.003.  SUNSET PROVISION. The Commission on Jail
  Standards is subject to Chapter 325 (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the commission
  is abolished [and this chapter expires] September 1, 2033 [2021].
         SECTION 2.  Sections 511.004(h), (i), and (j), Government
  Code, are redesignated as Section 511.00405, Government Code, and
  amended to read as follows:
         Sec. 511.00405.  TRAINING.  (a) [(h)] A person who is
  appointed to and qualifies for office as a member of the commission
  may not vote, deliberate, or be counted as a member in attendance at
  a meeting of the commission until the person completes a training
  program that complies with this section [Subsection (i)].
         (b) [(i)]  The training program [required by Subsection (h)]
  must provide the person with information [to the person] regarding:
               (1)  the law governing commission operations [this
  chapter];
               (2)  the programs, functions, rules, and budget of the
  commission;
               (3)  the scope of and limitations on the rulemaking
  authority of the commission;
               (4)  the results of the most recent formal audit of the
  commission;
               (5) [(4)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of a state
  policy-making body in performing their duties; and
               (6) [(5)]  any applicable ethics policies adopted by
  the commission or the Texas Ethics Commission.
         (c) [(j)]  A person appointed to the commission is entitled
  to reimbursement, as provided by the General Appropriations Act,
  for the travel expenses incurred in attending the training program
  [required by Subsection (h)] regardless of whether attendance at
  the program occurs before or after the person qualifies for office.
         (d)  The executive director of the commission shall create a
  training manual that includes the information required by
  Subsection (b). The executive director shall distribute a copy of
  the training manual annually to each member of the commission. Each
  member of the commission shall sign and submit to the executive
  director a statement acknowledging that the member received and has
  reviewed the training manual.
         SECTION 3.  Section 511.0071, Government Code, is amended by
  amending Subsections (a) and (a-1) and adding Subsections (g) and
  (h) to read as follows:
         (a)  The commission shall prepare information of public
  interest describing the functions of the commission [and the
  commission's procedures by which complaints regarding the
  commission and complaints regarding jails under the commission's
  jurisdiction are filed with and resolved by the commission]. The
  commission shall make the information available:
               (1)  to the public, inmates, county officials, and
  appropriate state agencies; and
               (2)  on any publicly accessible Internet website
  maintained by the commission.
         (a-1)  The commission shall adopt rules and procedures
  regarding the receipt, investigation, resolution, and disclosure
  to the public of complaints regarding the commission and complaints
  regarding jails under the commission's jurisdiction that are filed
  with the commission. The commission shall:
               (1)  prescribe a form or forms on which written
  complaints regarding the commission and complaints regarding jails
  under the commission's jurisdiction may be filed with the
  commission;
               (2)  keep an information file in accordance with
  Section 511.0072 [Subsection (f)] regarding each complaint filed
  with the commission regarding the commission or a jail under the
  commission's jurisdiction;
               (3)  develop procedures for prioritizing complaints
  filed with the commission and a reasonable time frame for
  responding to those complaints and appeals of those complaints;
               (4)  [maintain a system for promptly and efficiently
  acting on complaints filed with the commission;
               [(5)]  develop a procedure for tracking and analyzing
  all complaints filed with the commission, according to criteria
  that must include:
                     (A)  the reason for or origin of complaints;
                     (B)  the average number of days that elapse
  between the date on which complaints are filed, the date on which
  the commission first investigates or otherwise responds to
  complaints, and the date on which complaints are resolved;
                     (C)  the outcome of investigations or the
  resolution of complaints, including dismissals and commission
  actions resulting from complaints;
                     (D)  the number of pending complaints at the close
  of each fiscal year; [and]
                     (E)  a list of complaint topics that the
  commission does not have jurisdiction to investigate or resolve;
  [and]
                     (F)  the detailed categorization of each
  violation alleged in a complaint;
                     (G)  the comprehensive documentation of each
  violation alleged in a complaint; and
                     (H)  for a complaint for which the commission took
  no action, the documentation of the reason the complaint was closed
  without action;
               (5)  regularly analyze complaints to identify trends,
  including trends with respect to jails with a higher than average
  number of complaints, to determine jails requiring additional
  inspections; and
               (6)  regularly prepare and distribute to members of the
  commission and make available to the public a report containing a
  summary of the information compiled under Subdivisions (4) and
  [Subdivision] (5).
         (g)  The commission shall adopt rules requiring jail
  administrators to include in any inmate handbook and prominently
  display throughout the jail information regarding the procedure for
  complaint investigation and resolution.
         (h)  The commission shall ensure that a jail complies with
  Subsection (g) during any inspection of the jail.
         SECTION 4.  Chapter 511, Government Code, is amended by
  adding Section 511.0072 to read as follows:
         Sec. 511.0072.  COMPLAINT INFORMATION. (a) The commission
  shall maintain a system to promptly and efficiently act on
  complaints filed with the commission. The commission shall
  maintain information about parties to the complaint, the subject
  matter of the complaint, a summary of the results of the review or
  investigation of the complaint, and its disposition.
         (b)  The commission shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  The commission shall periodically notify the complaint
  parties of the status of the complaint until final disposition
  unless the notice would jeopardize an investigation.
         SECTION 5.  Chapter 511, Government Code, is amended by
  adding Section 511.0081 to read as follows:
         Sec. 511.0081.  ADVISORY COMMITTEES.  (a)  The commission by
  rule may establish advisory committees to make recommendations to
  the commission on programs, rules, and policies administered by the
  commission.
         (b)  In establishing an advisory committee under this
  section, the commission shall adopt rules, including rules
  regarding:
               (1)  the purpose, role, responsibility, goals, and
  duration of the committee;
               (2)  the size of and quorum requirement for the
  committee;
               (3)  qualifications for committee membership;
               (4)  appointment procedures for members;
               (5)  terms of service for members;
               (6)  training requirements for members;
               (7)  policies to avoid conflicts of interest by
  members;
               (8)  a periodic review process to evaluate the
  continuing need for the committee; and
               (9)  policies to ensure the committee does not violate
  any provision of Chapter 551 applicable to the commission or the
  committee.
         SECTION 6.  Section 511.0085, Government Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  The set of risk factors developed under this section may
  include the number of months since the commission's last inspection
  of the jail.
         (c)  The commission shall use the set of risk factors
  developed under this section [Subsection (a)] to guide the
  inspections process for all jails under the commission's
  jurisdiction by:
               (1)  establishing a risk assessment plan to use in
  assessing the overall risk level of each jail; and
               (2)  regularly monitoring the overall risk level of
  each jail.
         SECTION 7.  Chapter 511, Government Code, is amended by
  adding Section 511.0086 to read as follows:
         Sec. 511.0086.  RISK-BASED INSPECTIONS. (a) The commission
  shall adopt a policy prioritizing the inspection of jails under the
  commission's jurisdiction based on the relative risk level of a
  jail. The policy must require the commission to use the risk
  assessment plan established under Section 511.0085 to:
               (1)  schedule announced and unannounced inspections of
  jails under the commission's jurisdiction; and
               (2)  determine how frequently and intensively the
  commission conducts risk-based inspections.
         (b)  The policy may provide for the commission to use
  alternative inspection methods for jails determined to be low-risk,
  including using abbreviated inspection procedures or other methods
  instead of conducting an in-person inspection.
         SECTION 8.  Section 511.009, Government Code, is amended by
  amending Subsections (a), (a-1), and (a-2) and adding Subsection
  (f) 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)  regularly review the commission's rules and
  procedures and revise, amend, or change the 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;
               (13) [(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;
               (14) [(18)]  adopt reasonable rules and procedures
  establishing minimum requirements for a county jail to:
                     (A)  determine if a prisoner is pregnant;
                     (B)  ensure that the jail's health services plan
  addresses medical care, including obstetrical and gynecological
  care, mental health care, nutritional requirements, and any special
  housing or work assignment needs for prisoners who are known or
  determined to be pregnant; and
                     (C)  identify when a pregnant prisoner is in labor
  and provide appropriate care to the prisoner, including promptly
  transporting the prisoner to a local hospital;
               (15) [(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;
               (16) [(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;
               (17) [(21)]  require the sheriff of each county to:
                     (A)  investigate and verify the veteran status of
  each prisoner by using data made available from the Veterans
  Reentry Search Service (VRSS) operated by the United States
  Department of Veterans Affairs or a similar service; and
                     (B)  use the data described by Paragraph (A) to
  assist prisoners who are veterans in applying for federal benefits
  or compensation for which the prisoners may be eligible under a
  program administered by the United States Department of Veterans
  Affairs;
               (18) [(22)]  adopt reasonable rules and procedures
  regarding visitation of a prisoner at a county jail by a guardian,
  as defined by Section 1002.012, Estates Code, that:
                     (A)  allow visitation by a guardian to the same
  extent as the prisoner's next of kin, including placing the
  guardian on the prisoner's approved visitors list on the guardian's
  request and providing the guardian access to the prisoner during a
  facility's standard visitation hours if the prisoner is otherwise
  eligible to receive visitors; and
                     (B)  require the guardian to provide the sheriff
  with letters of guardianship issued as provided by Section
  1106.001, Estates Code, before being allowed to visit the prisoner;
               (19) [(23)]  adopt reasonable rules and procedures to
  ensure the safety of prisoners, including rules and procedures that
  require a county jail to:
                     (A)  give prisoners the ability to access a mental
  health professional at the jail or through a telemental health
  service 24 hours a day or, if a mental health professional is not at
  the county jail at the time, then require the jail to use all
  reasonable efforts to arrange for the inmate to have access to a
  mental health professional within a reasonable time;
                     (B)  give prisoners the ability to access a health
  professional at the jail or through a telehealth service 24 hours a
  day or, if a health professional is unavailable at the jail or
  through a telehealth service, provide for a prisoner to be
  transported to access a health professional; and
                     (C)  if funding is available under Section
  511.019, install automated electronic sensors or cameras to ensure
  accurate and timely in-person checks of cells or groups of cells
  confining at-risk individuals; and
               (20) [(24)]  adopt reasonable rules and procedures
  establishing minimum standards for the quantity and quality of
  feminine hygiene products, including tampons in regular and large
  sizes and menstrual pads with wings in regular and large sizes,
  provided to a female prisoner.
         (a-1)  A county jail that as of September 1, 2015, has
  incurred significant design, engineering, or construction costs to
  provide prisoner visitation that does not comply with a rule or
  procedure adopted under Subsection (a)(16) [(a)(20)], or does not
  have the physical plant capability to provide the in-person
  prisoner visitation required by a rule or procedure adopted under
  Subsection (a)(16) [(a)(20)], is not required to comply with any
  commission rule or procedure adopted under Subsection (a)(16)
  [(a)(20)].
         (a-2)  A commission rule or procedure adopted under
  Subsection (a)(16) [(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.
         (f)  The commission's compliance with the requirements of
  this section, particularly the requirements regarding the adoption
  of rules and procedures, is not contingent on the enactment and
  becoming law of any additional legislation.
         SECTION 9.  Chapter 511, Government Code, is amended by
  adding Sections 511.00901, 511.00902, and 511.00903 to read as
  follows:
         Sec. 511.00901.  DUTY REGARDING MINIMUM STANDARDS. (a) The
  commission shall ensure that the minimum standards established
  under Section 511.009 take into consideration the needs and risks
  of the different types and sizes of jails under the commission's
  jurisdiction.
         (b)  The commission shall, on an ongoing basis, review the
  minimum standards to identify any standards that do not account for
  the needs and risks of the different types and sizes of jails. In
  conducting the review, the commission shall solicit feedback from a
  diverse collection of jails, including those of different types and
  sizes.
         (c)  The commission shall revise any standards identified
  under Subsection (b) as the commission considers necessary. In
  revising a standard, the commission shall consider:
               (1)  establishing tiered or separate standards
  depending on the size, resources, or type of jail;
               (2)  clarifying or amending existing standards; and
               (3)  publishing guidance on the commission's rule
  interpretations.
         (d)  The commission may not lower any standard in effect on
  September 1, 2021, as a result of a review conducted under this
  section.
         Sec. 511.00902.  REINSPECTION. The commission shall adopt
  rules and procedures for reinspecting a jail following a
  determination by the commission that the jail is not in compliance
  with minimum standards. The rules and procedures must require the
  commission to:
               (1)  reinspect all jails not in compliance;
               (2)  establish a percentage of reinspections for which
  the commission shall assess the jail's compliance with all minimum
  standards, regardless of whether the jail was in compliance with a
  particular standard during the previous inspection; and
               (3)  randomly select the jails subject to a
  reinspection described by Subdivision (2).
         Sec. 511.00903.  INSPECTION TREND ANALYSIS. The commission
  shall regularly analyze data collected during inspections or
  reported to the commission under this chapter to identify trends in
  noncompliance, inspection outcomes, serious incidents, and any
  other related area of jail operations.
         SECTION 10.  Chapter 511, Government Code, is amended by
  adding Section 511.0145 to read as follows:
         Sec. 511.0145.  ENFORCEMENT ACTIONS. (a) The commission
  shall adopt rules establishing a system of graduated, escalating
  enforcement actions the commission is authorized under this chapter
  to take against jails under the commission's jurisdiction that:
               (1)  have not made timely progress correcting
  noncompliance issues; or
               (2)  have failed multiple inspections within a certain
  number of years as determined by the commission.
         (b)  The rules must establish time frames for the commission
  to take certain graduated, escalating enforcement actions against
  jails.
         (c)  The commission shall develop a schedule of actions to
  guide the enforcement actions the commission may take under rules
  adopted under Subsection (a).  The commission shall make the
  schedule available on any publicly accessible Internet website
  maintained by the commission.  The schedule must:
               (1)  recommend the appropriate enforcement action
  based on the severity of the noncompliance; and
               (2)  include consideration of any:
                     (A)  aggravating factors, including repeat
  violations and failing consecutive inspections; and
                     (B)  mitigating factors.
         SECTION 11.  Section 511.019(c), Government Code, is amended
  to read as follows:
         (c)  Money in the fund may be appropriated only to the
  commission to pay for capital improvements that are required under
  Section 511.009(a)(19) [511.009(a)(23)].
         SECTION 12.  Section 511.021, Government Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (c) to read
  as follows:
         (a)  On the death of a prisoner in a county jail, the
  commission shall appoint a law enforcement agency, other than the
  local law enforcement agency that operates the county jail, to
  investigate the death as soon as possible.  Except as otherwise
  provided by Subsection (b), the appointed law enforcement agency
  shall conduct the investigation.
         (b)  A law enforcement agency appointed by the commission
  under Subsection (a) may present evidence to the commission that
  investigating the death would create a conflict of interest that
  cannot be mitigated by the law enforcement agency. If the
  commission determines that the conflict of interest cannot be
  mitigated, the commission shall appoint another law enforcement
  agency under Subsection (a) to investigate the death.
         (c)  The commission shall adopt any rules necessary relating
  to the appointment of a law enforcement agency under Subsection
  (a), including rules relating to cooperation between law
  enforcement agencies and to procedures for handling evidence.
         SECTION 13.  Sections 511.0071(e) and (f), Government Code,
  are repealed.
         SECTION 14.  Not later than March 1, 2022, the Commission on
  Jail Standards shall develop the rules required by Section
  511.0071(g), Government Code, as added by this Act. Not later than
  April 1, 2022, each jail under the jurisdiction of the Commission on
  Jail Standards shall post the information and update the inmate
  handbooks as necessary to comply with the commission's rules
  adopted under that section.
         SECTION 15.  (a) Except as provided by Subsection (b) of this
  section, Section 511.00405, Government Code, as redesignated and
  amended by this Act, applies to a member of the Commission on Jail
  Standards appointed before, on, or after the effective date of this
  Act.
         (b)  A member of the Commission on Jail Standards who, before
  the effective date of this Act, completed the training program
  required by Section 511.004, Government Code, as that law existed
  before the effective date of this Act, is only required to complete
  additional training on the subjects added by this Act to the
  training program required by Section 511.00405, Government Code, as
  redesignated and amended by this Act.  A member described by this
  subsection may not vote, deliberate, or be counted as a member in
  attendance at a meeting of the commission held on or after December
  1, 2021, until the member completes the additional training.
         SECTION 16.  This Act takes effect September 1, 2021.
 
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