BILL ANALYSIS

C.S.H.B. 2708

By: Swanson

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Inmate advocacy organizations have raised concerns that correctional facilities may halt in‑person visitation and choose to allow virtual inmate-family meetings only. In the interest of promoting family continuity, behavioral development, and the rehabilitation of an inmate in preparation for their return to society and family life, the state should ensure in-person visits are allowed for those inmates who are eligible. Currently, the Texas Department of Criminal Justice (TDCJ) has a policy of providing both in-person visits between eligible inmates and their families or video-only visitations, but the policy does not keep TDCJ from halting in-person visits given that an inmate may still be provided video-only visitations. Relying solely on TDCJ policy to ensure in-person visitation rights potentially causes a loss of family contact and personal interaction. C.S.H.B. 2708 seeks to address this issue by requiring applicable TDCJ policies to allow in-person visitation for eligible inmates and defendants while also allowing a temporary suspension of in-person visitation in the event of a health or safety emergency.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2708 amends the Government Code to require the visitation policies of the institutional division and state jail division of the Texas Department of Criminal Justice to allow in-person visitation for eligible inmates or defendants, as applicable, regardless of the implementation of video visitation or visitation by other electronic means. However, the bill authorizes the policies to allow the temporary suspension of in-person visitation for a health or safety emergency.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2708 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced authorized the visitation policies to allow the temporary suspension of in-person visitation for a health and safety emergency, the substitute revises this authorization to allow the temporary suspension of in-person visitation for either a health emergency or a safety emergency.