88R3912 MZM-D
 
  By: Bowers, Allen, Rose, Garcia, Reynolds, H.B. No. 2044
      et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to depression screenings for certain women in county jail
  or in the custody of the Texas Department of Criminal Justice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 501, Government Code, is
  amended by adding Section 501.0655 to read as follows:
         Sec. 501.0655.  DEPRESSION SCREENING FOR PREGNANT INMATE.
  The department shall ensure that each inmate who is pregnant or has
  given birth in the preceding year is screened for depression:
               (1)  once each trimester during the pregnancy; 
               (2)  once during the six-week period after giving
  birth; and
               (3)  at 6 and 12 months after giving birth. 
         SECTION 2.  Section 511.009(a), Government Code, is amended
  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)  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)  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)  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:
                           (i)  medical care, including obstetrical and
  gynecological care;
                           (ii)  [,] mental health care, including a
  requirement that each prisoner who is pregnant or has given birth in
  the preceding year be screened for depression:
                                 (a)  once each trimester during the
  pregnancy;
                                 (b)  once during the six-week period
  after giving birth; and
                                 (c)  at 6 and 12 months after giving
  birth;
                           (iii) nutritional requirements; [,] and
                           (iv) 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)  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)  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)  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)  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)  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)  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.
         SECTION 3.  Not later than December 1, 2023, the Commission
  on Jail Standards shall adopt the rules and procedures required by
  Section 511.009(a), Government Code, as amended by this Act.
         SECTION 4.  This Act takes effect September 1, 2023.