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A BILL TO BE ENTITLED
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AN ACT
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relating to a study by the Texas Department of Criminal Justice |
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concerning the transparency, oversight, and accountability of the |
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use of the restrictive housing, security threat groups, and certain |
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disciplinary measures |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. TITLE. This bill shall be known as the |
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Restrictive Housing / Solitary Confinement Standards and Reporting |
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Act. |
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SECTION 2. PURPOSE. The purpose of this bill is to enhance |
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transparency, oversight, and accountability regarding the use of |
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solitary confinement, also known as restrictive housing, STG, G4, |
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G5, ALU, and Death Row in TDCJ correctional facilities. The goal is |
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to track progress in improving standards for the treatment of |
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individuals in all forms of restrictive housing/solitary |
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confinement to ensure that correctional institutions uphold the |
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mental, physical, and rehabilitative well-being of those |
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incarcerated. |
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SECTION 3. DEFINITIONS. For the purposes of this Act: |
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(a) Restrictive Housing includes all forms of solitary |
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confinement in TDCJ (G4, G5, STG, ALU, and Death Row). It refers to |
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the practice of placing an inmate in a physically isolated cell or |
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unit, with limited or no social interaction, with restrictions on |
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the amount of time outside the cell, and access to rehabilitative |
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programs or services. |
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(b) Restricted Housing refers to a similar form of |
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confinement as above, involving isolation with limited privileges, |
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often used for inmates who pose a risk to safety or security. |
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(c) Rehabilitative Programs refer to activities or services |
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aimed at improving the behavioral, psychological, educational, and |
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vocational outcomes for individuals incarcerated in solitary |
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confinement. |
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(d) Mental Health Diagnoses include any recognized |
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condition affecting the mental or emotional health of an |
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individual, such as anxiety disorders, depression, and |
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schizophrenia, among others. |
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(e) Medical or Psychiatric Emergencies refers to situations |
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where an individual in solitary confinement experiences severe |
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mental or physical distress that requires immediate medical or |
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psychiatric attention. |
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SECTION 4. DATA COLLECTION AND REPORTING REQUIREMENTS. The |
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Department of Corrections and Rehabilitation shall collect |
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comprehensive data to monitor and evaluate the use of solitary |
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confinement, also known as restricted housing. This data will be |
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used to track progress toward improving the conditions, standards, |
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and overall impact of solitary confinement placements. An annual |
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report shall be submitted to the Legislature containing data |
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including personal information, reasons for placement, program |
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access, staffing ratios, duration, facility utilization, mental |
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health impacts, and appeal outcomes. |
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SECTION 5. COMPLIANCE AND ENFORCEMENT. The Department |
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shall ensure the accuracy and timeliness of the data collected |
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under this Act. Non-compliance will result in corrective actions |
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and potential independent audits. Any individual found to have |
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been wrongfully placed in solitary confinement or subjected to |
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prolonged confinement without just cause shall have legal recourse. |
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SECTION 6. IMPLEMENTATION. The Department of Corrections |
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and Rehabilitation shall begin implementing the provisions of this |
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Act within six months of the date of its enactment. Necessary |
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adjustments to data collection systems, staff training, and |
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reporting protocols shall be completed in a timely manner. |
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SECTION 8. This Act shall take effect on September 5, 2025, |
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or as soon as possible thereafter. |