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A BILL TO BE ENTITLED
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AN ACT
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relating to the reform of solitary confinement practices and the |
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treatment of prisoners affiliated with security threat groups in |
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the Texas Department of Criminal Justice (TDCJ). |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. PURPOSE AND FINDINGS. The Texas Legislature |
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finds that: |
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(1) The use of indefinite solitary confinement, |
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particularly for individuals classified as members of Security |
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Threat Groups (STGs), has been shown to have detrimental effects on |
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mental health and rehabilitation. |
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(2) The use of solitary confinement as a tool for |
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classification, rather than based on actual behavior or |
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disciplinary actions, is ineffective and counterproductive. |
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(3) It is essential to promote rehabilitation, |
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reintegration, and due process for all incarcerated individuals, |
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ensuring the protection of their constitutional rights while |
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maintaining public safety. |
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(4) Reforming the practices surrounding solitary |
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confinement, the classification system, and parole review |
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processes will better align with constitutional standards and |
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foster the rehabilitation of individuals incarcerated in Texas |
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prisons. |
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SECTION 2. AMENDMENT OF SOLITARY CONFINEMENT PRACTICES. |
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(a) Abolition of Indefinite Solitary Confinement for STG Members. |
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Effective September 5th, 2026, the Texas Department of Criminal |
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Justice (TDCJ) shall no longer use indefinite solitary confinement |
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(Restricted Housing, RH) for individuals solely based on their |
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classification as confirmed or alleged members of a Security Threat |
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Group (STG). |
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(b) Behavioral-Based RH Assignment. Effective September |
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5th, 2026, the Texas Department of Criminal Justice (TDCJ) shall no |
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longer use indefinite solitary confinement (Restricted Housing, |
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RH) for individuals solely based on their classification as |
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confirmed or alleged members of a Security Threat Group (STG). |
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(c) Criteria for Release from RH. Upon assignment to RH, |
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the individual shall be informed of clear and firm criteria for |
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release. If the individual meets the established criteria, they |
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shall be released back to the general population. TDCJ officials |
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shall be required to consider all relevant factors and behavior |
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when determining release from RH. Failure to do so will subject |
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officials to sanctions, including potential administrative |
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actions. |
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(d) Step-Down Program for STG Affiliates. Confirmed STG |
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affiliates who are found guilty of RH-eligible offenses will be |
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placed in a two-year step-down program designed for their gradual |
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return to general population after serving their RH term. Only |
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major offenses involving violent conduct, including serious bodily |
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injury or dangerous contraband, may result in an additional term of |
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up to two or five years. |
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(e) Creation of Restricted Custody General Population |
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(RCGP). TDCJ is directed to establish a new custody level known as |
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the Restricted Custody General Population (RCGP), which shall serve |
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as a secure alternative to solitary confinement for individuals |
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who: |
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(1) Are confirmed STG members but refuse to |
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participate in the step-down program. |
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(2) Have engaged in repeated misconduct in RH that |
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does not raise to the level of an RH eligible offense. RCGP shall |
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include provisions allowing prisoners to: |
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(A) Move around the facility without restraints. |
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(B) Participate in group recreation and contact |
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visits with family members. |
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(C) Engage in rehabilitative programs, including |
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educational and vocational training. |
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(f) Release of Long-Term RH Inmates. Any individual in RH |
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for any reason (&TG or non-&TG) who has been in RH for more than five |
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years as of January 10, 2026, and who has not committed a major |
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RH-eligible disciplinary infraction within the past two years, |
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shall be immediately released to the general population. No |
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individual shall be kept in RH or solitary confinement for more than |
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10 years. |
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SECTION 3. This Act takes effect September 1, 2025. |