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A BILL TO BE ENTITLED
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AN ACT
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relating to standards for the out-of-state confinement of county |
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prisoners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 511, Government Code, is amended by |
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adding Section 511.00935 to read as follows: |
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Sec. 511.00935. STANDARDS FOR OUT-OF-STATE CONFINEMENT OF |
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COUNTY PRISONERS. (a) This section applies only to a contract |
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between a county and another state, a jurisdiction in another |
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state, or a private vendor for the confinement of county prisoners |
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in a correctional facility located in another state. |
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(b) A contract to which this section applies must provide |
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that: |
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(1) each out-of-state correctional facility in which |
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county prisoners are to be housed meets minimum standards |
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established by the commission; |
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(2) all operational requirements of the receiving |
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entity meet or exceed minimum standards established by the |
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commission; |
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(3) each county prisoner confined under the contract |
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be released within the sending county; |
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(4) county prisoners with a record of institutional |
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violence involving the use of a deadly weapon or a pattern of |
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violence while confined in this state or a record of escape or |
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attempted escape from secure custody are not eligible for transfer |
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unless a specific waiver has been granted by the commission; |
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(5) county prisoners for whom information is obtained |
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under Section 614.017, Health and Safety Code, identifying the |
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prisoners as an exact or probable match in response to a database |
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search query conducted for purposes of establishing continuity of |
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care and services, as defined by Section 614.001 of that code, are |
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provided the appropriate care, unless a specific waiver has been |
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granted by the commission; |
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(6) the sending entity shall: |
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(A) review for compliance with the commission's |
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classification standards and submit to the commission for approval: |
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(i) all records concerning the prisoner's |
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classification, including records relating to the prisoner's |
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conduct while confined in this state; and |
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(ii) appropriate medical information |
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concerning the prisoner, including certification of tuberculosis |
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screening or treatment; |
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(B) determine the county prisoner's custody |
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level in accordance with commission rules to ensure that custody |
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level assignments for the facility as a whole are compatible with |
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the construction security level availability in the facility; |
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(C) conduct inspections of receiving facilities |
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in accordance with commission inspection standards not less than |
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every six months and provide the commission a copy of the inspection |
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report; |
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(D) provide to the commission information on the |
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receiving entity's procedures for responding to a riot, rebellion, |
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escape, medical emergency, or other situation requiring assistance |
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from local or state law enforcement agencies or health care |
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providers; and |
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(E) promptly notify the commission of any major |
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incidents, including escapes, injuries, or deaths, involving a |
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transferred prisoner at the facility; |
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(7) the receiving entity shall notify the sending |
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entity of any major incidents, including escapes, injuries, or |
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deaths, involving a transferred prisoner at the facility not later |
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than 24 hours after they occur; and |
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(8) the sending county is entitled to terminate the |
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contract at will, including if directed to do so by the commission, |
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by providing the receiving entity with 90 days' notice of the |
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county's intent to terminate the contract. |
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(c) Before entering into a contract described by Subsection |
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(a), a county shall submit a copy of the contract to the commission |
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for review and approval. A contract described by Subsection (a) |
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that is not approved by the commission is void. |
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(d) A county housing county prisoners in another state under |
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a contract described by Subsection (a) shall: |
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(1) investigate any death, escape, or serious incident |
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involving the prisoners reported to the county under Subsection |
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(b)(7); and |
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(2) promptly report to the commission, in the manner |
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prescribed by the commission, the death, escape, or serious |
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incident and the results of the county's investigation of the |
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death, escape, or serious incident. |
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(e) The commission by rule may adopt additional standards or |
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procedures relating to contracts to which this section applies. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Commission on Jail Standards shall adopt rules as |
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necessary to implement Section 511.00935, Government Code, as added |
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by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |