BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3654

                                                                                                                  By: Marquez et al. (Davis)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/21/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, the Texas Commission on Jail Standards (TCJS) does not establish certain health care standards affecting pregnant inmates.  TCJS is also not required to report the number of pregnant inmates detained at any time in Texas jails.

 

This bill requires TCJS to establish specific minimum standards relating to the health and housing of persons who are pregnant and confined to a county jail.  The bill also requires each county to include in its monthly report to TCJS information on the number of prisoners who are known to be pregnant.

 

H.B. 3654 amends current law relating to certain duties of and reports submitted to TCJS regarding county jail inmates who are pregnant.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Texas Commission on Jail Standards is modified in SECTION 1 (Section 511.009, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 511.009(a), Government Code, to require the Texas Commission on Jail Standards (TCJS) to adopt reasonable rules and procedures establishing minimum requirements for county jails to determine if a prisoner is pregnant, and ensure that the jail's health services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are confined in the jail and are known or determined to be pregnant.

 

SECTION 2.  Amends Section 511.0101(a), Government Code, to require each county to submit to TCJS on or before the fifth day of each month a report containing certain information, including prisoners who are known to be pregnant.  Makes nonsubstantive changes.

 

SECTION 3.  Requires TCJS to establish the specific standards as required by Section 511.009(a), Government Code, as amended by this Act, not later than January 1, 2010.

 

SECTION 4.  Requires a county to submit the first report required by Section 511.0101, Government Code, as amended by this Act, not later than October 5, 2009.

 

SECTION 5.  Effective date: September 1, 2009.