H.B. No. 3654
 
 
 
 
AN ACT
  relating to certain duties of and reports submitted to the
  Commission on Jail Standards regarding county jail inmates who are
  pregnant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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)  revise, amend, or change 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)  require that the chief jailer of each municipal
  lockup submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 17 years of age
  securely detained in the lockup, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in municipal lockups;
               (13)  at least annually determine whether each county
  jail is in compliance with the rules and procedures adopted under
  this chapter;
               (14)  require that the sheriff and commissioners court
  of each county submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 17 years of age
  securely detained in the county jail, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in county jails; [and]
               (15)  schedule announced and unannounced inspections
  of jails under its jurisdiction based on the jail's history of
  compliance with commission standards and other high-risk factors
  identified by the commission; and
               (16)  adopt reasonable rules and procedures
  establishing minimum requirements for county jails to:
                     (A)  determine if a prisoner is pregnant; and
                     (B)  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.  Section 511.0101(a), Government Code, is amended
  to read as follows:
         (a)  Each county shall submit to the commission on or before
  the fifth day of each month a report containing the following
  information:
               (1)  the number of prisoners confined in the county
  jail on the first day of the month, classified on the basis of the
  following categories:
                     (A)  total prisoners;
                     (B)  pretrial Class C misdemeanor offenders;
                     (C)  pretrial Class A and B misdemeanor offenders;
                     (D)  convicted misdemeanor offenders;
                     (E)  felony offenders whose penalty has been
  reduced to a misdemeanor;
                     (F)  pretrial felony offenders;
                     (G)  convicted felony offenders;
                     (H)  prisoners detained on bench warrants;
                     (I)  prisoners detained for parole violations;
                     (J)  prisoners detained for federal officers;
                     (K)  prisoners awaiting transfer to the
  institutional division of the Texas Department of Criminal Justice
  following conviction of a felony or revocation of probation,
  parole, or release on mandatory supervision and for whom paperwork
  and processing required for transfer have been completed;
                     (L)  prisoners detained after having been
  transferred from another jail and for whom the commission has made a
  payment under Subchapter F, Chapter 499, Government Code; [and]
                     (M)  prisoners who are known to be pregnant; and
                     (N)  other prisoners;
               (2)  the total capacity of the county jail on the first
  day of the month; and
               (3)  certification by the reporting official that the
  information in the report is accurate.
         SECTION 3.  The Commission on Jail Standards shall 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.  A county shall submit the first report required
  by Section 511.0101, Government Code, as amended by this Act, not
  later than October 5, 2009.
         SECTION 5.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3654 was passed by the House on April
  28, 2009, by the following vote:  Yeas 148, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3654 was passed by the Senate on May
  25, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor