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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of administrative segregation or seclusion in |
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county jails. |
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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 Sections 511.0098 and 511.0151 to read as follows: |
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Sec. 511.0098. STANDARDS REGARDING USE OF ADMINISTRATIVE |
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SEGREGATION OR SECLUSION. (a) The commission shall establish |
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standards regarding the use of administrative segregation or |
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seclusion in a county jail. The standards must require that: |
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(1) before confining a prisoner in administrative |
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segregation or seclusion: |
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(A) the jail evaluate the suitability of using |
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less restrictive means of confinement, including the appropriate |
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type of placement for a prisoner who is younger than 18 years of age |
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or who has mental health issues; |
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(B) a mental health professional evaluate the |
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prisoner; and |
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(C) the sheriff, or the sheriff's designee, and |
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the employee in charge of medical care at the jail review and |
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approve the confinement; and |
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(2) each jail develop, for each prisoner confined in |
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administrative segregation or seclusion for a period that exceeds |
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24 hours, a behavioral improvement plan that clearly states the |
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actions the prisoner must take to be placed in a less restrictive |
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method of confinement. |
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(b) If appropriate, a mental health professional may be |
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consulted in preparing a behavioral improvement plan for a prisoner |
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under Subsection (a)(2). |
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(c) The standards must also require that: |
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(1) a jail not confine a prisoner younger than 18 years |
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of age in administrative segregation or seclusion for a period |
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exceeding four hours unless the confinement is due to an assault or |
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escape, or an attempted assault or escape, by the prisoner; and |
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(2) a prisoner younger than 18 years of age who is |
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confined in administrative segregation or seclusion continuously |
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for 30 minutes or longer complete a therapeutic self-analysis |
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assignment regarding the prisoner's behavior. |
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Sec. 511.0151. REPORT REGARDING ADMINISTRATIVE SEGREGATION |
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AND SECLUSION. (a) The commission shall collect data from each |
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county jail regarding the use of administrative segregation and |
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seclusion in the jails. Not later than February 1 of each year, the |
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commission shall submit a written report containing the information |
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described by Subsection (b) to: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; and |
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(4) each standing committee of the senate and house of |
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representatives having primary jurisdiction over the commission. |
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(b) The report must include the following information for |
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the preceding fiscal year: |
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(1) the number of prisoners confined in administrative |
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segregation or seclusion at any time during the fiscal year; and |
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(2) for prisoners confined in administrative |
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segregation or seclusion at any time during the fiscal year: |
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(A) for each prisoner: |
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(i) the cumulative total length of time the |
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prisoner was confined in administrative segregation or seclusion; |
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and |
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(ii) the reasons for which the prisoner was |
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confined in administrative segregation or seclusion; |
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(B) a summary of the demographics of the |
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prisoners, including the age, race, and sex of the prisoners; |
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(C) a summary of any mental illnesses the |
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prisoners were diagnosed as having and any psychotropic drugs |
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prescribed for those illnesses; and |
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(D) the number of suicides, attempted suicides, |
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or other incidents of self-inflicted harm by a prisoner. |
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(c) The commission shall make the report submitted under |
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this section available to the public on the commission's Internet |
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website. |
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SECTION 2. (a) Not later than October 1, 2013, the |
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Commission on Jail Standards shall establish standards regarding |
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the use of administrative segregation or seclusion required by |
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Section 511.0098, Government Code, as added by this Act. |
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(b) Not later than February 1, 2015, the Commission on Jail |
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Standards shall submit the first report required by Section |
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511.0151, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |