83R8756 MAW-D
 
  By: Davis S.B. No. 1357
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of administrative segregation or seclusion in
  county jails.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 511, Government Code, is amended by
  adding Sections 511.0098 and 511.0151 to read as follows:
         Sec. 511.0098.  STANDARDS REGARDING USE OF ADMINISTRATIVE
  SEGREGATION OR SECLUSION. (a) The commission shall establish
  standards regarding the use of administrative segregation or
  seclusion in a county jail.  The standards must require that:
               (1)  before confining a prisoner in administrative
  segregation or seclusion:
                     (A)  the jail evaluate the suitability of using
  less restrictive means of confinement, including the appropriate
  type of placement for a prisoner who is younger than 18 years of age
  or who has mental health issues;
                     (B)  a mental health professional evaluate the
  prisoner; and
                     (C)  the sheriff, or the sheriff's designee, and
  the employee in charge of medical care at the jail review and
  approve the confinement; and
               (2)  each jail develop, for each prisoner confined in
  administrative segregation or seclusion for a period that exceeds
  24 hours, a behavioral improvement plan that clearly states the
  actions the prisoner must take to be placed in a less restrictive
  method of confinement.
         (b)  If appropriate, a mental health professional may be
  consulted in preparing a behavioral improvement plan for a prisoner
  under Subsection (a)(2).
         (c)  The standards must also require that:
               (1)  a jail not confine a prisoner younger than 18 years
  of age in administrative segregation or seclusion for a period
  exceeding four hours unless the confinement is due to an assault or
  escape, or an attempted assault or escape, by the prisoner; and
               (2)  a prisoner younger than 18 years of age who is
  confined in administrative segregation or seclusion continuously
  for 30 minutes or longer complete a therapeutic self-analysis
  assignment regarding the prisoner's behavior.
         Sec. 511.0151.  REPORT REGARDING ADMINISTRATIVE SEGREGATION
  AND SECLUSION. (a) The commission shall collect data from each
  county jail regarding the use of administrative segregation and
  seclusion in the jails. Not later than February 1 of each year, the
  commission shall submit a written report containing the information
  described by Subsection (b) to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives; and
               (4)  each standing committee of the senate and house of
  representatives having primary jurisdiction over the commission.
         (b)  The report must include the following information for
  the preceding fiscal year:
               (1)  the number of prisoners confined in administrative
  segregation or seclusion at any time during the fiscal year; and
               (2)  for prisoners confined in administrative
  segregation or seclusion at any time during the fiscal year:
                     (A)  for each prisoner:
                           (i)  the cumulative total length of time the
  prisoner was confined in administrative segregation or seclusion;
  and
                           (ii)  the reasons for which the prisoner was
  confined in administrative segregation or seclusion;
                     (B)  a summary of the demographics of the
  prisoners, including the age, race, and sex of the prisoners;
                     (C)  a summary of any mental illnesses the
  prisoners were diagnosed as having and any psychotropic drugs
  prescribed for those illnesses; and
                     (D)  the number of suicides, attempted suicides,
  or other incidents of self-inflicted harm by a prisoner.
         (c)  The commission shall make the report submitted under
  this section available to the public on the commission's Internet
  website.
         SECTION 2.  (a)  Not later than October 1, 2013, the
  Commission on Jail Standards shall establish standards regarding
  the use of administrative segregation or seclusion required by
  Section 511.0098, Government Code, as added by this Act.
         (b)  Not later than February 1, 2015, the Commission on Jail
  Standards shall submit the first report required by Section
  511.0151, Government Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2013.