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AN ACT
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relating to the confinement of pregnant prisoners in 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 Section 511.0103 to read as follows: |
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Sec. 511.0103. NOTIFICATION REGARDING POLICY CHANGE. In |
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the manner prescribed by the commission, a county jail shall notify |
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the commission of any change in the jail's policies and procedures |
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related to: |
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(1) the provision of health care to pregnant |
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prisoners; and |
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(2) the placement of a pregnant prisoner in solitary |
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confinement or administrative segregation. |
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SECTION 2. (a) In this section, "commission" means the |
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Commission on Jail Standards. |
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(b) Not later than September 1, 2016, each sheriff shall |
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report to the commission regarding the implementation in the county |
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jails in the sheriff's county of policies and procedures to provide |
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adequate care to pregnant prisoners confined in the jail. A report |
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to the commission must be on a form prescribed by the commission and |
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include the following: |
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(1) a description of the sheriff's actions to comply |
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with the rules and procedures adopted under Section 511.009(a)(18), |
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Government Code, and any policies adopted by the sheriff regarding |
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the placement of a pregnant prisoner in solitary confinement or |
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administrative segregation; |
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(2) information regarding the health care provided to |
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a pregnant prisoner, including the availability of: |
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(A) obstetrical or gynecological care; |
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(B) prenatal health care visits; |
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(C) mental health care; and |
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(D) drug abuse or chemical dependency treatment; |
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(3) a detailed summary of the following as applicable |
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to pregnant prisoners: |
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(A) nutritional standards, including the average |
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caloric intake of a pregnant prisoner and other dietary |
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information; |
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(B) work assignments; |
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(C) housing conditions; and |
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(D) situations in which a pregnant prisoner has |
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been restrained, including the reason a determination to use |
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restraints was made under Section 361.082, Local Government Code; |
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and |
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(4) the number of miscarriages experienced by pregnant |
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prisoners confined in the jail between September 1, 2015, and the |
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date the report is submitted. |
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(c) Not later than December 1, 2016, the commission shall |
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compile, analyze, and summarize the information contained in the |
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reports submitted by sheriffs under Subsection (b) of this section. |
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The commission shall provide a copy of the summary 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 matters relating |
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to corrections. |
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(d) As soon as practicable after the effective date of this |
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Act, the commission shall prescribe the form for a report required |
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to be submitted under Subsection (b) of this section. |
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(e) This section expires February 1, 2017. |
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SECTION 3. Not later than December 1, 2015, the Commission |
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on Jail Standards shall adopt rules to implement Section 511.0103, |
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Government Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1140 was passed by the House on April |
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30, 2015, by the following vote: Yeas 125, Nays 16, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1140 on May 22, 2015, by the following vote: Yeas 104, Nays 26, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1140 was passed by the Senate, with |
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amendments, on May 20, 2015, by the following vote: Yeas 27, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |