S.B. No. 1003
 
 
 
 
AN ACT
  relating to a review of and report regarding the use of adult and
  juvenile administrative segregation in facilities in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 203, Human Resources Code, is amended by
  adding Section 203.016 to read as follows:
         Sec. 203.016.  DATA REGARDING PLACEMENT IN DISCIPLINARY
  SECLUSION.  (a)  In this section:
               (1)  "Disciplinary seclusion" means the separation of a
  resident from other residents for disciplinary reasons and the
  placement of the resident alone in an area from which egress is
  prevented for more than 90 minutes.
               (2)  "Juvenile facility" means a facility that serves
  juveniles under juvenile court jurisdiction and that is operated as
  a pre-adjudication secure detention facility, a short-term
  detention facility, or a post-adjudication secure correctional
  facility.
         (b)  The department shall collect the following data during
  the annual registration of juvenile facilities and make the data
  publicly available:
               (1)  the number of placements in disciplinary seclusion
  lasting at least 90 minutes but less than 24 hours;
               (2)  the number of placements in disciplinary seclusion
  lasting 24 hours or more but less than 48 hours; and
               (3)  the number of placements in disciplinary seclusion
  lasting 48 hours or more.
         SECTION 2.  DEFINITION. In this Act, "facility" means:
               (1)  a facility operated by or under contract with the
  Texas Department of Criminal Justice;
               (2)  a facility operated by a municipality, or a
  private vendor on behalf of a municipality, for the confinement of a
  person arrested for, charged with, or convicted of a criminal
  offense; or
               (3)  a public or private juvenile secure detention
  facility.
         SECTION 3.  REVIEW OF ADMINISTRATIVE SEGREGATION POLICIES.
  Subject to the availability of funds from gifts, grants, and
  donations accepted under Section 4 of this Act, the Criminal
  Justice Legislative Oversight Committee shall appoint an
  independent third party to conduct a review of facilities in this
  state regarding the facilities' use of adult and juvenile
  administrative segregation and related statistics, including:
               (1)  classification to administrative segregation and
  release from administrative segregation;
               (2)  security threat group classification;
               (3)  notification of release and release procedures;
               (4)  access of adults and juveniles confined in
  administrative segregation to:
                     (A)  mental health services;
                     (B)  health care services;
                     (C)  substance abuse programs and services;
                     (D)  reentry resources and transitional programs
  and services; and
                     (E)  other programs and services that are
  available to the general adult and juvenile population;
               (5)  access of adults confined in administrative
  segregation to programs and services for adults who are veterans;
               (6)  the number of adults and juveniles confined in
  administrative segregation who were referred to mental health
  professionals;
               (7)  the average length of time adults and juveniles
  were continuously confined in administrative segregation; and
               (8)  the rate of recidivism among adults and juveniles
  who were confined in administrative segregation at any time.
         SECTION 4.  ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.
  (a)  For the purpose of funding the third-party review under
  Section 3 of this Act, the Criminal Justice Legislative Oversight
  Committee may:
               (1)  apply for and accept:
                     (A)  gifts, grants, and donations from any
  organization described in Section 501(c)(3) or (4) of the Internal
  Revenue Code of 1986; and
                     (B)  federal grants; and
               (2)  accept donations from an individual or a private
  entity.
         (b)  All gifts, grants, and donations must be reported in the
  public records of the Criminal Justice Legislative Oversight
  Committee with the name of the donor and purpose of the gift, grant,
  or donation accepted.
         SECTION 5.  REPORT. Not later than December 31, 2014, the
  independent third party shall provide a report of the third party's
  findings and recommendations to the governor, the lieutenant
  governor, the speaker of the house of representatives, and the
  standing legislative committees with primary jurisdiction over
  criminal justice matters. At a minimum, the report must contain
  detailed recommendations to:
               (1)  reduce the administrative segregation population
  in facilities in this state;
               (2)  divert adults and juveniles with mental illness
  from administrative segregation; and
               (3)  decrease the length of time adults and juveniles
  are confined in administrative segregation in facilities in this
  state.
         SECTION 6.  PUBLIC INFORMATION. Chapter 552, Government
  Code, applies to:
               (1)  the review conducted by the independent third
  party under this Act and all information gathered and analyzed for
  that review, including background research and any report or
  summary;
               (2)  the report submitted by the independent third
  party under Section 5 of this Act; and
               (3)  all information collected, created, or stored
  under this Act by the Criminal Justice Legislative Oversight
  Committee.
         SECTION 7.  EXPIRATION. This Act expires February 1, 2015.
         SECTION 8.  EFFECTIVE DATE.  This Act takes effect September
  1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1003 passed the Senate on
  April 29, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 24, 2013, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1003 passed the House, with
  amendments, on May 22, 2013, by the following vote: Yeas 133,
  Nays 13, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor