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