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  H.B. No. 4468
 
 
 
 
AN ACT
  relating to county jails and community mental health programs in
  certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 511.009(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall:
               (1)  adopt reasonable rules and procedures
  establishing minimum standards for the construction, equipment,
  maintenance, and operation of county jails;
               (2)  adopt reasonable rules and procedures
  establishing minimum standards for the custody, care, and treatment
  of prisoners;
               (3)  adopt reasonable rules establishing minimum
  standards for the number of jail supervisory personnel and for
  programs and services to meet the needs of prisoners;
               (4)  adopt reasonable rules and procedures
  establishing minimum requirements for programs of rehabilitation,
  education, and recreation in county jails;
               (5)  revise, amend, or change rules and procedures if
  necessary;
               (6)  provide to local government officials
  consultation on and technical assistance for county jails;
               (7)  review and comment on plans for the construction
  and major modification or renovation of county jails;
               (8)  require that the sheriff and commissioners of each
  county submit to the commission, on a form prescribed by the
  commission, an annual report on the conditions in each county jail
  within their jurisdiction, including all information necessary to
  determine compliance with state law, commission orders, and the
  rules adopted under this chapter;
               (9)  review the reports submitted under Subdivision (8)
  and require commission employees to inspect county jails regularly
  to ensure compliance with state law, commission orders, and rules
  and procedures adopted under this chapter;
               (10)  adopt a classification system to assist sheriffs
  and judges in determining which defendants are low-risk and
  consequently suitable participants in a county jail work release
  program under Article 42.034, Code of Criminal Procedure;
               (11)  adopt rules relating to requirements for
  segregation of classes of inmates and to capacities for county
  jails;
               (12)  require that the chief jailer of each municipal
  lockup submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 17 years of age
  securely detained in the lockup, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in municipal lockups;
               (13)  at least annually determine whether each county
  jail is in compliance with the rules and procedures adopted under
  this chapter;
               (14)  require that the sheriff and commissioners court
  of each county submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 17 years of age
  securely detained in the county jail, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in county jails;
               (15)  schedule announced and unannounced inspections
  of jails under the commission's jurisdiction using the risk
  assessment plan established under Section 511.0085 to guide the
  inspections process;
               (16)  adopt a policy for gathering and distributing to
  jails under the commission's jurisdiction information regarding:
                     (A)  common issues concerning jail
  administration;
                     (B)  examples of successful strategies for
  maintaining compliance with state law and the rules, standards, and
  procedures of the commission; and
                     (C)  solutions to operational challenges for
  jails;
               (17)  report to the Texas Correctional Office on
  Offenders with Medical or Mental Impairments on a jail's compliance
  with Article 16.22, Code of Criminal Procedure;
               (18)  adopt reasonable rules and procedures
  establishing minimum requirements for jails to:
                     (A)  determine if a prisoner is pregnant; and
                     (B)  ensure that the jail's health services plan
  addresses medical and mental health care, including nutritional
  requirements, and any special housing or work assignment needs for
  persons who are confined in the jail and are known or determined to
  be pregnant;
               (19)  provide guidelines to sheriffs regarding
  contracts between a sheriff and another entity for the provision of
  food services to or the operation of a commissary in a jail under
  the commission's jurisdiction, including specific provisions
  regarding conflicts of interest and avoiding the appearance of
  impropriety;
               (20)  adopt reasonable rules and procedures
  establishing minimum standards for prisoner visitation that
  provide each prisoner at a county jail with a minimum of two
  in-person, noncontact visitation periods per week of at least 20
  minutes duration each;
               (21)  require the sheriff of each county to:
                     (A)  investigate and verify the veteran status of
  each prisoner by using data made available from the Veterans
  Reentry Search Service (VRSS) operated by the United States
  Department of Veterans Affairs or a similar service; and
                     (B)  use the data described by Paragraph (A) to
  assist prisoners who are veterans in applying for federal benefits
  or compensation for which the prisoners may be eligible under a
  program administered by the United States Department of Veterans
  Affairs;
               (22)  adopt reasonable rules and procedures regarding
  visitation of a prisoner at a county jail by a guardian, as defined
  by Section 1002.012, Estates Code, that:
                     (A)  allow visitation by a guardian to the same
  extent as the prisoner's next of kin, including placing the
  guardian on the prisoner's approved visitors list on the guardian's
  request and providing the guardian access to the prisoner during a
  facility's standard visitation hours if the prisoner is otherwise
  eligible to receive visitors; and
                     (B)  require the guardian to provide the sheriff
  with letters of guardianship issued as provided by Section
  1106.001, Estates Code, before being allowed to visit the prisoner;
  and
               (23)  adopt reasonable rules and procedures to ensure
  the safety of prisoners, including rules and procedures that
  require a county jail to:
                     (A)  give prisoners the ability to access a mental
  health professional at the jail or through a telemental health
  service 24 hours a day or, if a mental health professional is not at
  the county jail at the time, then require the jail to use all
  reasonable efforts to arrange for the inmate to have access to a
  mental health professional within a reasonable time;
                     (B)  give prisoners the ability to access a health
  professional at the jail or through a telehealth service 24 hours a
  day or, if a health professional is unavailable at the jail or
  through a telehealth service, provide for a prisoner to be
  transported to access a health professional; and
                     (C)  if funding is available under Section
  511.019, install automated electronic sensors or cameras to ensure
  accurate and timely in-person checks of cells or groups of cells
  confining at-risk individuals.
         SECTION 2.  Section 511.011, Government Code, is amended to
  read as follows:
         Sec. 511.011.  REPORT ON NONCOMPLIANCE. (a) If the
  commission finds that a county jail does not comply with state law,
  including Chapter 89, Health and Safety Code, or the rules,
  standards, or procedures of the commission, it shall report the
  noncompliance to the county commissioners and sheriff of the county
  responsible for the county jail and shall send a copy of the report
  to the governor.
         (b)  If a notice of noncompliance is issued to a facility
  operated by a private entity under Section 351.101 or 361.061,
  Local Government Code, the compliance status of the facility shall
  be reviewed at the next meeting of the Commission on Jail Standards.
         SECTION 3.  Section 511.019(d), Government Code, is amended
  to read as follows:
         (d)  The commission by rule may establish a grant program to
  provide grants to counties to fund capital improvements described
  by Subsection (c).  The commission may only provide a grant to a
  county for capital improvements to a county jail with a capacity of
  not more than 288 [96] prisoners.
         SECTION 4.  Section 539.002, Government Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Except as provided by Subsection (c), the [The]
  department shall require each entity awarded a grant under this
  section to:
               (1)  leverage additional funding or in-kind
  contributions from private sources in an amount that is at least
  equal to the amount of the grant awarded under this section;
               (2)  provide evidence of significant coordination and
  collaboration between the entity, local mental health authorities,
  municipalities, local law enforcement agencies, and other
  community stakeholders in establishing or expanding a community
  collaborative funded by a grant awarded under this section; and
               (3)  provide evidence of a local law enforcement policy
  to divert appropriate persons from jails or other detention
  facilities to an entity affiliated with a community collaborative
  for the purpose of providing services to those persons.
         (c)  The department may award a grant under this chapter to
  an entity for the purpose of establishing a community mental health
  program in a county with a population of less than 250,000, if the
  entity leverages additional funding from private sources in an
  amount equal to one-quarter of the amount of the grant to be awarded
  under this section, and the entity otherwise meets the requirements
  of Subsections (b)(2) and (3).
         SECTION 5.  Section 1701.310(b), Occupations Code, is
  amended to read as follows:
         (b)  A county jailer appointed on a temporary basis who does
  not satisfactorily complete the preparatory training program
  before the first anniversary of the date that the person is
  appointed shall be removed from the position. A county jailer
  appointed on a temporary basis shall be enrolled in the preparatory
  training program on or before the 90th day after their temporary
  appointment.  A temporary appointment may not be renewed[, except
  that not earlier than the first anniversary of the date that a
  person is removed under this subsection, the sheriff may petition
  the commission for reinstatement of the person to a temporary
  appointment].
         SECTION 6.  Section 1701.310, Occupations Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  A county jailer appointed on a temporary basis may not
  be promoted to a supervisory position in a county jail.
         SECTION 7.  Not later than January 1, 2020, the Commission on
  Jail Standards shall update rules and procedures as necessary to
  comply with Section 511.009(a)(23), Government Code, as amended by
  this Act.
         SECTION 8.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4468 was passed by the House on May
  10, 2019, by the following vote:  Yeas 128, Nays 13, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4468 was passed by the Senate on May
  22, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor