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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of certain information regarding inmates |
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and the use of administrative segregation by the Texas Department |
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of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 493, Government Code, is amended by |
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adding Sections 493.032 and 493.033 to read as follows: |
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Sec. 493.032. ANNUAL REPORT. (a) Not later than January 1 |
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of each year, the department shall submit a written report |
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containing the information described by Subsection (b) 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 the department. |
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(b) The report must include the following information for |
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the preceding fiscal year: |
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(1) the number of inmates in the general prison |
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population who were referred to mental health professionals and the |
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reasons for the referrals; |
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(2) the number of inmates confined in administrative |
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segregation who were referred to mental health professionals and |
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the reasons for the referrals; |
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(3) a summary of the types of offenses for which each |
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inmate was imprisoned; |
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(4) the number of documented suicide attempts by |
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inmates in the general prison population; |
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(5) the number of documented suicide attempts by |
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inmates confined in administrative segregation; |
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(6) the number of inmates who were confined in |
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administrative segregation immediately before the inmates' |
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discharge from the department; |
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(7) the number of inmates who were confined in |
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administrative segregation immediately before the inmates' release |
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on parole or to mandatory supervision; |
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(8) the rate of recidivism among: |
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(A) inmates who were never confined in |
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administrative segregation before the inmates' release or |
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discharge from the department; |
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(B) inmates who were confined in administrative |
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segregation immediately before the inmates' release or discharge |
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from the department; and |
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(C) inmates who were confined in administrative |
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segregation at any time prior to the inmates' release or discharge |
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from the department and who are not described by Paragraph (B); |
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(9) for inmates confined in administrative |
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segregation at any time during the fiscal year: |
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(A) the average length of time an inmate was |
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continuously confined in administrative segregation; |
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(B) the longest and shortest length of time an |
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inmate was continuously confined in administrative segregation; |
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(C) a summary of the offenses for which inmates |
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confined in administrative segregation were imprisoned; and |
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(D) a summary of the reasons for which inmates |
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were placed in administrative segregation; |
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(10) the number of inmates discharged or released |
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directly from the general prison population who have obtained |
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regular employment on or before the 180th day after the inmates' |
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release or discharge, to the extent that information is available; |
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(11) the number of inmates discharged or released |
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directly from confinement in administrative segregation who have |
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obtained regular employment on or before the 180th day after the |
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inmates' release or discharge, to the extent that information is |
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available; |
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(12) the number of reviews conducted by the department |
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concerning an inmate's placement in administrative segregation and |
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the number of those reviews that resulted in the inmate's transfer |
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to the general prison population; |
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(13) the number of inmates who were transferred from |
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administrative segregation to the general prison population as a |
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result of successfully completing a program designed to facilitate |
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the return of an inmate to the general prison population; and |
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(14) information regarding the operations and |
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activity of gangs, identified security threat groups, or other |
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disruptive groups within each facility operated by or under |
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contract with the department. |
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Sec. 493.033. INFORMATION CONCERNING COST OF CONFINEMENT IN |
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ADMINISTRATIVE SEGREGATION. The Legislative Budget Board shall |
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include in its Criminal Justice Uniform Cost Report the cost per day |
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calculation of confining an inmate in administrative segregation. |
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SECTION 2. Subchapter A, Chapter 501, Government Code, is |
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amended by adding Section 501.025 to read as follows: |
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Sec. 501.025. USE OF ADMINISTRATIVE SEGREGATION. (a) The |
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department shall conduct a review of the department's policies |
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regarding the use of administrative segregation. The review must |
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examine methods to reduce the number of inmates housed in |
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administrative segregation, including alternatives to |
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administrative segregation. Based on the review, the department |
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shall develop a plan to reduce the department's use of |
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administrative segregation. |
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(b) The plan must provide an inmate confined in |
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administrative segregation with the following, based on the |
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inmate's assessed risks and needs and the personal safety of the |
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inmate or another person: |
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(1) the opportunity to participate in programs and |
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services in the inmate's cell that are similar to the educational |
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courses, work-related training, or other technical or vocational |
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programs that are available to the general inmate population; |
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(2) increases in the amount of time the inmate is |
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allowed out of the inmate's cell based on the length of the inmate's |
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period of confinement in administrative segregation; |
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(3) the opportunity to exercise with inmates in the |
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general prison population; |
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(4) daily contact with prison staff; and |
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(5) access to audio and visual media that provide the |
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inmate with appropriate mental stimulation. |
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(c) In addition to the requirements of Subsection (b), for |
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an inmate confined in administrative segregation for reasons other |
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than the inmate's misconduct or disciplinary record or membership |
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in a gang or identified security threat group, the plan must allow |
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the inmate: |
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(1) adequate and regular access to mental health |
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services; and |
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(2) if the inmate will be confined in administrative |
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segregation immediately before the inmate's release or discharge |
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from the department, access to services and programs that assist |
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inmates in developing: |
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(A) the ability to obtain and maintain long-term |
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employment and stable housing; and |
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(B) social skills and life skills, including |
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building and maintaining parenting skills, anger management |
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techniques, positive family interactions, and law-abiding |
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behavior. |
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(d) The department shall develop and include in the plan a |
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program that provides an opportunity for an inmate who is confined |
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in administrative segregation based on the inmate's membership in a |
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gang or identified security threat group to return to the general |
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prison population. The program may not exceed eight months in |
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length and must be available to an inmate who: |
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(1) has renounced the inmate's membership in the gang |
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or identified security threat group; and |
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(2) during the one-year period preceding the inmate's |
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application to the program has not: |
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(A) committed assault against another inmate or a |
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member of the prison staff; |
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(B) been the subject of major disciplinary |
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action; or |
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(C) participated in any gang-related or |
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identified security threat group-related activity. |
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(e) The plan may not result in increased danger to inmates |
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imprisoned in, or employees employed at, any facility operated by |
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or under contract with the department. |
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SECTION 3. (a) The Texas Department of Criminal Justice |
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shall submit the first report required under Section 493.032, |
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Government Code, as added by this Act, not later than January 1, |
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2016. |
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(b) Not later than June 1, 2016, the Texas Department of |
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Criminal Justice shall submit for review and comment the plan |
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developed under Section 501.025, Government Code, as added by this |
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Act, 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; |
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(4) each standing committee of the senate and house of |
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representatives having primary jurisdiction over the department; |
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and |
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(5) the Legislative Budget Board. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |