Bill Text: TX HB1140 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to the confinement of pregnant prisoners in county jails.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-06-16 - Effective on 9/1/15 [HB1140 Detail]

Download: Texas-2015-HB1140-Comm_Sub.html

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By: Israel, et al. (Senate Sponsor - Whitmire) H.B. No. 1140
(In the Senate - Received from the House May 4, 2015;
May 6, 2015, read first time and referred to Committee on Criminal
Justice; May 14, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 1;
May 14, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1140 By: Whitmire

A BILL TO BE ENTITLED
AN ACT
relating to the confinement of pregnant prisoners in county jails.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended by
adding Section 511.0103 to read as follows:
Sec. 511.0103. NOTIFICATION REGARDING POLICY CHANGE. In
the manner prescribed by the commission, a county jail shall notify
the commission of any change in the jail's policies and procedures
related to:
(1) the provision of health care to pregnant
prisoners; and
(2) the placement of a pregnant prisoner in solitary
confinement or administrative segregation.
SECTION 2. (a) In this section, "commission" means the
Commission on Jail Standards.
(b) Not later than September 1, 2016, each sheriff shall
report to the commission regarding the implementation in the county
jails in the sheriff's county of policies and procedures to provide
adequate care to pregnant prisoners confined in the jail. A report
to the commission must be on a form prescribed by the commission and
include the following:
(1) a description of the sheriff's actions to comply
with the rules and procedures adopted under Section 511.009(a)(18),
Government Code, and any policies adopted by the sheriff regarding
the placement of a pregnant prisoner in solitary confinement or
administrative segregation;
(2) information regarding the health care provided to
a pregnant prisoner, including the availability of:
(A) obstetrical or gynecological care;
(B) prenatal health care visits;
(C) mental health care; and
(D) drug abuse or chemical dependency treatment;
(3) a detailed summary of the following as applicable
to pregnant prisoners:
(A) nutritional standards, including the average
caloric intake of a pregnant prisoner and other dietary
information;
(B) work assignments;
(C) housing conditions; and
(D) situations in which a pregnant prisoner has
been restrained, including the reason a determination to use
restraints was made under Section 361.082, Local Government Code;
and
(4) the number of miscarriages experienced by pregnant
prisoners confined in the jail between September 1, 2015, and the
date the report is submitted.
(c) Not later than December 1, 2016, the commission shall
compile, analyze, and summarize the information contained in the
reports submitted by sheriffs under Subsection (b) of this section.
The commission shall provide a copy of the summary to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) each standing committee of the senate and house of
representatives having primary jurisdiction over matters relating
to corrections.
(d) As soon as practicable after the effective date of this
Act, the commission shall prescribe the form for a report required
to be submitted under Subsection (b) of this section.
(e) This section expires February 1, 2017.
SECTION 3. Not later than December 1, 2015, the Commission
on Jail Standards shall adopt rules to implement Section 511.0103,
Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2015.
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