|
|
|
|
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. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1140 was passed by the House on April |
|
30, 2015, by the following vote: Yeas 125, Nays 16, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1140 on May 22, 2015, by the following vote: Yeas 104, Nays 26, |
|
3 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1140 was passed by the Senate, with |
|
amendments, on May 20, 2015, by the following vote: Yeas 27, Nays |
|
3. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |