Bill Text: TX SB890 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to restricting the use of administrative segregation by the Texas Department of Criminal Justice for certain inmates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-09 - Referred to Criminal Justice [SB890 Detail]
Download: Texas-2015-SB890-Introduced.html
84R8505 JRR-F | ||
By: Rodríguez | S.B. No. 890 |
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relating to restricting the use of administrative segregation by | ||
the Texas Department of Criminal Justice for certain inmates. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 501, Government Code, is | ||
amended by adding Section 501.068 to read as follows: | ||
Sec. 501.068. PROGRAM FOR CERTAIN INMATES WITH SERIOUS | ||
MENTAL ILLNESS. (a) In this section, "inmate with a serious mental | ||
illness" means an inmate confined by the department who has a | ||
substantial disorder of thought or mood that significantly impairs | ||
the inmate's judgment, behavior, capacity to recognize reality, or | ||
ability to cope with the ordinary demands of life. The term | ||
includes an inmate who has current symptoms of or is receiving | ||
treatment for: | ||
(1) any of the following Axis I diagnoses as defined by | ||
the American Psychiatric Association in the Diagnostic and | ||
Statistical Manual of Mental Disorders, fourth edition: | ||
(A) schizophrenia, including any schizophrenia | ||
subtype; | ||
(B) delusional disorder; | ||
(C) schizophreniform disorder; | ||
(D) schizoaffective disorder; | ||
(E) brief psychotic disorder; | ||
(F) substance-induced psychotic disorder, other | ||
than intoxication or withdrawal; | ||
(G) bipolar disorder I or II; | ||
(H) major depressive disorder; or | ||
(I) any other psychotic disorder; | ||
(2) a mental disorder that includes being actively | ||
suicidal; | ||
(3) a mental illness that is frequently characterized | ||
by breaks with reality or perceptions of reality that lead to | ||
significant functional impairment; | ||
(4) an organic brain syndrome that results in | ||
significant functional impairment if not treated; | ||
(5) a severe personality disorder that is manifested | ||
by frequent episodes of psychosis or depression and results in | ||
significant functional impairment; or | ||
(6) an intellectual disability with significant | ||
functional impairment. | ||
(b) The department, in conjunction with each managed health | ||
care provider network established under Section 501.147, shall | ||
establish a diversion program that is designed to: | ||
(1) remove inmates with a serious mental illness from | ||
administrative segregation; and | ||
(2) prevent the initial placement of inmates with a | ||
serious mental illness in administrative segregation. | ||
(c) Each program established under this section must: | ||
(1) focus on stabilizing inmates with a serious mental | ||
illness by placing the inmates in less restrictive housing; and | ||
(2) include policies and practices, scaled over a | ||
three-year period, that will divert not less than 90 percent of | ||
inmates with a serious mental illness from administrative | ||
segregation to less restrictive housing. | ||
(d) The department shall report to the legislature not later | ||
than January 15 of each odd-numbered year the results of each | ||
program, including: | ||
(1) the number of program participants that | ||
successfully integrate into a less restrictive housing placement; | ||
(2) the recidivism rates for inmates with a serious | ||
mental illness, including those that participate in each program; | ||
and | ||
(3) any additional data or information the legislature | ||
or the department considers relevant to assessing the program. | ||
SECTION 2. Subchapter C, Chapter 501, Government Code, is | ||
amended by adding Section 501.0961 to read as follows: | ||
Sec. 501.0961. REENTRY STEP-DOWN PROGRAM FOR CERTAIN | ||
INMATES IN ADMINISTRATIVE SEGREGATION. (a) The department, in | ||
conjunction with each managed health care provider network | ||
established under Section 501.147, shall establish a program for | ||
inmates who: | ||
(1) are projected to be released or discharged from | ||
the department in 180 days or less; and | ||
(2) have been confined in administrative segregation | ||
for at least 180 consecutive days and would otherwise remain in | ||
administrative segregation until release or discharge. | ||
(b) Each program established under this section must: | ||
(1) house inmates described by Subsection (a) in a | ||
residential, therapeutic housing unit within a correctional | ||
facility in lieu of confinement in administrative segregation; | ||
(2) provide clinically appropriate and habilitative | ||
programs and services to the inmates with the goal of ensuring | ||
successful reentry; and | ||
(3) focus on building prosocial behaviors and reducing | ||
the likelihood of recidivism. | ||
(c) The department shall report to the legislature not later | ||
than January 15 of each odd-numbered year the results of each | ||
program, including the recidivism rates of inmates who participate | ||
in each program. | ||
SECTION 3. This Act takes effect September 1, 2015. |