Solitary Ban Covers Only Cases Based “Solely” On Gang Labels

The text as introduced · 582 words

By: Meza
H.B. No. 3725

A BILL TO BE ENTITLED

AN ACT

relating to the reform of solitary confinement practices and the

treatment of prisoners affiliated with security threat groups in

the Texas Department of Criminal Justice (TDCJ).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. PURPOSE AND FINDINGS. The Texas Legislature

finds that:

(1) The use of indefinite solitary confinement,

particularly for individuals classified as members of Security

Threat Groups (STGs), has been shown to have detrimental effects on

mental health and rehabilitation.

(2) The use of solitary confinement as a tool for

classification, rather than based on actual behavior or

disciplinary actions, is ineffective and counterproductive.

(3) It is essential to promote rehabilitation,

reintegration, and due process for all incarcerated individuals,

ensuring the protection of their constitutional rights while

maintaining public safety.

(4) Reforming the practices surrounding solitary

confinement, the classification system, and parole review

processes will better align with constitutional standards and

foster the rehabilitation of individuals incarcerated in Texas

prisons.

SECTION 2. AMENDMENT OF SOLITARY CONFINEMENT PRACTICES.

(a) Abolition of Indefinite Solitary Confinement for STG Members.

Effective September 5th, 2026, the Texas Department of Criminal

Justice (TDCJ) shall no longer use indefinite solitary confinement

(Restricted Housing, RH) for individuals solely based on their

classification as confirmed or alleged members of a Security Threat

Group (STG).

(b) Behavioral-Based RH Assignment. Effective September

5th, 2026, the Texas Department of Criminal Justice (TDCJ) shall no

longer use indefinite solitary confinement (Restricted Housing,

RH) for individuals solely based on their classification as

confirmed or alleged members of a Security Threat Group (STG).

(c) Criteria for Release from RH. Upon assignment to RH,

the individual shall be informed of clear and firm criteria for

release. If the individual meets the established criteria, they

shall be released back to the general population. TDCJ officials

shall be required to consider all relevant factors and behavior

when determining release from RH. Failure to do so will subject

officials to sanctions, including potential administrative

actions.

(d) Step-Down Program for STG Affiliates. Confirmed STG

affiliates who are found guilty of RH-eligible offenses will be

placed in a two-year step-down program designed for their gradual

return to general population after serving their RH term. Only

major offenses involving violent conduct, including serious bodily

injury or dangerous contraband, may result in an additional term of

up to two or five years.

(e) Creation of Restricted Custody General Population

(RCGP). TDCJ is directed to establish a new custody level known as

the Restricted Custody General Population (RCGP), which shall serve

as a secure alternative to solitary confinement for individuals

who:

(1) Are confirmed STG members but refuse to

participate in the step-down program.

(2) Have engaged in repeated misconduct in RH that

does not raise to the level of an RH eligible offense. RCGP shall

include provisions allowing prisoners to:

(A) Move around the facility without restraints.

(B) Participate in group recreation and contact

visits with family members.

(C) Engage in rehabilitative programs, including

educational and vocational training.

(f) Release of Long-Term RH Inmates. Any individual in RH

for any reason (&TG or non-&TG) who has been in RH for more than five

years as of January 10, 2026, and who has not committed a major

RH-eligible disciplinary infraction within the past two years,

shall be immediately released to the general population. No

individual shall be kept in RH or solitary confinement for more than

10 years.

SECTION 3. This Act takes effect September 1, 2025.