Jail deaths panel of up to 11 can only recommend

The text as introduced · 634 words

By: Lowe
H.B. No. 5450

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of an advisory committee on

preventable deaths in county jails and a report concerning county

jail safety.

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

SECTION 1. Chapter 511, Government Code, is amended by

adding Section 511.0082 to read as follows:

Sec. 511.0082. ADVISORY COMMITTEE ON PREVENTABLE DEATHS.

(a) The commission shall establish an advisory committee to make

recommendations on the reduction of preventable deaths in county

jails. The commission shall appoint not more than 11 members to the

advisory committee. The advisory committee must include:

(1) one member who is a family member of a person who

died in a county jail in this state;

(2) one member with expertise in jail conditions, jail

standards, and deaths in custody who does not have any association

with law enforcement or an agency of this state;

(3) one criminal defense attorney;

(4) one medical examiner;

(5) two members who represent the public; and

(6) any other member whom the commission determines to

be appropriate.

(b) The advisory committee described by Subsection (a)

shall:

(1) meet monthly;

(2) collect and review reports of deaths in custody

after an investigation of the death has concluded, including

reviewing any evidence as determined necessary by the advisory

committee;

(3) identify deaths in custody that could have been

prevented; and

(4) make recommendations to the commission regarding

rules, policies, and training needed to reduce preventable deaths

in county jails.

(c) Chapter 2110 does not apply to the size, composition, or

duration of the advisory committee described by Subsection (a).

SECTION 2. Chapter 511, Government Code, is amended by

adding Section 511.00904 to read as follows:

Sec. 511.00904. ANNUAL REPORT ON EMERGING ISSUES IN JAIL

SAFETY, SECURITY, AND COMPLIANCE. The commission shall annually

prepare and publish on the commission's Internet website a report

summarizing emerging issues in county jail safety, security, and

compliance, including data and recommendations to reduce

preventable deaths. The report must include the following

information:

(1) a summary of each death that occurred in a county

jail, including a detailed description of each death identified as

preventable by the advisory committee established under Section

511.0082 and any responses by county officials regarding the death;

(2) a statistical report on deaths that occurred in a

county jail in the reporting year compared against the preceding

five years, disaggregated by:

(A) cause of death;

(B) county in which the death occurred;

(C) race, ethnicity, sex, and age of the inmate

who died;

(D) whether the inmate who died was identified

for health, mental health, or intellectual disability disorder

consideration;

(E) whether the death was a preventable death;

(F) whether the jail was issued a notice of

noncompliance or provided with technical assistance; and

(G) whether force was used on the inmate before

the inmate's death;

(3) the number and nature of complaints made regarding

county jails, including complaints regarding a violation of any

required ratio of correctional officers to inmates;

(4) recommendations made by the advisory committee

established under Section 511.0082;

(5) turnover and vacancy rates for county jail staff,

including medical staff, disaggregated by jail and medical bed

count at the jail;

(6) a list of county jails in noncompliance and the

nature of the noncompliance related to commission rules,

requirements, and standards, including the requirements of Article

16.22, Code of Criminal Procedure; and

(7) a list of county jails that have been granted a

variance from commission rules and a description of the variances.

SECTION 3. Not later than October 1, 2025, the Commission on

Jail Standards shall appoint the members of the advisory committee

on preventable deaths as required by Section 511.0082, Government

Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2025.