bill requiring depression screenings for pregnant inmates

The text as introduced · 1,142 words

By: Menéndez
S.B. No. 2849

A BILL TO BE ENTITLED

AN ACT

relating to depression screenings for certain women in county jail

or in the custody of the Texas Department of Criminal Justice.

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

SECTION 1. Subchapter B, Chapter 501, Government Code, is

amended by adding Section 501.0655 to read as follows:

Sec. 501.0655. DEPRESSION SCREENING FOR PREGNANT INMATE.

The department shall ensure that each inmate who is pregnant or has

given birth in the preceding year is screened for depression:

(1) once each trimester during the pregnancy;

(2) once during the six-week period after giving

birth; and

(3) at 6 and 12 months after giving birth.

SECTION 2. Section 511.009(a), Government Code, is amended

to read as follows:

(a) The commission shall:

(1) adopt reasonable rules and procedures

establishing minimum standards for the construction, equipment,

maintenance, and operation of county jails;

(2) adopt reasonable rules and procedures

establishing minimum standards for the custody, care, and treatment

of prisoners;

(3) adopt reasonable rules establishing minimum

standards for the number of jail supervisory personnel and for

programs and services to meet the needs of prisoners;

(4) adopt reasonable rules and procedures

establishing minimum requirements for programs of rehabilitation,

education, and recreation in county jails;

(5) regularly review the commission's rules and

procedures and revise, amend, or change the rules and procedures if

necessary;

(6) provide to local government officials

consultation on and technical assistance for county jails;

(7) review and comment on plans for the construction

and major modification or renovation of county jails;

(8) require that the sheriff and commissioners of each

county submit to the commission, on a form prescribed by the

commission, an annual report on the conditions in each county jail

within their jurisdiction, including all information necessary to

determine compliance with state law, commission orders, and the

rules adopted under this chapter;

(9) review the reports submitted under Subdivision (8)

and require commission employees to inspect county jails regularly

to ensure compliance with state law, commission orders, and rules

and procedures adopted under this chapter;

(10) adopt a classification system to assist sheriffs

and judges in determining which defendants are low-risk and

consequently suitable participants in a county jail work release

program under Article 42.034, Code of Criminal Procedure;

(11) adopt rules relating to requirements for

segregation of classes of inmates and to capacities for county

jails;

(12) adopt a policy for gathering and distributing to

jails under the commission's jurisdiction information regarding:

(A) common issues concerning jail

administration;

(B) examples of successful strategies for

maintaining compliance with state law and the rules, standards, and

procedures of the commission; and

(C) solutions to operational challenges for

jails;

(13) report to the Texas Correctional Office on

Offenders with Medical or Mental Impairments on a jail's compliance

with Article 16.22, Code of Criminal Procedure;

(14) adopt reasonable rules and procedures

establishing minimum requirements for a county jail to:

(A) determine if a prisoner is pregnant;

(B) ensure that the jail's health services plan

addresses :

(i) medical care, including obstetrical and

gynecological care ;

(ii) [ , ] mental health care, including a

requirement that each prisoner who is pregnant or has given birth in

the preceding year be screened for depression:

(a) once each trimester during the

pregnancy;

(b) once during the six-week period

after giving birth; and

(c) at 6 and 12 months after giving

birth;

(iii) nutritional requirements;[ , ] and

(iv) any special housing or work assignment

needs for prisoners who are known or determined to be pregnant; and

(C) identify when a pregnant prisoner is in labor

and provide appropriate care to the prisoner, including promptly

transporting the prisoner to a local hospital;

(15) provide guidelines to sheriffs regarding

contracts between a sheriff and another entity for the provision of

food services to or the operation of a commissary in a jail under

the commission's jurisdiction, including specific provisions

regarding conflicts of interest and avoiding the appearance of

impropriety;

(16) adopt reasonable rules and procedures

establishing minimum standards for prisoner visitation that

provide each prisoner at a county jail with a minimum of two

in-person, noncontact visitation periods per week of at least 20

minutes duration each;

(17) require the sheriff of each county to:

(A) investigate and verify the veteran status of

each prisoner by using data made available from the Veterans

Reentry Search Service (VRSS) operated by the United States

Department of Veterans Affairs or a similar service; and

(B) use the data described by Paragraph (A) to

assist prisoners who are veterans in applying for federal benefits

or compensation for which the prisoners may be eligible under a

program administered by the United States Department of Veterans

Affairs;

(18) adopt reasonable rules and procedures regarding

visitation of a prisoner at a county jail by a guardian, as defined

by Section 1002.012, Estates Code, that:

(A) allow visitation by a guardian to the same

extent as the prisoner's next of kin, including placing the

guardian on the prisoner's approved visitors list on the guardian's

request and providing the guardian access to the prisoner during a

facility's standard visitation hours if the prisoner is otherwise

eligible to receive visitors; and

(B) require the guardian to provide the sheriff

with letters of guardianship issued as provided by Section

1106.001, Estates Code, before being allowed to visit the prisoner;

(19) adopt reasonable rules and procedures to ensure

the safety of prisoners, including rules and procedures that

require a county jail to:

(A) give prisoners the ability to access a mental

health professional at the jail or through a telemental health

service 24 hours a day or, if a mental health professional is not at

the county jail at the time, then require the jail to use all

reasonable efforts to arrange for the inmate to have access to a

mental health professional within a reasonable time;

(B) give prisoners the ability to access a health

professional at the jail or through a telehealth service 24 hours a

day or, if a health professional is unavailable at the jail or

through a telehealth service, provide for a prisoner to be

transported to access a health professional; and

(C) if funding is available under Section

511.019, install automated electronic sensors or cameras to ensure

accurate and timely in-person checks of cells or groups of cells

confining at-risk individuals; and

(20) adopt reasonable rules and procedures

establishing minimum standards for the quantity and quality of

feminine hygiene products, including tampons in regular and large

sizes and menstrual pads with wings in regular and large sizes,

provided to a female prisoner.

SECTION 3. Not later than December 1, 2025, the Commission

on Jail Standards shall adopt the rules and procedures required by

Section 511.009(a), Government Code, as amended by this Act.

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