González Bill Sets Jail Standards For Pregnant And Postpartum Prisoners

The text as introduced · 459 words

90R1529 JDK-D

By: González of El Paso
H.B. No. 158

A BILL TO BE ENTITLED

AN ACT

relating to minimum standards for county jails relating to pregnant

and postpartum prisoners.

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

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

adding Section 511.01055 to read as follows:

Sec. 511.01055. MINIMUM STANDARDS FOR PREGNANT AND

POSTPARTUM PRISONERS. (a) The commission shall adopt reasonable

rules and procedures that:

(1) establish minimum standards for county jails

relating to conditions of confinement, clothing, nutrition, and

rest for pregnant and postpartum prisoners, including standards

addressing:

(A) access to bathrooms, maternity hygiene

products, and prenatal mattresses;

(B) jail cleanliness; and

(C) jail temperature;

(2) require each county jail to report to the

commission, in the manner prescribed by the commission:

(A) the number of pregnant and postpartum

prisoners confined in the jail and the number of those prisoners

confined in administrative segregation;

(B) the health, mental health, or general support

programs offered by the jail to pregnant or postpartum prisoners;

(C) the nutritional supplementation offered by

the jail to pregnant or postpartum prisoners; and

(D) any other information relating to pregnant

and postpartum prisoners the commission determines appropriate;

and

(3) require external audits of each county jail every

six months to determine compliance with the standards related to

the care provided to pregnant and postpartum prisoners.

(b) The standards adopted under Subsection (a)(1) must be

based on evidence-based best practices.

(c) In implementing the external audit requirement adopted

under Subsection (a)(3), the commission may select and contract

with the office of the independent auditor established under

Section 493.0052, in conjunction with the office of the independent

ombudsman of the Texas Department of Criminal Justice, or another

external auditor to conduct the audits.

(d) The commission shall inspect county jails to:

(1) determine compliance with the standards adopted

under Subsection (a)(1) and any other law relating to pregnant or

postpartum prisoners; and

(2) verify the information reported by a county jail

under Subsection (a)(2).

(e) The commission shall submit an annual report to the

legislature on the implementation of and compliance by county jails

with the standards adopted under Subsection (a)(1). The report

must:

(1) include all data collected or provided to the

commission under this section during the period covered by the

report;

(2) identify any deficiencies in the care provided to

pregnant and postpartum prisoners; and

(3) include any policy recommendations relating to the

care of pregnant and postpartum prisoners.

SECTION 2. As soon as practicable after the effective date

of this Act, the Commission on Jail Standards shall adopt the rules

and procedures required by Section 511.01055, Government Code, as

added by this Act.

SECTION 3. This Act takes effect September 1, 2027.