Relating to standards for the out-of-state confinement of county prisoners.

The text as introduced · 698 words

90R365 JDK-F

By: González of El Paso
H.B. No. 181

A BILL TO BE ENTITLED

AN ACT

relating to standards for the out-of-state confinement of county

prisoners.

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

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

adding Section 511.00935 to read as follows:

Sec. 511.00935. STANDARDS FOR OUT-OF-STATE CONFINEMENT OF

COUNTY PRISONERS. (a) This section applies only to a contract

between a county and another state, a jurisdiction in another

state, or a private vendor for the confinement of county prisoners

in a correctional facility located in another state.

(b) A contract to which this section applies must provide

that:

(1) each out-of-state correctional facility in which

county prisoners are to be housed meets minimum standards

established by the commission;

(2) all operational requirements of the receiving

entity meet or exceed minimum standards established by the

commission;

(3) each county prisoner confined under the contract

be released within the sending county;

(4) county prisoners with a record of institutional

violence involving the use of a deadly weapon or a pattern of

violence while confined in this state or a record of escape or

attempted escape from secure custody are not eligible for transfer

unless a specific waiver has been granted by the commission;

(5) county prisoners for whom information is obtained

under Section 614.017, Health and Safety Code, identifying the

prisoners as an exact or probable match in response to a database

search query conducted for purposes of establishing continuity of

care and services, as defined by Section 614.001 of that code, are

provided the appropriate care, unless a specific waiver has been

granted by the commission;

(6) the sending entity shall:

(A) review for compliance with the commission's

classification standards and submit to the commission for approval:

(i) all records concerning the prisoner's

classification, including records relating to the prisoner's

conduct while confined in this state; and

(ii) appropriate medical information

concerning the prisoner, including certification of tuberculosis

screening or treatment;

(B) determine the county prisoner's custody

level in accordance with commission rules to ensure that custody

level assignments for the facility as a whole are compatible with

the construction security level availability in the facility;

(C) conduct inspections of receiving facilities

in accordance with commission inspection standards not less than

every six months and provide the commission a copy of the inspection

report;

(D) provide to the commission information on the

receiving entity's procedures for responding to a riot, rebellion,

escape, medical emergency, or other situation requiring assistance

from local or state law enforcement agencies or health care

providers; and

(E) promptly notify the commission of any major

incidents, including escapes, injuries, or deaths, involving a

transferred prisoner at the facility;

(7) the receiving entity shall notify the sending

entity of any major incidents, including escapes, injuries, or

deaths, involving a transferred prisoner at the facility not later

than 24 hours after they occur; and

(8) the sending county is entitled to terminate the

contract at will, including if directed to do so by the commission,

by providing the receiving entity with 90 days' notice of the

county's intent to terminate the contract.

(c) Before entering into a contract described by Subsection

(a), a county shall submit a copy of the contract to the commission

for review and approval. A contract described by Subsection (a)

that is not approved by the commission is void.

(d) A county housing county prisoners in another state under

a contract described by Subsection (a) shall:

(1) investigate any death, escape, or serious incident

involving the prisoners reported to the county under Subsection

(b)(7); and

(2) promptly report to the commission, in the manner

prescribed by the commission, the death, escape, or serious

incident and the results of the county's investigation of the

death, escape, or serious incident.

(e) The commission by rule may adopt additional standards or

procedures relating to contracts to which this section applies.

SECTION 2. As soon as practicable after the effective date

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

necessary to implement Section 511.00935, Government Code, as added

by this Act.

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