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« Legislative News Sunset Legislation Proposes Rule Changes for Texas Commission on Jail Standards
By Laura Nicholes
TAC Legislative Staff
Senate Bill 1009 by Senator Bob Deuell, the Sunset review bill for the Texas Commission on Jail Standards (TCJS), established several additional standards and requirements that went into effect Sept. 1. The most notable items impacting counties include additional standards and record keeping for the identification and treatment of pregnant inmates; additional records relating to in-custody deaths; enhanced mental health reporting requirements; and guidelines relating to awarding contracts and avoiding the appearance of impropriety.
At its quarterly meeting in August, the TCJS approved for publication the following seven proposed changes to minimum standards to comply with the mandates in SB 1009: Deaths in Custody, Objective Classification Plan (pregnant inmates), Health Records (pregnant inmates), Identification (mental health inmates), Balanced Diet (pregnant inmates), and Work Assignment and Supervision (pregnant inmates). In addition, on Sept. 14 the Commission released its Guidelines for Sheriffs Regarding Food Service and Commissary Vendors as mandated by SB 1009. The guidelines are available on the TCJS Web site at http://www.tcjs.state.tx.us/docs/Commissary%20Guidelines.pdf.
House Bill 3653 and House Bill 3654 by Rep. Marisa Marquez were incorporated into SB 1009 and require changes to minimum jail standards, as well as amend statutes regarding the treatment and record keeping of pregnant women and female children in county jails and certain youth correctional facilities. HB 3653 prohibits the use of restraints during labor or delivery unless safety or security is an issue. HB 3654 requires TCJS to establish specific minimum standards relating to the health and housing of pregnant women confined to a county jail. It also requires each county to report monthly to TCJS the number of inmates known to be pregnant.
Senate Bill 1557 by Senator Robert Duncan was included in the TCJS Sunset bill and seeks to enhance the identification of mental health patients in county jails by requiring additional reports to TCJS. SB 1557 requires the sheriff to provide written or electronic notice of mental health information collected on a defendant by peace officers or jail personnel, including previous assessments, to a magistrate within 72 hours. Mental health information is required to be used during the punishment phase after the conviction for the offense for which the defendant was arrested, as part of a presentence investigation report, or in connection with the impositions of conditions following placement on community supervision, including deferred adjudication. This article does not prevent the court from releasing a mentally ill or mentally retarded defendant from custody on personal or surety bond, or ordering an examination regarding the defendant's competency to stand trial.
The proposed changes to jail standards will be published in the Oct. 2, 2009 edition of the Texas Register, accessible online at www.sos.state.tx.us/texreg/index.shtml.
For more information, contact Laura Nicholes at (800) 456-5974 or LauraN@county.org.
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