Bills that Strengthen Criminal Justice Practices
Improve Jail & Prison Conditions
In the past, conditions inside Texas’ prison system have been notoriously bad. Texans should support legislation aimed at making jails and prisons more humane – with suitable living conditions. Furthermore, lawmakers must ensure that incarcerated individuals receive adequate medical care and specialized care, if needed.
Analysis: Creates an in-prison program that addresses geriatric problems inmates over 60 years of age face. The program consists of a treatment program and calls for separate housing for participants.
Analysis: Requires annual HIV testing for inmates with no record of a positive test result and calls for the distribution of condoms within correctional facilities. Condoms may be distributed by health care providers, non-profit organizations and public health care agencies. Furthermore, possession of condoms or other sexual barrier protection devices may not be used as evidence of illegal activity for purposes of administrative sanctions against an inmate or state jail defendant.
TCJC Testimony
Analysis: Requires the sheriff to ensure that (1) at least one correctional officer is stationed on each floor of a county jail where there is at least 10 inmates housed, (2) at least one correctional officer is stationed on each floor of the county jail for every 48 prisoners housed on that floor, and (3) sufficient supervisors and personnel are available at the county jail to perform the functions required by TCJS. Additionally, the commissioner’s court shall provide the sheriff with the resources need to meet the proper staffing requirements of this bill.
Analysis: Requires TDCJ to restrict the use of restraints on a pregnant woman confined in a facility when the woman is in labor or delivery, during transportation to a medical facility, or during recovery from delivery unless the use of restraints is necessary to ensure the safety and security of the woman or her infant or the prevent a substantial risk of escape.
House Committee on Corrections Report
HRO Bill Analysis
Analysis: Requires county jails to establish standards of care for pregnant inmates. This bill would also add pregnant inmates as a consideration of classification.
House Committee on County Affairs Report
Analysis: Extends oversight authority to the Texas Commission on Jail Standards to monitor county jails that only house federal prisoners. This contract relationship is usually undertaken between counties and private prison companies.
Increase the Efficiency of the Texas Department of Criminal Justice & Their Programs
Texas must implement responsible practices with regards to individuals passing through the criminal justice system – not only on the front end with quality defense representation, but also for individuals within prison walls. Incarcerated individuals must be given adequate medical treatment, as well as the ability to file legitimate grievances that will receive a response, without fear of reprisal.
Furthermore, prison staff should be better compensated so as to reduce turnover rates and personnel shortages, in turn reducing corruption and improving the safety of prison conditions.
Finally, Texas’ various criminal justice agencies and treatment providers – probation, corrections, parole, mental, and health services – should improve their coordination and communication so as to better provide a continuum of just and compassionate services for the tens of thousands of Texans entering and exiting criminal justice facilities every year.
Analysis: Requires TDCJ to release any inmate eligible for release at or near the prison facility in which the inmate’s sentence was served and to designate six or more facilities operated by TDCJ as regional release facilities.
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HB 3439 [England]: Relating to the use of an inmate skills development assessment instrument by the Texas Department of Criminal Justice.
Analysis: Requires TDCJ to develop an inmate skills development assessment mechanism to evaluate the functional capacity of an inmate in the following areas:
(1) academic ability;
(2) vocational and career development (including prospects post-incarceration employment);
(3) establishing and maintaining relationships, fulfilling parental responsibilities, and communication skills;
(4) personal health (including health promotion & disease prevention, illness management, and eligibility to receive government assistance);
(5) mental health maintenance (including substance abuse and mental illness management, as well as maintaining appropriate sexual behavior);
(6) general behavior;
(7) character;
(8) managing leisure activities and time; and
(9) skills needed in everyday life (including financial management and housing security).
In developing an inmate skills development assessment instrument, TDCJ must consult with the Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI), the Department of State Health Services (DSHS), the Department of Assistive and Rehabilitative Services (DARS), and the Texas Workforce Commission (TWC).
TDCJ must then (1) evaluate an individual before the 90th day of their custody using the inmate skills development assessment instrument, (2) use the findings as a guide in deciding what services and programs the individual needs, (3) maintain a record of the results for each individual, (4) reevaluate the individual using the inmate skills development assessment instrument before the 90th day before their discharge, and (5) provide the results of the reevaluation and post-incarceration transition plan to any reintegration office operated by the county or municipality into which the individual will be released. Additionally, TDCJ has the option to periodically reevaluate the individual using the inmate skills development assessment instrument to determine their progress in skill development and place them in different rehabilitative services and programs if needed.
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HB 3598 [Martinez, A.]: Relating to the establishment of an electronic monitoring pilot program by the Texas Department of Criminal Justice.
Analysis: Creates an electronic monitoring pilot program for certain individuals and counties that are eligible. In this program, individuals who suffer from substance abuse may receive treatment as needed.
Analysis: Allows certain non-profit, religious, or civic organizations to send inmates books and educational materials.
Increase Accountability, Ensure Effective Policing, & Maintain Integrity Within the Criminal Justice System
The criminal justice system has many moving parts that work together to maximize public safety, protect individual rights, and manage taxpayers’ investment in safety-related spending. Though our criminal justice system is strong, Texas must adopt laws that protect its citizens against discrimination and corruption from government employees. We must do our part to hold law enforcement and other government employees accountable for their actions.
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HB 384 [Burnam, Lucio III]: Relating to the prevention of racial profiling by certain civilian employees of the Department of Public Safety.
Analysis: Prohibits employees of the Department of Public Safety assigned to a driver's license facility from engaging in racial profiling when issuing an original, renewal, or duplicate driver's license, commercial driver's license, or personal identification certificate.
House Committee on Public Safety Report
Analysis: Requires all proposed legislation concerning a change in sanctions applicable to adults convicted of a felony to attach a practical examination of its fiscal impact, the effect on current prison populations, and effects on racial minorities. This bill assists legislators in deciding the practicality and effectiveness of each bill by giving them easy access to data to be taken in consideration before submitting a bill.
This bill would add a Section 314.005 to the Government Code to provide that the impact statement must include information concerning:
(1) the estimated number of criminal cases each year that the legislation will impact;
(2) the fiscal impact of imprisoning or imposing other sanctions on persons in accordance with the legislation;
(3) the impact of the legislation on major racial and ethnic minority groups;
(4) the impact of the legislation on existing correctional facilities
(5) the likelihood that the legislation may create a need for additional prison capacity; and
(6) any other matter the board determines relevant.
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HB 917 [Dutton]: Relating to the authority of peace officers to conduct certain searches.
Analysis: Prohibits peace officers from conducting a vehicle search unless the officer (1) has probable cause or another legal basis for conducting the search, (2) obtains written consent from the driver of the vehicle, or (3) obtains oral consent from the driver that is evidenced by audio/visual equipment.
Analysis: Establishes a statewide repository for racial profiling reports at TCLEOSE.
Note: This repository would be in the best position to monitor compliance with S.B. 1074, collect and maintain data on a statewide level, produce an annual statewide analysis of the data, and put mechanisms in place to streamline and standardize data collection and reporting. It will also enable law enforcement agencies to compare their data to determine best practices.
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HB 3903 [Ortiz, Jr.]: Relating to county contracts with private entities for jail facilities; providing a penalty.
Analysis: Requires the commissioner’s court to conduct a public hearing before agreeing to allow a private prison to be built in a county. Also, it would provide a criminal penalty for any person or entity found taking bribes from private prison contractors. Finally, it would require private prisons to comply with open records requests.
Analysis: Creates a DNA laboratory audit program overseen by the Texas Forensic Science Commission to ensure efficacy of their findings. Additionally, this bill could help assist with possible exonerations in the future by strengthening the integrity of crime labs and provide a process that may prevent wrongful convictions by ensuring that biological evidence is properly preserved and handled from the beginning.
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CSSB 388 [Carona]: Relating to the creation of a public corruption unit in the Department of Public Safety of the State of Texas.
Analysis: Creates a Public Corruption Unit within the Department of Public Safety to assist in the enforcement of laws relating to law enforcement corruption. The Unit would assist with the investigation of complaints and administrative enforcement actions for law enforcement corruption. The Unit would also serve as a clearinghouse for information relating to the investigation and prosecution of law enforcement corruption in Texas and report to the Public Safety Commission.
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SB 1680 [Hinojosa]: Relating to voter approval for certain contracts between political subdivisions and private entities relating to correctional facilities.
Analysis: Requires bonds for correctional facilities to be approved by a majority of the voters in an election in order to be issued.
The overall mission of our criminal justice system is ensuring justice is served, rehabilitation for offenders, and fairness for victims. We must address the needs of victims and support programs that enable them to overcome their fear of their offender.
Analysis: Grants the commissioners court or governing body of a municipality the authority to establish a pretrial victim-offender mediation program. The program is only available to first-time, non-violent property offenders at a state jail felony or misdemeanor level. This bill is extremely beneficial as victim-offender mediation reduces recidivism and is cost-effective.
