90R365 JDK-F By: González of El Paso H.B. No. 181 relating to standards for the out-of-state confinement of county prisoners.
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.
