HB1826 - Relating to depression screenings for certain women in county jail or in the custody of the Texas Department of Criminal Justice.

      By: Bowers H.B. No. 1826       A BILL TO BE ENTITLED   AN ACT   relating to depression screenings for certain women in county jail   or in the custody of the Texas Department of Criminal Justice.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 501, Government Code, is   amended by adding Section 501.0655 to read as follows:           Sec.   501.0655.     DEPRESSION SCREENING FOR PREGNANT INMATE.   The department shall ensure that each inmate who is pregnant or has   given birth in the preceding year is screened for depression:                 (1)  once each trimester during the pregnancy;                 (2)     once during the six-week period after giving   birth; and                 (3)  at 6 and 12 months after giving birth.          SECTION 2.  Section 511.009(a), Government Code, is amended   to read as follows:          (a)  The commission shall:                (1)  adopt reasonable rules and procedures   establishing minimum standards for the construction, equipment,   maintenance, and operation of county jails;                (2)  adopt reasonable rules and procedures   establishing minimum standards for the custody, care, and treatment   of prisoners;                (3)  adopt reasonable rules establishing minimum   standards for the number of jail supervisory personnel and for   programs and services to meet the needs of prisoners;                (4)  adopt reasonable rules and procedures   establishing minimum requirements for programs of rehabilitation,   education, and recreation in county jails;                (5)  regularly review the commission's rules and   procedures and revise, amend, or change the rules and procedures if   necessary;                (6)  provide to local government officials   consultation on and technical assistance for county jails;                (7)  review and comment on plans for the construction   and major modification or renovation of county jails;                (8)  require that the sheriff and commissioners of each   county submit to the commission, on a form prescribed by the   commission, an annual report on the conditions in each county jail   within their jurisdiction, including all information necessary to   determine compliance with state law, commission orders, and the   rules adopted under this chapter;                (9)  review the reports submitted under Subdivision (8)   and require commission employees to inspect county jails regularly   to ensure compliance with state law, commission orders, and rules   and procedures adopted under this chapter;                (10)  adopt a classification system to assist sheriffs   and judges in determining which defendants are low-risk and   consequently suitable participants in a county jail work release   program under Article 42.034, Code of Criminal Procedure;                (11)  adopt rules relating to requirements for   segregation of classes of inmates and to capacities for county   jails;                (12)   adopt a policy for gathering and distributing to   jails under the commission's jurisdiction information regarding:                      (A)  common issues concerning jail   administration;                      (B)  examples of successful strategies for   maintaining compliance with state law and the rules, standards, and   procedures of the commission; and                      (C)  solutions to operational challenges for   jails;                (13)  report to the Texas Correctional Office on   Offenders with Medical or Mental Impairments on a jail's compliance   with Article 16.22, Code of Criminal Procedure;                (14)  adopt reasonable rules and procedures   establishing minimum requirements for a county jail to:                      (A)  determine if a prisoner is pregnant;                      (B)  ensure that the jail's health services plan   addresses :                             (i)   medical care, including obstetrical and   gynecological care ;                             (ii)   [ , ] mental health care, including a   requirement that each prisoner who is pregnant or has given birth in   the preceding year be screened for depression:                                   (a)     once each trimester during the   pregnancy;                                   (b)     once during the six-week period   after giving birth; and                                   (c)     at 6 and 12 months after giving   birth;                             (iii)   nutritional requirements ; [ , ] and                             (iv)   any special housing or work assignment   needs for prisoners who are known or determined to be pregnant; and                      (C)  identify when a pregnant prisoner is in labor   and provide appropriate care to the prisoner, including promptly   transporting the prisoner to a local hospital;                (15)  provide guidelines to sheriffs regarding   contracts between a sheriff and another entity for the provision of   food services to or the operation of a commissary in a jail under   the commission's jurisdiction, including specific provisions   regarding conflicts of interest and avoiding the appearance of   impropriety;                (16)  adopt reasonable rules and procedures   establishing minimum standards for prisoner visitation that   provide each prisoner at a county jail with a minimum of two   in-person, noncontact visitation periods per week of at least 20   minutes duration each;                (17)  require the sheriff of each county to:                      (A)  investigate and verify the veteran status of   each prisoner by using data made available from the Veterans   Reentry Search Service (VRSS) operated by the United States   Department of Veterans Affairs or a similar service; and                      (B)  use the data described by Paragraph (A) to   assist prisoners who are veterans in applying for federal benefits   or compensation for which the prisoners may be eligible under a   program administered by the United States Department of Veterans   Affairs;                (18)  adopt reasonable rules and procedures regarding   visitation of a prisoner at a county jail by a guardian, as defined   by Section 1002.012, Estates Code, that:                      (A)  allow visitation by a guardian to the same   extent as the prisoner's next of kin, including placing the   guardian on the prisoner's approved visitors list on the guardian's   request and providing the guardian access to the prisoner during a   facility's standard visitation hours if the prisoner is otherwise   eligible to receive visitors; and                      (B)  require the guardian to provide the sheriff   with letters of guardianship issued as provided by Section   1106.001, Estates Code, before being allowed to visit the prisoner;                (19)  adopt reasonable rules and procedures to ensure   the safety of prisoners, including rules and procedures that   require a county jail to:                      (A)  give prisoners the ability to access a mental   health professional at the jail or through a telemental health   service 24 hours a day or, if a mental health professional is not at   the county jail at the time, then require the jail to use all   reasonable efforts to arrange for the inmate to have access to a   mental health professional within a reasonable time;                      (B)  give prisoners the ability to access a health   professional at the jail or through a telehealth service 24 hours a   day or, if a health professional is unavailable at the jail or   through a telehealth service, provide for a prisoner to be   transported to access a health professional; and                      (C)  if funding is available under Section   511.019, install automated electronic sensors or cameras to ensure   accurate and timely in-person checks of cells or groups of cells   confining at-risk individuals; and                (20)  adopt reasonable rules and procedures   establishing minimum standards for the quantity and quality of   feminine hygiene products, including tampons in regular and large   sizes and menstrual pads with wings in regular and large sizes,   provided to a female prisoner.          SECTION 3.  Not later than December 1, 2023, the Commission   on Jail Standards shall adopt the rules and procedures required by   Section 511.009(a), Government Code, as amended by this Act.          SECTION 4.  This Act takes effect September 1, 2025.