HB3644 - Relating to the verification of the veteran status of inmates and prisoners.

  89R5382 BCH-D     By: Romero, Isaac H.B. No. 3644       A BILL TO BE ENTITLED   AN ACT   relating to the verification of the veteran status of inmates and   prisoners.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 8(a), Article 42.09, Code of Criminal   Procedure, is amended to read as follows:          (a)  A county that transfers a defendant to the Texas   Department of Criminal Justice under this article shall deliver to   an officer designated by the department:                (1)  a copy of the judgment entered pursuant to Article   42.01, completed on a standardized felony judgment form described   by Section 4 of that article;                (2)  a copy of any order revoking community supervision   and imposing sentence pursuant to Article 42A.755, including:                      (A)  any amounts owed for restitution, fines, and   court costs, completed on a standardized felony judgment form   described by Section 4, Article 42.01; and                      (B)  a copy of the client supervision plan   prepared for the defendant by the community supervision and   corrections department supervising the defendant, if such a plan   was prepared;                (3)  a written report that states the nature and the   seriousness of each offense and that states the citation to the   provision or provisions of the Penal Code or other law under which   the defendant was convicted;                (4)  a copy of the victim impact statement, if one has   been prepared in the case under Subchapter D, Chapter 56A;                (5)  a statement as to whether there was a change in   venue in the case and, if so, the names of the county prosecuting   the offense and the county in which the case was tried;                (6)  if requested, information regarding the criminal   history of the defendant, including the defendant's state   identification number if the number has been issued;                (7)  a copy of the indictment or information for each   offense;                (8)  a checklist sent by the department to the county   and completed by the county in a manner indicating that the   documents required by this subsection and Subsection (c) accompany   the defendant;                (9)  if prepared, a copy of a presentence or   postsentence report prepared under Subchapter F, Chapter 42A;                (10)  a copy of any detainer, issued by an agency of the   federal government, that is in the possession of the county and that   has been placed on the defendant;                (11)  if prepared, a copy of the defendant's Texas   Uniform Health Status Update Form;                (12)  a written description of a hold or warrant,   issued by any other jurisdiction, that the county is aware of and   that has been placed on or issued for the defendant; [ and ]                (13)  a copy of any mental health records, mental   health screening reports, or similar information regarding the   mental health of the defendant ; and                 (14)     the veteran status of the defendant as determined   by an investigation conducted in accordance with Section   511.009(a)(17)(A), Government Code .          SECTION 2.  Section 501.024(b), Government Code, is amended   to read as follows:          (b)  The department shall:                (1)  in consultation with the Texas Veterans   Commission, investigate and verify the veteran status of each   inmate by using the best available federal data; and                (2)  use the data described by Subdivision (1) to   assist inmates who are veterans in applying for federal benefits or   compensation for which the inmates may be eligible under a program   administered by the United States Department of Veterans Affairs ,   including mailing any related paperwork, application, or other   correspondence on behalf of and at no charge to the inmate .          SECTION 3.  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 medical care, including obstetrical and gynecological   care, mental health care, nutritional requirements, and 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 during the intake process 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 , including providing the prisoner on verification of the   prisoner's veteran status with a prepaid postcard that is supplied   by the Texas Veterans Commission for purposes of requesting   assistance in applying for veterans benefits ;                       (C)     submit a daily report identifying each   prisoner whose veteran status was verified under Paragraph (A)   during the previous day to the Texas Veterans Commission and, as   applicable, the veterans county service officer for the county and   each court in which charges against a prisoner identified in the   report are pending; and                       (D)     allow for a prisoner whose veteran status has   been verified under Paragraph (A) to have in-person or video   visitation with the veterans county service officer for the county   or a peer service coordinator at no cost to the prisoner;                (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 [Text truncated for display. 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