HB4642 - Relating to standards for the out-of-state confinement of county prisoners.

  89R19063 BCH-F     By: González of El Paso H.B. No. 4642     Substitute the following for H.B. No. 4642:     By:  Bell of Montgomery C.S.H.B. No. 4642       A BILL TO BE ENTITLED   AN ACT   relating to standards for the out-of-state confinement of county   prisoners.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          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, 2025.