By: Farias, Guillen (Senate Sponsor - Menéndez) H.B. No. 875
         (In the Senate - Received from the House May 4, 2015;
  May 5, 2015, read first time and referred to Committee on Criminal
  Justice; May 13, 2015, reported favorably by the following vote:  
  Yeas 7, Nays 0; May 13, 2015, sent to printer.)
Click here to see the committee vote
 
 
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 501.023, Government Code, as added by
  Chapter 261 (H.B. 634), Acts of the 83rd Legislature, Regular
  Session, 2013, is amended to read as follows:
         Sec. 501.023.  VERIFICATION OF INMATE VETERAN STATUS. (a)
  The department, during the diagnostic process, shall record
  information relating to an inmate's military history in the
  inmate's admission sheet and intake screening form, or any other
  similar document [In this section, "system" means the Public
  Assistance Reporting Information System (PARIS) operated by the
  Administration for Children and Families of the United States
  Department of Health and Human Services].
         (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 [made available
  from the system through the Health and Human Services Commission];
  and
               (2)  use the [system] 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.
         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)  revise, amend, or change 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)  require that the chief jailer of each municipal
  lockup submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 17 years of age
  securely detained in the lockup, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in municipal lockups;
               (13)  at least annually determine whether each county
  jail is in compliance with the rules and procedures adopted under
  this chapter;
               (14)  require that the sheriff and commissioners court
  of each county submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 17 years of age
  securely detained in the county jail, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in county jails;
               (15)  schedule announced and unannounced inspections
  of jails under the commission's jurisdiction using the risk
  assessment plan established under Section 511.0085 to guide the
  inspections process;
               (16)  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;
               (17)  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;
               (18)  adopt reasonable rules and procedures
  establishing minimum requirements for jails to:
                     (A)  determine if a prisoner is pregnant; and
                     (B)  ensure that the jail's health services plan
  addresses medical and mental health care, including nutritional
  requirements, and any special housing or work assignment needs for
  persons who are confined in the jail and are known or determined to
  be pregnant; [and]
               (19)  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; and
               (20)  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.
         SECTION 3.  This Act takes effect September 1, 2015.
 
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