85R20647 JRR-F     By: Coleman, Springer H.B. No. 4117     Substitute the following for H.B. No. 4117:     By:  Thierry C.S.H.B. No. 4117       A BILL TO BE ENTITLED   AN ACT   relating to the provision of telemental health services to   prisoners confined in county jails, including the creation of the   county jail telemental health fund, and to certain rules and   procedures relating to the safety of those prisoners.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 511.009(a), Government Code, as amended   by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. 634), Acts   of the 84th Legislature, Regular Session, 2015, is reenacted and   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;                (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)  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;                (21) [(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;                (22) [(20)]  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;   and                (23)  adopt reasonable rules and procedures to ensure   the safety of prisoners, including rules and procedures that   require a county jail to have the ability to access a mental health   professional on site or through a telemental health service 24   hours a day.          SECTION 2.  Chapter 511, Government Code, is amended by   adding Section 511.019 to read as follows:          Sec. 511.019.  COUNTY JAIL TELEMENTAL HEALTH FUND. (a) The   county jail telemental health fund is a dedicated account in the   general revenue fund.          (b)  The county jail telemental health fund consists of:                (1)  appropriations of money to the fund by the   legislature; and                (2)  gifts, grants, including grants from the federal   government, and other donations received for the fund.          (c)  Money in the fund may be appropriated only to the   commission to pay for programs, training, and capital improvements   necessary to implement or improve telemental health services in a   county jail with a certified capacity of 96 prisoners or fewer.          (d)  The commission by rule may establish a grant program to   provide grants to counties to fund programs, training, or capital   improvements in a county jail described by Subsection (c).          SECTION 3.  Not later than September 1, 2018, the Commission   on Jail Standards shall adopt the rules and procedures required by   Section 511.009(a)(23), Government Code, as added by this Act. On   and after September 1, 2020, a county jail shall comply with any   rule or procedure adopted by the Commission on Jail Standards under   that section.          SECTION 4.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 5.  This Act takes effect September 1, 2017.