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A BILL TO BE ENTITLED
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AN ACT
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relating to restricting the use of administrative segregation by |
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the Texas Department of Criminal Justice for certain inmates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 501, Government Code, is |
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amended by adding Section 501.068 to read as follows: |
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Sec. 501.068. PROGRAM FOR CERTAIN INMATES WITH SERIOUS |
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MENTAL ILLNESS. (a) In this section, "inmate with a serious mental |
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illness" means an inmate confined by the department who has a |
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substantial disorder of thought or mood that significantly impairs |
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the inmate's judgment, behavior, capacity to recognize reality, or |
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ability to cope with the ordinary demands of life. The term |
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includes an inmate who has current symptoms of or is receiving |
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treatment for: |
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(1) any of the following Axis I diagnoses as defined by |
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the American Psychiatric Association in the Diagnostic and |
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Statistical Manual of Mental Disorders, fourth edition: |
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(A) schizophrenia, including any schizophrenia |
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subtype; |
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(B) delusional disorder; |
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(C) schizophreniform disorder; |
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(D) schizoaffective disorder; |
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(E) brief psychotic disorder; |
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(F) substance-induced psychotic disorder, other |
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than intoxication or withdrawal; |
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(G) bipolar disorder I or II; |
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(H) major depressive disorder; or |
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(I) any other psychotic disorder; |
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(2) a mental disorder that includes being actively |
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suicidal; |
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(3) a mental illness that is frequently characterized |
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by breaks with reality or perceptions of reality that lead to |
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significant functional impairment; |
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(4) an organic brain syndrome that results in |
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significant functional impairment if not treated; |
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(5) a severe personality disorder that is manifested |
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by frequent episodes of psychosis or depression and results in |
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significant functional impairment; or |
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(6) an intellectual disability with significant |
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functional impairment. |
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(b) The department, in conjunction with each managed health |
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care provider network established under Section 501.147, shall |
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establish a diversion program that is designed to: |
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(1) remove inmates with a serious mental illness from |
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administrative segregation; and |
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(2) prevent the initial placement of inmates with a |
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serious mental illness in administrative segregation. |
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(c) Each program established under this section must: |
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(1) focus on stabilizing inmates with a serious mental |
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illness by placing the inmates in less restrictive housing; and |
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(2) include policies and practices, scaled over a |
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three-year period, that will divert not less than 90 percent of |
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inmates with a serious mental illness from administrative |
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segregation to less restrictive housing. |
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(d) The department shall report to the legislature not later |
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than January 15 of each odd-numbered year the results of each |
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program, including: |
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(1) the number of program participants that |
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successfully integrate into a less restrictive housing placement; |
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(2) the recidivism rates for inmates with a serious |
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mental illness, including those that participate in each program; |
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and |
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(3) any additional data or information the legislature |
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or the department considers relevant to assessing the program. |
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SECTION 2. Subchapter C, Chapter 501, Government Code, is |
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amended by adding Section 501.0961 to read as follows: |
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Sec. 501.0961. REENTRY STEP-DOWN PROGRAM FOR CERTAIN |
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INMATES IN ADMINISTRATIVE SEGREGATION. (a) The department, in |
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conjunction with each managed health care provider network |
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established under Section 501.147, shall establish a program for |
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inmates who: |
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(1) are projected to be released or discharged from |
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the department in 180 days or less; and |
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(2) have been confined in administrative segregation |
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for at least 180 consecutive days and would otherwise remain in |
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administrative segregation until release or discharge. |
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(b) Each program established under this section must: |
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(1) house inmates described by Subsection (a) in a |
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residential, therapeutic housing unit within a correctional |
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facility in lieu of confinement in administrative segregation; |
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(2) provide clinically appropriate and habilitative |
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programs and services to the inmates with the goal of ensuring |
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successful reentry; and |
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(3) focus on building prosocial behaviors and reducing |
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the likelihood of recidivism. |
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(c) The department shall report to the legislature not later |
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than January 15 of each odd-numbered year the results of each |
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program, including the recidivism rates of inmates who participate |
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in each program. |
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SECTION 3. This Act takes effect September 1, 2015. |