HB 3721 Introduced

Relating to a study by the Texas Department of Criminal Justice concerning the transparency, oversight, and accountability of the use of the restrictive housing, security threat groups, and certain disciplinary measures 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to a study by the Texas Department of Criminal Justice

 

concerning the transparency, oversight, and accountability of the

 

use of the restrictive housing, security threat groups, and certain

 

disciplinary measures

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  TITLE. This bill shall be known as the

 

Restrictive Housing / Solitary Confinement Standards and Reporting

 

Act.

 

       SECTION 2.  PURPOSE. The purpose of this bill is to enhance

 

transparency, oversight, and accountability regarding the use of

 

solitary confinement, also known as restrictive housing, STG, G4,

 

G5, ALU, and Death Row in TDCJ correctional facilities.  The goal is

 

to track progress in improving standards for the treatment of

 

individuals in all forms of restrictive housing/solitary

 

confinement to ensure that correctional institutions uphold the

 

mental, physical, and rehabilitative well-being of those

 

incarcerated.

 

       SECTION 3.  DEFINITIONS. For the purposes of this Act:

 

       (a)  Restrictive Housing includes all forms of solitary

 

confinement in TDCJ (G4, G5, STG, ALU, and Death Row).  It refers to

 

the practice of placing an inmate in a physically isolated cell or

 

unit, with limited or no social interaction, with restrictions on

 

the amount of time outside the cell, and access to rehabilitative

 

programs or services.

 

       (b)  Restricted Housing refers to a similar form of

 

confinement as above, involving isolation with limited privileges,

 

often used for inmates who pose a risk to safety or security.

 

       (c)  Rehabilitative Programs refer to activities or services

 

aimed at improving the behavioral, psychological, educational, and

 

vocational outcomes for individuals incarcerated in solitary

 

confinement.

 

       (d)  Mental Health Diagnoses include any recognized

 

condition affecting the mental or emotional health of an

 

individual, such as anxiety disorders, depression, and

 

schizophrenia, among others.

 

       (e)  Medical or Psychiatric Emergencies refers to situations

 

where an individual in solitary confinement experiences severe

 

mental or physical distress that requires immediate medical or

 

psychiatric attention.

 

       SECTION 4.  DATA COLLECTION AND REPORTING REQUIREMENTS. The

 

Department of Corrections and Rehabilitation shall collect

 

comprehensive data to monitor and evaluate the use of solitary

 

confinement, also known as restricted housing.  This data will be

 

used to track progress toward improving the conditions, standards,

 

and overall impact of solitary confinement placements.  An annual

 

report shall be submitted to the Legislature containing data

 

including personal information, reasons for placement, program

 

access, staffing ratios, duration, facility utilization, mental

 

health impacts, and appeal outcomes.

 

       SECTION 5.  COMPLIANCE AND ENFORCEMENT. The Department

 

shall ensure the accuracy and timeliness of the data collected

 

under this Act.  Non-compliance will result in corrective actions

 

and potential independent audits.  Any individual found to have

 

been wrongfully placed in solitary confinement or subjected to

 

prolonged confinement without just cause shall have legal recourse.

 

       SECTION 6.  IMPLEMENTATION. The Department of Corrections

 

and Rehabilitation shall begin implementing the provisions of this

 

Act within six months of the date of its enactment.  Necessary

 

adjustments to data collection systems, staff training, and

 

reporting protocols shall be completed in a timely manner.

 

       SECTION 8.  This Act shall take effect on September 5, 2025,

 

or as soon as possible thereafter. 

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