Relating to the reform of solitary confinement practices and the treatment of prisoners affiliated with security threat groups in the Texas Department of Criminal Justice (TDCJ).
relating to the reform of solitary confinement practices and the
treatment of prisoners affiliated with security threat groups in
the Texas Department of Criminal Justice (TDCJ).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. PURPOSE AND FINDINGS. The Texas Legislature
finds that:
(1) The use of indefinite solitary confinement,
particularly for individuals classified as members of Security
Threat Groups (STGs), has been shown to have detrimental effects on
mental health and rehabilitation.
(2) The use of solitary confinement as a tool for
classification, rather than based on actual behavior or
disciplinary actions, is ineffective and counterproductive.
(3) It is essential to promote rehabilitation,
reintegration, and due process for all incarcerated individuals,
ensuring the protection of their constitutional rights while
maintaining public safety.
(4) Reforming the practices surrounding solitary
confinement, the classification system, and parole review
processes will better align with constitutional standards and
foster the rehabilitation of individuals incarcerated in Texas
prisons.
SECTION 2. AMENDMENT OF SOLITARY CONFINEMENT PRACTICES.
(a) Abolition of Indefinite Solitary Confinement for STG Members.
Effective September 5th, 2026, the Texas Department of Criminal
Justice (TDCJ) shall no longer use indefinite solitary confinement
(Restricted Housing, RH) for individuals solely based on their
classification as confirmed or alleged members of a Security Threat
Group (STG).
(b) Behavioral-Based RH Assignment. Effective September
5th, 2026, the Texas Department of Criminal Justice (TDCJ) shall no
longer use indefinite solitary confinement (Restricted Housing,
RH) for individuals solely based on their classification as
confirmed or alleged members of a Security Threat Group (STG).
(c) Criteria for Release from RH. Upon assignment to RH,
the individual shall be informed of clear and firm criteria for
release. If the individual meets the established criteria, they
shall be released back to the general population. TDCJ officials
shall be required to consider all relevant factors and behavior
when determining release from RH. Failure to do so will subject
officials to sanctions, including potential administrative
actions.
(d) Step-Down Program for STG Affiliates. Confirmed STG
affiliates who are found guilty of RH-eligible offenses will be
placed in a two-year step-down program designed for their gradual
return to general population after serving their RH term. Only
major offenses involving violent conduct, including serious bodily
injury or dangerous contraband, may result in an additional term of
up to two or five years.
(e) Creation of Restricted Custody General Population
(RCGP). TDCJ is directed to establish a new custody level known as
the Restricted Custody General Population (RCGP), which shall serve
as a secure alternative to solitary confinement for individuals
who:
(1) Are confirmed STG members but refuse to
participate in the step-down program.
(2) Have engaged in repeated misconduct in RH that
does not raise to the level of an RH eligible offense. RCGP shall
include provisions allowing prisoners to:
(A) Move around the facility without restraints.
(B) Participate in group recreation and contact
visits with family members.
(C) Engage in rehabilitative programs, including
educational and vocational training.
(f) Release of Long-Term RH Inmates. Any individual in RH
for any reason (&TG or non-&TG) who has been in RH for more than five
years as of January 10, 2026, and who has not committed a major
RH-eligible disciplinary infraction within the past two years,
shall be immediately released to the general population. No
individual shall be kept in RH or solitary confinement for more than
10 years.
SECTION 3. This Act takes effect September 1, 2025.