reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter C. Miscellaneous Programs › Section 499.053. Transfers From Texas Juvenile Justice Department or Post-Adjudication Secure Correctional Facility

Sec. 499.053.  TRANSFERS FROM TEXAS JUVENILE JUSTICE DEPARTMENT OR POST-ADJUDICATION SECURE CORRECTIONAL FACILITY.  (a)  In this section, "post-adjudication secure correctional facility" has the meaning assigned by Section 152.00011, Human Resources Code.
(a-1)  The department shall accept persons transferred to the department from:
(1)  the Texas Juvenile Justice Department under Section 245.151, Human Resources Code; or
(2)  a post-adjudication secure correctional facility under Section 152.00161, Human Resources Code.
(b)  A person transferred to the department from the Texas Juvenile Justice Department or from a post-adjudication secure correctional facility is entitled to credit on the person's sentence for the time served in the custody of the Texas Juvenile Justice Department or the juvenile board or local juvenile probation department, as applicable.
(c)  All laws relating to good conduct time and eligibility for release on parole or mandatory supervision apply to a person transferred to the department by the Texas Juvenile Justice Department or by a juvenile board or local juvenile probation department that operates the post-adjudication secure correctional facility as if the time the person was detained in a detention facility and the time the person served in the custody of the Texas Juvenile Justice Department or the juvenile board or local juvenile probation department was time served in the custody of the department.
(d)  A person transferred from the Texas Juvenile Justice Department or a post-adjudication secure correctional facility for the offense of capital murder shall become eligible for parole as provided in Section 508.145(d) for an offense listed in Article 42A.054, Code of Criminal Procedure, or an offense for which a deadly weapon finding has been made.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.053 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 799, Sec. 2, eff. June 18, 1993;  Acts 2001, 77th Leg., ch. 1297, Sec. 57, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.013, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.50, eff. January 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 854 (S.B. 1149), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter C. Miscellaneous Programs › Section 499.054. Sex Offender Treatment Program

Sec. 499.054.  SEX OFFENDER TREATMENT PROGRAM.  (a)  In this section, "sex offender treatment program" means a comprehensive treatment program that:
(1)  psychologically evaluates inmates who are serving a sentence for an offense described by Section 12.42(c)(2), Penal Code;
(2)  addresses the motivation and psychosocial education of inmates described by Subdivision (1); and
(3)  provides relapse prevention training for inmates described by Subdivision (1), including interruption of cognitive and behavioral patterns that have led the inmate to commit criminal offenses.
(b)  The department shall establish a sex offender treatment program to treat inmates who are serving sentences for offenses punishable under Section 21.02(h) or 22.021(f), Penal Code.  The department shall require an inmate described by this subsection to participate in and complete the sex offender treatment program before being released from the department.
(c)  The department may establish a sex offender treatment program to treat inmates other than those inmates described by Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.09, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter C. Miscellaneous Programs › Section 499.055. Population Management Based on Inmate Health

Sec. 499.055.  POPULATION MANAGEMENT BASED ON INMATE HEALTH.  The department shall adopt policies designed to manage inmate population based on similar health conditions suffered by inmates.  The policies adopted under this section must maximize organizational efficiencies and reduce health care costs to the department by housing inmates with similar health conditions in the same unit or units that are, if possible, served by or located near one or more specialty health care providers most likely to be needed for the treatment of the health condition.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 65.01, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter D. Allocation Formulas › Section 499.071. Scheduled Admissions Policy

Sec. 499.071.  SCHEDULED ADMISSIONS POLICY.  The board shall adopt and enforce a scheduled admissions policy that requires the department to:
(1)  review documents received under Section 8(a) or (c), Article 42.09, Code of Criminal Procedure, and certify the documents or notify the county that the documents require corrective action within the time period required by Section 8(b) of that article; and
(2)  accept persons within the time period required by Section 499.1215(b).
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a).  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.01, eff. Dec. 1, 1991;  Acts 1993, 73rd Leg., ch. 988, Sec. 4.05, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 321, Sec. 1.060, eff. June 7, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1122 (H.B. 2620), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter D. Allocation Formulas › Section 499.072. Location of Central Prison Unit

Sec. 499.072.  LOCATION OF CENTRAL PRISON UNIT.  (a)  The department shall conduct a feasibility study of relocating the Central Prison Unit and the adjoining prison housing units from their current location in Sugar Land, Texas, to a location that more appropriately addresses the needs of the correctional system.
(b)  If relocation is determined to be in the best interest of the correctional system and the City of Sugar Land, during the course of the study the department shall examine:
(1)  the costs and benefits of relocating the Central Prison Unit and the adjoining prison housing units;
(2)  appropriate measures to ensure that adequate easements are granted to allow development of surrounding property; and
(3)  an anticipated timeline for the relocation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 22, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.101. Existing Units

Sec. 499.101.  EXISTING UNITS.  (a)  The maximum capacities for the units in the institutional division are as follows:
Beto I3,000Beto II888Boyd1,012Briscoe1,012Central720Clemens851Clements2,200Coffield3,000Daniel1,012Darrington1,610Diagnostic1,365Eastham2,050Ellis I1,900Ellis II2,260Ferguson2,100Gatesville1,571Goree1,058Hightower1,012Hilltop761Hobby1,012Hughes2,264Huntsville1,705Jester I323Jester II378Jester III908Lewis1,012McConnell2,264Michael2,264Mountain View718Pack I864Pack II1,088Panpa1,012Ramsey I1,400Ramsey II850Ramsey III1,000Retrieve770Roach1,012Robertson2,264Smith1,012Stiles2,264Terrell2,264Torres1,012Wynne2,300
(b)  It is the intent of the legislature that as case law evolves and indicates that maximum capacities established under Subsection (a) may be increased, the staff of the institutional division shall use the procedures established by this subchapter to increase those capacities.  There shall be no cause of action against the institutional division for failure to take action under this subsection.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.103. Notice to Inmates

Sec. 499.103.  NOTICE TO INMATES.  (a)  The director of the institutional division shall prominently display in areas accessible to inmates housed in a unit for which the staff has recommended an increase in capacity copies of the recommendation and findings accompanying the recommendation.
(b)  The board shall establish a process by which inmates may comment on the recommendations and ensure that a written summary of inmate comments is available to each individual or entity that makes a determination under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.104. Officers' Review and Recommendation

Sec. 499.104.  OFFICERS' REVIEW AND RECOMMENDATION.  The executive director of the department, the director of the institutional division, the deputy director for operations, the deputy director for finance, the deputy director for health services, and the assistant director for classification and treatment shall independently review staff recommendations for an increase in the maximum capacity of a unit and the written findings accompanying the recommendation.  Not later than the 30th day after the date of accepting the comments of the other officers, if the executive director agrees that the new maximum capacity for the unit is supported by the findings, the executive director shall forward the recommendation and findings to the board.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.105. Board Review and Recommendation

Sec. 499.105.  BOARD REVIEW AND RECOMMENDATION.  The board shall review the recommendation and findings forwarded to the board under Section 499.104. Not later than the 60th day after the date the board receives the recommendation and findings, the board shall reject the recommendation or accept or modify the recommendation and forward the recommendation or modified recommendation and findings to the governor.  The board may not modify the recommendation by increasing the maximum capacity specified in the recommendation.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.106. Governor's Review and Recommendation

Sec. 499.106.  GOVERNOR'S REVIEW AND RECOMMENDATION.  The governor shall review the recommendation and findings forwarded to the governor under Section 499.105. The governor shall determine whether population pressures otherwise making an increase in maximum capacity necessary may instead be ameliorated by other measures, including the use of community corrections programs.  Not later than the 30th day after the date the governor receives the recommendation and findings, the governor shall reject the recommendation or accept the recommendation and forward the recommendation and findings to the attorney general.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.107. Attorney General Review; Board Decision

Sec. 499.107.  ATTORNEY GENERAL REVIEW;  BOARD DECISION.  (a)  The attorney general shall review the recommendation and findings forwarded to the attorney general under Section 499.106 to determine whether the institutional division may confine the number of inmates permitted under the recommended new maximum capacity and be in compliance with state and federal law.  In conducting the review under this section, the attorney general may request additional information from the institutional division and conduct on-site inspections of the institutional division.  Not later than the 30th day after the date the attorney general receives the recommendation and findings, the attorney general shall approve or disapprove the recommendations and findings.  If the attorney general approves the recommendations and findings, the attorney general shall notify the board of the approval, and on receiving the approval the board may establish a new maximum capacity for the unit.  The attorney general may make the approval conditional and subject to further monitoring by the attorney general.  The maximum capacity of a unit may not be increased if the attorney general determines that the increase would violate state or federal law.
(b)  The institutional division may request that the board increase or decrease the new maximum capacity of a unit, but the board may not increase the new maximum capacity without following all procedures required by Sections 499.102-499.106 and by Subsection (a), and except as provided by Subsection (c) may not decrease the new maximum capacity without following the procedures required by Sections 499.103-499.106.
(c)  The board may decrease a new maximum capacity without following the procedures listed in Subsection (b) only for the purposes of allowing single-celling flexibility or to repair minor structural deficiencies, provided that the decrease does not continue in effect for longer than 60 days.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.108. Capacity for New Units

Sec. 499.108.  CAPACITY FOR NEW UNITS.  (a)  Before construction begins on a unit of the institutional division for which construction was not approved before January 1, 1991, the board shall establish a maximum capacity for the unit.
(b)  Maximum capacity for a unit must be established under this section in the same manner as maximum capacity for a unit is increased under Sections 499.102, 499.104, 499.105, 499.106, and 499.107, except that time limits on official actions imposed by those sections do not apply.
(c)  This section does not apply to a 2,250-bed (Michael-type) unit or a 1,012-bed (Daniel-type) unit, approved on or after January 1, 1991, unless the design for the unit is significantly altered or space in the unit is reduced.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.109. System Capacity

Sec. 499.109.  SYSTEM CAPACITY.  (a)  The inmate population of the institutional division may not exceed 100 percent of the combined capacities of each unit in the division, as determined by this subchapter.
(b)  The attorney general may authorize the institutional division to increase the inmate population of the division above 100 percent, but only if:
(1)  the staff determines through written findings that the population may be increased without limiting the ability of the division to transfer inmates between units as necessary for classification, medical, and security purposes;  and
(2)  the administration of the department, the board, and the governor approve of the increase, in the same manner as increases in capacity of individual units are approved under Sections 499.104, 499.105, and 499.106.
(c)  If the attorney general authorizes the institutional division to increase the inmate population of the division above 100 percent, the institutional division shall distribute the additional admissions permitted by the increase among counties or groups of counties in the same manner as regular admissions are distributed under the allocation formula.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.  Amended by Acts 1995, 74th Leg., ch. 318, Sec. 71, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter E. Unit and System Capacity › Section 499.110. Administrative Procedure Act

Sec. 499.110.  ADMINISTRATIVE PROCEDURE ACT.  Subchapter B, Chapter 2001, applies to all reviews, recommendations, and decisions made under Sections 499.102-499.109.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.062, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter F. Procedures for Reducing County Jail Backlog › Section 499.121. Legislative Declaration; Mandamus

Sec. 499.121.  LEGISLATIVE DECLARATION;  MANDAMUS.  (a)  The legislature declares that until September 1, 1995, the institutional division shall continue to perform its duty to accept inmates only as provided by the allocation formula established under Section 499.071.
(b)  The legislature declares that until September 1, 1995, a county shall continue to perform its duty to confine and maintain under suitable conditions and at the county's own expense each inmate eligible for transfer from the county to the institutional division, until the date the inmate is actually accepted into custody by the institutional division.  This subsection does not take effect if the County of Nueces et al. v. Texas Board of Corrections et al., in the 250th Judicial District Court of Travis County, Texas, Cause No. 452,071 and Harris County, Texas v. the State of Texas, et al., in the 126th District Court of Travis County, Texas, Cause No. 475,468 are settled by written agreement on or before the 31st day after the effective date of this article.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1122 (H.B. 2620), Sec. 4, eff. June 18, 2023.
(d)  The duties provided by this subchapter may be enforced by an action in mandamus.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff. Aug. 29, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1122 (H.B. 2620), Sec. 4, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter F. Procedures for Reducing County Jail Backlog › Section 499.1215. Transfer to Department; Compensation to Counties

Sec. 499.1215.  TRANSFER TO DEPARTMENT; COMPENSATION TO COUNTIES.  (a)  In this section, "cost of confinement" means the amount that would have been incurred by the department to confine a person.  The term does not include costs for medical, behavioral, or pharmaceutical care.
(b)  The department shall take custody of a person awaiting transfer to the department following conviction of a felony and sentencing to death or to a term of imprisonment in the department or confinement in a state jail not later than the 45th day following the date on which all documents required by Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure, have been certified as required by Section 8(b) of that article.
(c)  If the department does not take custody of a person within the period prescribed by Subsection (b), the department shall compensate the county for the cost of confinement for each day the person remains confined in the county jail following the expiration of that period.
(d)  If a person remains confined in the county jail following the expiration of the period prescribed by Subsection (b) due to a delay caused by the county:
(1)  the county is not entitled to compensation under Subsection (c) for any day that the person remains confined due to the delay caused by the county; and
(2)  the county and the department shall arrange to transfer the person to the department as soon as practicable after the delay.
Added by Acts 2023, 88th Leg., R.S., Ch. 1122 (H.B. 2620), Sec. 2, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter F. Procedures for Reducing County Jail Backlog › Section 499.122. Inmate Count

Sec. 499.122.  INMATE COUNT.  The Commission on Jail Standards shall analyze monthly the population of each jail in this state that is the jail for a qualifying county and determine the number of inmates confined in the jail who are awaiting transfer to the institutional division following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom all paperwork and processing required under Section 8(a), Article 42.09, Code of Criminal Procedure, for transfer have been completed.  The commission may not consider in determining the population of the jail under this section any inmate who is in the jail after having been transferred from another jail and for whom the commission has made payment under this subchapter.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff. Aug. 29, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter F. Procedures for Reducing County Jail Backlog › Section 499.123. Payment

Sec. 499.123.  PAYMENT.  (a)  Not later than the 32nd day after the effective date of this subchapter, the Commission on Jail Standards shall determine for each jail in this state that is the jail for a qualifying county the number of inmates confined in the jail on April 1, 1991, who were awaiting transfer to the institutional division following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom paperwork and processing required under Section 8(a), Article 42.09, Code of Criminal Procedure, for transfer had been completed on that date.
(b)  A qualifying county is entitled to payment from the Commission on Jail Standards as compensation to the county for confining the number of inmates determined as ready for transfer under Subsection (a) at an amount per inmate to be determined by dividing into $11.5 million the total number of inmates in jails that are the jails for qualifying counties under Subsection (a) confined by qualifying counties.  The commission shall make the payment under this subsection on or before January 15, 1992.
(c)  Not later than September 10, 1993, the Commission on Jail Standards shall determine for each jail in this state that is the jail for a qualifying county the number of inmates confined in the jail on September 1, 1993, who were awaiting transfer to the institutional division following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom paperwork and processing required under Section 8(a), Article 42.09, Code of Criminal Procedure, for transfer had been completed, as determined under Section 499.122, on that date.
(d)  A qualifying county is entitled to payment from the Commission on Jail Standards as compensation to the county for confining the number of inmates determined as ready for transfer under Subsection (c) at an amount per inmate to be determined by dividing the total number of inmates in county jails that are the jails for qualifying counties under Subsection (c) confined by qualifying counties into $11.5 million.  The commission shall make the payment under this subsection on or before January 15, 1994.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff. Aug. 29, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter F. Procedures for Reducing County Jail Backlog › Section 499.124. Emergency Overcrowding Relief

Sec. 499.124.  EMERGENCY OVERCROWDING RELIEF.  (a)  From the effective date of this subchapter until August 31, 1993, for each month in which the number of inmates confined in a jail that is the jail for a qualifying county who are awaiting transfer to the institutional division following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom paperwork and processing required under Section 8(a), Article 42.09, Code of Criminal Procedure, for transfer have been completed, as determined under Section 499.122, is greater than 50 percent of the number of such inmates confined in the jail on April 1, 1991, as determined under Section 499.123, the Commission on Jail Standards shall pay to a qualifying county for each inmate in excess of 50 percent but less than or equal to 210 percent of the April 1, 1991, number for each day of confinement the sum of $20, and for each inmate in excess of 210 percent of the April 1, 1991, number for each day of confinement the sum of $30.
(b)  From September 1, 1993, until September 1, 1995, for each month in which the number of inmates confined in a jail that is the jail for a qualifying county who are awaiting transfer to the institutional division following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom paperwork and processing required under Section 8(a), Article 42.09, Code of Criminal Procedure, for transfer have been completed, as determined under Section 499.122, is greater than 25 percent of the number of such inmates confined in the jail on April 1, 1991, as determined under Section 499.123, the Commission on Jail Standards shall pay to a qualifying county for each inmate in excess of 25 percent but less than or equal to 210 percent of the April 1, 1991, number for each day of confinement the sum of $20, and for each inmate in excess of 210 percent of the April 1, 1991, number for each day of confinement the sum of $30.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff. Aug. 29, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter F. Procedures for Reducing County Jail Backlog › Section 499.125. Transfer of Felony Backlog

Sec. 499.125.  TRANSFER OF FELONY BACKLOG.  (a)  If a state or federal court determines that conditions in a county jail are unconstitutional, and if on or after October 1, 1991, the percentage of inmates in the jail awaiting transfer to the institutional division is 20 percent or more of the total number of inmates in the jail, the commission shall transfer inmates from the jail to an appropriate jail, detention center, work camp, or correctional facility, but only to the extent necessary to bring the county into compliance with court orders or to reduce the percentage of inmates in the jail awaiting transfer to the institutional division to less than 20 percent of the total number of inmates in the jail.
(b)  The Commission on Jail Standards is liable to counties for payment of the costs of transportation for and maintenance of transferred inmates.  Costs paid to a county shall be paid into the treasury of the county operating the facility receiving the inmates.  The costs for maintenance of an inmate for which the commission is liable under this section are:
(1)  the actual costs, as determined by the agreement between the board and the officer or governing body authorized by law to enter into contracts, but only if Harris County, Texas v. the State of Texas, et al. in the 126th District Court of Travis County, Texas, Cause No. 475,468 is settled by written agreement on or before the 31st day after the effective date of this subchapter;  or
(2)  if the suit described by Subdivision (1) of this subsection is not settled within the period specified by the subdivision, for each inmate for each day the first $20 of actual costs and one-half of costs that are in excess of $20, with the transferring county liable to the operators of the receiving facility for all costs not paid by the state.
(c)  If the board determines that a county is not reasonably utilizing its available certified jail beds, the payments authorized by this section shall be withheld to the extent necessary to equal the cost of the unutilized beds.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff. Aug. 29, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter F. Procedures for Reducing County Jail Backlog › Section 499.126. Definition

Sec. 499.126.  DEFINITION.  (a)  In this subchapter, "qualifying county" means a county that:
(1)  on or after the effective date of this subchapter does not initiate or become a party to a suit against the state or a state agency or state official, the subject of which is the reimbursement of the county for the confinement of inmates in the county jail who are awaiting transfer to the institutional division following conviction of a felony or revocation of probation, parole, or release on mandatory supervision;  and
(2)  if, before the effective date of this subchapter, it was a party to a suit in state court described by Subdivision (1), has before the 31st day after the effective date of this subchapter:
(A)  had the county's suit vacated and dismissed by the court;
(B)  had the county's suit abated by the court, by entry of an abatement order that specifically provides that:
(i)  the suit may not be reactivated except before September 1, 1997, and except on a finding by the court that the state has substantially failed to perform a duty imposed under this subchapter;
(ii)  the county is barred from any claim for reimbursement for the cost of confining inmates on and after the effective date of this subchapter and until September 1, 1995, other than reimbursement specified in this subchapter;  and
(iii)  if the suit is not reactivated before September 1, 1997, the court shall vacate and dismiss the suit on that date;  or
(C)  had the county's suit settled by written agreement.
(b)  For the purposes of this section, a court retains jurisdiction over a case in which the court has entered an abatement order during the period in which the case is abated.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff. Aug. 29, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter G. Transfer Facilities › Section 499.156. Vocational Training

Sec. 499.156.  VOCATIONAL TRAINING.  The department shall adopt a policy under which a representative of a public or private entity, including a public or private institution of higher education, may provide vocational training on a voluntary basis to inmates confined in a transfer facility authorized under this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 719 (H.B. 3606), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 500 - Miscellaneous Disciplinary Matters › Section 500.001. Supervisory or Disciplinary Authority of Inmates

Sec. 500.001.  SUPERVISORY OR DISCIPLINARY AUTHORITY OF INMATES.  (a)  An inmate housed in a facility operated by the department or under contract with the department may not act in a supervisory or administrative capacity over another inmate.
(b)  An inmate housed in a facility operated by the department or under contract with the department may not administer disciplinary action over another inmate.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.001 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.065, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 500 - Miscellaneous Disciplinary Matters › Section 500.002. Destruction of Property

Sec. 500.002.  DESTRUCTION OF PROPERTY.  (a)  An inmate housed in a facility operated by the department or under contract with the department is liable for the inmate's intentional damage to property belonging to the state.  If more than one inmate is involved in damage to property, each inmate involved in the damage is jointly and severally liable.
(b)  The department shall establish a hearing procedure, giving consideration to the due process rights of inmates, for the adjudication of claims for property damage under this section. Damages may be awarded to the department only after a hearing and may not exceed the value of the property damaged.
(c)  If at a hearing it is determined that an inmate is liable for property damage, the department may seize the contents of inmate trust funds established for the inmate under Section 501.014.
(d)  An inmate, after exhausting all administrative remedies provided by the grievance system developed under Section 501.008, may appeal a final decision under this section by filing a petition for judicial review in a district court having jurisdiction in the county in which the alleged damages occurred.  On judicial review, the district court shall follow the rules governing judicial review of contested cases under Subchapter G, Chapter 2001.  Appeals may be taken from the district court as in other civil cases.
(e)  If an inmate fails to file a petition seeking judicial review of an adverse decision within 30 days after exhausting all administrative remedies, a district court may not review the final decision.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.002 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(54), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.066, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 500 - Miscellaneous Disciplinary Matters › Section 500.003. Gambling Prohibited

Sec. 500.003.  GAMBLING PROHIBITED.  Gambling is not permitted at any place in a facility operated by or under contract with the department where inmates are housed or worked.  An employee of the department who engages in gambling or knowingly permits gambling at any place where inmates are housed or worked is subject to immediate dismissal.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.003 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.067, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 500 - Miscellaneous Disciplinary Matters › Section 500.004. Participation in Treatment Program

Sec. 500.004.  PARTICIPATION IN TREATMENT PROGRAM.  An inmate required by law or department policy to participate in a treatment program shall participate in the program.
Added by Acts 2001, 77th Leg., ch. 403, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 500 - Miscellaneous Disciplinary Matters › Section 500.005. Rewards on Escape

Sec. 500.005.  REWARDS ON ESCAPE.  The director of the institutional division, in compliance with board policy, may offer a reward for the apprehension of an escaped inmate.  The director may determine the amount of the reward and the manner in which the reward is to be paid.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.005 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.068, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 500 - Miscellaneous Disciplinary Matters › Section 500.006. Transportation of Inmates

Sec. 500.006.  TRANSPORTATION OF INMATES.  (a)  The department shall establish policies to provide for the safe transfer of inmates.  A sheriff may transport inmates to the institutional division if the sheriff is able to perform the service as economically as if the service were performed by the division.  The institutional division is responsible for the cost of transportation of inmates to the division.
(b)  An inmate may not be transported directly from a county jail to an institutional division facility other than a designated diagnostic unit.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.006 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.069, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 500 - Miscellaneous Disciplinary Matters › Section 500.007. Testing for Controlled Substances

Sec. 500.007.  TESTING FOR CONTROLLED SUBSTANCES.  (a)  The department after consultation with the Criminal Justice Policy Council shall implement a program to randomly test, for the purpose of determining the presence of controlled substances, the breath, blood, or other bodily substances of inmates housed in facilities operated by or under contract with the department.
(b)  The department annually shall test not less than five percent of the inmates housed in facilities operated by or under contract with the department.
(c)  The department shall use the most cost-effective means possible to perform the tests required by this section, and shall actively seek grants from the federal government or other sources to expand the program created under this section.
(d)  If the department performs a test described by Subsection (a) and determines the presence of a controlled substance in an inmate, the department may in return for the cooperation of the inmate in identifying the individual who delivered the controlled substance to the inmate defer or dismiss punitive actions, including criminal prosecution, forfeiture of good conduct time or reduction in good conduct time earning status, or forfeiture of privileges, that the department could otherwise take against the inmate.
Added by Acts 1997, 75th Leg., ch. 1351, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 500 - Miscellaneous Disciplinary Matters › Section 500.008. Detection and Monitoring of Cellular Telephones

Sec. 500.008.  DETECTION AND MONITORING OF CELLULAR TELEPHONES.  (a)  The department may own and the office of inspector general may possess, install, operate, or monitor an interception device, as defined by Article 18A.001, Code of Criminal Procedure.
(b)  The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor interception devices for the department.
(c)  An investigative or law enforcement officer or other person, on request of the office of inspector general, may assist the office in the operation and monitoring of an interception of wire, oral, or electronic communications if the investigative or law enforcement officer or other person:
(1)  is designated by the executive director for that purpose; and
(2)  acts in the presence and under the direction of a commissioned officer of the inspector general.
Added by Acts 2009, 81st Leg., R.S., Ch. 1169 (H.B. 3228), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.11, eff. January 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter A. General Welfare Provisions › Section 501.001. Discrimination Against Inmates Prohibited

Sec. 501.001.  DISCRIMINATION AGAINST INMATES PROHIBITED.  The institutional division and the director of the institutional division may not discriminate against an inmate on the basis of the inmate's sex, race, color, creed, or national origin.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 500.001 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter A. General Welfare Provisions › Section 501.002. Assault by Employee on Inmate

Sec. 501.002.  ASSAULT BY EMPLOYEE ON INMATE.  If an employee of the department commits an assault on an inmate housed in a facility operated by or under contract with the department, the executive director shall file a complaint with the proper official of the county in which the offense occurred.  If an employee is charged with an assault described by this section, an inmate or person who was an inmate at the time of the alleged offense may testify in a prosecution of the offense.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1989.  Renumbered from Sec. 500.002 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.070, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter A. General Welfare Provisions › Section 501.003. Food

Sec. 501.003.  FOOD.  The department shall ensure that inmates housed in facilities operated by the department are fed good and wholesome food, prepared under sanitary conditions, and provided in sufficient quantity and reasonable variety.  The department shall hold employees charged with preparing food for inmates strictly to account for a failure to carry out this section.  The department shall provide for the training of inmates as cooks so that food for inmates may be properly prepared.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 500.003 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.071, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter A. General Welfare Provisions › Section 501.004. Clothing

Sec. 501.004.  CLOTHING.  The department shall provide to inmates housed in facilities operated by the department suitable clothing that is of substantial material, uniform make, and reasonable fit and footwear that is substantial and comfortable.  The department may not allow an inmate to wear clothing that is not furnished by the department, except as a reward for meritorious conduct.  The department may allow inmates to wear underwear not furnished by the department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 500.004 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.072, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter A. General Welfare Provisions › Section 501.005. Literacy Programs

Sec. 501.005.  LITERACY PROGRAMS.  (a)  The institutional division shall establish a program to teach reading to functionally illiterate inmates housed in facilities operated by the division.  The institutional division shall allow an inmate who is capable of serving as a tutor to tutor functionally illiterate inmates and shall actively encourage volunteer organizations to aid in the tutoring of inmates.  The institutional division, the inmate to be tutored, and the person who tutors the inmate jointly shall establish reading goals for the inmate to be tutored.  A person who acts as a tutor may only function as a teacher and advisor to an inmate and may not exercise supervisory authority or control over the inmate.
(b)  The institutional division shall require illiterate inmates housed in facilities operated by the division to receive not less than five or more than eight hours a week of reading instruction.
(c)  The institutional division shall identify functionally illiterate inmates housed in facilities operated by the division and shall inform the parole division if it determines that an inmate who is to be released to the supervision of the parole division is in need of continuing education after release from the institutional division.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 500.005 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.073, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter A. General Welfare Provisions › Section 501.0051. Receipt of Books by Mail

Sec. 501.0051.  RECEIPT OF BOOKS BY MAIL.  (a)  The department shall establish a policy that permits an inmate to receive by mail reference books and other educational materials from a volunteer organization that operates programs described by Section 501.009, regardless of whether the organization provides those programs to inmates housed in facilities operated by the department.
(b)  The department may adopt rules as necessary to implement this section, including rules to:
(1)  provide for screening of packages sent to inmates;
(2)  prohibit inmates from receiving books that might assist them in committing crimes, such as books on escaping prison; and
(3)  define the terms "reference books" and "educational materials."
Added by Acts 2009, 81st Leg., R.S., Ch. 976 (H.B. 3649), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter A. General Welfare Provisions › Section 501.006. Emergency Absence

Sec. 501.006.  EMERGENCY ABSENCE.  (a)  The institutional division may grant an emergency absence under escort to an inmate so that the inmate may:
(1)  obtain a medical diagnosis or medical treatment;
(2)  obtain treatment and supervision at a facility operated by the Health and Human Services Commission; or
(3)  attend a funeral or visit a critically ill relative.
(b)  The institutional division shall adopt policies for the administration of the emergency absence under escort program.
(c)  An inmate absent under this section is considered to be in the custody of the institutional division, and the inmate must be under physical guard while absent.
(d)  The institutional division may not grant a furlough to an inmate convicted of an offense under Section 42.072, Penal Code.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 500.006 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 10, Sec. 7, eff. March 19, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 14.36, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.074, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 657, Sec. 7, eff. June 14, 1995;  Acts 1997, 75th Leg., ch. 1, Sec. 9, eff. Jan. 28, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.11, eff. September 1, 2023.