2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0071. Complaints and Access

Sec. 511.0071.  COMPLAINTS AND ACCESS.  (a)  The commission shall prepare information of public interest describing the functions of the commission.  The commission shall make the information available:
(1)  to the public, inmates, county officials, and appropriate state agencies; and
(2)  on any publicly accessible Internet website maintained by the commission.
(a-1)  The commission shall adopt rules and procedures regarding the receipt, investigation, resolution, and disclosure to the public of complaints regarding the commission and complaints regarding jails under the commission's jurisdiction that are filed with the commission.  The commission shall:
(1)  prescribe a form or forms on which written complaints regarding the commission and complaints regarding jails under the commission's jurisdiction may be filed with the commission;
(2)  keep an information file in accordance with Section 511.0072 regarding each complaint filed with the commission regarding the commission or a jail under the commission's jurisdiction;
(3)  develop procedures for prioritizing complaints filed with the commission and a reasonable time frame for responding to those complaints and appeals of those complaints;
(4)   develop a procedure for tracking and analyzing all complaints filed with the commission, according to criteria that must include:
(A)  the reason for or origin of complaints;
(B)  the average number of days that elapse between the date on which complaints are filed, the date on which the commission first investigates or otherwise responds to complaints, and the date on which complaints are resolved;
(C)  the outcome of investigations or the resolution of complaints, including dismissals and commission actions resulting from complaints;
(D)  the number of pending complaints at the close of each fiscal year;
(E)  a list of complaint topics that the commission does not have jurisdiction to investigate or resolve;
(F)  the detailed categorization of each violation alleged in a complaint;
(G)  the comprehensive documentation of each violation alleged in a complaint; and
(H)  for a complaint for which the commission took no action, the documentation of the reason the complaint was closed without action;
(5)  regularly analyze complaints to identify trends, including trends with respect to jails with a higher than average number of complaints, to determine jails requiring additional inspections; and
(6)  regularly prepare and distribute to members of the commission and make available to the public a report containing a summary of the information compiled under Subdivisions (4) and (5).
(b)  The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability can be provided reasonable access to the commission programs.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1215, Sec. 13, eff. September 1, 2009.
(d)   The commission shall adopt rules and procedures regarding the referral of a complaint filed with the commission from or related to a prisoner to the appropriate local agency for investigation and resolution.  The commission may perform a special inspection of a facility named in the complaint to determine compliance with commission requirements.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 13, eff. September 1, 2021.
(f)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 13, eff. September 1, 2021.
(g)  The commission shall adopt rules requiring jail administrators to include in any inmate handbook and prominently display throughout the jail information regarding the procedure for complaint investigation and resolution.
(h)  The commission shall ensure that a jail complies with Subsection (g) during any inspection of the jail.
Added by Acts 1991, 72nd Leg., ch. 740, Sec. 7, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 259, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 13, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 13, eff. September 1, 2021.