90R1529 JDK-D By: González of El Paso H.B. No. 158 relating to minimum standards for county jails relating to pregnant and postpartum prisoners.
SECTION 1. Chapter 511, Government Code, is amended by adding Section 511.01055 to read as follows: Sec. 511.01055. MINIMUM STANDARDS FOR PREGNANT AND POSTPARTUM PRISONERS. (a) The commission shall adopt reasonable rules and procedures that: (1) establish minimum standards for county jails relating to conditions of confinement, clothing, nutrition, and rest for pregnant and postpartum prisoners, including standards addressing: (A) access to bathrooms, maternity hygiene products, and prenatal mattresses; (B) jail cleanliness; and (C) jail temperature; (2) require each county jail to report to the commission, in the manner prescribed by the commission: (A) the number of pregnant and postpartum prisoners confined in the jail and the number of those prisoners confined in administrative segregation; (B) the health, mental health, or general support programs offered by the jail to pregnant or postpartum prisoners; (C) the nutritional supplementation offered by the jail to pregnant or postpartum prisoners; and (D) any other information relating to pregnant and postpartum prisoners the commission determines appropriate; and (3) require external audits of each county jail every six months to determine compliance with the standards related to the care provided to pregnant and postpartum prisoners. (b) The standards adopted under Subsection (a)(1) must be based on evidence-based best practices. (c) In implementing the external audit requirement adopted under Subsection (a)(3), the commission may select and contract with the office of the independent auditor established under Section 493.0052, in conjunction with the office of the independent ombudsman of the Texas Department of Criminal Justice, or another external auditor to conduct the audits. (d) The commission shall inspect county jails to: (1) determine compliance with the standards adopted under Subsection (a)(1) and any other law relating to pregnant or postpartum prisoners; and (2) verify the information reported by a county jail under Subsection (a)(2). (e) The commission shall submit an annual report to the legislature on the implementation of and compliance by county jails with the standards adopted under Subsection (a)(1). The report must: (1) include all data collected or provided to the commission under this section during the period covered by the report; (2) identify any deficiencies in the care provided to pregnant and postpartum prisoners; and (3) include any policy recommendations relating to the care of pregnant and postpartum prisoners.
SECTION 2. As soon as practicable after the effective date of this Act, the Commission on Jail Standards shall adopt the rules and procedures required by Section 511.01055, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2027.
