People with intellectual or developmental disabilities often experience significant and unique obstacles in the criminal legal system. It is necessary to identify people with such disabilities who are arrested and detained in county jails so they can be provided with appropriate services and care.
HB 2831 (Author: White, Spiller | Sponsor: Miles), Relating to the confinement in county jail of persons with intellectual or developmental disabilities. By January 1, 2022, the Texas Commission on Jail Standards (TCJS) must establish a 13-member advisory committee to gather and review data, as well as develop recommendations and guidelines for sheriffs and counties, on the incarceration of people with intellectual or developmental disabilities (IDD) in county jails. By December 1 of even-numbered years, beginning in 2022, the advisory committee must submit a report to the legislature with its recommendations for legislative or other action.
Additionally, TCJS and the advisory committee must assess each county jail’s ability to properly identify people with IDD and assist jails in improving their intake processes. The advisory committee must also periodically update TCJS’s intake screening form to reflect the above-mentioned recommendations. By December 1, 2022, TCJS and the advisory committee must submit a report to the legislature and each sheriff on identified deficiencies in intake processes and recommendations for improvement.
Separately, TCJS and the Texas Commission on Law Enforcement – with the assistance of the advisory committee – must, by January 1, 2022, develop a program for county jailers, with at least 4 hours of education and training on interacting with people with IDD in county jails, including assessment techniques.
Note: The advisory committee consists of one representative of the following agencies: TCJS, the Department of State Health Services, the Health and Human Services Commission (specifically a person with expertise in IDD), the Texas Commission on Law Enforcement, and the Texas Correctional Office on Offenders with Medical or Mental Impairments; one sheriff each of a large and small county; two representatives of statewide organizations that advocate for individuals with IDD; one mental health professional with a focus on trauma and IDD; one representative from a state supported living center; one person who has IDD or whose family member does; and one person who represents the public. Signed by the Governor; effective on 9/1/2021