As of Jan. 1, Senate Bill 8 which was passed during the regular session of the Texas legislature, mandates that counties with jails formally work with U.S. Immigration and Customs Enforcement (ICE). County agencies will perform specific immigration enforcement duties through the 287(g) program.
The mandate permits those counties, including Hockley, to seek grants ranging from $80,000 to $140,000, with amounts determined by county population. Counties with a population of 99,999 or less can receive $100,00; counties with a population of 500,000 to 999,999 may receive $120,000; and counties with at least 1 million can receive $140,000. These funds will only be used to cover the costs that the federal government does not reimburse. Grant money may be spent over two years on the following and more items including compensation for persons performing duties under the agreement; generating and delivering reports required by the agreement, including required administrative duties; equipment and related services for peace officers and other persons related to the agreement, including the cost of repairing or replacing equipment required but not provided under the agreement; and costs to the county for confining inmates under the authority granted under the agreement.
Law enforcement mandates for jails vary, but generally involve state/ federal standards for safety (like PREA, Eighth Amendment) and operational oversight, with recent federal focus on ending private prisons (EO 14006) and state-level mandates, such as Texas requiring Sheriff-ICE 287(g) cooperation for immigration enforcement within jails, blending public safety with immigration control.
Mandates often cover facility standards, inmate treatment, use of force, and increasing cooperation with federal agencies like ICE for immigration enforcement, impacting local county jails significantly.
According to the Texas Tribune, supporters argue the measure is focused on public safety, while opponents warn it could increase racial profiling that impacts both immigrants and U.S. citizens. Other law enforcement and/ or jail facility laws going into effect include: SB1563 which amends the occupation code for the appointment of a county jailer training. In order to receive a jailer’s license, individuals must also receive training on interacting with veterans withing the criminal justice system. Those with existing licenses must complete training by Aug. 31, 2027.
SB2405 which amends government code chapter details that require annual pen packet training for county jails/employees and may be offered in person or online. A pen packet, or penitentiary packet, is a collection of documents that must be submitted to the Texas Department of Criminal Justice (TDCJ) when an individual is sentenced to a state correctional facility which are crucial for transferring inmates from county jails to state prisons and ensuring they are properly processed for intake into the TDCJ system. HB2492 amends the Code of Criminal Procedure to state “if an inmate is charged with an offense involving family violence, the inmate shall be held for four hours after their bond has been posted.”
Under SB9, the Code of Criminal Procedure, the Public Safety Report System is amended additional subsections which state the system must be configured to allow a county to integrate the public safety report system with their jail records management system (JMS) and case management system, and the Office of Court Administration (OCA) may provide grants to reimburse counties for costs related to integrating their systems.
SB9 also amends Code of Criminal Procedure by adding two subsections which state a district attorney (DA) can appeal bail decisions for certain offenses if they believe the bail is insufficient. A court of appeals must then review the bail decision and issue an order no later than 20 days after the appeal is filed. If the DA believes the initial bail is insufficient, the inmate must be held in county jail up to 20 days while the appeal is pending.
SB9, additionally covers other topics that may indirectly impact county jails including defendants with certain charges and conditions cannot be released on bail in counties with a magistrate appointed under Government Code which is titled Masters; Magistrates; Referees; Associate Judges; magistrates cannot modify bail; inmates released on bail and rearrested in another count; charitable bail organization reporting requirements; inmates charged with a felony may not be released on bail unless they have appeared before the magistrate.
SB1164 amends the Texas Health and Safety Code to make it easier to place an emergency detention order (EDO) and take a person into custody and adds that a peace officer, without a warrant, may take a person into custody, regardless of the age of the person, if the officer has reason to believe that the person has a mental illness and because of their mental illness: demonstrates severe emotional distress and deterioration in the person’s mental condition.
SB2938 amends Texas Gov Code such that Sheriffs will now be required to verify each inmate’s veteran status during the intake process. Texas Commission on Jail Standards considers the “standard intake process” to begin upon entry to the facility and ending when the inmate is placed into housing. Visitation plans must be reviewed to include visitation with veterans county service officer SB746 amends the Texas Estates Code to include “or proposed ward” in the definition of “guardian ad litem” to refine duties and clarifies court procedures to better protect wards.