House Bill No. 3618 amends Section 501.026 of the Government Code to establish new policies regarding searches of female inmates by the Texas Department of Criminal Justice. The bill mandates that searches conducted in the presence of a female inmate who is not fully clothed must be performed by a female correctional officer if available. If a male officer must conduct the search, they are required to submit a written report to the warden within 72 hours explaining the necessity of the search. Additionally, the bill introduces a policy for searches of female inmates accessing various programs, prohibiting visual body cavity searches unless exigent circumstances or reasonable suspicion warrant such actions.

The bill defines "exigent circumstances" as unforeseen situations requiring immediate action to maintain security, explicitly stating that routine access to programs does not qualify. It also clarifies what constitutes a "visual body cavity search." The Texas Department of Criminal Justice is required to adopt the new policy as soon as practicable after the bill's effective date, which will be immediate if it receives a two-thirds vote from both houses; otherwise, it will take effect on September 1, 2025.

Statutes affected:
Introduced: Government Code 501.026 (Government Code 501)