Part I.
Texas Department of Public Safety
Chapter 6.
License to Carry Concealed Handgun
Subchapter B. Eligibility and Application Procedures
37 TAC §6.16
The Texas Department of Public Safety adopts an amendment
to §6.16, concerning License to Carry Concealed Handgun, without changes
to the proposed text as published in the November 13, 1998, issue of the
The justification for this section will be to inform the public they will
have two opportunities to attend scheduled classes before forfeiting the application/renewal
fee.
The amendment to subsection (I)(2)(B) provides instructor applicants two
opportunities to attend scheduled initial/renewal training before forfeiting
the $100 fee.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, §411.197,
and Texas Civil Statutes, Article 4413(29ee) §18, as amended by Acts
1997, 75th Texas Legislature, Chapter 1261.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
13, 1999.
TRD-9900195
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 2, 1999
Proposal publication date: November 13, 1998
For further information, please call: (512) 424-2135
Chapter 85.
Admission and Placement
Subchapter B. Placement Planning
37 TAC §85.35
The Texas Youth Commission (TYC) adopts a new rule §85.35,
concerning special circumstances: multiple commitment orders, without changes
to the proposed text as published in the July 24, 1998, issue of the
The justification for the new section is to provide greater protection
for the public though the effective management of youth committed to TYC under
concurrent determinate and indeterminate orders.
The new section will govern the management of youth committed to TYC under
concurrent determinate sentence and indeterminate commitment orders.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900166
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 24, 1998
For further information, please call: (512) 424-6244
Subchapter B. Special Needs Offender Programs
37 TAC §87.77, §87.83
The Texas Youth Commission (TYC) adopts the repeal of §87.77
and §87.83, concerning early transition of mentally ill and mentally
retarded youth and intensive resocialization program without changes to the
proposed text as published in the November 13, 1998, issue of the
Texas Register
(23 TexReg 11562). As a result of the agency rule review
process, these sections are being repealed because the reason for adopting
these rules no longer exists.
The repeal of these sections is justified by the reorganization of the
agency since these rules were adopted.
The repeal of §87.77, concerning intensive resocialization program
will delete references to the highly restrictive treatment program, at Giddings
State School, as the program is no longer in practice. The repeal of §87.83,
concerning early transition of mentally ill and mentally retarded youth is
being repealed because the content of the rule is contained in other sections
of this chapter.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
13, 1999.
TRD-9900164
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: November 13, 1998
For further information, please call: (512) 424-6244
37 TAC §93.1
The Texas Youth Commission (TYC) adopts an amendment to §93.1,
concerning basic youth rights, without changes to the proposed text as published
in the July 17, 1998, issue of the
Texas Register
(23 TexReg 7361).
The justification for amending the section is to provide increased safety
and security for staff and youth in TYC facilities.
The amendment allows that youth have the right to correspond freely through
the mails except when correspondence between youth presents a risk to facility
security and order. Specific detail for handling of youth mail is deleted
in this rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
the appropriate treatment and restriction of youth in custody.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900171
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 17, 1998
For further information, please call: (512) 424-6244
37 TAC §93.15
Texas Youth Commission (TYC) adopts new §93.15, concerning
youth mail with changes to the proposed text as published in the July 24,
1998, issue of the
Texas Register
(23 TexReg
7530). The new section will establish specific practices for handling youth
mail while they are in a TYC facility. Changes to the new section as proposed
include the more specific handling of adult inmate mail sent to TYC youth.
Adoption of this new section is justified because of the imminent danger
to persons and property during a facility disruption. TYC has experienced
such unrest and has determined that inmate correspondence may have contributed
significantly by influencing TYC youth to behave negatively.
The public benefit anticipated as a result of enforcing the section will
be increased safety of staff and youth in TYC facilities.
In the interest of facility security and order, for TYC youth in any residential
placement, incoming and outgoing youth mail to or from adult jail and prison
inmates will be returned to the sender unless the inmate is a family member
of the youth. Control of correspondence with non-family member inmates is
necessary to prevent the communication that might promote gang activity or
other antisocial behavior.
The new section is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
the appropriate treatment and restriction of youth in custody.
§93.15.Youth Mail.
(a)
Purpose. The purpose of this section is to establish certain
rules affecting a TYC youth's right to correspond freely through the mail
except when such correspondence presents a risk to the a facility security
and order.
(b)
Applicability.
(1)
For rules regarding mail correspondence to attorneys and
courts, see (GAP) §93.11 of this title (relating to Access to Attorneys
and Courts).
(2)
See (GAP) §93.1 of this title (relating to Basic
Youth Rights).
(c)
Youth have the right to correspond freely through the mail
subject only to limitations necessary to maintain facility safety, order,
and security.
(d)
In the interest of facility security and order, for TYC
youth in any residential placement, incoming and outgoing youth mail, to or
from adult jail and prison inmates will be returned to the sender unless the
inmate is a family member of the youth.
(e)
No incoming or outgoing youth mail will be read or censored.
Incoming mail will be opened and inspected for contraband in the presence
of the youth.
(f)
Mail containing or reflecting contraband may be rejected.
A youth whose mail has been rejected is notified.
(g)
Each TYC facility will provide for postage for three letters
per week per youth. TYC will provide an unlimited number of stamps and writing
material to youth for use in contacting attorneys or courts.
(h)
When the youth bears the mailing cost, there shall be no
limit on the volume of letters he/she may send or receive. Youth at the orientation
and assessment unit will be limited to the postage provided by TYC since they
are not allowed to have personal funds.
(i)
Youth will be encouraged to maintain contact with family
members through the mail.
(j)
Rules regarding mail will be made available to all youth
and youths' parents.
(k)
Funds for a youth received through the mail may be credited
to the youth's trust fund, except youth at Marlin Orientation and Assessment
Unit where youth shall not be allowed personal funds. Any facility may refuse
to accept money sent through the mail if not sent in accordance with facility
rules. Such money items will be returned to the sender. See (GAP) §99.31
of this title (relating to Youth Banking).
(l)
Incoming and outgoing letters are held for no more than
24 hours and packages are held for no more than 48 hours, excluding weekends
and holidays.
(m)
First class letters and packages will be forwarded to the
youth's assigned placement following transfer or release.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900172
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 24, 1998
For further information, please call: (512) 424-6244
Subchapter A. Security and Control
37 TAC §97.7
The Texas Youth Commission (TYC) adopts an amendment to §97.7,
concerning custody and supervision rating, without changes to the proposed
text as published in the July 31, 1998, issue of the
Texas Register
(24 TexReg 7738).
The justification for amending the section is to provide greater security
and protection for the general public by further limiting youth access to
the public.
The amendment will correct references to staff supervision requirements.
TYC youth with high risk ratings will have increased restrictions placed on
their access to the general public.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
the appropriate treatment/restriction of youth in custody.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900169
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 31, 1998
For further information, please call: (512) 424-6244
37 TAC §97.9
The Texas Youth Commission (TYC) adopts the repeal of §97.9,
concerning search, without changes to the proposed text as published in the
July 10, 1999, issue of the
Texas Register
(23 TexReg 7176).
The justification for the repeal is to provide increased protection for
TYC youth housed in residential facilities and for staff by establishing requirements
for searching youth, their property, and youth rooms.
The repeal will allow for the publication of a new section.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900122
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 10, 1998
For further information, please call: (512) 424-6244
The Texas Youth Commission (TYC) adopts
new §97.9, concerning search, without changes to the proposed text as
published in the July 10, 1998, issue of the
Texas
Register
(23 TexReg 7177).
The justification for amending the section is to provide increased protection
for TYC youth housed in residential facilities and for staff by establishing
requirements for searching youth, their property, and youth rooms.
The new section will require that strip searches be based on the reasonable
belief that the youth is carrying contraband. Body cavity searches will be
conducted only with specific authorization and only by medical personnel.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to adopt policies
and make rules appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900121
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 10, 1998
For further information, please call: (512) 424-6244
37 TAC §97.11
The Texas Youth Commission (TYC) adopts the repeal of §97.11,
concerning control of unauthorized items seized, without changes to the proposed
text as published in the July 24, 1998, issue of the
Texas Register
(23 TexReg 7530).
The justification for the repeal is greater security and protection for
TYC youth and staff.
The repeal will allow for the adoption of a new section.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900168
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 24, 1998
For further information, please call: (512) 424-6244
The Texas Youth Commission (TYC) adopts
new §97.11, concerning control of unauthorized items seized, with changes
to the proposed text as published in the July 24, 1998, issue of the
The justification for the new rule is to provide greater security and protection
for youth and staff though the proper control and disposition of all contraband
seized.
The new rule will provide for the preservation, control, and/or disposition
of all contraband including physical evidence obtained in connection with
a violation of law and/or a major rule violation.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
the appropriate treatment/restriction of youth in custody.
The adopted rule implements the Human Resource Code, §61.034.
§97.11.Control of Unauthorized Items Seized.
(a)
Purpose. The purpose of this policy is to provide for the
preservation, control, and/or disposition of all contraband including physical
evidence obtained in connection with a violation of law and/or major rule
violation.
(b)
Applicability. This rule applies to contraband items related
to youth in TYC residential facilities.
(c)
Contraband - Minor Rule Violation. Seized contraband consisting
of sexually explicit pictures, or items which advocate delinquent subculture
values shall be either destroyed or forwarded to the youth's parents or managing
conservator, at the youth's option unless an investigation is initiated. If
an investigation is initiated, the evidence shall be retained by the evidence
custodian until the completion of all investigations.
(d)
Contraband - Potential Evidence.
(1)
Seized contraband which constitutes a major rule violation
that may be used as evidence in a due process proceeding will be properly
identified, documented, and stored until no longer needed as evidence.
(2)
The facility administrator will designate an evidence
custodian to maintain contraband in a key-locked secure location and to ensure
a chain of custody until the item is no longer needed. The key shall be accessible
only to the facility administrator and evidence custodian.
(3)
Any staff discovering or taking possession of contraband
shall be responsible for its preservation until transferred to the appropriate
authority.
(4)
Depending on the nature of the investigation, the
evidence may be given to law enforcement authorities.
(5)
After all administrative/legal proceedings have been
concluded, the items shall be destroyed in the presence of at least two staff
members, sent to the youth's home or returned to the owner if other than a
TYC youth.
(e)
Contraband/Evidence in a Potential Crime Scene. A potential
crime scene could be an apparent death, major injury, sexual assault and/or
major property damage. The area shall be immediately secured and access prohibited
into the potential crime scene or area containing potential evidence. Staff
discovering a potential crime scene shall immediately notify the facility
administrator. Staff shall not enter the area to clean or disturb the potential
evidence, clothing, body fluids, etc. until authorized by the facility administrator.
Only investigating law enforcement personnel should handle the evidence.
(f)
Money as Contraband. Money seized as contraband will be
deposited in the trust fund of the youth from whom it is taken, unless other
ownership can be established. If ownership cannot be established, it will
be deposited in the student benefit fund.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900167
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 24, 1998
For further information, please call: (512) 424-6244
Subchapter B. Youth Funds
37 TAC §99.31
The Texas Youth Commission (TYC) adopts an amendment to §99.31,
concerning youth banking, without changes to the proposed text as published
in the July 24, 1998, issue of the
Texas Register
(23 TexReg 7532).
The justification for amending the section is to establish specific additional
procedures in managing student trust funds for youth while in TYC residential
care.
The amendment prohibits sending cash to TYC youth and establishes requirements
for sending funds in any other form to youth.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0432,
which provides the Texas Youth Commission with the authority to deposit money
which belongs to a child committed to the commission in a trust fund established
by the facility operated by the commission to which the child is assigned.
The commission has authority to adopt rules governing the administration of
the fund.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900170
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 1, 1999
Proposal publication date: July 24, 1998
For further information, please call: (512) 424-6244
Chapter 259.
New Construction Rules
The Texas Commission on Jail Standards adopts amendments to §§259.107,
259.109, 259.112, 259.114, 259.121-259.124, 259.130, 259.132, 259.136-259.140,
259.142, 259.143, 259.159, 259.162, 259.165, 259.166, concerning New Maximum
Security Design, Construction and Furnishing Requirements, §§259.208,
259.210, 259.213, 259.215, 259.222-259.225, 259.232-259.236, 259.238-259.240,
259.242, 259.255, 259.258, 259.261, 259.262, concerning New Lockup Design,
Construction and Furnishing Requirements, §§259.301, 259.306, 259.310,
259.312, 259.317-259.320, 259.325, 259.327, concerning New Medium Security
Design, Construction and Furnishing Requirements, §§259.401, 259.406,
259.412, 259.417-259.420, 259.425, 259.427, concerning New Minimum Security
Design, Construction and Furnishing Requirements, §259.602, concerning
Temporary Housing - Buildings, §§259.707, 259.709, 259.712, 259.714,
259.721, 259.722, 259.724, and 259.731, concerning New Long-Term Incarcerations
Design, Construction and Furnishing Requirements. The Texas Commission on
Jail Standards also adopts new §259.170, concerning New Maximum Security
Design, Construction and Furnishing Requirements. Sections 259.107, 259.112,
259.114, 259.121, 259.122, 259.123, 259.130, 259.132, 259.136-259.140, 259.142,
259.143, 259.159, 259.166, 259.170, 259.208, 259.213, 259.215, 259.222-259.224,
259.233-259.235, 259.236, 259.238, 259.239, 259.255, 259.262, 259.301, 259.306,
259.310, 259.312, 259.317-259.319, 259.325, 259.327, 259.401, 259.406, 259.412,
259.417-259.419, 259.425, 259.427, 259.602, 259.707, 259.712, 259.714, 259.721,
259.722, 259.724, 259.731, and new §259.170 are adopted with changes
to the proposed text as published in the October 23, 1998, issue of the
Sections 259.133, 259.141, 259.230, 259.237, and 259.725 are being withdrawn
in this issue of the
Texas Register
. Due to
the comments received, the commission has decided to leave the language as
adopted prior to the proposed changes done back in October 1998.
The following sections are also being withdrawn in this issue of the
The repeals to §§259.328-259.364 and 259.732-259.773 will be
adopted when the 30-day comment period is up on the proposed new sections.
The rules are being adopted to provide a standard that is more consistent
with the current trends in jail construction.
The following comments were received regarding the proposed changes to
Chapter 259.
Comment regarding §259.107: How do changes to Standards affect "existing"
and previously constructed facilities? What administrative rules are enforceable
or effective on "existing" or previously constructed facilities? The additional
storage space will impact cost. Is evidence storage required at each facility
or locations where an arresting officers deposit evidence? Is this intended
to provide storage for confiscated contraband? Who defines adequate space?
And how?
Staff Recommendation: See proposed change to Construction Approval Rules,
Section 257.11. The change will ensure evidence storage is provided in the
system and not at each facility.
Comment regarding §259.109: Comment: Should/shall conflict? Consider
adding chemical munitions.
Staff Recommendation: Adopt without changes. Chemical munitions is considered
tactical equipment.
Comment regarding §259.112: The idea is good, but there may be a problem
with NFPA and the percent of glazing in a fire rated corridor. Does this apply
to single cells with a common day room? How about requiring observation of
the entire housing area? Add "direct" observation.
Staff Recommendation: Adopt with changes due to the addition of the word
"direct".
Comment regarding §259.114: Is the term "systems" defined? Add "County
detention" before "systems" to better define intent. Maximum security dormitory
space should not be allowed.
Staff Recommendation: Adopt without changes. The term "system" will be
defined in Section 253. Deleting maximum security dormitory space was never
intended. Section 259.114(d) was a rewrite to clarify the original intent.
Comment:
Comment regarding §259.121: Direct passage is a security problem.
Is this a reversal of a previous idea to allow minimum security inmates contact
visits? What is "adequate". Attorneys are demanding private spaces to meet
clients. Shouldn't a visiting area be required for contact visits? The last
sentence should be deleted entirely since contact visits could allow for the
passage of paper between attorneys and inmates.
Staff Recommendation: Adopt without changes. The additional language will
allow a passage of private papers directly from an attorney to an inmate client
while still under officer supervision.
Comment regarding §259.122: Should be expanded to not access control
room through any inmate housing or activity area without a safety vestibule
at the control room. What is a sufficient number? Standards should not be
written to mandate away bad design.
Staff Recommendation: Adopt with changes due to the addition of "inmate
activity areas".
Comment regarding §259.123: Why is a cove base required? Impossible
to provide a floor finish which prevents slipping with wet greasy floors.
What does "properly" and "adequate" mean?
Staff Recommendation: Adopt with changes due to the addition of "reduce
the possibility of".
Comment regarding §259.124: Inmates should be allowed to congregate
in 250 persons or less per dining room. Does this mean a whole jail can be
fed at one time and one place cafeteria style? Dining outside the cell is
more appropriate in correctional facilities rather than jails where services
are generally brought to the inmate.
Staff recommendation: Adopt without changes. Although not common in jail
facilities, the new language will allow larger groups of inmates to dine together.
Comment regarding §259.130: This issue relates to 259.170., Negative
Pressure Cells. Eighty square feet clear is excessive for a negative pressure
cell where the individual is ambulatory. Forty square feet of floor space
seems adequate. An ante-room is required to meet respiratory isolation requirements.
What determines a ward? "Dictated" should be replaced with "recommended".
Staff Recommendation: Adopt with changes. Proposed language required infirmary
be provided.
Comment regarding §259.132: A secondary security perimeter located
at exterior exercise areas will increase cost. It is often difficult to fence
a downtown block. The physical plant cannot ensure proper supervision and
operation. Does the toilet and lavatory have to be in the recreation area?
Why not a smaller area for females? Why the difference when the maximum number
of inmates using it is probably the same? Delete "which should be adjacent
".
Staff Recommendation: Adopt with changes due to the deletion of fencing
at exterior yards.
Comment regarding §259.136: National practice indicates the standard
day room capacity serves 64 inmates. Controlling electrical outlets outside
the cell will increase costs. Previous standard allowed day rooms and sleeping
areas to be contiguous . Earlier standards required them to be adjacent. Can
the current intent be clarified? Convenient receptacles? There should be no
maximum security dormitories.
Staff Recommendation: Adopt with changes due to deleting day room space
for separation cells.
Comment regarding §259.137: While this change is reasonable when cells
are arranged linearly along a hallway, it creates wasted "day room" space
when arranging them in a podular design . The rule should be rewritten to
allow 40 square feet in the separation cells opening into day room space.
The individual showers increase costs. What is the reason for the increase
in size? Why not 65 s.f. What is the cost impact per cell...$5000. ?
Staff Recommendation: Adopt with changes due to deleting day room space
for separation cells.
Comment regarding §259.138(a): Change 12" wide seating to 16" wide.
"durable and easily cleaned", what does this mean? How does the requirement
to construct a cell which materially reduces noise effect glazing?
Staff Recommendation: Adopt without changes. Noise reduction at holding
cells was not made available for comment. Wider seating can be provided if
desired.
Comment regarding §259.138(b): Change 12" wide seating to 16" wide.
"durable and easily cleaned", what does this mean? Audible communication with
whom and how? How does the requirement to construct a cell which materially
reduces noise effect glazing? What about courts located in multilevel buildings?
The post should be continually staffed but not necessarily on that floor.
Staff Recommendation: Adopt without changes. Noise reduction, easily cleaned
surfaces, and audible communication at holding cells were not made available
for comment. Wider seating can be provided if desired.
Comment regarding §259.139: Change 2' wide bench to 2"3" wide. Stainless
steel or vitreous?
Staff Recommendation: Adopt without changes. Both detention type stainless
steel and vitreous china fixtures are manufactured.
Comment regarding §259.140: A hammock in a violent cell?
Staff Recommendation: Adopt with changes due to maintaining the use of
a hammock.
Comment regarding §259.142: Four 12 or 24 person dormitories can be
arranged around control centers utilizing a single safety vestibule and still
meet the 1:48 officer to inmate ratio.
Staff Recommendation: Adopt with changes due to the addition of "Interior".
Comment regarding §259.143: Requiring stainless steel fixtures at
the expense of china detention fixtures will increase cost. "Detention type"
is adequate description. National practice utilizes a combination of stainless
and china fixtures dependent upon classification. China fixtures have been
successfully utilized in medium security facilities. Regarding design capacity,
the above wording should state "each cell and day room combination" instead
of "each cell and day room". No dormitories in maximum security. Also 4' 8"
is a masonry dimension.
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.159: Replace "runs" with "chases". Two foot
wide chases have been utilized without any problems. What constitutes a "run"?
Must all chases be 3' wide (single fixtures)? Who determines the security
sought to be achieved?
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.162: Do more jurisdictions use Standard, Uniform
or International? Has there been an accepted consolidation of code congresses?
What is the International Plumbing Code?
Staff Recommendation: Adopt without changes. The Southern Building Code,
BOCA and International Conference of Building Officials have joined to produce
a common code. The International Plumbing Code is the first publication produced
by them jointly. The state of Texas predominantly utilize codes published
by the SBCCI and ICBO.
Comment regarding §259.165: Floor drains should be located outside
the cells and in the day room spaces. What about trough drains at laundry
facilities? Are drains provided in the chases in addition to those within
the cells? Adjacent to cell doors?
Staff Recommendation: Adopt without changes. Floor drains in day room spaces
and at cell doors are a sanitary and safety risk.
Comment regarding §259.166: Requiring lighting commensurate to the
security level may be too rigid and will influence cost. Are "maximum security",
"detention type", "inmate housing" and "inmate occupied" defined? Are light
controls for cells and day rooms which are installed in the corridor also
to be out of the reach of inmates? Means detention type lighting outside the
living areas such as multipurpose rooms, libraries, corridors, etc. ? Is there
a height distance affixed to the requirement?
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.170: Recommend ante-room be required. Usually
a seat and table are not provided. The shower should be located in a safety
vestibule outside the cell. Can this continue to be a separation cell with
medical mode exhaust? Is this in addition to the negative pressure cell required
at infirmary? Shouldn't this be respiratory isolation?
Staff Recommendation: Adopt with changes due to comments. Staff Recommendation:
See proposed change to Construction Approval Rules, Section 257.11.
Comment regarding §259.208: The additional storage space will impact
cost. Is evidence storage required at each facility or locations where an
arresting officers deposit evidence? Is this intended to provide storage for
confiscated contraband? Who defines adequate space? And how?
Staff Recommendation: Adopt without changes. The change will ensure evidence
storage is provided in the system and not at each facility.
Comment regarding §259.210: Should/shall conflict? Consider adding
chemical munitions.
Staff Recommendation: Adopt without changes. Chemical munitions is considered
tactical equipment.
Comment regarding §259.213: The idea is good, but there may be a problem
with NFPA and the percent of glazing in a fire rated corridor. Does this apply
to single cells with a common day room? How about requiring observation of
the entire housing area? Add "direct" observation.
Staff Recommendation: Adopt with changes due to the addition of the word
"direct".
Comment regarding §259.222: Direct passage is a security problem.
Is this a reversal of a previous idea to allow minimum security inmates contact
visits? What is "adequate". Attorneys are demanding private spaces to meet
clients. Shouldn't a visiting area be required for contact visits? The last
sentence should be deleted entirely since contact visits could allow for the
passage of paper between attorneys and inmates.
Staff Recommendation: Adopt without changes. The additional language will
allow a passage of private papers directly from an attorney to an inmate client
while still under officer supervision.
Comment regarding §259.223: Should be expanded to not access control
room through any inmate housing or activity area without a safety vestibule
at the control room. What is a sufficient number? Standards should not be
written to mandate away bad design.
Staff Recommendation: Adopt with changes due to the addition of "inmate
activity areas".
Comment regarding §259.224: Why is a cove base required? Impossible
to provide a floor finish which prevents slipping with wet greasy floors.
What does "properly" and "adequate" mean?
Staff Recommendation: Adopt with changes due to the addition of "reduce
the possibility of".
Comment regarding §259.225: Inmates should be allowed to congregate
in 250 persons or less per dining room. Does this mean a whole jail can be
fed at one time and one place cafeteria style? Dining outside the cell is
more appropriate in correctional facilities rather than jails where services
are generally brought to the inmate.
Staff Recommendation: Adopt without changes.
Comment regarding §259.232: There should be no maximum security dormitories.
Staff Recommendation: Adopt without changes.
Comment regarding §259.233: National practice indicates the standard
day room capacity serves 64 inmates. Controlling electrical outlets outside
the cell will increase costs. Previous standard allowed day rooms and sleeping
areas to be contiguous. Earlier standards required them to be adjacent. Can
the current intent be clarified?
Staff Recommendation: Adopt with changes due to deleting day room space
for separation cells.
Comment regarding §259.234: While this change is reasonable when cells
are arranged linearly along a hallway, it creates wasted "day room" space
when arranging them in a podular design . The rule should be rewritten to
allow 40 square feet in the separation cells opening into day room space.
The individual showers increase costs. What is the reason for the increase
in size? Why not 65 s.f. What is the cost impact per cell...$5000. ?
Staff Recommendation: Adopt with changes due to deleting day room space
for separation cells.
Comment regarding §259.235: How does the requirement to construct
a cell which materially reduces noise effect glazing? Change 12" wide seating
to 16" wide. "durable and easily cleaned", what does this mean?
Staff Recommendation: Adopt without changes.
Comment regarding §259.236: Change 2' wide bench to 2"3" wide. Stainless
steel or vitreous?
Staff Recommendation: Adopt with changes
Comment regarding §259.238: Four 12 or 24 person dormitories can be
arranged around control centers utilizing a single safety vestibule and still
meet the 1:48 officer to inmate ratio.
Staff Recommendation: Adopt with changes due to the addition of "Interior".
Comment regarding §259.239: Requiring stainless steel fixtures at
the expense of china detention fixtures will increase cost. "Detention type"
is adequate description. National practice utilizes a combination of stainless
and china fixtures dependent upon classification. China fixtures have been
successfully utilized in medium security facilities. Regarding design capacity,
the above wording should state "each cell and day room combination" instead
of "each cell and day room". No dormitories in maximum security. Also 4' 8"
is a masonry dimension.
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.240: Typically #5 bars at 16" o.c. with all
cells filled with 2500 psi grout. Change exterior walls to 6" block and #3
bars vs #4 bars reinforcing on concrete plank. Separate the latter part of
(c) and provide new heading (D).
Staff Recommendation: Adopt without changes.
Comment regarding §259.242: Change #4 bars to #3 bars reinforcing
in concrete plank. A minimum 4" thick concrete plank reinforced with #4 bars
8" on center is unlikely, most likely utilize a 4" precast concrete plank
with open cells. Why change this at all? What about Portland cement, plaster,
Tectum, or lay-in ceiling a certain distance over the floor?
Staff Recommendation: Adopt without changes.
Comment regarding §259.255: Replace "runs" with "chases". Two foot
wide chases have been utilized without any problems. What constitutes a "run"?
Must all chases be 3' wide (single fixtures)? Who determines the security
sought to be achieved?
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.258: What is the International Plumbing Code?
The Southern Building Code, BOCA and International Conference of Building
Officials have joined to produce a common code. The International Plumbing
Code is the first publication produced by them jointly. The state of Texas
predominantly utilize codes published by the SBCCI and ICBO.
Staff Recommendation: Adopt without changes.
Comment regarding §259.261: Floor drains should be located outside
the cells and in the day room spaces. What about trough drains at laundry
facilities? Are drains provided in the chases in addition to those within
the cells? Adjacent to cell doors?
Staff Recommendation: Adopt without changes.
Comment regarding §259.262: Requiring lighting commensurate to the
security level may be too rigid and will influence cost. Are "maximum security",
"detention type", "inmate housing" and "inmate occupied" defined? Are light
controls for cells and day rooms which are installed in the corridor also
to be out of the reach of inmates? Means detention type lighting outside the
living areas such as multipurpose rooms, libraries, corridors, etc.? Is there
a height distance affixed to the requirement?
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.301: How do changes to Standards affect "existing"
and previously constructed facilities? What administrative rules are enforceable
or effective on "existing" or previously constructed facilities?
Staff Recommendation: Adopt without changes. See proposed change to Construction
Approval Rules, §257.11.
Comment regarding §259.306: The additional storage space will impact
cost. Is evidence storage required at each facility or locations where an
arresting officers deposit evidence? Is this intended to provide storage for
confiscated contraband? Who defines adequate space? And how?
Staff Recommendation: Adopt without changes. The change will ensure evidence
storage is provided in the system and not at each facility.
Comment regarding §259.310: The idea is good, but there may be a problem
with NFPA and the percent of glazing in a fire rated corridor. Does this apply
to single cells with a common day room? How about requiring observation of
the entire housing area? Add "direct" observation.
Staff Recommendation: Adopt with changes due to the addition of the word
"direct".
Comment regarding §259.312: Is the term "systems" defined? Add "County
detention" before "systems" to better define intent.
Staff Recommendation: Adopt with changes due to the addition of the "of
Inmates" by staff for consistency.
Comment regarding §259.317: Direct passage is a security problem.
Is this a reversal of a previous idea to allow minimum security inmates contact
visits? Attorneys are demanding private spaces to meet clients. Shouldn't
a visiting area be required for contact visits? The last sentence should be
deleted entirely since contact visits could allow for the passage of paper
between attorneys and inmates.
Staff Recommendation: Adopt without changes. The additional language will
allow a passage of private papers directly from an attorney to an inmate client
while still under officer supervision.
Comment regarding §259.318: Should be expanded to not access control
room through any inmate housing or activity area without a safety vestibule
at the control room. What is a sufficient number? Standards should not be
written to mandate away bad design.
Staff Recommendation: Adopt with changes due to the addition of "inmate
activity areas".
Comment regarding §259.319: Why is a cove base required? Impossible
to provide a floor finish which prevents slipping with wet greasy floors.
What does "properly" and "adequate" mean?
Staff Recommendation: Adopt with changes due to the addition of "reduce
the possibility of".
Comment regarding §259.320: Inmates should be allowed to congregate
in 250 persons or less per dining room. Does this mean a whole jail can be
fed at one time and one place cafeteria style? Dining outside the cell is
more appropriate in correctional facilities rather than jails where services
are generally brought to the inmate.
Staff Recommendation: Adopt without changes.
Comment regarding §259.325: This issue relates to 259.170. Negative
Pressure Cells. Eighty square feet clear is excessive for a negative pressure
cell where the individual is ambulatory. Forty square feet of floor space
seems adequate. An ante-room is required to meet respiratory isolation requirements.
"Dictated" should be replaced with "recommended". Comment: What determines
a ward?
Staff Recommendation: Adopt with changes. Proposed language required infirmary
be provided.
Comment regarding §259.327: A secondary security perimeter located
at exterior exercise areas will increase cost. It is often difficult to fence
a downtown block. The physical plant cannot ensure proper supervision and
operation. Does the toilet and lavatory have to be in the recreation area?
Why not a smaller area for females? Why the difference when the maximum number
of inmates using it is probably the same? Delete "which should be adjacent".
Staff Recommendation: Adopt with changes due to the deletion of fencing
at exterior yards.
Comment regarding §259.330: National practice indicates the standard
day room capacity serves 64 inmates. Controlling electrical outlets outside
the cell will increase costs. Previous standard allowed day rooms and sleeping
areas to be contiguous. Earlier standards required them to be adjacent. Can
the current intent be clarified?
Staff Recommendation: Adopt with changes due to deleting day room space
for separation cells.
Comment regarding the repeal §§259.332-259.335: Are all these
which are being deleted defined with references or do they not exist in medium
security facilities?
Comment regarding new §259.332: Four 12 or 24 person dormitories can
be arranged around control centers utilizing a single safety vestibule and
still meet the 1:48 officer to inmate ratio.
Staff Recommendation: Adopt with changes due to the addition of "Interior".
Comment regarding new §259.333: Requiring stainless steel fixtures
at the expense of china detention fixtures will increase cost. "Detention
type" is adequate description. National practice utilizes a combination of
stainless and china fixtures dependent upon classification. China fixtures
have been successfully utilized in medium security facilities. Regarding design
capacity, the above wording should state "each cell and day room combination"
instead of "each cell and day room". Four feet eight inches is a masonry dimension.
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.352: What is the International Plumbing Code?
The Southern Building Code, BOCA and International Conference of Building
Officials have joined to produce a common code. The International Plumbing
Code is the first publication produced by them jointly. The state of Texas
predominantly utilize codes published by the SBCCI and ICBO.
Staff Recommendation: Adopt without changes.
Comment regarding §259.355: Floor drains should be located outside
the cells and in the day room spaces. What about trough drains at laundry
facilities? Are drains provided in the chases in addition to those within
the cells?
Staff Recommendation: Adopt without changes.
Comment regarding §259.356: Requiring lighting commensurate to the
security level may be too rigid and will influence cost. Are "maximum security",
"detention type", "inmate housing" and "inmate occupied" defined? Are light
controls for cells and day rooms which are installed in the corridor also
to be out of the reach of inmates? Means detention type lighting outside the
living areas such as multipurpose rooms, libraries, corridors, etc.? Is there
a height distance affixed to the requirement?
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.401: How do changes to Standards affect "existing"
and previously constructed facilities? What administrative rules are enforceable
or effective on "existing" or previously constructed facilities?
Staff Recommendation: See proposed change to Construction Approval Rules,
Section 257.11.
Comment regarding §259.406: The additional storage space will impact
cost. Is evidence storage required at each facility or locations where an
arresting officers deposit evidence. Is this intended to provide storage for
confiscated contraband? Who defines adequate space? And how?
Staff Recommendation: Adopt without changes. The change will ensure evidence
storage is provided in the system and not at each facility.
Comment regarding §259.417: Direct passage is a security problem.
Is this a reversal of a previous idea to allow minimum security inmates contact
visits? What is "adequate". Attorneys are demanding private spaces to meet
clients. Shouldn't a visiting area be required for contact visits? The last
sentence should be deleted entirely since contact visits could allow for the
passage of paper between attorneys and inmates.
Staff Recommendation: Adopt without changes. The additional language will
allow a passage of private papers directly from an attorney to an inmate client
while still under officer supervision.
Comment regarding §259.418: What is a sufficient number?
Staff Recommendation: Adopt without changes.
Comment regarding §259.419: Why is a cove base required? Impossible
to provide a floor finish which prevents slipping with wet greasy floors.
What does "properly" and "adequate" mean?
Staff Recommendation: Adopt with changes due to the addition of "reduce
the possibility of".
Comment regarding §259.420: Inmates should be allowed to congregate
in 250 persons or less per dining room. Does this mean a whole jail can be
fed at one time and one place cafeteria style? Dining outside the cell is
more appropriate in correctional facilities rather than jails where services
are generally brought to the inmate.
Staff Recommendation: Adopt without changes. Although not common in jail
facilities, the new language will allow larger groups of inmates to dine together.
Comment regarding §259.425: This issue relates to 259.170. Negative
Pressure Cells. Eighty square feet clear is excessive for a negative pressure
cell where the individual is ambulatory. Forty square feet of floor space
seems adequate. An ante-room is required to meet respiratory isolation requirements.
What determines a ward? "Dictated" should be replaced with "recommended".
Staff Recommendation: Adopt with changes. Proposed language required infirmary
be provided.
Comment regarding §259.427: A secondary security perimeter located
at exterior exercise areas will increase cost. It is often difficult to fence
a downtown block. The physical plant cannot ensure proper supervision and
operation. Does the toilet and lavatory have to be in the recreation area?
Why not a smaller area for females? Why the difference when the maximum number
of inmates using it is probably the same? Delete "which should be adjacent".
Staff Recommendation: Adopt with changes due to the deletion of fencing
at exterior yards.
Comment regarding §259.707: How do changes to Standards affect "existing"
and previously constructed facilities? What administrative rules are enforceable
or effective on "existing" or previously constructed facilities? The additional
storage space will impact cost. Is evidence storage required at each facility
or locations where an arresting officers deposit evidence? Is this intended
to provide storage for confiscated contraband? Who defines adequate space?
And how?
Staff Recommendation: See proposed change to Construction Approval Rules,
§257.11. The change will ensure evidence storage is provided in the system
and not at each facility.
Comment regarding §259.709: Consider adding chemical munitions.
Staff Recommendation: Adopt without changes. Chemical munitions is considered
tactical equipment.
Comment regarding §259.712: The idea is good, but there may be a problem
with NFPA and the percent of glazing in a fire rated corridor. Does this apply
to single cells with a common day room? How about requiring observation of
the entire housing area? Add "direct" observation.
Staff Recommendation: Adopt with changes due to the addition of the word
"direct".
Comment regarding §259.714: Maximum security dormitory space should
not be allowed. Is the term "systems" defined? Add "County detention" before
"systems" to better define intent.
Staff Recommendation: Adopt without changes. Deleting maximum security
dormitory space was never intended. Section 114(d) was a rewrite to clarify
the original intent.
Comment regarding §259.721: Direct passage is a security problem.
Is this a reversal of a previous idea to allow minimum security inmates contact
visits? What is "adequate". Attorneys are demanding private spaces to meet
clients. Shouldn't a visiting area be required for contact visits? The last
sentence should be deleted entirely since contact visits could allow for the
passage of paper between attorneys and inmates.
Staff Recommendation: Adopt without changes. The additional language will
allow a passage of private papers directly from an attorney to an inmate client
while still under officer supervision.
Comment regarding §259.722: Should be expanded to not access control
room through any inmate housing or activity area without a safety vestibule
at the control room. What is a sufficient number? Standards should not be
written to mandate away bad design.
Staff Recommendation: Adopt with changes due to the addition of "inmate
activity areas".
Comment regarding §259.724: Why is a cove base required? Impossible
to provide a floor finish which prevents slipping with wet greasy floors.
What does "properly" and "adequate" mean?
Staff Recommendation: Adopt with changes due to the addition of "reduce
the possibility of".
Comment regarding §259.731: Shouldn't this be a respiratory isolation
cell?
Staff Recommendation: Adopt with changes due to the addition of "gross".
Comment regarding repeal of §259.732 and new §259.733: Why are
we taking out references to medical? Aren't these features required in these
types of facilities?
Comment regarding new §259.732: "Dictated" should be replaced with
"recommended". Why are we taking out references to medical cells and wards
when it is not addressed within the infirmary? Further the infirmary doesn't
require medical cells. This issue relates to 259.170., Negative Pressure Cells.
Eighty square feet clear is excessive for a negative pressure cell where the
individual is ambulatory. Forty square feet of floor space seems adequate.
An ante-room is required to meet respiratory isolation requirements. What
determines a ward?
Staff Recommendation: Adopt with changes due to the adding #7 to make it
consistent with the rest of the standard.
Comment regarding §259.734: A secondary security perimeter located
at exterior exercise areas will increase cost. It is often difficult to fence
a downtown block. The physical plant cannot ensure proper supervision and
operation. Does the toilet and lavatory have to be in the recreation area?
Why not a smaller area for females? Why the difference when the maximum number
of inmates using it is probably the same? Delete "which should be adjacent
".
Staff Recommendation: Adopt with changes due to the deletion of fencing
at exterior yards.
Comment regarding §259.738: National practice indicates the standard
day room capacity serves 64 inmates. Controlling electrical outlets outside
the cell will increase costs. Previous standard allowed day rooms and sleeping
areas to be contiguous . Earlier standards required them to be adjacent. Can
the current intent be clarified? There should be no maximum security dormitories.
Do all these exist in this type of design, medical for example?
Staff Recommendation: Adopt with changes due to deleting day room space
for separation cells.
Comment regarding §259.739: While this change is reasonable when cells
are arranged linearly along a hallway, it creates wasted "day room" space
when arranging them in a podular design. The rule should be rewritten to allow
40 square feet in the separation cells opening into day room space. The individual
showers increase costs. What is the reason for the increase in size? Why not
65 s.f. What is the cost impact per cell...$5000. ?
Staff Recommendation: Adopt with changes due to deleting day room space
for separation cells.
Comment regarding §259.740: How does the requirement to construct
a cell which materially reduces noise effect glazing? Comment: Change 12"
wide seating to 16" wide. "Durable and easily cleaned", what does this mean?
Staff Recommendation: Adopt without changes.
Comment regarding §259.741: Why detoxification cell in a sentenced
facility? Change 2' wide bench to 2"3" wide. Stainless steel or vitreous?
Staff Recommendation: Adopt without changes.
Comment regarding §259.742: Comment: Why a violent cell in a sentenced
facility? A hammock in a violent cell?
Staff Recommendation: Adopt with changes due to maintaining the use of
a hammock.
Comment regarding §259.744: Four 12 or 24 person dormitories can be
arranged around control centers utilizing a single safety vestibule and still
meet the 1:48 officer to inmate ratio.
Staff Recommendation: Adopt with changes due to the addition of "Interior".
Comment regarding §259.745: Requiring stainless steel fixtures at
the expense of china detention fixtures will increase cost. "Detention type"
is adequate description. National practice utilizes a combination of stainless
and china fixtures dependent upon classification. China fixtures have been
successfully utilized in medium security facilities. Regarding design capacity,
the above wording should state "each cell and day room combination" instead
of "each cell and day room". Why stainless steel fixtures in a sentenced facility?
No dormitories in maximum security. Also 4' 8" is a masonry dimension.
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.761: Replace "runs" with "chases". Two foot
wide chases have been utilized without any problems. What constitutes a "run"?
Must all chases be 3' wide (single fixtures)? Who determines the security
sought to be achieved?
Staff Recommendation: Adopt with changes due to comments.
Comment regarding §259.767: Floor drains should be located outside
the cells and in the day room spaces. What about trough drains at laundry
facilities? Are drains provided in the chases in addition to those within
the cells? Adjacent to cell doors?
Staff Recommendation: Adopt without changes.
Comment regarding §259.768: Requiring lighting commensurate to the
security level may be too rigid and will influence cost. Are "maximum security",
"detention type", "inmate housing" and "inmate occupied" defined? Are light
controls for cells and day rooms which are installed in the corridor also
to be out of the reach of inmates? Means detention type lighting outside the
living areas such as multipurpose rooms, libraries, corridors, etc.? Is there
a height distance affixed to the requirement?
Staff Recommendation: Adopt with changes due to comments.
Subchapter B. New Maximum Security Design, Construction and Furnishing Requirements
37 TAC §§259.107, 259.109, 259.112, 259.114, 259.121-259.124, 259.130, 259.132, 259.136-259.140, 259.142, 259.143, 259.159, 259.162, 259.165, 259.166, 259.170
The amendments and new rule are adopted under Government Code,
Chapter 511 which provides the Texas Commission on Jail Standards with the
authority to adopt reasonable rules and procedures establishing minimum standards
for the construction, equipment, maintenance and operation of county jails.
§259.107.Administrative Space.
The facility shall provide sufficient space for administrative, program
and clerical needs. Adequate space for equipment and supplies shall be provided
to meet established and projected needs. These spaces shall be located outside
the inmate housing areas. Evidence storage shall be provided within the system
and located outside the security perimeter.
§259.112.Observation.
Inmate occupied areas shall be constructed to facilitate direct observation
of inmates. The design shall allow observation into inmate living areas without
requiring staff to enter inmate safety vestibules.
§259.114.Segregation.
(a)
Systems shall provide separate cells and day rooms of varying
capacities to provide adequate segregation of different classifications of
male and female inmates as required by Chapter 271 of this title (relating
to Classification and Separation of Inmates).
(b)
Single occupancy cells shall be provided to house inmates
classified in administrative, disciplinary, and medical segregation in a quantity
to meet the following requirements:
(1)
Systems having an inmate capacity of 200 or less shall
provide separation cells to accommodate not less than 10% of the facility
capacity;
(2)
Systems having an inmate capacity of over 200 shall
provide a minimum of 20 separation cells and a sufficient number of single
cells with adjacent day rooms to accommodate a total of at least 10% of the
capacity. Day rooms provided for these cells shall be arranged to accommodate
no more than 24 inmates.
(c)
The capacity of each cell and day room shall not exceed
20% of the system's capacity.
(d)
The total capacity of all dormitory space shall not exceed
40% of the system's capacity.
§259.121.Visiting Areas.
Visiting areas shall be provided and shall be designed to provide adequate
visitation for the capacity of the facility. Visitation areas shall be designed
for the degree of security sought to be achieved. Audible communications shall
be provided between the inmate and visitor. Visiting areas shall be designed
to prevent passage of contraband. Provisions shall be made for disabled visitors
and inmates. Seating shall be provided for both inmates and visitors. A secure
visiting area should be provided for contact visits from law enforcement officers,
attorneys, clergy, and probation and parole officers. Provisions shall be
made for a direct passage of legal paper between inmates and attorneys at
noncontact visitation.
§259.122.Control Rooms/Guard Stations.
A sufficient number of control rooms/guard stations shall be provided
on each floor where inmates are housed. Staff toilets and lavatories shall
be located within the security perimeter and in close proximity to control
rooms and guard stations. The design shall allow access to control rooms without
requiring staff to enter inmate safety vestibules or inmate activity areas.
§259.123.Kitchen.
A properly equipped kitchen of adequate size shall be provided within
the system and shall include the following:
(1)
Functions. Kitchen space and equipment shall allow for
the efficient operations of receiving, storage, processing, preparation, cooking,
baking, serving, dish washing, cleaning, menu preparation, record keeping,
personal hygiene, and removal of waste and garbage. Kitchen functions shall
be performed without compromising the security of the facility. The kitchen
shall not be designed as a passageway for nonfood handling persons.
(2)
Storage. Adequate dry and cold storage shall be provided
appropriate for the size of kitchen. Separate storage shall be provided for
nonfood items.
(3)
Surfaces. The kitchen floor shall be properly pitched
to adequate floor drains and allow for proper cleaning. Floor finish should
reduce the possibility of slipping. The junction between floors and walls
shall be covered. Walls and ceilings shall be finished with smooth, washable,
light colored surfaces.
(4)
Light. Adequate lighting shall be provided on all
work surfaces.
(5)
Ventilation. Food service areas shall be adequately
ventilated to control disagreeable odors and moisture. All openings to the
outside shall be secured and provided with insect screens.
(6)
Water. Adequate hot and cold water shall be provided
for food preparation, cleaning, and dish washing. Hot water equipment shall
be of sufficient size and capacity to meet the needs of the facility.
(7)
Codes. Kitchens shall comply with state health codes.
§259.130.Infirmary.
An infirmary should be provided for systems of 200 or more capacity
and shall include the following minimum components:
(1)
nurses station;
(2)
locked medication station with storage for individually
filled prescriptions;
(3)
utility room with sink and storage for linens and
equipment;
(4)
refrigerated storage;
(5)
utility room with double tub sink and clinical service
sink with flushing rim;
(6)
80 gross square feet of floor space per bed;
(7)
at least one single occupancy negative pressure cell;
(8)
doors, through which patients and equipment are to
be moved, of adequate width to allow turning of wheeled chairs and tables
normally used in medical facilities;
(9)
a lavatory with a gooseneck inlet and wrist controls
accessible to each ward;
(10)
janitor closet;
(11)
toilet, lavatory, and shower for use of inmates in
the infirmary;
(12)
additional elements as dictated by the facility health
care director.
§259.132.Exercise Area.
One or more secure exercise areas shall be provided. Where outdoor
exercise areas are provided, alternate areas shall be provided for exercise
during inclement weather. Outdoor exercise areas should be covered with a
security enclosure. Where outdoor exercise areas are not provided, facility
design shall provide for access to sunlight. A toilet and drinking fountain
shall be readily available. Exercise areas for facilities of less than 100
inmates based on design capacity shall not be less than 800 square feet. Exercise
areas for larger facilities shall provide 15 square feet per inmate for the
maximum number of inmates expected to use the space at one time, but not less
than 1000 square feet for each exercise area. Exercise areas serving multiple
inmates housed in segregation shall provide 15 square feet per inmate for
the maximum number of inmates expected to use the space at one time, but not
less than 500 square feet for each exercise area. Individual recreation areas
serving a single inmate in segregation shall provide no less than 200 square
feet for each exercise area. Each direct supervision housing area shall have
an exercise area within close proximity, which should be adjacent to the housing
area.
§259.136.Day Rooms.
All single cells, multiple occupancy cells, and dormitories shall be
provided with day room space. Separation cells, violent cells, holding cells,
detoxification cells, and medical cells are exempt from this requirement.
Day rooms shall be designed for no more than 48 inmates. Based on the design
capacity of the cells served, the day rooms shall contain: not less than 40
square feet of clear floor space for the first inmate plus 18 square feet
of clear floor space for each additional inmate; a sufficient number of toilets,
lavatories, and showers as approved by the Commission, mirrors, seating, and
tables. A utility sink should be provided. Convenient electrical receptacles
circuited with ground fault protection shall be provided. Power to receptacles
should be individually controlled outside of the day room.
§259.137.Separation Cells.
Separation cells shall include the following features and equipment.
(1)
Furnishings. Each cell shall be provided with one bunk,
mirror, table, and seat separate from the bunk. A shelf and clothes hook may
be provided. Convenient electrical receptacles circuited with ground fault
protection shall be provided. Power to receptacles shall be individually controlled
outside of the cell.
(2)
Plumbing. Cells shall be provided with a toilet, lavatory,
and shower.
(3)
Cell Size. Cells shall contain not less than 40 square
feet of clear floor space.
§259.138.Holding Cells.
(a)
One or more holding cells shall be provided to hold inmates
pending intake, processing, release, or other reason for temporary holding.
Holding cells shall contain the following features and equipment.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 17" to 19" above the finished floor and
not less than 12" wide. Seating shall be sufficient to provide not less than
24 linear inches per inmate at cell capacity.
(2)
Plumbing. Cells shall be provided with adequate toilets,
lavatories, and floor drains. The floor shall be properly pitched to drains.
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from one to 24 inmates and shall contain
not less than 40 square feet of floor space for the first inmate and 18 square
feet of floor space for each additional inmate to be confined.
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned.
(5)
Supervision. The cell shall be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
(b)
Remote Holding Cells. Holding cells that are separate from
the facility and utilized for direct court holding, processing, or for inmates
awaiting transportation. Inmates shall not be held for more than 8 hours and
the cell shall include the following features.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 17" to 19" above the finished floor, and
not less than 12" wide. Seating shall be sufficient to provide not less than
24 linear inches per inmate at cell capacity.
(2)
Plumbing. Cells shall be provided with adequate toilets,
lavatories capable of providing drinking water, and floor drains. The floor
shall be properly pitched to drains.
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from one to 24 inmates and shall contain
not less than 40 square feet of floor space for the first inmate and 18 square
feet of floor space for each additional inmate to be confined.
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned.
(5)
Supervision. The cell shall be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
(6)
Smoke Detection. Smoke detection capability shall
be provided. The alarm shall annunciate at a staffed location in close proximity
to the cell. Additional life safety items shall be compatible with the remainder
of the building.
(7)
Audible Communication. Audible communications shall
be provided.
§259.139.Detoxification Cells.
Any facility that anticipates the housing of intoxicated persons shall
provide one or more detoxification cells for detention during the detoxification
process. These cells shall include the following features and equipment.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be not higher than 8" above the finished
floor, not less than 2' 0" wide and shall extend the length of the cell.
(2)
Plumbing. Cells shall be provided with one or more
vandal resistive flushing floor drains with outside controls, or detention
type toilet and lavatory and vandal resistive floor drains. The floor shall
be properly pitched to drains. Drinking fountains or lavatories capable of
providing drinking water shall be provided.
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of intoxicated inmates to be confined at
any one time. Cells shall be constructed to house from 1 to 8 inmates and
shall contain not less than 40 square feet of floor space for the first inmate
and 18 square feet of floor space for each additional inmate to be confined.
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned.
(5)
Supervision. The cell shall be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
§259.140.Violent Cells.
A facility may contain one or more single occupancy cells for the temporary
holding of violent persons. Violent cells shall include the following features
and equipment.
(1)
Furnishings. The cell shall be equipped with a hammock,
not less than 2' 3" wide and 6' 3" long, made of an elastic or fibrous fabric.
A bench abutting the wall, the length or width of the cell, at least 2' 3"
wide and 6' 3" long and not more than 8" above the floor may be provided in
lieu of a hammock.
(2)
Plumbing. Flushing type floor drains with outside
controls shall be provided.
(3)
Cell Size. Cell shall contain not less than 40 square
feet of clear floor space.
(4)
Padding. Walls, floor, door and bench shall be completely
covered with a material to protect the inmate from self injury. The type of
material used to cover the walls, floor, door and bench shall be fire resistive
and nontoxic.
§259.142.Safety Vestibules.
Safety vestibules shall be provided for each inmate housing area and
day room used for confinement of three or more inmates. No more than four
living areas shall be served by one vestibule. All entrances through the security
perimeter from administrative and/or public areas shall be provided with a
safety vestibule.
(1)
Safety vestibules shall have one or more interior doors
and a main entrance door.
(2)
Interior doors shall be arranged to be locked and
unlocked by control means located outside of the inmate living area and safety
vestibule.
(3)
Where doors have an interlocking security feature,
provisions shall be made for an override capability in the event an emergency
requires both doors to be opened simultaneously.
§259.143.Furnishings for Inmate Housing Areas.
(a)
Bunks. Bunks shall be fire resistive and securely anchored.
The mattress surface of the bunk shall measure not less than 2' 3" wide and
6' 3" long.
(b)
Toilets and Lavatories. Detention type toilets and lavatories
shall be provided in cells and day rooms. In direct supervision living areas,
they shall be constructed in such manner and of such material so as to resist
vandalism. Based on design capacity, each cell and day room shall provide
one toilet and lavatory capable of providing drinking water for each group
or increment of 8 inmates.
(c)
Showers. Shower areas shall be not less than 2' 6" square
per showerhead and not less than 7' 0" high. Construction shall be of vandal
resistive materials and should be of materials which resist the action of
soap and water. Drying areas of not less than 2' 6" square sloped to a drain
should be provided adjoining the shower entrance. Based on design capacity,
each separation cell and day room shall provide one shower for each group
or increment of 12 inmates.
(d)
Tables and Seating. Tables and seating shall be constructed
of materials which will resist vandalism. They shall be fire resistive, securely
anchored, and reasonably remote from toilet areas. Tables and seating in direct
supervision day rooms are not required to be anchored. Tables and benches
shall be not less than 12" wide, and linear seating shall be not less than
18 continuous inches per person. Stools shall be not less than 12" in diameter.
Seating height of 17" to 19" shall be provided.
(e)
Privacy Shields. Inmate toilet and shower areas in dormitories,
multiple occupancy cells, single occupancy cells, holding cells, and day rooms
shall be configured or equipped to provide reasonable privacy from exposure
to persons outside the cell. Privacy shields shall extend from about 15" above
the finished floor to about 5' high and shall be securely anchored.
(f)
Mirrors. Mirrors shall be constructed of unbreakable material.
Mirrors shall be provided above lavatories in day rooms and separation cells.
§259.159.Access Doors.
All plumbing and mechanical access doors and panels shall be constructed
and secured with locks or vandal resistive screws commensurate to the security
sought to be achieved.
§259.166.Lighting.
Adequate illumination shall be provided throughout the cells and day
rooms. An illumination level of 20 foot candles shall be provided at mirrors
and tables. Master light controls for cells and day rooms and electrical conduit
shall be out of reach of inmates. Inmates should be capable of controlling
some lighting; override capability shall be provided. Security detention type
lighting shall be provided in inmate housing areas and vandal resistive lighting
within inmate occupied areas. Night lights sufficient to permit continuous
observation shall be provided. Control areas and means of egress shall be
continuously illuminated. Exteriors of buildings and all entrances shall be
lighted sufficiently to observe approaching persons.
§259.170.Negative Pressure Cell.
A minimum of one negative pressure separation cell shall be provided
for systems with a capacity of 100 or more inmates and contain the following
features and equipment.
(1)
Furnishings. Each cell shall be provided with one bunk,
mirror, table, and seat separate from the bunk. A shelf and clothes hook may
be provided. Convenient electrical receptacles circuited with ground fault
protection shall be provided. Power to receptacles shall be individually controlled
outside of the cell.
(2)
Plumbing. Cells shall be provided with a toilet, lavatory,
and shower.
(3)
Cell Size. Cells shall contain not less than 80 gross
square feet of floor space.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January
15, 1999.
TRD-9900259
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: February 4, 1999
Proposal publication date: October 23, 1998
For further information, please call: (512) 463-5505
37 TAC §§259.208, 259.210, 259.213, 259.215, 259.222-259.225, 259.232-259.236, 259.238-259.240, 259.242, 259.255, 259.258, 259.261, 259.262
The amendments are adopted under Government Code, Chapter
511 which provides the Texas Commission on Jail Standards with the authority
to adopt reasonable rules and procedures establishing minimum standards for
the construction, equipment, maintenance and operation of county jails.
§259.208.Administrative Space.
The facility shall provide sufficient space for administrative, program,
and clerical needs. Adequate space for equipment and supplies shall be provided
to meet established and projected needs. These spaces shall be located outside
the inmate housing areas. Evidence storage shall be provided within the system
and located outside the security perimeter.
§259.213.Observation.
Inmate occupied areas shall be constructed to facilitate direct observation
of inmates. The design shall allow observation into inmate living areas without
requiring staff to enter inmate safety vestibules.
§259.215Segregation.
Design shall provide for adequate segregation of inmates in accordance
with the facility classification plan as required by Chapter 271 of this title
(relating to Classification and Separation of Inmates).
§259.222.Visiting Areas.
Visiting areas shall be provided. Visitation areas shall be designed
for the degree of security sought to be achieved. Audible communications shall
be provided between the visitor and inmate. Provisions shall be made for disabled
visitors and inmates. Seating shall be provided for both visitors and inmates.
A secure visiting area should be provided for contact visits from law enforcement
officers, attorneys, clergy, and probation and parole officers. Provisions
shall be made for a direct passage of legal paper between inmates and attorneys
at noncontact visitation.
§259.223.Control Rooms/Guard Stations.
A sufficient number of control rooms/guard stations shall be provided
on each floor where inmates are housed. Staff toilets and lavatories shall
be located within the security perimeter and in close proximity to control
rooms and guard stations. The design shall allow access to control rooms without
requiring staff to enter inmate safety vestibules or inmate activity areas.
§259.224.Kitchen.
A properly equipped kitchen of adequate size shall be provided within
the system and shall include the following.
(1)
Functions. Kitchen space and equipment shall allow for
the efficient operations of receiving, storage, processing, preparation, cooking,
baking, serving, dish washing, cleaning, menu preparation, record keeping,
personal hygiene, and removal of waste and garbage. Kitchen functions shall
be performed without compromising the security of the facility. The kitchen
shall not be designed as a passageway for nonfood handling persons.
(2)
Storage. Adequate dry and cold storage shall be provided
appropriate for the size of kitchen. Separate storage shall be provided for
nonfood items.
(3)
Surfaces. The kitchen floor shall be properly pitched
to adequate floor drains and allow for proper cleaning. Floor finish should
reduce the possibility of slipping. The junction between floors and walls
shall be covered. Walls and ceilings shall be finished with smooth, washable,
light colored surfaces.
(4)
Light. Adequate lighting shall be provided on all
work surfaces.
(5)
Ventilation. Food service areas shall be adequately
ventilated to control disagreeable odors and moisture. All openings to the
outside shall be secured and provided with insect screens.
(6)
Water. Adequate hot and cold water shall be provided
for food preparation, cleaning, and dish washing. Hot water equipment shall
be of sufficient size and capacity to meet the needs of the facility.
(7)
Codes. Kitchens shall comply with state health codes.
§259.233.Day Rooms.
All single cells, multiple occupancy cells, and dormitories shall be
provided with day room space. Holding cells and detoxification cells are exempt
from this requirement. Day rooms shall be designed for no more than 48 inmates.
Based on the design capacity of the cells served, the day rooms shall contain:
not less than 40 square feet of clear floor space for the first inmate plus
18 square feet of clear floor space for each additional inmate; a sufficient
number of toilets, lavatories, and showers as approved by the Commission,
mirrors, seating, and tables. A utility sink should be provided. Convenient
electrical receptacles circuited with ground fault protection shall be provided.
Power to receptacles should be individually controlled outside of the day
room.
§259.234.Separation Cells.
Separation cells shall include the following features and equipment.
(1)
Furnishings. Each cell shall be provided with 1 bunk, mirror,
table, and seat separate from the bunk. A shelf and clothes hook may be provided.
Convenient electrical receptacles circuited with ground fault protection shall
be provided. Power to receptacles shall be individually controlled outside
of the cell.
(2)
Plumbing. Cells shall be provided with a toilet, lavatory,
and shower.
(3)
Cell Size. Cells shall contain not less than 40 square
feet of clear floor space.
§259.235.Holding Cells.
One or more holding cells shall be provided to hold inmates pending
intake, processing, release, or other reason for temporary holding. Holding
cells shall contain the following features and equipment.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 17" to 19" above the finished floor and
not less than 12" wide. Seating shall be sufficient to provide not less than
24 linear inches per inmate at cell capacity.
(2)
Plumbing. Cells shall be provided with adequate toilets,
lavatories, and floor drains. The floor shall be properly pitched to drains.
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from one to 24 inmates and shall contain
not less than 40 square feet of floor space for the first inmate and 18 square
feet of floor space for each additional inmate to be confined.
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned.
(5)
Supervision. The cell shall be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
§259.236.Detoxification Cells.
A facility shall provide one or more detoxification cells for detention
during the detoxification process. These cells shall include the following
features and equipment.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be not higher than 8" above the finished
floor, not less than 2' 0" wide and shall extend the length of the cell.
(2)
Plumbing. Cells shall be provided with one or more
vandal resistive flushing floor drains with outside controls, or detention
type toilet and lavatory and vandal resistive floor drains. The floor shall
be properly pitched to drains. Drinking fountains or lavatories capable of
providing drinking water shall be provided.
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of intoxicated inmates to be confined at
any one time. Cells shall be constructed to house from 1 to 8 inmates and
shall contain not less than 40 square feet of floor space for the first inmate
and 18 square feet of floor space for each additional inmate to be confined.
(4)
Surfaces. Floor, wall, door and ceiling material shall
be durable and easily cleaned.
(5)
Supervision. The cell shall be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
§259.238.Safety Vestibules.
Safety vestibules shall be provided for each inmate housing area and
day room used for confinement of three or more inmates. No more than four
living areas shall be served by one vestibule. All entrances through the security
perimeter from administrative and/or public areas shall be provided with a
safety vestibule.
(1)
Safety vestibules shall have 1 or more interior doors and
a main entrance door.
(2)
Interior doors shall be arranged to be locked and
unlocked by control means located outside of the inmate living area and safety
vestibule.
(3)
Where doors have an interlocking security feature,
provisions shall be made for an override capability in the event an emergency
requires both doors to be opened simultaneously.
§259.239.Furnishings for Inmate Housing Areas.
(a)
Bunks. Bunks shall be fire resistive and securely anchored.
The mattress surface of the bunk shall measure not less than 2' 3" wide and
6' 3" long.
(b)
Toilets and Lavatories. Detention type toilets and lavatories
shall be provided in cells and day rooms. Based on design capacity, each cell
and day room shall provide 1 toilet and lavatory capable of providing drinking
water for each group or increment of 8 inmates.
(c)
Showers. Shower areas shall be not less than 2' 6" square
per showerhead and not less than 7' 0" high. Construction shall be of vandal
resistive materials and should be of materials which resist the action of
soap and water. Drying areas of not less than 2' 6" square sloped to a drain
should be provided adjoining the shower entrance. Based on design capacity,
each day room, unless otherwise approved by the Commission, shall provide
1 shower for each group or increment of 12 inmates.
(d)
Tables and Seating. Tables and seating shall be constructed
of materials which will resist vandalism. They shall be fire resistive, securely
anchored, and reasonably remote from toilet areas. Tables and benches shall
be not less than 12" wide, and linear seating shall be not less than 18 continuous
inches per person. Stools shall be not less than 12" in diameter. Seating
height of 17" to 19" shall be provided.
(e)
Privacy Shields. Inmate toilet and shower areas in dormitories,
multiple occupancy cells, single occupancy cells, holding cells, and day rooms
shall be configured or equipped to provide reasonable privacy from exposure
to persons outside the cell. Privacy shields shall extend from about 15" above
the finished floor to about 5' high and shall be securely anchored.
(f)
Mirrors. Mirrors shall be constructed of unbreakable material.
Mirrors shall be provided above lavatories in day rooms and separation cells.
§259.255.Access Doors.
All plumbing and mechanical access doors and panels shall be constructed
and secured with locks or vandal resistive screws commensurate to the security
sought to be achieved.
§259.262.Lighting.
Adequate illumination shall be provided throughout the cells and day
rooms. An illumination level of 20 foot candles shall be provided at mirrors
and tables. Master light controls for cells and day rooms and electrical conduit
shall be out of reach of inmates. Inmates should be capable of controlling
some lighting; override capability shall be provided. Security detention type
lighting shall be provided in inmate housing areas and vandal resistive lighting
within inmate occupied areas. Night lights sufficient to permit continuous
observation shall be provided. Control areas and means of egress shall be
continuously illuminated. Exteriors of buildings and all entrances shall be
lighted sufficiently to observe approaching persons.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
15, 1999.
TRD-9900260
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: February 4, 1999
Proposal publication date: October 23, 1998
For further information, please call: (512) 463-5505
37 TAC §§259.301, 259.306, 259.310, 259.312, 259.317-259.320, 259.325, 259.327
The amendments are adopted under Government Code, Chapter
511 which provides the Texas Commission on Jail Standards with the authority
to adopt reasonable rules and procedures establishing minimum standards for
the construction, equipment, maintenance and operation of county jails.
§259.301.Facility Concept.
Medium security facilities shall be designed only in conjunction with
facilities which meet the requirements of Chapter 259, §§259.100-259.170
of this title (relating to Maximum Security Design) or Chapter 261, §§261.100-261.171
of this title (relating to Existing Maximum Security Design). Inmates housed
in medium security facilities shall be assessed according to the provisions
of Chapter 271 of this title (relating to Classification and Separation).
Maximum security spaces incorporated into the medium security design shall
meet the requirements of Chapter 259, §§259.100-259.170 of this
title.
§259.306.Administrative Space.
The facility shall provide sufficient space for administrative, program,
and clerical needs. Adequate space for equipment and supplies shall be provided
to meet established and projected needs. These spaces shall be located outside
the inmate housing areas. Evidence storage shall be provided within the system
and located outside security perimeter.
§259.310.Observation.
Inmate occupied areas shall be constructed to facilitate direct observation
of inmates. The design shall allow observation into inmate living areas without
requiring staff to enter inmate safety vestibules.
§259.312.Segregation.
(a)
Systems shall provide separate cells and day rooms of capacities
to provide adequate segregation of different classifications of male and female
inmates as required by Chapter 271 of this title (relating to Classification
and Separation of Inmates).
(b)
Systems shall provide adequate single cells, separation
cells, or holding cells, and may provide other special purpose cells.
§259.317.Visiting Areas.
Visiting areas shall be provided and shall be designed to provide adequate
visitation for the capacity of the facility. Visitation areas shall be designed
for the degree of security sought to be achieved. Audible communications shall
be provided between the inmate and visitor. Visiting areas shall be designed
to prevent passage of contraband. Provisions shall be made for disabled visitors
and inmates. Seating shall be provided for both visitors and inmates. A secure
visiting area may be provided for contact visits from law enforcement officers,
attorneys, clergy, and probation and parole officers. Provisions shall be
made for a direct passage of legal paper between inmates and attorneys at
noncontact visitation.
§259.318.Control Rooms/Guard Stations.
A sufficient number of control rooms/guard stations shall be provided
on each floor where inmates are housed. Staff toilets and lavatories shall
be located within the security perimeter and in close proximity to control
rooms and guard stations. The design shall allow access to control rooms without
requiring staff to enter inmate safety vestibules or inmate activity areas.
§259.319.Kitchen.
A properly equipped kitchen of adequate size shall be provided within
the system and shall include the following.
(1)
Functions. Kitchen space and equipment shall allow for
the efficient operations of receiving, storage, processing, preparation, cooking,
baking, serving, dish washing, cleaning, menu preparation, record keeping,
personal hygiene, and removal of waste and garbage. Kitchen functions shall
be performed without compromising the security of the facility. The kitchen
shall not be designed as a passageway for nonfood handling persons.
(2)
Storage. Adequate dry and cold storage shall be provided
appropriate for the size of kitchen. Separate storage shall be provided for
nonfood items.
(3)
Surfaces. The kitchen floor shall be properly pitched
to adequate floor drains and allow for proper cleaning. Floor finish should
reduce the possibility of slipping. The junction between floors and walls
shall be covered. Walls and ceilings shall be finished with smooth, washable,
light colored surfaces.
(4)
Light. Adequate lighting shall be provided on all
work surfaces.
(5)
Ventilation. Food service areas shall be adequately
ventilated to control disagreeable odors and moisture. All openings to the
outside shall be secured and provided with insect screens.
(6)
Water. Adequate hot and cold water shall be provided
for food preparation, cleaning, and dish washing. Hot water equipment shall
be of sufficient size and capacity to meet the needs of the facility.
(7)
Codes. Kitchens shall comply with state health codes.
§259.325.Infirmary.
An infirmary should be provided for systems of 200 or more capacity
and shall include the minimum following components:
(1)
nurses station;
(2)
locked medication station with storage for individually
filled prescriptions;
(3)
utility room with sink and storage for linens and
equipment;
(4)
refrigerated storage;
(5)
utility room with double tub sink and clinical service
sink with flushing rim;
(6)
80 gross square feet of floor space per bed;
(7)
at least 1 single occupancy negative pressure room
or cell;
(8)
doors, through which patients and equipment are to
be moved, of adequate width to allow turning of wheeled chairs and tables
normally used in medical facilities;
(9)
a lavatory with a gooseneck inlet and wrist controls
accessible to each ward;
(10)
janitor closet;
(11)
toilet, lavatory, and shower for use of inmates in
the infirmary;
(12)
additional elements as dictated by the facility health
care director.
§259.327.Exercise Area.
One or more secure exercise areas shall be provided. Where outdoor
exercise are provided, alternate areas shall be provided for exercise during
inclement weather. Outdoor exercise areas should be covered with a security
enclosure. Where outdoor exercise areas are not provided, facility design
shall provide for access to sunlight. A toilet and drinking fountain shall
be readily available. Exercise areas for facilities of less than 100 inmates
based on design capacity shall not be less than 800 square feet. Exercise
areas for larger facilities shall provide 15 square feet per inmate for the
maximum number of inmates expected to use the space at one time, but not less
than 1000 square feet for each exercise area. Each direct supervision housing
area shall have an exercise area within close proximity which should be adjacent
to the housing area.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
15, 1999.
TRD-9900261
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: February 4, 1999
Proposal publication date: October 23, 1998
For further information, please call: (512) 463-5505
37 TAC §§259.401, 259.406, 259.412, 259.417-259.420, 259.425, 259.427
The amendments are adopted under Government Code, Chapter
511 which provides the Texas Commission on Jail Standards with the authority
to adopt reasonable rules and procedures establishing minimum standards for
the construction, equipment, maintenance and operation of county jails.
§259.401.Facility Concept.
Minimum security facilities shall be designed only in conjunction with
facilities which meet the requirements of Chapter 259, §§259.100-259.170
of this title (relating to Maximum Security Design) or §§261.100-261.171
of this title (relating to Existing Maximum Security Design). Inmates housed
in minimum security facilities shall be assessed according to the provisions
of Chapter 271 of this title (relating to Classification and Separation).
Unlike jails or lockups for maximum custody and medium custody inmates, these
facilities do not require stringent security measures. Maximum security spaces
which are incorporated into the minimum security design shall meet the requirements
of Chapter 259, §§259.100-259.170 of this title.
§259.406.Administrative Space.
The facility shall provide sufficient space for administrative, program,
and clerical needs. Adequate space for equipment and supplies shall be provided
to meet established and projected needs. These spaces shall be located outside
the inmate housing areas. Evidence storage shall be provided within the system
and located outside the security perimeter.
§259.412.Segregation.
(a)
Systems shall provide separate cells and day rooms of varying
capacities to provide adequate segregation of male and female inmates as required
by Chapter 271 of this title (relating to Classification and Separation of
Inmates).
(b)
Systems shall provide adequate single cells, separation
cells, or holding cells, and may provide other special purpose cells.
§259.417.Visiting Areas.
Visiting areas shall be provided and shall be designed to provide adequate
visitation for the capacity of the facility. Audible communications shall
be provided between the inmate and visitor. Provisions shall be made for disabled
visitors and inmates. Seating shall be provided for both visitors and inmates.
A visiting area may be provided for contact visits from law enforcement officers,
attorneys, clergy, and probation and parole officers. Provisions shall be
made for a direct passage of legal paper between inmates and attorneys at
noncontact visitation.
§259.418.Control Rooms/Guard Stations.
A sufficient number of control rooms/guard stations shall be provided
on each floor where inmates are housed. Staff toilets and lavatories shall
be in close proximity to control rooms and guard stations.
§259.419.Kitchen.
A properly equipped kitchen of adequate size shall be provided within
the system and shall include the following.
(1)
Functions. Kitchen space and equipment shall allow for
the efficient operations of receiving, storage, processing, preparation, cooking,
baking, serving, dish washing, cleaning, menu preparation, record keeping,
personal hygiene, and removal of waste and garbage. Kitchen functions shall
be performed without compromising the security of the facility. The kitchen
shall not be designed as a passageway for nonfood handling persons.
(2)
Storage. Adequate dry and cold storage shall be provided
appropriate for the size of kitchen. Separate storage shall be provided for
nonfood items.
(3)
Surfaces. The kitchen floor shall be properly pitched
to adequate floor drains and allow for proper cleaning. Floor finish should
reduce the possibility of slipping. The junction between floors and walls
shall be covered. Walls and ceilings shall be finished with smooth, washable,
light colored surfaces.
(4)
Light. Adequate lighting shall be provided on all
work surfaces.
(5)
Ventilation. Food service areas shall be adequately
ventilated to control disagreeable odors and moisture. All openings to the
outside shall be secured and provided with insect screens.
(6)
Water. Adequate hot and cold water shall be provided
for food preparation, cleaning, and dish washing. Hot water equipment shall
be of sufficient size and capacity to meet the needs of the facility.
(7)
Codes. Kitchens shall comply with state health codes.
§259.425.Infirmary.
An infirmary should be provided for systems of 200 or more capacity
and shall provide the following minimum components:
(1)
nurses station;
(2)
locked medication station with storage for individually
filled prescriptions;
(3)
utility room with sink and storage for linens and
equipment;
(4)
refrigerated storage;
(5)
utility room with double tub sink and clinical service
sink with flushing rim;
(6)
80 gross square feet of floor space per bed;
(7)
at least 1 single occupancy, negative pressure cell;
(8)
doors, through which patients and equipment are to
be moved, of adequate width to allow turning of wheeled chairs and tables
normally used in medical facilities;
(9)
a lavatory with a gooseneck inlet and wrist controls
accessible to each ward;
(10)
janitor closet;
(11)
toilet, lavatory, and shower for use of inmates in
the infirmary;
(12)
additional elements as dictated by the facility health
care director.
§259.427.Exercise Area.
One or more secure exercise areas shall be provided. Where outdoor
exercise areas are provided, alternate areas shall be provided for exercise
during inclement weather. Outdoor exercise areas should be covered with a
security enclosure. Where outdoor exercise areas are not provided, facility
design shall provide for access to sunlight. A toilet and drinking fountain
shall be readily available. Exercise areas for facilities of less than 100
inmates based on design capacity shall not be less than 800 square feet. Exercise
areas for larger facilities shall provide 15 square feet per inmate for the
maximum number of inmates expected to use the space at 1 time, but not less
than 1000 square feet for each exercise area. Each direct supervision housing
area shall have an exercise area within close proximity which should be adjacent
to the housing area.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
15, 1999.
TRD-9900262
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: February 4, 1999
Proposal publication date: October 23, 1998
For further information, please call: (512) 463-5505
Part III.
Texas Youth Commission
Chapter 87.
Treatment
Chapter 93.
Youth Rights and Remedies
Chapter 97.
Security and Control
Chapter 99.
General Provisions
Part IX.
Texas Commission on Jail Standards
Subchapter C. New Lockup Design, Construction and Furnishing Requirements
Subchapter D. New Medium Security Design, Construction and Furnishing Requirements
Subchapter E. New Minimum Security Design, Construction and Furnishing Requirements
Subchapter G. Temporary Housing - Buildings