TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 9. TEXAS COMMISSION ON JAIL STANDARDS

Chapter 259. NEW CONSTRUCTION RULES

Subchapter B. NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

37 TAC §259.136

The Texas Commission on Jail Standards adopts the amendment to §259.136 concerning New Maximum Security Design, Construction and Furnishing Requirements without changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1258).

The rule is being amended to provide clarification of existing standards regarding design requirements for day room space.

The rule clarifies the minimum requirements of day room space in New Maximum Security Designs.

No comments were received regarding the amendment.

The amendment is 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.

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 April 13, 2000.

TRD-200002628

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


37 TAC §259.138

The Texas Commission on Jail Standards adopts the amendment to §259.138 concerning New Maximum Security Design, Construction and Furnishing Requirements with changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1259).

The rule is being amended to limit the amount of time an inmate is held in a holding cell to no more than 48 hours. Changes have been made to §259.138(a)(6) of the proposed text to withdraw the requirement that phones, if provided be detention type and cordless in order to further evaluate the impact of implementing the rule change.

The rule defines time limits for holding inmates in holding cells for New Maximum Security Designs.

No comments were received regarding the amendment.

The amendment is 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 custody, care and treatment of prisoners.

§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. Inmates shall not be held for more than 48 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, 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.

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 April 13, 2000.

TRD-200002629

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Subchapter C. NEW LOCKUP DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

37 TAC §259.233

The Texas Commission on Jail Standards adopts the amendment to §259.233 concerning New Lockup Design, Construction and Furnishing Requirements without changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1260).

The rule is being amended to clarify existing standards regarding design requirements for day room space.

The rule clarifies the minimum requirements of day room space in New Lockup Designs.

No comments were received regarding the amendment.

The amendment is 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.

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 April 13, 2000.

TRD-200002630

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Subchapter D. NEW MEDIUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

37 TAC §259.330

The Texas Commission on Jail Standards adopts the amendment to §259.330 concerning New Medium Security Design, Construction and Furnishing Requirements without changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1261).

The rule is being amended to clarify existing standards regarding design requirements for day room space.

The rule clarifies minimum requirements for day room space in New Medium Security Designs.

No comments were received regarding the amendment.

The amendment is 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.

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 April 13, 2000.

TRD-200002631

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Subchapter E. NEW MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

37 TAC §259.430

The Texas Commission on Jail Standards adopts amendment to §259.430 concerning New Minimum Security Design, Construction and Furnishing Requirements without changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1261).

The rule is being amended to clarify existing standards regarding design requirements for day room space.

The rule clarifies minimum requirements for day room space in New Minimum Security Designs.

No comments were received regarding the amendment.

The amendment is 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.

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 April 13, 2000.

TRD-200002632

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Subchapter H. NEW LONG-TERM INCARCERATION DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

37 TAC §259.738

The Texas Commission on Jail Standards adopts the amendment to §259.738 concerning New Long-Term Incarceration Design, Construction and Furnishing Requirements without changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1262).

The rule is being amended to clarify existing standards regarding design requirements for day room space.

The rule clarifies minimum standards for day room space in New Long-Term Incarceration Designs.

No comments were received regarding the amendment.

The amendment is 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.

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 April 13, 2000.

TRD-200002633

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


37 TAC §259.740

The Texas Commission on Jail Standards adopts the amendment to §259.740 concerning New Long-Term Incarceration Design, Construction and Furnishing Requirements with changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1262).

The rule is being amended to limit the amount of time an inmate is held in a holding cell to no more than 48 hours. Changes have been made to §259.740(a)(6) of the proposed text to withdraw the requirement that phones, if provided be detention type and cordless in order to further evaluate the impact of implementing the rule change.

The rule provides time limits for holding inmates in holding cells in New Long-Term Incarceration Designs.

No comments were received after publication in the February 18, 2000, issue of the Texas Register (25 TexReg 1262).

The amendment is 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.

§259.740.Holding Cells.

(a)

One or more holding cells shall be provided to hold inmates pending intake, processing, release, or other reason for temporary holding. An appropriate space shall be designated for staging inmates. Inmates shall not be held for more than 48 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, 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 one 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.

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 April 13, 2000.

TRD-200002634

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Chapter 261. EXISTING CONSTRUCTION RULES

Subchapter A. EXISTING MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

37 TAC §261.138

The Texas Commission on Jail Standards adopts the amendment to §261.138 concerning Existing Maximum Security Design, Construction and Furnishing Requirements with changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1264).

The rule is being amended to limit the amount of time an inmate is held in a holding cell to no more than 48 hours. Changes have been made to §261.138(a)(6) of the proposed text to withdraw the requirement that phones, if provided be detention type and cordless in order to further evaluate the impact of implementing the rule change.

The rule provides time limits for holding inmates in holding cells in Existing Maximum Security Designs.

No comments were received after publication in the February 18, 2000, issue of the Texas Register (25 TexReg 1264).

The amendment is 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.

§261.138.Holding Cells.

(a)

One or more holding cells should be provided to hold inmates pending booking, court appearance, identification, housing assignment, discharge, or other reason for temporary housing. Inmates shall not be held for more than 48 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 14" to 18" 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 1 to 24 inmates and shall contain not less than 40 square feet of floor space for 1 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 should be located and constructed to facilitate supervision of the cell area and to materially reduce noise.

(b)

Remote Court Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding, processing, or for inmates awaiting trial shall include the following features and equipment:

(1)

Seating. 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, and lavatories capable of providing drinking water. Floor drains should be provided;

(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 1 to 24 inmates and shall contain not less than 40 square feet of floor space for 1 inmate and 18 square feet of floor space for each additional inmate to be confined;

(4)

Surfaces. Floor, wall, and ceiling material should be durable and easily cleaned;

(5)

Supervision. The cell should 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 enunciate 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.

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 April 13, 2000.

TRD-200002635

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Subchapter C. EXISTING MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

37 TAC §261.332

The Texas Commission on Jail Standards adopts the amendment to §261.332 concerning Existing Minimum Security Design, Construction and Furnishing Requirements with changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1265).

The rule is being amended to limit the amount of time an inmate is held in a holding cell to no more than 48 hours. Changes have been made to §261.332(6) of the proposed text to withdraw the requirement that phones, if provided be detention type and cordless in order to further evaluate the impact of implementing the rule change.

The rule provides time limits for holding inmates in holding cells in Existing Minimum Security Designs.

No comments were received after publication in the February 18, 2000, issue of the Texas Register (25 TexReg 1265).

The amendment is 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.

§261.332.Holding Cells.

Inmates shall not be held for more than 48 hours and the cells, if provided, shall include the following features.

(1)

Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 14" to 18" 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 1 to 24 inmates and shall contain not less than 40 square feet of floor space for 1 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 should be located and constructed to facilitate supervision of the cell area and to materially reduce noise.

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 April 13, 2000.

TRD-200002636

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Chapter 271. CLASSIFICATION AND SEPARATION OF INMATES

The Texas Commission on Jail Standards adopts the amendments to §§271.1 and 271.7 concerning Classification and Separation of Inmates. Section 271.1 is being adopted with changes to proposed text and §271.7 is being adopted without changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1266) and will not be republished.

The rule is being amended to allow for separate classification plans for Texas Department of Criminal Justice and Federal inmates.

The rule defines the minimum standards of objective classification.

Comments were received regarding proposed changes to 271.1.

Comment: Suggests clarifying classification policies for federal inmates by including language in the standards similar to that used for classification policies of TDCJ-ID inmates.

Response: Adopt with changes due to comments.

37 TAC §271.1

The amendment is 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.

§271.1.Objective Classification Plan.

(a)

Each sheriff/operator shall develop and implement an objective classification plan approved by the Commission by January 1, 1997. The plan shall include principles, procedures, instruments and explanations for classification assessments, housing assignments, reassessments and inmate needs. Plans utilizing an approved objective classification system shall be submitted and approved by the Commission. The following principles and procedures shall be addressed:

(1)

inmates shall be classified and housed in the least restrictive housing available without jeopardizing staff, inmates or the public, utilizing risk factors which include any or all of the following:

(A)

current offense or conviction;

(B)

offense history;

(C)

escape history;

(D)

institutional disciplinary history;

(E)

prior convictions;

(F)

alcohol and/or drug abuse; and

(G)

stability factors.

(2)

classification criteria shall not include race, ethnicity or religious preference;

(3)

custody levels and special housing needs shall be assessed to include minimum, medium and maximum custody levels and the placement and release of inmates to and from special units including protective custody, administrative separation, disciplinary separation and mental and medical health housing;

(4)

minimum and maximum custody level inmates shall be housed separately. All other custody level inmates should be housed separately. When under direct, visual supervision, inmates of different custody levels may simultaneously participate in work and program activities;

(5)

juveniles shall be separated by sight and sound from adults in accordance with the Family Code, §51.12;

(6)

female inmates shall be separated by sight and sound from male inmates. When under direct, visual and proximate supervision, males and females may simultaneously participate in work and program activities;

(7)

when housed together and separately from all other inmates, contracted TDCJ-ID and federal inmates may be classified solely by approved TDCJ-ID and federal classification policies and procedures, respectively. Housing units for contracted TDCJ-ID and federal inmates shall be approved by TDCJ-ID and federal officials, respectively, to ensure that the inmates' custody level does not exceed the construction security level of the assigned housing.

(8)

persons assigned to a detoxification cell shall be transferred to a housing or holding area as soon as they can properly care for themselves;

(9)

the status of persons confined to a violent cell shall be reassessed and documented at least every 24 hours for continuance of status;

(10)

inmates who require protection or those who require separation to protect the safety and security of the facility may be housed in administrative separation. The status of inmates placed in administrative separation shall be reviewed and documented at least every 30 days for continuance of status. Inmates housed in administrative separation shall retain access to services and activities, unless the continuance of the services and activities would adversely affect the safety and security of the facility; and

(11)

single cells may be utilized for disciplinary or administrative separation. Inmates in administrative separation shall be provided access to a day room for at least one hour each day. Inmates in disciplinary separation shall be provided a shower every other day.

(b)

The following classification procedures shall be conducted utilizing the approved classification instruments.

(1)

Intake Screening. To be completed immediately on all inmates admitted for purposes of identifying any medical, mental health or other special needs that require placing inmates in special housing units;

(2)

Initial Custody Assessment. To be completed on all newly admitted inmates prior to housing assignments to determine custody levels.

(3)

Custody Reassessment/Review. A custody reassessment shall be conducted within 30 - 90 days of the Initial Custody Assessment and immediately upon any disciplinary action and/or change in legal status which would affect classification. A documented classification review to determine the necessity for a complete reassessment shall be conducted every 30 - 90 days thereafter.

(c)

A Needs Assessment Instrument may be used to assess the needs and qualifications of inmates for participation in vocational, educational, mental health, substance abuse and other treatment or work programs.)

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 April 13, 2000.

TRD-200002637

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


37 TAC §271.7

The amendment is 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.

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 April 13, 2000.

TRD-200002638

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Chapter 283. DISCIPLINE AND GRIEVANCES

37 TAC §283.1

The Texas Commission on Jail Standards adopts the amendment to §283.1 concerning Discipline and Grievances without changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1269).

The rule is being amended to allow for separate discipline procedures for Texas Department of Criminal Justice and Federal inmates

The rule defines minimum standards for discipline.

No comments were received after publication in the February 18, 2000, issue of the Texas Register (25 TexReg 1269).

The amendment is 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.

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 April 13, 2000.

TRD-200002639

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: May 3, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505