Part 3.
TEXAS YOUTH COMMISSION
Chapter 93.
YOUTH RIGHTS AND REMEDIES
37 TAC §93.33
The Texas Youth Commission (TYC) proposes an amendment to
the §93.33, concerning alleged mistreatment. The amendment to the section
will ensure that parents are notified of any investigation and of the findings
regarding any alleged mistreatment.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to increase efficiency in agency service. There will be
no effect on small businesses. There is no anticipated economic cost to persons
who are required to comply with the section as proposed. No private real property
rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to develop programs
for the welfare, custody and rehabilitation of youth in its jurisdiction.
The proposed rule implements the Human Resource Code, §61.034, regarding
making rules appropriate to the accomplishments of the agency's functions.
§93.33.Alleged Mistreatment.
(a)-(c)
(No change.)
(d)
Reporting and Investigation Requirements.
(1)
Any employee or volunteer who has cause to believe that
a youth has been or may be abused, neglected, or exploited shall report the
allegation to the local administrator no later than the end of the work shift.
(2)
Upon receipt of the allegation, the local administrator
shall immediately notify the appropriate law enforcement agency when there
is cause to believe that a youth has been or may be abused, neglected, or
exploited. The Texas Department of Protective and Regulatory Services (DPRS)
shall be immediately notified of any allegation of abuse, neglect, or exploitation
involving a private residential program licensed by DPRS. However, if DPRS
decides not to investigate, TYC shall conduct an investigation.
(3)
The local administrator will notify
the youth's parent or guardian of the allegation.
(4)
[
(5)
[
(6)
[
(7)
[
(A)
interviewed witnesses and gathered relevant documents and
physical evidence (when necessary);
(B)
developed a written finding for each allegation based on
a preponderance of the evidence, which describes what the investigator believes
actually happened during the time mistreatment is alleged to have occurred;
and
(C)
documented a conclusion indicating whether each allegation
is confirmed or unconfirmed, and summarized the evidence relied upon to support
each conclusion.
(8)
[
(9)
[
(10)
[
(11)
The youth's parent or guardian shall
be notified of the outcome of the investigation.
(e)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 3, 2000.
TRD-200000770
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 424-6244
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 proposes an amendment
to §259.136 concerning New Maximum Security Design, Construction and
Furnishing Requirements to clarify existing standards regarding design requirements
for day room space.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be clarification of existing
standards.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, §351.002 and §351.015.
§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 accommodate no more than 48 inmates.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000788
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.138
The Texas Commission on Jail Standards proposes an amendment
to §259.138 concerning New Maximum Security Design, Construction and
Furnishing Requirements to limit the amount of time an inmate is held in a
holding cell to no more than 48 hours and ensure that if provided, phones
will be detention type and cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to provide minimum standards
that ensure inmates are processed, classified, housed and provided a mattress,
blanket, and/or hygiene items within 48 hours. Furthermore, requiring cordless
phones within holding cells will lessen a potential risk factor associated
with inmate suicides.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, §351.002 and §351.015.
§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 items.
[
(1)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000789
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.139
The Texas Commission on Jail Standards proposes an amendment
to §259.139 concerning New Maximum Security Design, Construction and
Furnishing Requirements to ensure that if provided, phones will be detention
type and cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to lessen a potential
risk factor associated with inmate suicides by requiring phones, if provided
within detoxification cells, to be cordless.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, 351.002 and 351.015.
§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)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000790
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.233
The Texas Commission on Jail Standards proposes an amendment
to §259.233 concerning New Lockup Design, Construction and Furnishing
Requirements to clarify existing standards regarding design requirements for
day room space.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be clarification of existing
standards.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, §351.002 and §351.015.
§259.233.Day Rooms.
Single cells, multiple occupancy cells, and dormitories may be provided
with day room space. Holding cells and detoxification cells are exempt from
this requirement.
Day rooms shall accommodate no more than 48 inmates.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000791
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.235
The Texas Commission on Jail Standards proposes an amendment
to §259.235 concerning New Lockup Design, Construction and Furnishing
Requirements to ensure that if provided, phones will be detention type and
cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to lessen a potential
risk factor associated with inmate suicides by requiring phones, if provided
within holding cells, to be cordless
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, 351.002 and 351.015.
§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)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000792
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.236
The Texas Commission on Jail Standards proposes an amendment
to §259.236 concerning New Lockup Design, Construction and Furnishing
Requirements to ensure that if provided, phones will be detention type and
cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to lessen a potential
risk factor associated with inmate suicides by requiring phones, if provided
within detoxification cells, to be cordless
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, 351.002 and 351.015.
§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)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000793
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.330
The Texas Commission on Jail Standards proposes an amendment
to §259.330 concerning New Medium Security Design, Construction and Furnishing
Requirements to clarify existing standards regarding design requirements for
day room space.
Jack E. Crump, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Crump has determined that for each year of the first five years the
rule as proposed is in effect the public benefits anticipated as a result
of enforcing the rule as proposed will be clarification of existing standards.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this amendment are Local Government Code,
Chapter 351, §351.002 and §351.015.
§259.330.Day Rooms.
All single cells, multiple occupancy cells, and dormitories shall be
provided with day room space. Separation cells, violent cells, holding cells,
and medical cells are exempt from this requirement.
Day rooms shall accommodate
no more than 48 inmates
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000794
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.430
The Texas Commission on Jail Standards proposes an amendment
to §259.430 concerning New Minimum Security Design, Construction and
Furnishing Requirements to clarify existing standards regarding design requirements
for day room space.
Jack E. Crump, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Crump has determined that for each year of the first five years the
rule as proposed is in effect the public benefits anticipated as a result
of enforcing the rule as proposed will be clarification of existing standards.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this amendment are Local Government Code,
Chapter 351, §351.002 and §351.015.
§259.430.Day Rooms.
All single cells, multiple occupancy cells, and dormitories shall be
provided with day rooms. Separation cells, violent cells, holding cells, and
medical cells are exempt from this requirement.
Day rooms shall accommodate
no more than 48 inmates
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000795
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.738
The Texas Commission on Jail Standards proposes an amendment
to §259.738 concerning New Long-Term Incarceration Design, Construction
and Furnishing Requirements to clarify existing standards regarding design
requirements for day room space.
Jack E. Crump, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Crump has determined that for each year of the first five years the
rule as proposed is in effect the public benefits anticipated as a result
of enforcing the rule as proposed will be clarification of existing standards.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this amendment are Local Government Code,
Chapter 351, §351.002 and §351.015.
§259.738.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 accommodate no more than 48 inmates
. [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000796
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.740
The Texas Commission on Jail Standards proposes an amendment
to §259.740 concerning New Long-Term Incarceration Design, Construction
and Furnishing Requirements to limit the amount of time an inmate is held
in a holding cell to no more than 48 hours and ensure that if provided, phones
will be detention type and cordless.
Jack E. Crump, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Crump has determined that for each year of the first five years the
rule as proposed is in effect the public benefits anticipated as a result
of enforcing the rule as proposed will be to provide minimum standards that
ensure inmates are processed, classified, housed and provided a mattress,
blanket, and/or hygiene items within 48 hours. Furthermore, requiring cordless
phones within holding cells will lessen a potential risk factor associated
with inmate suicides. There will be no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply with the
section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this amendment are Local Government Code,
Chapter 351, §351.002 and §351.015.
§259.740.Holding Cells.
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)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000797
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §259.741
The Texas Commission on Jail Standards proposes an amendment
to §259.741 concerning New Long-Term Incarceration Design, Construction
and Furnishing Requirements to ensure that if provided, phones will be detention
type and cordless.
Jack E. Crump, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Crump has determined that for each year of the first five years the
rule as proposed is in effect the public benefits anticipated as a result
of enforcing the rule as proposed will be to lessen a potential risk factor
associated with inmate suicides by requiring phones, if provided within detoxification
cells, to be cordless There will be no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply with the
section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this amendment are Local Government Code,
Chapter 351, §351.002 and §351.015.
§259.741.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)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000798
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
Subchapter B. CCC DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
37 TAC §260.134
The Texas Commission on Jail Standards proposes an amendment
to §260.134 concerning County Correctional Centers Design, Construction
and Furnishing Requirements to ensure that if provided, phones will be detention
type and cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to provide minimum standards
that ensure inmates are processed, classified, housed and provided a mattress,
blanket, and/or hygiene items within 48 hours. Furthermore, requiring cordless
phones within holding cells will lessen a potential risk factor associated
with inmate suicides.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, §351.002 and §351.015.
§260.134.Holding Cells.
One or more holding cells should be provided to hold offenders during
processing, housing assignment, discharge, or other reason for temporary housing.
Holding cells shall contain the following features and equipment.
(1)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000799
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
Subchapter A. EXISTING MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
37 TAC §261.138
The Texas Commission on Jail Standards proposes an amendment
to §261.138 concerning Existing Maximum Security Design, Construction
and Furnishing Requirements to limit the amount of time an inmate is held
in a holding cell to no more than 48 hours and ensure that if provided, phones
will be detention type and cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to provide minimum standards
that ensure inmates are processed, classified, housed and provided a mattress,
blanket, and/or hygiene items within 48 hours. Furthermore, requiring cordless
phones within holding cells will lessen a potential risk factor associated
with inmate suicides.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, §351.002 and §351.015.
§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)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000800
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §261.139
The Texas Commission on Jail Standards proposes an amendment
to §261.139 concerning Existing Maximum Security Design, Construction
and Furnishing Requirements to ensure that if provided, phones will be detention
type and cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to lessen a potential
risk factor associated with inmate suicides by requiring phones, if provided
within detoxification cells, to be cordless
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, §351.002 and §351.015.
§261.139.Detoxification Cells.
Any facility that anticipates the housing of intoxicated persons should
provide one or more detoxification cells for the detention of persons during
the detoxification process. These cells shall include the following features
and equipment:
(1)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000801
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §261.234, §261.235
The Texas Commission on Jail Standards proposes amendments
to §261.234 and §261.235 concerning Existing Lockup Design, Construction
and Furnishing Requirements to ensure that if provided, phones will be detention
type and cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rules are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rules as proposed are in effect the public benefits anticipated
as a result of enforcing the rules as proposed will be to provide minimum
standards that ensure inmates are processed, classified, housed and provided
a mattress, blanket, and/or hygiene items within 48 hours. Furthermore, requiring
cordless phones within holding cells will lessen a potential risk factor associated
with inmate suicides.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendments are proposed 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.
The statutes that are affected by these rules are Local Government Code,
Chapter 351, §351.002 and §351.015.
§261.234.Holding Cells.
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. Holding cells shall contain the following
features and equipment:
(1)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
§261.235.Detoxification Cells.
A facility should provide one or more detoxification cells for the
detention of persons during the detoxification process. These cells shall
include the following features and equipment:
(1)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000802
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §261.332
The Texas Commission on Jail Standards proposes an amendment
to §261.332 concerning Existing Minimum Security Design, Construction
and Furnishing Requirements to limit the amount of time an inmate is held
in a holding cell to no more than 48 hours and ensure that if provided, phones
will be detention type and cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to provide minimum standards
that ensure inmates are processed, classified, housed and provided a mattress,
blanket, and/or hygiene items within 48 hours. Furthermore, requiring cordless
phones within holding cells will lessen a potential risk factor associated
with inmate suicides.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, §351.002 and §351.015.
§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)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000803
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §261.333
The Texas Commission on Jail Standards proposes an amendment
to §261.333 concerning Existing Minimum Security Design, Construction
and Furnishing Requirements to ensure that if provided, phones will be detention
type and cordless.
Jack E. Crump, executive director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump, executive director, has determined that for each year of the
first five years the rule as proposed is in effect the public benefits anticipated
as a result of enforcing the rule as proposed will be to lessen a potential
risk factor associated with inmate suicides by requiring phones, if provided
within detoxification cells, to be cordless.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this rule are Local Government Code,
Chapter 351, §351.002 and §351.015.
§261.333.Detoxification Cells.
Any facility that anticipates the housing of intoxicated persons should
provide one or more detoxification cells for the detention of persons during
the detoxification process. These cells shall include the following features
and equipment:
(1)-(5)
(No change.)
(6)
Phones. If located within the cell,
shall be wall mount, detention type cordless phones.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000804
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §271.1, §271.7
The Texas Commission on Jail Standards proposes amendments
to §271.1 and §271.7 concerning Classification and Separation of
Inmates to allow for separate classification plans for Texas Department of
Criminal Justice and Federal inmates.
Jack E. Crump, Executive Director, has determined that for the first five
year period the rules are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump has determined that for each year of the first five years the
rules as proposed are in effect the public benefits anticipated as a result
of enforcing the rule as proposed will be to recognize that facilities holding
contracted Texas Department of Criminal Justice and Federal inmates, when
housed together and separately from other inmates, need not be classified
by Texas Jail Standards. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the sections as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendments are proposed 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.
The statutes that are affected by the amendment are Local Government Code,
Chapter 351, §351.002 and §351.015.
§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)-(6)
(No change.)
(7)
when housed together and separately
from all other inmates, contracted TDCJ-ID inmates may be classified solely
by approved TDCJ-ID classification policies and procedures. When housed together
and separately from all other inmates, federal inmates need not be classified
by objective jail classification requirements as outlined in this chapter.
Housing units for federal and contracted TDCJ-ID inmates shall be approved
by federal and TDCJ-ID 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.
[(7)
persons assigned to a detoxification
cell shall be transferred to a housing or holding area as soon as they can
properly care for themselves;]
[(8)
the status of persons confined to
a violent cell shall be reassessed and documented at least every 24 hours
for continuance of status;]
[(9)
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]
[(10)
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)
(No change.)
(2)
Initial Custody Assessment. To be completed on all
newly admitted inmates prior to housing assignments to determine custody levels.
[
(3)
(No change.)
(c)
(No change.)
§271.7.Audit.
The plan shall provide that an annual, internal audit shall be conducted
on the classification system. Audit records shall be maintained for Commission
review. The audit shall assess the following features of the objective classification
system:
(1)
inmates are classified
prior to placement in inmate
housing
[
(2)-(4)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000805
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §273.6, §273.7
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Jail Standards or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Jail Standards proposes
the repeal of §273.6 and §273.7 concerning Health Services. The
repeal of §273.6 and §273.7 is deemed necessary to implement changes
to standards. This repeal is being proposed simultaneously with the propose
new §§273.6 - 273.8 to establish minimum standards regarding the
use of restraints under Chapter 273 Health Services.
Jack E. Crump, Executive Director, has determined that for the first five
year period the repeals are in effect there will be no fiscal implications
for state or local government as a result of the repeal of the sections.
Mr. Crump has determined that for each year of the first five years the
repeals are in effect the public benefits anticipated as a result of enforcing
the repeals will be to ensure minimum standards that address procedures regarding
the use of restraints are provided. There will be no effect on small businesses.
There is no anticipated economic cost to persons as a result of the repeal
of the sections.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The repeals are proposed 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.
The statutes that are affected by the repeals are Local Government Code,
Chapter 351, §351.002 and §351.015.
§273.6.Tuberculosis Screening Plan.
§273.7.Health Services.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 10, 2000.
TRD-200001047
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §§273.6 - 273.8
The Texas Commission on Jail Standards proposes new §§273.6
- 273.8 concerning Health Services to establish minimum standards regarding
the use of restraints.
Jack E. Crump, Executive Director, has determined that for the first five
year period the rules are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Crump has determined that for each year of the first five years the
rules as proposed are in effect the public benefits anticipated as a result
of enforcing the rules as proposed will be to ensure adequate procedures are
provided if the use of restraints is deemed necessary. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The new sections are proposed 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.
The statutes that are affected by the new sections rule are Local Government
Code, Chapter 351, §351.002 and §351.015.
§273.6.Restraints.
Inmates exhibiting behavior indicating that they are a danger to themselves
or others shall be managed in such a way as to minimize the threat of injury
or harm. If restraints are determined to be necessary, they shall be used
in a humane manner, only for the prevention of injury, and not as a punitive
measure.
(1)
The decision to apply restraints shall be made by supervisory
or medical personnel. Appropriate staff should assess the inmate's medical
condition.
(2)
Restraints should restrict movement of an inmate only
to the degree necessary to avoid injurious behavior. Soft or padded restraints
should be used when feasible. Inmates shall not be restrained in an unnatural
position (e.g., hog-tied, face-down, or spread-eagle).
(3)
A documented observation of the inmate shall be conducted
every 15 minutes, at a minimum. The observations should include an assessment
of the security of the restraints and the circulation to the extremities.
(4)
The inmate should receive medical care a minimum of
every 2 hours, to include changing position, exercising extremities, offering
nourishment and liquids, offering toilet facilities, checking for medication
needs, and taking vital signs. These checks shall be documented.
(5)
Documentation of use of restraints shall include,
but not be limited to the following: the events leading up to the need for
restraints, the time the restraints were applied, the justification for their
use, observations of the inmate's behavior and condition, the 15-minute checks
and the time the restraints were removed.
(6)
Restraints shall be removed from an inmate at the
earliest possible time that the inmate no longer exhibits behavior necessitating
restraint. In no case shall an inmate be kept in restraints longer than 24
hours.
§273.7.Tuberculosis Screening Plan.
(a)
Each facility having a capacity of 100 or more inmates,
or housing inmates transferred from a facility with a capacity of at least
100 beds or housing inmates from another state, shall develop and implement
a plan for tuberculosis screening tests of employees, volunteers, and inmates.
Inmates confined in the jail for more than 7 days shall be tested on or before
the 7th day after the day of confinement. Inmates may be exempt from the screening
test when the test conflicts with the tenets of an organized religion to which
the individual belongs or when the test is contraindicated based on an examination
by a physician. An inmate is not required to be retested at each rebooking
if the inmate is booked into the facility more than once during a 12-month
period, unless the inmate shows symptoms of or is known to have been exposed
to tuberculosis.
(b)
The tuberculosis screening plan shall be developed and
implemented in accordance with 25 TAC §§97.171-97.180 (relating
to Communicable Diseases) and the Texas Health and Safety Code, §§89.001-89.102
and shall be approved by the Tuberculosis Elimination Division, Texas Department
of Health prior to use. The plan shall be made available to the Commission
upon request. A copy of an inmate's medical records or documentation of screenings
or treatment received during confinement shall accompany an inmate transferred
from one correctional facility to another or to TDCJ-ID and be available for
medical review upon arrival of the inmate.
§273.8.Health Services.
For the purpose of establishing a continuity of care system for offenders
with mental impairments, elderly, physically disabled, terminally ill, or
significantly ill, the Texas Council on Offenders with Mental Impairments
(TCOMI) and the Texas Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) and the Texas Commission on Jail Standards (TCJS) agree
to the following Memorandum of Understanding.
(1)
Authority and Purpose. Senate Bill 252, Acts 1993, 73rd
Legislature, Chapter 488, 1, codified as Texas Health and Safety Code, §614.013,
authorizes TCOMI and TCLEOSE and the TCJS to establish a written Memorandum
of Understanding that identifies methods for:
(A)
identifying offenders in the criminal justice system who
are mentally impaired, elderly, physically disabled, terminally ill, or significantly
ill;
(B)
developing procedures for the exchange of information relating
to offenders who are mentally impaired, elderly, physically disabled, terminally
ill, or significantly ill by the Council, TCLEOSE, and the TCJS for use in
the continuity of care and services program; and
(C)
adopting rules and standards that assist in the development
of a continuity of care and services program for offenders who are mentally
impaired, elderly, physically disabled, terminally ill, or significantly ill.
(2)
All entities agree to the extent possible to:
(A)
enter into a Memorandum of Understanding fulfilling the
statutory requirements and purposes of Health and Safety Code, §614.013,
as set forth in this section;
(B)
seek a statutory change in current statutes to allow for
the exchange of information (including electronic) about offenders with special
needs without consent of the individuals involved for the purpose of providing
or coordinating services among the entities;
(C)
develop a system that provides for timely identification
of offenders with special needs who come into contact with law enforcement
or jail personnel;
(D)
submit a list of contact staff to the TCOMI who are responsible
for responding to referrals and/or issues regarding persons with special needs;
(E)
distribute relevant training seminar and/or educational
information towards improving each agency's knowledge and understanding of
the identification and management of offenders with special needs;
(F)
develop and implement a standardized release of information
form that can facilitate the exchange of client information;
(G)
inform the other of any proposed rule or standards changes
which could affect the continuity of care system. Each agency shall be afforded
30 days after receipt of proposed change(s) to respond to the recommendations
prior to the adoption;
(H)
provide ongoing status reports to the Council on the implementation
of initiatives outlined in this Memorandum of Understanding; and
(I)
provide opportunities for cross-training for each other's
staff.
(3)
Texas Commission on Mental Impairments shall:
(A)
provide technical assistance toward the development of
improved medical and psychiatric screening standards;
(B)
provide training and technical assistance to state or local
law enforcement or jails on enhancing identification and management strategies
for offenders with special needs;
(C)
develop a statewide directory of contact staff for distribution
to state and local law enforcement and jail personnel;
(D)
monitor and coordinate the implementation of the activities
of this Memorandum of Understanding;
(E)
provide reports to the Legislature on the status of implementation
of activities; and
(F)
participate in any relevant research or studies relevant
to offenders with special needs who come into contact with law enforcement
or who are incarcerated in county jails.
(4)
Texas Commission on Law Enforcement Officer Standards
and Education shall:
(A)
develop and publish a mental health officer training inservice
curriculum to train law enforcement officers and county corrections officers;
(B)
establish a Mental Health Officer Certification Program;
and
(C)
develop and publish an inservice training course for law
enforcement officers and county corrections officers that is concerned with
individuals with special needs.
(5)
Texas Commission on Jail Standards shall:
(A)
develop mental health standards which address training
needs, identification, communication, housing, supervision and referrals;
and
(B)
provide technical assistance for local jails on management
strategies for offenders with special needs.
(6)
Review and Monitoring.
(A)
TCOMI, TCLEOSE, and TCJS shall jointly monitor implementation
of the continuity of care system as outlined in this Memorandum of Understanding.
The intent of all agencies is to provide timely communication, discussion
and resolution of transitional problems should any occur.
(B)
This Memorandum of Understanding shall be adopted by the
Texas Council on Offenders with Mental Impairments, the Texas Commission on
Law Enforcement Officer Standards and Education and the Texas Commission on
Jail Standards. Subsequent to adoption, all parties to this memorandum shall
annually review this memorandum and provide status reports to the Texas Council
on Offenders with Mental Impairments. Amendments to this Memorandum of Understanding
may be made at any time by mutual agreement to the parties.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000806
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
37 TAC §283.1
The Commission on Jail Standards proposes amendment to §283.1
concerning Discipline and Grievances to allow for separate discipline procedures
for Texas Department of Criminal Justice and Federal inmates.
Jack E. Crump, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Crump has determined that for each year of the first five years the
rule as proposed is in effect the public benefits anticipated as a result
of enforcing the rule as proposed will be to recognize that facilities holding
contracted Texas Department of Criminal Justice and Federal inmates, when
housed together and separately from other inmates, need not be disciplined
by Texas Jail Standards. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box
12985, Austin, Texas, 78711, (512) 463-5505.
The amendment is proposed 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.
The statutes that are affected by this amendment are Local Government Code,
Chapter 351, §351.002 and §351.015.
§283.1.Inmate Discipline Plan.
Each sheriff/operator shall develop and implement a written disciplinary
plan, approved by the Commission, governing inmate conduct. The plan shall
provide for the firm, fair, and consistent application of rules and regulations.
Facilities housing contracted TDCJ-ID inmates may adhere to TDCJ-ID disciplinary
policies and procedures for these inmates, when they are housed together,
and separately from all other inmates. Facilities housing federal inmates
may adhere to federal disciplinary policies and procedures for these inmates,
when they are housed together, and separately from all other inmates.
For purposes of inmate discipline, violations of institutional rules and regulations
shall be divided into Minor Infractions and Major Infractions.
(1)-(4)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 4, 2000.
TRD-200000807
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 463-5505
(3)
] An employee or volunteer
accused of mistreatment shall be notified in writing of the allegations prior
to the commencement of the investigation.
(4)
] Findings shall be based
upon a preponderance of the evidence. A summary of the findings and conclusions
shall be provided to the accused employee or volunteer, the youth, and the
reporter at the conclusion of the investigation. A written copy of the same
shall be given to the accused employee.
(5)
] All allegations of mistreatment
are thoroughly investigated, including new allegations that arise during the
course of the initial investigation.
(6)
] Each investigator shall
submit an accurate and thorough report which indicates he/she has:
(7)
] When necessary,
additional staff will be assigned to conduct investigations. Priority will
be given to situations threatening the immediate safety and well-being of
the youth.
(8)
] The allegation of mistreatment
is filed by the facility or program where the alleged incident occurred even
though the alleged victim and other witnesses may have moved prior to the
filing;
(9)
] The youth rights administrator
may aid or assume an investigation at any stage of the investigation process.
This shall include enlisting the assistance of additional investigators when
all parties are not located in the same place.
Part 9.
TEXAS COMMISSION ON JAIL STANDARDS
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.
Holding cells shall contain the following
features and equipment.
]
Subchapter C. NEW LOCKUP DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
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.
Subchapter D. NEW MEDIUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
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.
Subchapter E. NEW MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
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. Day rooms may be contiguous with inmate living areas provided that
space requirements for living areas and day rooms are met. Convenient electrical
receptacles circuited with ground fault protection shall be provided.
Subchapter H. NEW LONG-TERM INCARCERATION DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
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. Seating and table for at least one inmate may be provided in day rooms
serving administrative segregation cells upon Commission approval. A utility
sink should be provided. Convenient electrical receptacles circuited with
ground fault protection shall be provided. Power to receptacles shall be individually
controlled outside of the day room.
Holding cells shall contain the following features and equipment
].
Chapter 260.
COUNTY CORRECTIONAL CENTERS
Chapter 261.
EXISTING CONSTRUCTION RULES
Holding cells shall contain the following features and equipment:
]
Subchapter B. EXISTING LOCKUP DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
Subchapter C. EXISTING MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
Holding cells,
if provided, shall contain the following features and equipment:
]
Chapter 271.
CLASSIFICATION AND SEPARATION OF INMATES
This shall be accomplished within 72 hours of admission.
]
within 72 hours
];
Chapter 273.
HEALTH SERVICES
Chapter 283.
DISCIPLINE AND GRIEVANCES
Chapter 291.
SERVICES AND ACTIVITIES