Part 5.
TEXAS BOARD OF PARDONS AND PAROLES
Chapter 145.
PAROLE
Subchapter C. REVOCATION OF PAROLE OR MANDATORY SUPERVISION
37 TAC §§145.54, 145.55, 145.58
The policy board of the Texas Board of Pardons and Paroles
adopts the repeals of 37 TAC §§145.54, 145.55 and 145.58, concerning
hearing procedures in the revocation process of parole or mandatory supervision.
The repeals are adopted without change as published in the March 22, 2002,
issue of the
Texas Register
(27 TexReg 2209).
The text of the repals will not be republished.
The sections are adopted for repeal to incorporate new and old language
under Chapter 146, Revocation of Parole or Mandatory Supervision.
No comments were received regarding the adoption of the repeals of the
rules.
The repeals of these rules are adopted under §§508.036,
508.044, and 508.281, Government Code. The board interprets §508.036
and §508.044 as relating to the policy board's duty to adopt rules as
it considers proper or necessary concerning the decision-making processes
used by the board and parole panels. The board interprets §508.281 as
authorizing the policy board to adopt rules governing the hearing process
for parole or mandatory supervision.
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 May 30, 2002.
TRD-200203340
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: June 19, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 406-5458
37 TAC §145.71, §145.72
The policy board of the Texas Board of Pardons and Paroles
adopts the repeals of 37 TAC §145.71 and §145.72, concerning hearing
procedures in the revocation process of parole or mandatory supervision. The
repeals are adopted without change as published in the March 22, 2002, issue
of the
Texas Register
(27 TexReg 2210). The
text of the repeals will not be republished.
The sections are adopted for repeal to incorporate new and old language
under Chapter 146, Revocation of Parole or Mandatory Supervision.
No comments were received regarding the adoption of the repeals of the
rules.
The repeals of these rules are adopted under §§508.036,
508.044, and 508.281, Government Code. The board interprets §508.036
and §508.044 as relating to the policy board's duty to adopt rules as
it considers proper or necessary concerning the decision-making processes
used by the board and parole panels. The board interprets §508.281 as
authorizing the policy board to adopt rules governing the hearing process
for parole or mandatory supervision.
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 May 30, 2002.
TRD-200203341
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: June 19, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 406-5458
37 TAC §146.11, §146.12
The policy board of the Texas Board of Pardons and Paroles
adopts new rules 37 TAC §146.11 and §146.12, concerning motions
to reopen hearings or to reinstatement supervision. Section 146.11 is adopted
with changes to the proposed text as published in the March 22, 2002, issue
of the
Texas Register
(27 TexReg 2210). Section
146.12 is adopted without changes to the proposed text and willl not be republished.
The new sections are adopted as additions to Chapter 146, Revocation of
Parole or Mandatory Supervision. The purpose of the new rules is to incorporate
rules on the re-opening and re-instatement processes into those relating to
revocation procedures of the hearing process.
No comments were received regarding the adoption of the new rules.
The new rules are adopted under §§508.036, 508.044,
and 508.281, Government Code. The board interprets §508.036 and §508.044
as relating to the policy board's duty to adopt rules as it considers proper
or necessary concerning the decision-making processes used by the board and
parole panels. The board interprets §508.281 as authorizing the policy
board to adopt rules governing the hearing process for parole or mandatory
supervision.
§146.11.Releasee's Motion To Reopen Hearing or Reinstate Supervision.
(a)
The releasee or releasee's attorney shall have 60 days
from the date of the board panel's revocation decision to request a reopening
of the case for any substantial error in the revocation process or upon newly
discovered information.
(b)
A request to reopen the revocation hearing or reinstate
supervision submitted later than 60 days from the date of the board panel's
revocation decision will not be considered unless under exceptional circumstances
including but not limited to:
(1)
judicial reversal of a judgment of conviction of a criminal
offense where the offense constituted an underlying factor in the initial
revocation decision;
(2)
judicial order requiring a hearing;
(3)
initial revocation effected without opportunity for a hearing
or waiver as required under law.
(c)
Any such request for reopening made under this section
must be in writing and delivered to the board or placed in the United States
mail (certified, return receipt requested) and addressed to the Texas Board
of Pardons and Paroles, Board Administrator, P.O. Box 13401, Austin, Texas
78711.
(d)
On transmittal, a board panel designated by the chair other
than the original panel shall dispose of the motion by:
(1)
granting of the motion and ordering that the hearing be
reopened for a stated specified and limited purpose;
(2)
denial of the motion; or
(3)
reversal of the panel decision previously entered and withdrawal
of the board's revocation warrant, under the same terms and provisions as
provided in §146.10 of this title (relating to Final Board Disposition).
(e)
The releasee and attorney, if any, shall be notified in
writing of the board panel's decision.
(f)
When a releasee's motion to reopen the hearing under this
section is granted, the releasee shall be deemed to have consented to such
further reasonable delay in the final disposition of his or her case as shall
be required for the procedure described in §146.12 of this title (relating
to Procedure after Motion To Reopen Is Granted; Time; Rights of the Releasee;
Final Disposition).
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 May 30, 2002.
TRD-200203342
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: June 19, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 406-5458
Chapter 151.
GENERAL PROVISIONS
37 TAC §151.4
The Texas Board of Criminal Justice adopts revisions to §151.4,
concerning Presentations to the Texas Board of Criminal Justice with changes
to the proposed text as published in the April 19, 2002, issue of the
The purpose of the adoption is to respond to a petition for a rule change
by providing an opportunity for public presentations to the Texas Board of
Criminal Justice on topics that are subject to the Board's jurisdiction but
are not posted for deliberation.
Comments were received on the proposed amendments and are summarized, with
responses, as follows:
Comment: Concerning §151.4(a). Approximately fourteen comments were
received in general support of the proposed amendments, but requesting that
the public should be allowed to speak to the Board on items not posted on
the agenda at all scheduled meetings, and one comment requested that the opportunity
be quarterly.
Response: The Board retains the proposed version because the opportunity
to speak on a non-posted item is only one avenue for expressing concerns to
the Board members. The proposed rule retains the previously existing provision
for an external request of an agenda item, as well as the ability to testify
on matters that are on the Board's posted agenda, and §151.6 allows for
petitions to the Board to change agency policy by rulemaking. In addition,
there are there are numerous and varied forms of oversight of prison conditions
that are already well in place, including internal administrative review systems,
investigations by an Inspector General's office that reports to the Board,
external audits and reviews such as those by the State Auditor's Office and
Texas Performance Review, legislative oversight, media scrutiny, and litigation.
Further, the TDCJ Ombudsman works with individual family members of incarcerated
persons, and organized groups of such family members, to routinely provide
information and resolve problems.
Comment: Concerning §151.4(a)(3). Approximately nine comments were
received that suggested striking this paragraph from the agency rule, on the
basis that the text as proposed removes any issues of employee and inmate
grievance procedures from Board consideration.
Response: The interpretation of the commenters is not the Board's intent.
Rather, the intent is to preclude the use of the Board as a forum for an individual
matter that should be confined to the procedures already provided, taking
the Board out of its policymaking role. The text of subsection (a)(3) as proposed
is changed in the adopted version to clarify this intent, and subsection (a)
is amended to provide more information about topics that are within the Board's
jurisdiction.
Comment: Concerning §151.4(a)(2). One comment requests to put the
word "reasonably" before the word "determined."
Response: The Board chairman and general counsel intend to make reasonable
determinations, and adding this word is not necessary, nor will it assure
that all observers agree with a particular determination.
Comment: Concerning §151.4(b). One comment requests that the requirements
in paragraphs (1) and (6), that a presenter identify him/herself and attest
to the truthfulness of their testimony, respectively, be removed so as not
to chill presenters who are intimidated by these requirements or fear retaliation.
Response: The Board retains the proposed version in the belief that it
is permissible and appropriate to require presenters at an official public
hearing to identify themselves and be held to a standard of truthfulness in
their comments to the Board.
Comment: Concerning §151.4(d). One comment requests to put the word
"reasonable" before the word "discretion."
Response: The Board chairman intends to make reasonable determinations,
and adding this word is not necessary, nor will it assure that all observers
agree with a particular determination.
Comment: Concerning §151.4(f)(3). One comment requests to put the
word "reasonably" before the word "determined." Also, a request to put the
phrase "after having been given notice and a fair opportunity to correct the
disruption" before the word "must."
Response: The Board chairman intends to make reasonable determinations,
and adding "reasonably" is not necessary, nor will it assure that all observers
agree with a particular determination. Regarding an opportunity to cure the
disruption prior to removal, the Board agrees and the text of subsection (f)(3)
as proposed is changed in the adopted version to reflect this.
Comment: Concerning §151.4(g). One comment indicated that the rule
does not correctly characterize the culpable mental states in Texas Penal
Code §§46.02, 46.035(c), or 46.05.
Response: The text of subsection (g) in the adopted version is changed
to reflect that people are not permitted to carry the named weapons at a board
meeting, instead of characterizing the conduct as a criminal offense.
The amendment is adopted under Texas Government Code, §492.013
which grants general rulemaking authority to the Board and §492.007,
which requires the Board to provide access and public comment on issues within
the jurisdiction of the board, as well as Texas Government Code Chapter 551,
the Open Meetings Act.
Cross Reference to Statutes: Texas Government Code, Chapter 551, and §492.007.
§151.4.Presentations to the Texas Board of Criminal Justice.
(a)
Policy. The Texas Board of Criminal Justice is committed
to provide access and opportunity for public comment on issues within the
jurisdiction of the Board, and invites public testimony on items that are
part of the board's posted agenda as provided for in subsection (b) of this
section. The Board defines its areas of jurisdiction in Board Policy BP-01.01,
available at the Board office at the address in subsection (d) of this section,
or on the Internet at http://tdcj.state.tx.us/policy/policy-home.htm. Persons
outside the agency who wish to have items placed on the board agenda are invited
to follow the procedure in subsection (d) of this section. On an annual basis,
ordinarily in the July meeting of the Board, an opportunity shall be provided
for public presentations on issues that are not part of the Board's posted
agenda. Annual public presentations shall be:
(1)
subject to the requirements and restrictions of subsections
(b), (c), (f) and (g) of this section;
(2)
pertinent to issues under the jurisdiction of the board,
as determined by the chairman and the general counsel; and
(3)
pertinent to TDCJ policies, procedures, standards, and
rules, while actual disputes that are properly the subject of the employee
grievance system, the employee disciplinary system, the inmate grievance system,
the inmate disciplinary system, or pending litigation shall be addressed through
those processes.
(b)
Registration. Persons who desire to make presentations
to the Board shall complete registration cards which shall be made available
at the entry to the place where the Board's scheduled meeting is to be held.
Completed registration cards must be provided to the executive assistant to
the chairman at least 10 minutes prior to the posted time for the beginning
of the meeting. The registration cards shall include blanks in which all of
the following information must be disclosed:
(1)
name of the person making a presentation;
(2)
a statement as to whether the person is being reimbursed
for the presentation; and if so, the name of the person or entity on whose
behalf the presentation is made;
(3)
a statement as to whether the presenter has registered
as a lobbyist in relationship to the matter in question;
(4)
a reference to the agenda item, if applicable, that the
person wishes to discuss before the Board;
(5)
an indication as to whether the presenter wishes to speak
for or against the proposed agenda item, if applicable;
(6)
a statement verifying that all factual information to be
presented shall be true and correct to the best of the knowledge of the speaker.
(c)
Presentation timing. The chairman of the Texas Board of
Criminal Justice shall have discretion in setting reasonable limits on the
time to be allocated for each presentation. If several persons wish to address
the board on the same agenda item, it shall be within the discretion of the
chair to request that persons who wish to address the same side of the issue
coordinate their comments, or limit their comments to an expression of support
for views previously articulated by persons speaking on the same side of an
issue. The chairman shall provide an opportunity for presentation by a person
who has submitted a registration card prior to the board's taking action on
the item that the person indicates a wish to discuss, if the presentation
applies to an item on the agenda.
(d)
Requests that issues be placed on an agenda. Persons outside
the agency who wish to have an agenda item posted shall address their request
to the Chairman, Texas Board of Criminal Justice, P.O. Box 13084, Austin,
Texas 78711. Such requests should be submitted at least 50 days in advance
of the board meeting. The decision whether to calendar a matter for discussion
before the full Board, a Board committee, a Board liaison, or with a designated
staff member, shall be within the discretion of the chairman.
(e)
Disability accommodation. Persons with disabilities who
have special communication or accommodation needs and who plan to attend a
meeting may contact the Board office in Austin. Requests should be made at
least two days before a meeting. The department will make every reasonable
effort to accommodate these needs.
(f)
Conduct and decorum. The Board will receive public input
as authorized by this section, subject to the following additional guidelines.
(1)
Questioning of those making presentations will be reserved
to Board members and staff recognized by the chairman.
(2)
Presentations shall remain pertinent to the issue being
discussed.
(3)
A person who is determined by the chairman to be disrupting
a meeting must immediately cease the disruptive activity or leave the meeting
room if ordered to do so by the chairman.
(4)
A person may not assign a portion of his or her time to
another speaker.
(g)
A person may not carry a prohibited weapon, an illegal
knife, a club, a handgun, or a licensed concealed handgun at a meeting of
the Board.
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 May 31, 2002.
TRD-200203380
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 20, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 463-0422
37 TAC §151.8
The Texas Department of Criminal Justice adopts the new §151.8,
concerning Advisory Committees related to the Texas Department of Criminal
Justice as established by or under state law. Section 151.8 is adopted with
changes to the proposed text as published in the April 19, 2002, issue of
the
Texas Register
(27 TexReg 3323).
The purpose of the section is to set forth the TDCJ Advisory Committees
that are governed by Government Code Chapter 2110 (as amended by House Bill
2914, Session Laws Chapter 1158, 77th Legislature, Regular Session) and establish
a procedure whereby TDCJ shall annually evaluate each committee's work, usefulness,
and costs of existence. The results of these evaluations will be reported
biennially to the Legislative Budget Board.
No comments were received, however, the agency did detect that one sentence,
which is required by statute, was inadvertently left out of the proposal as
published on 27 TexReg 3323, and subsection (b) is amended to add the sentence
"The JAC is abolished on September 1, 2011."
The new rule is adopted under Texas Government Code, §492.013,
which grants general rulemaking authority to the Board and Texas Government
Code, Chapter 2110, which requires this section, §493.003(b), which establishes
the Judicial Advisory Council, and Chapter 510, which establishes the Council
on Interstate Adult Offender Supervision.
Cross Reference to Statutes: Texas Government Code, Chapter 2110, §493.003(b),
and Chapter 510.
§151.8.Advisory Committees.
(a)
General. This section identifies advisory committees related
to TDCJ and established by or under state law. TDCJ Financial Services shall
annually evaluate each committee's work, usefulness, and costs of existence,
and report that information biennially to the Legislative Budget Board.
(b)
Judicial Advisory Council ("JAC"). The JAC exists pursuant
to Government Code §493.003(b). The purpose, tasks, and reporting procedure
for the JAC are described in §161.21 of this title (relating to Role
of the Judicial Advisory Council). The JAC is abolished on September 1, 2011.
(c)
Council on Interstate Adult Offender Supervision ("CIAOS").
Pursuant to Government Code Chapter 510, the CIAOS shall advise the administrator
for the Interstate Compact for Adult Offender Supervision and the state's
commissioner to the Interstate Commission for Adult Offender Supervision,
on the state's participation in commission activities and the administration
of the compact. The presiding officer of the CIAOS, or a designee, shall report
to the Texas Board of Criminal Justice prior to and after each meeting of
the Interstate Commission for Adult Offender Supervision.
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 May 31, 2002.
TRD-200203382
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 20, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 463-0422
Subchapter A. PROCEDURES TO DETERMINE PREVAILING WAGE RATES
37 TAC §155.1
The Board of the Texas Department of Criminal Justice adopts
the repeal of §155.1, concerning Procedures to Determine Prevailing Wage
Rates without changes to the proposal as published in the March 22, 2002,
issue of the
Texas Register
(27 TexReg 2211).
The purpose of the repeal is to delete language that describes a practice
that is obsolete and no longer within the agency's authority.
No comments were received regarding this repeal.
The repeal is adopted under Texas Government Code §492.013
which grants general rulemaking authority.
There is no cross-reference to statute.
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 May 31, 2002.
TRD-200203383
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 20, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 463-0422
37 TAC §§163.3, 163.5, 163.21, 163.31, 163.33 - 163.35, 163.37, 163.39 - 163.43, 163.46, 163.47
The Texas Board of Criminal Justice (Board), on behalf of
the Texas Department of Criminal Justice-Community Justice Assistance Division
(CJAD), adopts amendments to §§163.3, 163.5, 163.21, 163.31, 163.33
- 163.35, 163.37, 163.39 - 163.43, 163.46, and 163.47, concerning standards
for Community Supervision and Corrections Departments (CSCDs). Sections 163.3,
163.21, 163.31, 163.33 - 163.35, 163.37, 163.39 - 163.43, 163.46, and 163.47
are adopted with changes to the proposed text as published in the March 8,
2002, issue of the
Texas Register
(27 TexReg
1664). Section 163.5 is adopted without changes and will not be republished.
The purpose of the adoption is to implement substantive clarification to
the entirety of the Community Justice Assistance Divisions Standards.
The following entities furnished written comments on the proposed amendments:
Judge Larry Gist, Chair of the Judicial Advisory Council; Todd Jermstad, Staff
Attorney, Bell/Lampases County CSCD; Bennet Chapman, Training Director, Harris
County CSCD; and Jim Roberts, CSCD Director, Hood County CSCD.
Commentators requested language be deleted in §163.33, concerning
Eligibility, that in 1997 the Government Code was changed to provide that
"to be eligible for appointment as an officer who supervises defendants placed
on community supervision a person must have acquired a bachelors degree conferred
by an institution of higher education accredited by an accrediting organization
recognized by the Texas Higher Education Coordinating Board." The Board agrees
that while the standard does not reflect the wording of Government Code §76.005
Standards for Officers, the current wording of the standard was negotiated
with the Probation Advisory Council in order for District Judges and Community
Supervision and Corrections Department Directors to have a higher standard
for the appointment of community supervision officers (CSOs), while at the
same time allowing for the appointment of CSOs who were best qualified for
the local jurisdiction. The current standard continues to allow the appointment
of CSOs who meet the definition of eligibility within the Government Code.
Bennet Chapman comments question many of the current and proposed revisions
to §163.33, suggesting clarification about required CSO training hours,
CSO certification, residential CSO certification, loss of CSO and residential
CSO certification, direct care staff training requirements in first aid and
cardiopulmonary resuscitation (CPR), and the residential reintegration model
training requirements. The Board believes that the standards relating to CSO
training requirements are clearly stated in standard §163.33(b). This
standard allows the CSCD director to approve forty training hours and the
CJAD to approve forty training hours. Further, CSO and residential CSO certification
and recertification requirements are clearly set in standard §163.33(c)
- (g). These standards speak to the requirements of certification, loss of
certification, dual certification, and the recertification process due to
the loss of certification by either not maintaining training hours or those
CSOs who return to the field of community corrections after an absence or
leave from the field of community corrections. The Board agrees with the comments
presented on the requirements for the reintegration model training time frames
as well as for the first aid and cardiopulmonary resuscitation (CPR) training
requirements for residential direct care staff.
Comments from Todd Jermstad question, (2) - (4), the changes made to separate
inmate housing, emergency furloughs, and the deletion of county correctional
centers. The Board believes that housing inmates separately from inmates decreases
the level of liability associated with co-mingling offenders. The cost to
operate a facility in this manner would be covered in the proposed budget
submitted to the TDCJ-CJAD. The Board agrees to the language change in §163.39(f)(9)(B)
and §163.39 as proposed has been revised accordingly. The Board further
agrees to the comments made regarding the deletion of county correctional
centers and §169.39 as proposed has been revised accordingly.
Mr. Jermstad comments, (5) - (10), question many of the proposed revisions
to §163.34, suggesting problems with changing "weapons" to "firearms"
in several places; expressing concern with the deletion of limiting use of
weapons to self-defense; and suggesting that TDCJ-CJAD "should require CSCDs
to provide information that identifies the number of CSCDs that authorize
their officers to carry weapons, the number of officers that carry weapons,
and the number of officers who have ceased to carry weapons, either by termination
of employment or by turning in their weapon either upon request of the CSCD
or on their own volition." The Board agrees with these comments and section
163.34 as proposed has been revised accordingly.
Comment from Jim Roberts request language be changed regarding emergency
furloughs, incident notification, offender eligibility to include the notification
of CSCD directors of sending county, and questions time frame discrepancies
in health screening for residents of facilities. The Board agrees with the
comments and §163.39 as proposed has been revised accordingly.
The amended sections are adopted under Texas Government Code §492.013,
which grants general rulemaking authority to the Board of Criminal Justice,
and §509.003, which authorizes the Board to adopt reasonable rules establishing
minimum standards for the operations and programs of community supervision
and corrections departments.
§163.3.Objectives.
The objectives of the Texas Department of Criminal Justice-Community
Justice Assistance Division (TDCJ-CJAD) standards are:
(1)
to make community supervision and corrections available
to every judicial district in Texas;
(2)
to continue community supervision and corrections as a
viable criminal justice sanction;
(3)
to assist Community Supervision and Corrections Department
(CSCDs) in providing protection to the community and rehabilitation services
for the offender;
(4)
to provide technical assistance in the establishment, improvement,
and expansion of community-based programs;
(5)
to coordinate information and services available from federal,
state, and local resources;
(6)
to establish minimum uniform community supervision and
corrections administration standards;
(7)
to establish a statewide statistical information service;
(8)
to enhance the professional knowledge and skills of CSCD
personnel by providing statewide and regional education and training and by
providing assistance for in-service training with the departments;
(9)
to establish an ongoing assessment and evaluation of community
supervision and community-based correctional methods and systems; and
(10)
to establish regionally based programs serving two or
more jurisdictions where such programs address similar offender profiles.
§163.21.Administration.
(a)
CSCD Director. The district judge or judges shall appoint
a CSCD director, who shall meet, at a minimum, the same eligibility criteria
as a community supervision officer (CSO) as cited in the Texas Government
Code §76.005, and §163.33 of this title (relating to CSOs). It is
the responsibility of the CSCD director to apply state, local, and other available
resources to employ a sufficient number of officers and other employees to
perform the professional and clerical work of the department as required by
law, TDCJ-CJAD standards, and local community corrections needs as identified
in the local community justice plan. The TDCJ-CJAD director is to be notified
by the administrative judge of the appointment of a CSCD director.
(b)
Administrative Manual. CSCD directors shall be responsible
for the development of an administrative manual defining general purposes
and functional objectives, incorporating all written policies and procedures,
assuring that they are made available to all staff members. These policies
and procedures shall include, at a minimum, those administrative issues as
provided in section 23 of the Guidelines for the Organization, Management,
and Operation of CSCDs, in the State of Texas. The policies and procedures
shall be reviewed by the CSCD director periodically and revised as necessary.
The CSCD director shall provide the TDCJ-CJAD director with a copy of the
CSCD's administrative manual for review when requested.
(c)
Ethics. CSCD directors shall provide each CSCD employee
with a copy of the Code of Ethics adopted by the TDCJ-CJAD and a copy of the
procedure developed by the CSCD director to be used in reviewing and investigating
any alleged violation. All employees of the CSCD must comply with the Code
of Ethics developed by the TDCJ-CJAD.
(d)
Internal Audits. CSCDs shall have a designated procedure
to monitor the skill levels and training needs of individual staff members
and develop a plan for meeting those needs. Internal audits shall be conducted
of direct supervision cases to check for standards compliance, utilization
of case classification, and supervision planning.
(e)
Records. CSCD directors shall ensure that program records
and statistical data consistent with the requirements of the law and TDCJ-CJAD
standards are maintained and provided to TDCJ-CJAD as required.
(f)
Budget. The CSCD director shall prepare and operate from
a budget in a manner consistent with good accounting practices and approved
by the judge(s) of their judicial district. The budget shall be submitted
to the TDCJ-CJAD director in a format as required and within the provisions
as outlined in §163.43 of this title (relating to Funding and Financial
Management).
(g)
Multi-Department Districts.
(1)
Judicial districts composed of more than one county may
apply to the TDCJ-CJAD director for authorization to establish more than one
CSCD within the judicial district. The application submitted by the judge(s)
shall explain how the creation of more than one department will promote:
(A)
administrative convenience;
(B)
economy; or
(C)
improved community supervision and corrections services,
and other reasons, if any.
(2)
The application shall indicate the financial impact and
the approval of the judges in the judicial district or districts hearing criminal
cases affected by the change.
(h)
Complaint Notice. Each CSCD shall notify the public, offenders
and victims of crimes, that they can direct written complaints to the CSCD
and/or TDCJ-CJAD. The notification shall be in the form of a sign posted in
a conspicuous public area in each of the CSCD's offices, or shall be in the
form of written brochures which are to be displayed in a conspicuous public
area in each of the CSCD's offices. The signs/brochures shall be written in
both English and Spanish and shall list the address of the CSCD director and
TDCJ-CJAD's address and shall inform persons that attempts should first be
made to resolve complaints locally; unsatisfactory results may be reported
to TDCJ-CJAD.
(i)
Compliance With Statutes and TDCJ-CJAD Policy Statements.
CSCD directors shall ensure that all CSCD operations comply with all applicable
local, state, and federal laws and TDCJ-CJAD policy statements and official
manuals pertaining to CSCDs.
(j)
Citizen Involvement and Volunteers. If volunteers are used,
the CSCD director shall ensure that written policy, procedure, and practice
exists for guiding the selection and utilization of citizen involvement.
§163.31.Sanctions, Programs, and Services.
(a)
Core Services. All CSCDs shall provide the following core
services:
(1)
Court Services:
(A)
conduct pre/post-sentence investigations as ordered by
the court and in accordance with law;
(B)
report violations to the court;
(C)
provide testimony as custodian of the record;
(D)
conduct assessments and complete reports mandated by law;
(E)
make recommendations to the court regarding conditions
of supervision; and
(F)
maintain case files.
(2)
Basic Supervision:
(A)
enforce conditions of community supervision;
(B)
perform case intake;
(C)
conduct assessments, reassessments, and supervision planning,
and implement strategies to address identified offender risk and needs with
the resources made available to jurisdictions;
(D)
provide contacts to offenders on direct community supervision
per TDCJ-CJAD standards;
(E)
maintain case files;
(F)
develop and monitor community service restitution programs;
(G)
as ordered by the court, assess and, when needed, provide
access to education, substance abuse and mental impairment services;
(H)
monitor employment and provide job and/or vocational services
to employable offenders;
(I)
provide access to assessment and access to treatment services
for sex offenders and violent offenders and maintain appropriate levels of
supervision for both of these types of offenders.
(3)
Administrative Services. Provide adequate management and
support service to the CSCD operation, commensurate with available resources,
to include but not be limited to:
(A)
administrative support staff;
(B)
data processing support;
(C)
data control and evaluation support;
(D)
fiscal services support; and
(E)
training coordinators.
(b)
Continuum of Sanctions. All CSCD directors shall ensure
the development and implementation of a continuum of sanctions to address
the risk and needs of offenders as identified in the jurisdiction's community
justice plan, subject to available resources and local policy.
(c)
Local/Regional Planning. CSCD directors participating in
regional programs and services shall work with the directors of other CSCDs
impacted by those regional efforts in the planning, development, and implementation
of regional programs/services to address offender needs. Regional programs/services
shall be designed to address regional needs as identified in each jurisdiction's
community justice plan and as the more efficient economical response to specific
offender issues for each of the participating jurisdictions.
(d)
Community Service Restitution (CSR). CSCD directors shall
maintain written agreements with governmental and/or nonprofit agencies and
organizations to provide offenders opportunities to comply with court-ordered
community service restitution according to the Texas Code of Criminal Procedure
article 42.12 §16, CSR programs and referrals.
(e)
Educational Skill Level. Utilizing a standardized educational
screening instrument, the CSCD director shall ensure that all persons placed
on community supervision, who are unable to document attainment of a high
school diploma or GED, shall be screened to determine if they:
(1)
possess educational skills equal to or greater than the
sixth grade level; and
(2)
possess the intellectual capacity or learning ability to
achieve the sixth grade skills level. Programs which assist offenders in attaining
the educational skill level of sixth grade and above, shall be developed and/or
made available to the courts for offender referral. CSCD directors may maintain
written agreements with school and volunteer organizations to provide tutoring
to teach reading to functionally illiterate offenders.
(f)
Methods for Measuring the Success of Community Supervision
and Corrections Program. For purposes of Texas Government Code §509.007(b),
the method for measuring program completion is defined as the completion of
all required components of the program, and/or an offender's release from
the program that is not related to any non-compliant behavior; an inappropriate
placement; or death. The method for measuring recidivism is defined as a rearrest
for a new separate offense that is punishable by incarceration (i.e., Class
B Misdemeanors and up). This definition does not include arrests for Motions
To Revoke community supervision and bond forfeitures.
(g)
Conflicts of Interest. The CSCD director shall ensure that
there is a written policy concerning conflicts of interest. The policy shall
address the prohibition of possible conflicts of interest affecting the CSCD,
its supervision officers or employees.
(h)
Partnerships with Law Enforcement Agencies, etc. At the
direction of the district judge or judges, CSCDs shall cooperate and provide
assistance to municipal, county and state law enforcement agencies or peace
officers related to offender supervision, absconder apprehension, victim services,
and other community-based criminal justice activities.
§163.33.Community Supervision Officers.
(a)
Eligibility. In accordance with Texas Government Code §76.005,
to be eligible for employment as a Community Supervision Officers (CSO) who
supervises offenders, a person:
(1)
must have a bachelor's degree conferred by an institution
of higher education accredited by an accrediting organization recognized by
the Texas Higher Education Coordinating Board; and
(2)
unless the bachelor's degree is in criminal justice, criminology,
corrections, counseling, human services development, law, law enforcement,
police science, pre-law, public administration, rehabilitative studies, social
work, psychology, or sociology, the person must have:
(A)
one year of graduate study in one of those fields; or
(B)
one year of experience in full-time casework, counseling,
or community or group work; or
(C)
other education or experience, documented by letter in
the employee's personnel file, which indicates that they were the most qualified
applicant at the time of hiring. Such letter shall be signed by the CSCD Director.
(3)
cannot be employed as a peace officer or work as a reserve
or volunteer peace officer; and
(4)
cannot be currently on community supervision or parole
or serving a sentence for a criminal offense.
(b)
Training. CSCD directors, assistant directors, CCF directors,
assistant CCF directors, CSO supervisory staff and CSOs shall obtain not less
than 80 documented hours of professional skill-based training each biennium.
Forty hours are to be approved by the CSCD director and 40 hours to be approved
by the TDCJ-CJAD director, or her/his designee. Up to 40 hours, in excess
of the 80 hours, may be carried over from one biennium to the next. A certified
CSO who fails to obtain the required 80 hours of training within a biennium
will be ineligible to serve as a CSO. A CSO, exempt from certification, who
fails to obtain the required 80 hours of training within a biennium, will
be ineligible to serve as a CSO until the required hours are obtained. The
CSCD director or his/her designee shall ensure that training records are maintained
and available for TDCJ-CJAD auditors. Those records shall reflect the following:
(1)
the number of training hours accrued;
(2)
the type of training attended with supporting documentation;
(3)
specification of the number of accrued hours that are approved
by the CSCD director;
(4)
the number of accrued hours that are approved by the TDCJ-CJAD
director; and
(5)
the number of training hours carried over from one biennium
to another.
(c)
Certification. Any CSO who is first employed by a CSCD
director or judicial district in this state after September 1, 1987, is required
to complete the certification course work and obtain a passing grade on the
certification examination within one year of the beginning date of employment
as a CSO. An officer failing to achieve certification within one year of their
employment date may not continue to be employed as a CSO beyond the specific
date by which they are to have achieved certification, unless TDCJ-CJAD has
granted an extension for completion of course work and examination as allowed
by law. A CSO who was employed by any CSCD in this state on or at any time
before September 1, 1987, is exempt from the requirements of the certification
program.
(d)
Certification Examination. A new CSO, employed on or after
September 2, 1987, who completes the certification course work but fails the
examination, will be allowed to take the examination one more time. An officer
failing the examination a second time, will be required to complete the certification
course work again before being allowed to take the examination a third and
final time. CSOs will be eligible to pursue the certification requirements
two years after the last testing date, and are ineligible to supervise direct
cases until certification is achieved.
(e)
Exempt Officers Certification. Certification course work
and the certification examination will be available to CSOs appointed prior
to September 2, 1987. An exempt officer who wishes to be certified will be
given one opportunity to pass the certification examination in order to be
certified. If the CSO fails the examination, the officer must complete the
certification course work before attempting to pass the examination again.
(f)
Residential Officer Certification. A residential CSO, employed
or appointed as such on or after September 2, 1989, shall satisfactorily complete
the course work and examination for residential certification offered by TDCJ-CJAD
not later than the first anniversary of the date on which the officer begins
employment with the department's residential facility. Provisions of subsections
(c) - (h) of this section shall also apply to residential CSO.
(g)
Recertification. Once an officer is certified, if the CSO
fails to maintain certification, recertification will be immediately required
by successful completion of the certification examination. An officer who
fails the examination must complete the certification course work for recertification.
If a CSO who is subject to the certification provisions of CJAD Standard subsection
(c) of this section, and who has been employed as a CSO for one year or longer,
leaves the employment of a Texas CSCD for more than one year the CSO is required
to become recertified. Such recertification must be accomplished within one
year of re-appointment by taking and successfully passing the CSO Certification
exam. An officer who fails the exam must complete the CSO certification course
and pass the exam to be recertified. A CSO subject to the certification provisions
of CJAD Standard subsection (c) of this section, and who has been employed
as a CSO for less than one year and leaves the employment of a Texas CSCD
for more than one year, is required to become recertified by completing the
CSO certification course and successfully passing the exam.
(h)
Certification Status. An officer who fails to maintain
his/her CSO certification or residential certification by not obtaining 80
hours of training in accordance with subsection (b) of this section, is immediately
ineligible to supervise direct cases until recertification is achieved.
(i)
Dual Certifications. Residential CSOs are required to be
certified as a CSO and to further obtain certification in residential service.
They must complete both certification courses as noted by the time frames
specified in subsections (c) and (f) of this section. However, they only need
to complete 80 hours of skill-based training related to community supervision
and residential programs per biennium as specified in subsection (b) of this
section to maintain both certifications.
(j)
Residential Personnel Training. All CSCD direct care staff
of a residential facility shall be provided at least 40 hours of documented
professional skill based training per biennium. At least 20 training hours
per biennium shall be applicable to the needs of the population served by
the facility. All of the hours shall be approved by the CSCD Director. At
least 20 of the hours per biennium must be approved by the TDCJ-CJAD director
or his/her designee. The CSCD director shall have written policy regarding
training records for each employee that are maintained to reflect the following:
the number of training hours accrued, the type of training attended with supporting
documentation, specification of the number of accrued hours that are approved
by the CSCD Director, the number of accrued hours that are approved by the
TDCJ-CJAD director, and the number of training hours carried over from one
biennium to another. A maximum of 20 hours earned per biennium, which are
in excess of the 40 required hours that biennium, may be carried over to the
next biennium. All direct care staff of a residential facility shall receive
training in the reintegration model training programs offered by the TDCJ-CJAD
within the first anniversary of their hire date.
(1)
Initial Training Requirements. Within one year from the
date of employment with the facility, all direct care staff shall receive
initial training in the following areas: ethics; discrimination/sexual harassment
issues; first aid procedures; cardiopulmonary resuscitation (CPR) procedures;
and HIV/AIDS education. Direct care staff shall continue to receive the necessary
training as dictated by the guidelines of the granting authority that provided
the initial training in first aid and CPR procedures.
(2)
Defensive Driving. All direct care staff, whose primary
duties include transporting offenders, shall attend a defensive driving course
within one year from date of employment. Direct care staff shall take defensive
driving courses as needed to maintain certification.
(k)
Supervision Officers of SAFPF Program Participants. Supervision
officers who supervise participants in the substance abuse felony punishment
facility (SAFPF) program shall be required to attend and complete TDCJ-CJAD
approved training designed specifically for officers who supervise SAFPF program
participants during the course of treatment in a SAFPF and in the continuum
of care component of the SAFPF program. The required training shall be completed
within 12 months of being assigned supervision of SAFPF program participants,
unless TDCJ-CJAD has granted an extension for completion of the course work.
Supervision officers who supervise SAFPF program participants as of the adoption
date of this requirement and who have not attended the required training,
must complete the training within 12 months of the adoption date.
§163.34.Carrying of Weapons.
(a)
In accordance with Texas Government Code §76.0051,
a CSO is authorized to carry a handgun or other firearm while engaged in the
actual discharge of the officer's duties only if:
(1)
The officer possesses a certificate of firearms proficiency
issued by the Texas Commission on Law Enforcement Officer Standards and Education
(TCLEOSE); and
(2)
The CSCD director and the judges participating in the management
of the CSCD grant the authorization.
(b)
This section does not authorize a CSO to carry a firearm
while off-duty.
(c)
The carrying of a handgun or other firearm by CSOs shall
be done strictly in accordance with Texas Government Code §76.5001 and
the authorization, policy and procedures promulgated by the Director and judge(s)
participating in the management of the CSCD as set forth in subsection (e)
of this section.
(d)
Prior to undergoing training to carry a firearm, a CSO
must meet the following qualifications.
(1)
The CSO must be examined by a licensed psychologist or
psychiatrist and declared in writing by the psychologist or psychiatrist to
be in satisfactory psychological and emotional health for the carrying of
a weapon in the performance of their duties for which a certificate of firearms
proficiency is sought.
(2)
The CSO must execute an instrument wherein the CSO acknowledges:
(A)
it is unlawful for any person who has been convicted in
any court of a crime punishable by imprisonment for a term exceeding one year
or any crime, misdemeanor or felony, of domestic violence to possess any firearm
or ammunition; and
(B)
it is the officer's responsibility to immediately inform
his supervisor and the CSCD director of any arrest, charges or conviction
related to such crimes.
(e)
Each CSCD that elects to authorize certain, or all, of
its CSOs to carry firearms in accordance with the foregoing requirements must
adopt written policies and procedures defining which of its officers have
authority to carry firearms and the limitations that apply to their carrying
and use of firearms. Such written policies and procedures shall be submitted
by the CSCD to CJAD and specify:
(1)
the firearm training and qualification requirements;
(2)
the handling, use, and storage of firearms;
(3)
the types of firearms authorized; and,
(4)
the process for reporting and investigation of incidents
related to the possession or use of firearms by CSOs.
(f)
Each CSCD that elects to authorize CSOs to carry or utilize
less than lethal weapons (aerosol sprays, chemical agents, restraining devices,
stun guns, etc) must adopt written policies and procedures defining which
of its officers have authority to carry same and the limitations that apply
to their carrying and use. Such written policies and procedures shall be submitted
for review and approval by the TDCJ-CJAD director:
(1)
the training, qualification and certification requirements;
(2)
the handling, use, and storage of the particular weapons
and devices involved;
(3)
the types and relevant specifications that apply to the
less than lethal weapons that are authorized; and,
(4)
the process for reporting and investigation of incidents
related to the possession or use of less than lethal weapons (aerosol sprays,
restraining devises, stun guns, etc).
(g)
CSCDs that elect not to authorize CSOs to carry firearms
or use less than lethal weapons in the performance of their duties shall adopt
a written policy statement disallowing such practices, as applicable. Each
new officer hired shall be notified of these policies prior to an offer of
employment by the CSCD.
(h)
Requirements of the Texas Commission on Law Enforcement
Officer Standards and Education (TCLEOSE)
(1)
CSOs authorized by the CSCD to make application to TCLEOSE
for certification in firearms proficiency in accordance with the above provisions
must utilize TCLEOSE approved forms and provide copies to both TDCJ-CJAD and
the CSCD.
(2)
CSCDs shall conduct a comprehensive background check on
all CSOs seeking firearms certification.
(3)
CSCDs shall maintain records of background information
obtained on all CSOs seeking firearms certification.
(4)
CSCDs shall maintain records of annually required requalification
on all CSOs obtaining firearms certification.
(5)
CSCDs shall notify TCLEOSE if a CSO's authority to carry
a firearm is rescinded.
(6)
CSCDs authorizing CSOs to carry firearms shall notify TCLEOSE
of the name, address, telephone and fax numbers of the CSCD Director.
(7)
Each CSCD shall allow TCLEOSE and other law enforcement
agencies access to records pertaining to firearms for auditing and investigation
purposes.
(i)
CSOs Training and Qualification Requirements.
(1)
No CSO shall be granted permission to carry a firearm in
the performance of their duties unless that officer has completed a firearms
training program approved by TCLEOSE and has been issued a certificate of
firearms proficiency by TCLEOSE as provided in subsection (a) of this section.
(2)
Firearms training provided to CSOs shall be designed to
prepare such CSOs to carry such weapons in the context of conducting field
visits, participating in community based criminal justice initiatives with
law enforcement agencies, and in dealing with the safety and self-defense
considerations related to such activities.
(3)
CSO qualification of weapons usage, a periodic proficiency
test, and documentation of training shall be done on a yearly basis in addition
to the required TCLEOSE certificate of firearms proficiency.
(4)
Specific firearms and other weapons training course guidelines
and recommendations shall be published in the TDCJ-CJAD Weapons Procedures
Guidebook as amended from time to time.
(j)
Handling, Use, and Storage of Firearms
(1)
CSOs authorized to carry weapons shall provide their own
weapons.
(2)
CSCDs shall appoint an individual within their department
to be responsible for yearly inspection and maintenance programs for firearms
used by CSOs.
(k)
Types of Firearms Authorized
(1)
CSOs are authorized to carry the following weapons:
(A)
Double Action Revolvers; or
(B)
Semi-automatic Pistols.
(2)
Barrel length of weapon must be between 2" to 5".
(3)
Approved cartridges shall be:
(A)
9mm Luger (9x19);
(B)
.38 Special;
(C)
.357 Magnum;
(D)
357 Sig;
(E)
.40 Smith and Wesson;
(F)
10 mm Auto;
(G)
.45 Auto;
(H)
.380 Auto
(4)
Ammunition. All carried ammunition will be factory original
loads of bullet weight between 85 and 230 grains, per Sporting Arms Ammunition
Manufacturer Institute (SAAMI) Guidelines.
(l)
Reports to TDCJ-CJAD
(1)
Each CSCD shall have a written Use of Force policy and
a written procedure for reporting and investigating each incident where a
firearm or less than lethal weapon is discharged, utilized or drawn on an
individual. The term "to draw" means to unholster a firearm in preparation
for use and/or as self-defense against a perceived threat.
(2)
Such procedure shall include:
(A)
notification of incidents;
(B)
procedures for interaction with outside entities (i.e.,
local law enforcement, media);
(C)
internal investigation procedures; and
(D)
employee support components.
(3)
Notification of Incidents to the Texas Department of Criminal
Justice--Emergency Action Center (TDCJ-EAC). Serious incidents, such as a
CSO's drawing of a firearm on an individual or the unauthorized use of a less
than lethal weapon by an officer, shall be promptly reported to TDCJ-EAC (936)
437-1448 and in all events within 24 hours of the incident. Incidents involving
a CSOs shooting of an individual shall be reported to TDCJ-EAC immediately,
if possible, and in all circumstances within three hours of occurrence. A
preliminary written report of each of the above-described incidents shall
be sent to CJAD within ten days of the occurrence.
§163.35.Supervision.
(a)
Definitions. The following words and terms, when used in
this section, shall be defined as follows and apply to both felonies and misdemeanors,
unless the context clearly indicates otherwise.
(1)
Case--An offender assigned to a CSO for supervision.
(2)
Direct Supervision--Offenders who are legally on community
supervision and who work or reside in the jurisdiction in which they are being
supervised and receive a minimum of one face-to-face contact with a CSO every
three months. Direct supervision begins at the time of initial face-to-face
contact with an eligible CSO. Local CSCDs may maintain direct supervision
of offenders living and/or working in adjoining jurisdictions if the CSCD
has documented approval from the adjoining jurisdictions.
(3)
Face-to-face Contact--A CSO communicates in person with
the offender.
(4)
Field Visit--A CSO communicates in person with the offender
at the offender's place of residence or at another location outside the CSCD
office.
(5)
Indirect Supervision--Maintenance of a file and/or record
of an offender under supervision who meets one of the following criteria:
(A)
an offender who neither resides nor works within the jurisdiction
of the CSCD and who receives the supervision in other jurisdictions;
(B)
an offender who neither resides nor works within the jurisdiction
but continues to submit written reports on a monthly basis because he is ineligible
or unacceptable for supervision in another jurisdiction;
(C)
an offender who has absconded or who has not contacted
his CSO in person within three months;
(D)
an offender who resides or works in the jurisdiction, but
who, while in compliance with the orders of the court, nevertheless does not
meet the criteria for direct supervision; or
(E)
offenders who reside and work outside the jurisdiction
but report in person and who do not fall under paragraph (2) of this subsection.
(b)
System of Offender Supervision. CSCD directors shall develop
a system of offender supervision that is based upon, but not limited to:
(1)
the jurisdiction's profile of revoked offenders;
(2)
the jurisdiction's profile of offenders under direct community
supervision;
(3)
the offender's identified risk and needs;
(4)
availability of sanctions, programs, services, and community
resources;
(5)
applicable law and TDCJ-CJAD standards and policy; and
(6)
policies of the local judiciary.
(c)
Supervision Process. CSOs shall provide direct supervision
for cases to include, but not be limited to, the following tasks.
(1)
Orientation/Intake. An orientation/intake session with
the offender shall be conducted after the court has placed the defendant under
supervision. This session shall include a thorough discussion of the conditions
of community supervision and terms of release. The CSO shall determine that
the offender has received a copy of the conditions of community supervision
or terms of release ordered by the court as provided by law.
(2)
Assessments. An assessment process that gathers relevant
and valid information shall be completed on every offender. This process shall
specifically address the offender's risk factors, need areas, obstacles to
meeting those needs, offender strengths, and offender resources. The CSO shall
request specialized assessments for offenders when it is determined that alcohol
or drug abuse contributed to the offense and pursue specialized evaluations
when they would significantly assist in the development of appropriate supervision
plans for special needs offenders.
(3)
Case Classification. Within two months of the date of community
supervision placement, acceptance of a transfer case, or discharge from any
residential facility, jail, or institution, the CSO shall complete an approved
TDCJ-CJAD case classification instrument to assist in the evaluation of the
degree of supervision needed by each individual based on the offender's risk
and/or needs. Within ten working days of the date of an offender's admission
to a Community Corrections Facility (CCF), the CSO assigned to supervise the
offender in the facility shall complete the TDCJ-CJAD case classification/assessment
instrument.
(4)
Strategies for Case Supervision (SCS) Assessments. Within
two months of the date of community supervision placement, acceptance of a
transfer case, or discharge from any residential facility, jail, or institution,
the CSO shall conduct a SCS assessment on each felony offender classified
as maximum on case classification, unless a SCS was previously completed.
While the SCS assessment may be a useful case management tool, it is not required
for offenders during participation in residential programs.
(5)
Case Supervision or Treatment Plan. Within two months of
the date of the most recent community supervision placement, acceptance of
a transfer case, or discharge from any residential facility, the CSO shall
develop a written individualized case supervision or treatment plan based
on the offender's risk and need factors to address specific problem areas
and assist the offender to achieve responsible behavior. The supervision or
treatment plan shall be completed within ten working days from the date of
an offender's admission to a CCF.
(6)
Reassessments. CSOs shall reevaluate risk and need factors
and supervision plans at least every 12 months for all direct cases. An approved
TDCJ-CJAD reassessment shall be completed any time a significant change occurs
in the status of the offender. Any necessary modification of the supervision
plan shall be indicated in writing in the case file. Upon discharge from a
residential facility, the CSO assigned to supervise the offender in the facility
shall complete a discharge plan.
(7)
Supervision Contacts. CSOs shall make face-to-face, field
visit, telephone, and collateral contacts with the offender, family, community
resources, or other persons pursuant to and consistent with a supervision
plan and the level of supervision on which the offender is being supervised.
Each CSCD director shall establish supervision contact and casework standards
at a level appropriate for that jurisdiction, but in all cases, offenders
at increased levels of supervision because of assessments of greater risk
or special needs shall receive a higher level of contacts than offenders at
lower levels of supervision. The nature and extent for supervision contacts
with offenders shall be specified in the CSCD's written policies and procedures.
(8)
Documentation in Supervision Case Files. CSOs shall use
a problem oriented record keeping system to document all significant actions,
decisions, services rendered, and periodic evaluations in the offender's case
file, including, but not limited to, the offender's status regarding the level
of supervision, compliance with the conditions of community supervision, progress
with the supervision plan, and responses to intervention.
(9)
Violations. CSCD directors shall work in conjunction with
the local judiciary to specify written policies and procedures under Texas
Code of Criminal Procedure, art 42.12, §10 wherein CSOs may make recommendations
to the courts regarding violations of conditions of community supervision,
as well as when violations may be handled administratively. The availability
of the continuum of sanctions or alternative to incarceration shall be considered
by the CSO and recommended to the court in eligible cases as determined appropriate
by the jurisdiction.
(10)
Courtesy Supervision. Except in cases of non-CSCD residential
facility placements, courtesy supervision shall be requested if an offender
will be in another jurisdiction for more than 30 days, except when good cause
can be shown. Only the court retaining jurisdiction over a defendant has the
authority to modify or alter a condition of community supervision. CSCD directors
shall ensure that CSOs providing direct supervision to offenders transferred
from other Texas jurisdictions shall fully enforce the order of the court
that placed the individual on community supervision. It is the responsibility
of the offender to comply with the conditions of community supervision as
imposed by the court. CSCD directors shall ensure that CSOs provide the same
level of supervision to courtesy cases as they do for the offenders in their
jurisdiction. When transferring a case for courtesy supervision, the documents
necessary for transfer shall include, at a minimum, the transfer form, the
court order placing the person on community supervision citing all conditions
of community supervision, the offense report, criminal history, tracking number
(TRN) and state identification (SID) number, the pre/post-sentence investigation
report where legally mandated, and any assessments that have been completed.
CSCD directors who decline to provide courtesy supervision to offenders from
other jurisdictions shall immediately notify the original jurisdiction of
the reasons for declining courtesy supervision.
(11)
Transporting Offenders. CSOs shall not transport offenders
held in a county jail pursuant to an arrest warrant. All other transportation
of offenders shall be in accordance with the CSCD's policies and/or pursuant
to a court order.
§163.37.Reports and Records.
(a)
Case Records. CSCD directors shall develop and maintain
a case record management system on offenders receiving any type of supervision
by the CSCD. Confidential items relating to medical and psychological information
from any of these documents shall be handled in accordance with §163.41
of this title (relating to HIV-AIDS, Medical and Psychological information).
All case records shall contain a written criminal history record or summary
issued by a law enforcement agency. Confidentiality of case records shall
be maintained in accordance with federal and state laws. Information may only
be released under the circumstances as authorized by law or as directed by
the court. Documentation of all sex offender registration shall be maintained
as required by the Records Retention Act, Chapter 441, Texas Government Code.
Each case record shall contain:
(1)
court order placing the person on community supervision
citing all conditions of community supervision;
(2)
a chronological listing of all significant actions, decisions,
services rendered, assessments;
(3)
the pre/post-sentence investigation report (PSIR);
(4)
periodic evaluations; and
(5)
other additional documents or information related to the
offender as deemed appropriate by the CSO or CSCD Director.
(b)
PSIR Confidentiality. Each PSIR prepared or approved by
a CSO, and all information obtained in connection with PSIRs, is confidential
and may be released only to those persons and under those circumstances as
authorized by Texas Code of Criminal Procedure, article 42.12, §9 or
as directed by the court having jurisdiction over the defendant.
(c)
Pre/Post-Sentence Investigation Reports (PSIR). Pursuant
to Texas Code of Criminal Procedure, article 42.12, §9 the CSCD director
shall ensure a CSO prepares, (or approves, if prepared by others) a pre-sentence
investigation report on a felony defendant unless the defendant's punishment
is to be assessed by a jury, the defendant is convicted of or enters a plea
of guilty or nolo contendere to capital murder, the only available punishment
is imprisonment, or the judge is informed that a plea bargain agreement exists,
under which the defendant agrees to a punishment of imprisonment, and the
judge intends to follow the agreement. The CSCD director shall ensure that
CSOs prepare (or review and approve), if prepared by another a post-sentence
investigation report if the judge has requested the preparation of such a
report in accordance with the provisions of Texas Code of Criminal Procedure,
article 42.12 §9(k). A CSO shall prepare (or review and approve, if prepared
by another) a PSIR on all misdemeanor defendants unless the defendant requests
a report not be made and the court agrees, or if the court finds there is
sufficient information in the record to permit the meaningful exercise of
sentencing discretion.
(d)
PSIR Format. CSCD directors shall ensure that CSOs and
any other designated individuals who prepare, complete, review or approve
PSIRs follow, at a minimum, an approved TDCJ-CJAD PSIR format in preparing
felony PSIRs. CSOs may use a format other than the TDCJ-CJAD PSIR format as
long as the content requirements outlined in Texas Code of Criminal Procedure,
article 42.12, §9(a) and the preceding subsection (c) of this section
are met and are in the format as approved both by TDCJ-CJAD and the court
having jurisdiction of the defendant.
(e)
Staffing for PSIR. CSCD directors shall have the necessary
trained staff and resources to conduct pre-sentence investigations on all
cases and shall provide written reports of the results for the courts for
all felony and misdemeanor cases as required by the law and the court.
(f)
Filing. Copies of the completed PSIRs shall be maintained
in the individual offender's case file within the CSCD filing system and made
available for periodic audits, reviews, or inspections by TDCJ-CJAD staff.
(g)
Transfer to the TDCJ. If a PSIR has been prepared as set
forth in subsections (c) and (d) of this section, the CSCD director shall
forward to the county that transfers a defendant to the TDCJ that defendant's
PSIR, as well as any other information required by law. To the extent it is
available, CSOs shall also forward to the county that transfers the defendant
any additional information that has been, prepared by a CSO for a revocation
or other hearing updating information in the PSIRs.
(h)
Interstate Transfer. CSCD directors shall utilize uniform
transfer procedures as provided by and approved by the TDCJ Interstate Compact
Unit.
(i)
Intrastate Transfer. CSCD directors shall utilize uniform
transfer procedures as provided by and approved by the TDCJ-CJAD.
§163.39.Residential Services.
(a)
General Administration.
(1)
Purpose. Residential facilities and contract residential
beds funded by TDCJ-CJAD shall provide the courts with a sentencing alternative
for the purpose of:
(A)
confining offenders placed on community supervision and
others who are eligible in accordance with statutes;
(B)
providing sanctions, services, and programs to modify criminal
behavior, deter criminal activity, protect the public and restore victims
of crime ; and
(C)
strengthening and expanding the options that are available
to judges to impose alternatives other than imprisonment for offenders who
violate court-ordered conditions of community supervision.
(2)
Feasibility studies. A judicial district interested in
establishing a residential Community Corrections Facility (CCF) or County
Correctional Center (CCC) shall first conduct and prepare a feasibility study
in accordance with the TDCJ-CJAD Feasibility Study Guidelines-Community Corrections
Facility (January 2002). The product and results of such feasibility study
shall be submitted to TDCJ-CJAD. After the receipt by TDCJ-CJAD of the initial
feasibility study related to a proposed CCF, the CSCD/agency may be required
to provide supplemental information or additional materials for further review
and consideration.
(3)
Notice of Construction or Operation of a CCF or Other Facilities.
(A)
If a CSCD or private vendor operating under a contract
with a CSCD or judicial district proposes to construct or operate a CCF or
other correctional or rehabilitation facility within 1,000 feet of a residential
area, a primary or secondary school, property designated as a public park
or public recreation area by the state or a political subdivision of the state,
or a church, synagogue, or other place of worship, the CSCD must prominently
post an outdoor sign at the proposed location of the facility. The sign must
be at least 24 by 36 inches in size written in lettering at least two inches
in size. The sign must state that a correctional or rehabilitation facility
is intended to be located on the premises, and provide the name and business
address of the CSCD. The municipality or county in which the CCF or other
correctional or rehabilitation facility is to be located may require the sign
to be both in English and a language other than English if it is likely that
a substantial number of the residents in the area speak a language other than
English as their familiar language.
(B)
The CSCD must provide notice of the proposed location of
the facility to the commissioners court of the county and/or governing body
of the municipality where the facility is intended to be located if the commissioners
court or governing body has submitted, by resolution, a written request to
receive notice.
(4)
Public Meetings. A CSCD or private vendor having a contract
with a CSCD or judicial district may not establish a CCF or other correctional
or rehabilitation facility unless the community justice council serving the
CSCD has held a public meeting before the action is taken. In addition, a
CSCD may not expend funds provided by TDCJ-CJAD to lease or purchase real
property, construct buildings, or use a facility or real property acquired
or improved with state funds for a CCF unless the community justice council
serving the CSCD has held a public meeting before the action is taken. The
public meeting must be held at a site as close as practicable to the location
at which the proposed action is to be taken. The meeting must not be held
on a Saturday, Sunday, or legal holiday. The meeting must begin after 6:00
p.m. More than 30 days before the date of the meeting, the department that
the facility is to serve, or a vendor proposing to operate a facility, at
a minimum must:
(A)
publish by advertisement in three consecutive issues of
a newspaper of, or in newspapers that collectively have, general circulation
in the county in which the proposed facility is to be located a notice that
is not less than 3 1/2 inches by 5 inches containing the following information:
(i)
the date, hour, place, subject of the hearing;
(ii)
address of the facility or property on which a proposed
action is to be taken; and
(iii)
a description of the proposed action
(B)
mail a copy of the notice to each police chief, sheriff,
city council member, mayor, county commissioner, county judge, school board
member, state representative, and state senator who serves or represents the
area, unless the proposed facility has been previously authorized to operate
at a particular location by a community justice council.
(5)
Maximum Resident Capacity and Facility Utilization. The
maximum resident capacity of a CCF or CCC shall be defined as the total number
of offenders who can be housed at the facility at any given time as delineated
by the operating agency in the most current community justice plan and approved
by the TDCJ-CJAD director. CCFs and CCCs funded through TDCJ-CJAD shall reach
90% capacity within the first six months of operation and maintain a minimum
of 90% thereafter, utilizing appropriate and eligible placements only. Any
revisions to the maximum and minimum resident capacities for the CCF or CCC
shall be subject to the approval by TDCJ-CJAD through the community justice
plan amendment process.
(6)
Contract Residential Services. Business entities, agencies
or persons contracting with CSCDs or judicial districts for residential services
shall comply with all applicable competitive bidding and other laws and regulations.
CSCDs or judicial districts contracting with business entities, agencies or
persons for residential services shall comply with any applicable competitive
bidding and other laws and regulations. The CSCD director shall monitor, audit,
and inspect the performance and compliance of the service provider and vendor
with the terms and conditions of their contract with the CSCD and with applicable
laws and regulations.
(7)
Mission Statement. The CSCD director and Facility director
shall prepare and maintain a mission statement that describes the general
purposes and overall goals of the facilities programs.
(b)
Personnel.
(1)
Screening for Tuberculosis Infection. The CSCD director
or Facility director shall ensure that as soon as practicable but not later
than within 7 calendar days of assuming any duties within a CCF or CCC, all
staff undergo a screening for tuberculosis infection. Follow-up screening
for tuberculosis infection shall be conducted on all staff, at a minimum,
once every year from the anniversary date of the initial screening. The results
of all screenings shall be maintained on file.
(2)
Employment Coordinator. Each Restitution Center shall have
a designated employment coordinator whose primary duties and responsibilities
include assisting offenders in obtaining/maintaining employment. The employment
coordinator shall be responsible for addressing other employment issues for
offenders such as resumé development, interviewing skills/techniques,
and appropriate dress for job interviews.
(3)
Criminal Histories and Arrest Records. Prior to employment,
and on at least an annual or more frequent basis thereafter, criminal histories
and arrest records shall be obtained from both the Texas Department of Public
Safety and National Crime Information Center on each of the CCF's or CCC's
employees, contract vendor staff (if applicable) and volunteers. This requirement
shall apply to both vendor contract and CSCD operated CCFs and CCCs. Copies
of the criminal history and arrest information and records shall be retained
in the individual's personnel file.
(c)
Building, Safety, Sanitation and Health Codes.
(1)
Compliance. The CSCD director and Facility director and
personnel shall ensure that facility's construction, maintenance, and operations
complies with all applicable state, federal and local laws, building codes
and regulations related to safety, sanitation and health. Records of compliance
inspections, audits, or written reports by internal and external sources shall
be kept on file for examination and review by TDCJ-CJAD and other governmental
agencies and authorities for all time periods from project or program inception
forward. The CSCD director and Facility director shall promptly notify the
TDCJ-CJAD in writing of any circumstances wherein the facility or its operations
do not maintain such compliance.
(2)
Water supply. The CSCD directors or designees shall ensure
that the facility's potable water source and supply must be sanitary and be
approved by an independent, qualified agency or individual to be in compliance
with the applicable governmental laws and regulations.
(3)
Sanitation. The facility audits operations shall conform
with the applicable sanitation and health regulations and codes.
(4)
Waste. The liquid and solid wastes related to the facility
audits operations shall be collected, stored and disposed of in accordance
with an approved plan by the appropriate regulatory authority, agency, or
department.
(5)
Physical plant. The facility's buildings, including the
improvements, fixtures, electric, and heating and air conditioning, shall
conform to all applicable building codes of federal, state and local laws,
ordinances, regulations, and minimum guidelines established by the TDCJ-CJAD
for physical plants and facilities housing offenders.
(6)
Fires. The facility, its furnishings, fire protection equipment
and alarm shall comply with the regulations of the fire authority having jurisdiction.
There shall be a written evacuation plan to be used in the event of a fire.
The plan is to be certified by an independent qualified governmental agency
or department or individual trained in the application of national and state
fire safety codes. Such plan shall be reviewed annually, updated if necessary,
and reissued to the local fire jurisdiction. The facility shall have a qualified
person conduct a fire inspection at least quarterly or at other intervals
approved by the fire authority having jurisdiction. Fire safety equipment
located at the facility shall be tested as specified by the manufacturer or
the fire authority, whichever is more frequent. An annual inspection of the
facility shall be secured from the fire authority having jurisdiction or other
qualified person(s).
(7)
Emergency Plans. There shall be written emergency plans
for the facility and its operations, which include an evacuation plan, to
be used in the event of a major flood, storm, or other emergencies. This plan
is reviewed annually and updated, if necessary. Evacuation drills are to be
conducted at least monthly. Each shift at least every quarter must have conducted
an evacuation drill when the majority of offenders are present. All facility
personnel must be trained in the implementation of written emergency plans.
The evacuation plan should specify preferred evacuation routes, subsequent
dispositions and temporary housing of offenders, and provision for access
to medical care or hospital transportation for injured offenders and/or staff.
The facility's emergency plan(s) shall be distributed to local authorities
such as law enforcement, state police, civil defense, etc. to keep them informed
of their roles in the event of an emergency. Such emergency plan(s) shall
include the following:
(A)
location of buildings/room floor plan;
(B)
use of exit signs and directional arrows that are easily
seen and red; and
(C)
location(s) of publicly posted plan.
(d)
Separate Inmate Housing. The CSCD director and Facility
director shall ensure that a facility that is part of or attached to a detention
facility or a correctional institution shall house facility offenders separately
from the inmates. At no time shall CCF or CCC residents/offenders be co-mingled
with inmates.
(e)
Program and Service Areas.
(1)
Space and Furnishings. The facility shall have space and
furnishings to accommodate activities such as group meetings, private counseling,
classroom activities, visitation, and recreation.
(2)
Housekeeping and Maintenance. The CSCD director and Facility
director shall ensure that the facility is clean and in good repair, and a
housekeeping and maintenance plan is in effect.
(3)
Other Physical Environment and Facilities Issues. There
shall be written policy and procedures to ensure the following with respect
to the CCF and CCC:
(A)
Space shall be provided for janitor closets which are equipped
with cleaning implements.
(B)
There shall be storage areas in the facility for clothing,
bedding, and cleaning supplies.
(C)
There shall be clean, usable bedding, linen, and towels
for new residents with provision for exchange or laundering on at least a
weekly basis.
(D)
On an emergency or indigent basis, the facility shall provide
personal hygiene articles.
(E)
There shall be adequate control of vermin and pests.
(F)
There shall be timely trash and garbage removal.
(G)
Sanitation and safety inspections of all internal and external
areas and equipment shall be performed and documented on a routine basis to
protect the health and safety of all residents, staff, and visitors.
(f)
Supervision.
(1)
Operations Manual. An operations manual shall be prepared
for and used by each CCF and CCC which shall contain information and specify
procedures and policies for offender census, contraband, supervision, physical
plant inspection and emergency procedures, including detailed implementation
instructions. Such operation manual shall be accessible to all employees and
volunteers. The operations manual shall include, at a minimum, the matters
set forth in the Guidelines for the Policies and Procedures of TDCJ-CJAD Funded
Residential Facilities , dated October 31, 2001 . The operations manual shall
be submitted to the TDCJ-CJAD Director for review and approval, and such manual
must have been approved by the TDCJ-CJAD director at least 60 days prior to
acceptance of offenders into the facility. Offenders cannot be accepted into
the facility until approval is granted by the TDCJ-CJAD. The CSCD director
and Facility director shall ensure that the operations manual is reviewed
at least every two years, and new or revised policies and procedures are made
available, including all changes, prior to implementation to designated staff
and volunteers. This manual shall be submitted to TDCJ-CJAD upon request or
for auditing purposes.
(2)
Staffing Availability. The CSCD director and Facility director
shall ensure that the facility has the staff needed to provide coverage of
designated security posts, surveillance of offenders and to perform ancillary
functions. The facility shall have at least one staff member, on duty, who
is the same gender as the resident population.
(3)
Activity Log. The CSCD director and Facility director shall
ensure that CCF and CCC staff maintain an activity log and prepare shift reports
that record, at a minimum, emergency situations, unusual situations, unusual
incidents and record all absences of offenders from a facility.
(4)
Use of Force. The CSCD director and Facility director shall
ensure that a CCF and CCC has written policies, procedures, and practices
that restrict the use of physical force to instances of self-protection, protection
of offenders or others or prevention of property damage. In no event is the
use of physical force against an offender justifiable as punishment. A written
report shall be prepared following all uses of force , and all such written
reports shall be promptly submitted to the CSCD director and Facility director
for review and follow-up. The application of restraining devices, aerosol
sprays, chemical agents, etc. shall be accomplished in an emergency by any
individual in self-protection, protection of others or other circumstances
as described previously.
(5)
Use of Firearms. The CSCD director and Facility director
shall ensure that the possession of firearms by staff is banned and use of
firearms is prohibited in or on facility property except in the execution
of official duties by certified peace officers or other duly licensed law
enforcement personnel.
(6)
Access to Facility. The facility shall be secured to prevent
unrestricted access thereto by the general public or others without proper
authorization.
(7)
Control of Contraband/Searches. There shall be policies
defining facility shakedowns, strip searches, and pat searches of residents
to control contraband and provide for its disposal.
(8)
Levels of Security. The CSCD director and Facility director
must ensure that levels of security appropriate for the population served
by the facility are maintained at all times. These levels of security must
create, as a minimum, a monitored and structured environment in which a resident's
interior and exterior movements and activities can be supervised by specific
destination and time. The facility director or designee may, in his or her
discretion, grant offenders exterior movements. Exterior movements include,
but are not limited to employment programs, community service restitution,
support/treatment programs, and programmatic incentives. The following minimum
requirements must be met for all exterior movements:
(A)
the facility director or designee approves the exterior
movement;
(B)
a staff member orally advises the offender of the conditions
and limitations of the exterior movement;
(C)
the offender acknowledges in writing an understanding of
the conditions and limitations of the exterior movement;
(D)
exterior movements involving programmatic incentives may
only be granted if the following additional requirements are met:
(i)
the offender meets all established requirements for the
programmatic incentive, as determined by the supervisor of the program, and
submits a written request for the exterior movement;
(ii)
the requested absence will not exceed 72 hours unless
there are unusual circumstances;
(iii)
the offender provides an itinerary for the absence including
method of travel, departure and arrival times, and locations during the exterior
movement;
(iv)
the facility director or designee approves the itinerary
and establishes the conditions of the exterior movement involving programmatic
incentives ; and
(9)
Emergency furloughs. The facility director or designee
may, in his or her discretion, grant an emergency furlough to an offender
for the purpose of allowing the offender to attend a funeral, visit a seriously
ill person, obtain medical treatment, or attend to other exceptional business.
Emergency furloughs may only be granted if the following conditions are met:
(A)
the offender submits a written request for the emergency
furlough;
(B)
the facility director verifies through an independent source
including, but not limited to a physician, Red Cross representative, minister
, rabbi, priest, or other spiritual leader that the presence of the offender
is appropriate;
(C)
the offender provides proposed itinerary including method
of travel, departure and arrival times, and locations during the emergency
furlough;
(D)
the requested absence will not exceed 72 hours unless there
are unusual circumstances;
(E)
the court of original jurisdiction approves the travel
if the offender will depart the State of Texas;
(F)
the facility director approves the itinerary and establishes
the conditions of the emergency furlough; and
(G)
the facility director or designee shall notify by sending
an electronic or fax copy of the approved itinerary to the director of the
CSCD of the court of the original/sending jurisdiction prior to the date that
the emergency furlough is approved to begin;
(H)
a staff member makes random announced and/or unannounced
personal or telephone contacts with the offender to verify the location of
the offender during the emergency furlough.
(g)
Client Abuse, Neglect, and Exploitation. The facility must
protect the offender residents from abuse, neglect and exploitation.
(h)
Rules and Discipline. There shall be documentation of program
rule violations and the disciplinary process.
(1)
Rules of Conduct. All incoming offenders and staff shall
receive written rules of conduct which specify acts prohibited within the
facility and penalties that can be imposed for various degrees of violation.
(2)
Limitations of Corrective Actions. Specific limits on corrective
actions and summary punishment shall be established and strictly adhered to
in an effort to reduce the potential of staff participating in abusive behavior
towards participants. Limits shall include:
(A)
no physical contact by staff shall be made on a participant;
(B)
no profanity, sexual, or racial comments shall be directed
by staff at participants;
(C)
program participants shall not be utilized to impose corrective
actions on other participants;
(D)
the severity of the corrective action imposed shall be
commensurate with the participant's program status;
(E)
the severity of the corrective action shall be commensurate
with the severity of the infraction; and,
(F)
the duration of corrective action shall be limited to the
minimum time necessary to achieve effectiveness.
(3)
Grievance Procedure. A grievance procedure shall be available
to all offenders in CCFs. Such grievance procedure shall include at least
one level of appeal, and shall be evaluated at least annually to determine
its efficiency and effectiveness.
(i)
Incident Notification. Within 24 hours of occurrence, the
CSCD director and Facility director shall notify and report by telephone or
fax all serious or unusual events pertaining to the facilities operations,
staff, and residents to: the judge or one of the judges supervising the department
and the TDCJ Emergency Action Center (EAC) in Huntsville, Texas. Phone number
(936) 437-1448; fax number (936) 437-1912, and if applicable, the CSCD director
of the original/sending jurisdiction if the incident involves a resident from
that sending jurisdiction. The EAC shall be responsible for notifying the
TDCJ-CJAD Director and appropriate CJAD management staff. Such serious and
unusual events for this purpose shall include, but are not limited to the
following:
(1)
the death of an offender or staff member while at the facility;
(2)
any incident which results in life threatening or serious
bodily injury to a an offender resident or staff member while at the facility
or on assignment (including emergency furloughs or programmatic incentives)
away from the facility; and
(3)
major disturbance or riot at the facility or in its vicinity.
(j)
Offenders' Rights. Offenders shall be granted access to
courts, counsel, and confidential contact with attorneys and their authorized
representatives. Such contacts include, but are not limited to: telephone
communications, uncensored correspondence, and visits.
(k)
Offender Eligibility. A CSCD or other governmental entity
that operates a residential facility, contracts for the operation of a residential
facility, or contracts for beds/services, shall define a specific target population
of offenders to be served. Placement of offenders in a CCF shall only be by
an order of the court and shall meet minimum eligibility criteria as outlined
in this section.
(1)
CCFs shall accept only those offenders who are physically
and mentally capable of participating in any program offered at the facility
that requires strenuous physical activity, if participation in the program
is required of all residents of the facility.
(2)
Offenders are eligible for placement into a CCF:
(A)
unless otherwise prohibited by statute;
(B)
if the offender matches the profile of offenders historically
committed to county jail/prison from the jurisdiction; or the offender has
high risk/needs, who, if supervised at a lower supervision level would have
an increased likelihood of violating the conditions of community supervision;
and
(C)
the local jurisdiction may house offenders convicted under
Title 5, Texas Penal Code, and in accordance with statute, in its CCF if Title
5 offenders are included in the facility's program proposal within the community
justice plan that is submitted by the jurisdiction's Community Justice Council
and approved by the local judiciary. In currently operating facilities where
the jurisdiction desires to add Title 5 offenders to their target population,
a public meeting must be held, in accordance with the law and TDCJ-CJAD standards
and policy, to advise the public of the types of offenders/offenses who will
potentially be placed in the facility. Public support will be considered by
TDCJ-CJAD for final approval of the change in offender population to be targeted.
If a jurisdiction has documentation that this requirement was previously met,
it can provide that documentation to TDCJ-CJAD for review and possible exemption
from having an additional public meeting; and
(D)
If a facility is approved to house Title 5 offenders, the
CSCD director and the facility director shall comply with all applicable provisions
contained in the Texas Government Code, §76.016 Victim Notification,
the Texas Code of Criminal Procedure (TCCP) Chapter 56, Rights of Crime Victims,
and TCCP Article 42.21. Notice of Release of Family Violence Offenders.
(3)
Offenders are eligible for placement into a Restitution
Center:
(A)
unless otherwise prohibited by statute;
(B)
the offender must be employable; and
(C)
prior to or within ten days after admission to the facility,
the offender shall undergo a screening process to determine the offender's
appropriateness for placement. The process shall be documented and maintained
in the supervision case file.
(4)
Offenders are eligible for placement into County Correctional
Centers (CCC):
(A)
if convicted of a misdemeanor and sentenced to a term of
confinement in the county jail;
(B)
in lieu of jail time as a condition of misdemeanor or felony
community supervision;
(C)
in lieu of jail time as a punishment for violation of conditions
of community supervision; or,
(D)
if required as a condition of community supervision to
participate in a work program or counseling program through a CCC.
(5)
Offenders are eligible for placement into a Boot Camp:
(A)
if prior to placement, or within ten days after admission,
the offender undergoes a physical examination to determine any medical problems
that may prevent the offender from satisfactorily participating in the program.
The physical examination report shall be maintained in the offender's medical
file; and
(B)
if prior to placement, or within ten days after admission,
the offender undergoes a psychological screening to determine any psychological
problems that may prevent the offender from satisfactorily participating in
the program. The psychological screening report shall be maintained in the
offender's medical file.
(l)
Courtesy Supervision. CCFs or CCCs shall, on a space available
basis, accept eligible adult offenders needing the residential services on
courtesy supervision from other jurisdictions. CSCDs that manage CCFs or CCCs
are responsible for the direct supervision of all offenders in the CCF or
CCC while in the residential placement.
(m)
Denying Admission or Continued Placement. If an offender
is placed into a CCF or a county correctional center as a condition of community
supervision and the offender is an inappropriate placement, by statute or
standard, or does not meet eligibility criteria of the facility as approved
by the TDCJ-CJAD, the CSCD or Facility director who is responsible for the
management of the CCF/CCC shall notify, in writing, the court of original
jurisdiction of these circumstances. If a CCF or CCC facility has reached
capacity at the time of the eligible offender's placement to that facility,
such offender may be placed on a waiting list for that facility and returned
to the court of original jurisdiction for further instructions or an alternative
sanction.
(n)
Food Service. The food preparation and dining area must
provide space for meal service based on the population size and need.
(1)
Dietary Allowances Meals shall be approved and reviewed
annually by a registered dietician or licensed nutritionist to ensure that
they meet the nationally recommended allowances for basic nutrition.
(2)
Special Diets Each facility shall provide for special diets
as prescribed by appropriate medical or dental personnel.
(3)
Food Service Management. Food service operations shall
be supervised by a staff member who is experienced in institutional food preparation
or mass food management. All food services staff, including offenders assigned
to work in the facility kitchen, shall meet all requirements established by
the local health authorities.
(4)
Exclusion as Discipline. The use of food as a disciplinary
measure is prohibited.
(5)
Meal Requirements. CSCD directors or Facility director
shall ensure that at least three meals (including two hot meals) are provided
during each 24-hour period. Variations may be allowed based on weekend and
holiday food service demands, or in the event of emergency or security situations,
provided basic nutritional goals are met.
(o)
Health Care.
(1)
Access To Care.
(A)
Offenders shall have unimpeded access to health care and
to a system for processing complaints regarding health care.
(B)
The facility has a designated health authority with responsibility
for health care pursuant to a written agreement, contract, or job description.
The health authority may be a physician, health administrator, or health agency.
(C)
Each CCF shall have a policy defining the level, if any,
of financial responsibility to be incurred by the offender who receives the
medical or dental services.
(2)
Emergency Health Care.
(A)
Twenty-four hour emergency health care is provided for
offenders, which included arrangements for the following:
(i)
On site emergency first aid and crisis intervention;
(ii)
Emergency evacuation of the offender from the facility;
(iii)
Use of an emergency vehicle;
(iv)
Use of one or more designated hospital emergency rooms
or other appropriate health facilities;
(v)
Emergency on-call physician, dentist, and mental health
professional services when the emergency health facility is not located in
a nearby community; and
(vi)
Security procedures providing for the immediate transfer
of offenders, when appropriate.
(B)
A training program for Direct Care personnel is established
by a recognized health authority in cooperation with the Facility director
that includes the following:
(i)
Signs, symptoms, and action required in potential emergency
situations;
(ii)
Administration of first aid and cardiopulmonary resuscitation
(CPR);
(iii)
Methods of obtaining assistance;
(iv)
Signs and symptoms of mental illness, retardation, and
chemical dependency; and
(v)
Procedures for patient transfers to appropriate medical
facilities or health-care providers.
(C)
First aid kits are available in designated areas of the
facility. Contents and locations are approved by the health authority.
(3)
Health Screening and Medical Examinations. Medical, dental
and mental health screening exam is performed by health-trained or qualified
health-care personnel on all offenders prior to placement or within 10 days
of placement. The screening includes the following:
(A)
Inquiry into:
(i)
Current illness and health problems, including venereal
diseases and other infectious diseases;
(ii)
Dental problems;
(iii)
Mental health problems, including suicide attempts or
ideation;
(iv)
Use of alcohol and other drugs, which includes types of
drugs used, mode of use, amounts used, frequency of use, date or time of last
use, and a history of problems that may have occurred after ceasing use (for
example, convulsions); and
(v)
Other health problems designated by the responsible physician.
(B)
Observation of:
(i)
Behavior, which includes state of consciousness, mental
status, appearance, conduct, tremor and sweating;
(ii)
Body deformities, ease of movement, and so forth; and
(iii)
Conditions of skin, including trauma markings, bruises,
lesions, jaundice, rashes and infestations, and needle marks or other indications
of drug abuse.
(C)
Medical examinations are conducted for any employee or
offender suspected of having a communicable disease.
(4)
Serious and Infectious Diseases.
(A)
The facility provides for the management of serious and
infectious diseases.
(B)
CCF's and CCC's shall have policies and procedures to direct
actions to be taken by employees concerning offenders who have been diagnosed
with HIV, including, at a minimum, the following:
(i)
When and where offenders are to be tested;
(ii)
Appropriate safeguards for staff and offenders;
(iii)
Staff and offender training;
(iv)
Issues of confidentiality; and
(v)
Counseling and support services.
(5)
Dental Care. Access to dental care is made available to
each offender.
(6)
Medications.
(A)
Policy and procedure direct the possession and use of controlled
substances, prescribed medications, supplies, and over-the-counter drugs.
Prescribed medications are administered according to the directions of the
prescribing physician.
(B)
If medications are distributed by facility staff, records
are maintained and audited monthly, and include the date, time, and name of
the resident receiving the medication, and the name of the staff distributing
it.
(7)
Female Offenders. If female offenders are housed, access
to pregnancy management services is made available.
(8)
Mental Health. Access to mental health services is made
available to offenders.
(9)
Suicide Prevention. There is a written suicide prevention
and intervention program that is reviewed and approved by a qualified medical
or mental health professional. All staff with offender supervision responsibilities
are trained in the implementation of the suicide prevention program.
(10)
Personnel.
(A)
If treatment is provided to offenders by health-care personnel
other than a physician, dentist, psychologist, optometrist, podiatrist, or
other independent provider, such treatment is performed pursuant to written
standing or direct orders by personnel authorized by law to give such orders.
(B)
If the facility provides medical treatment, personnel who
provide health-care services to offenders are qualified and appropriately
licensed. Verification of current credentials and job descriptions are on
file in the facility. Appropriate state and federal licensure, certification,
or registration requirements, and restrictions apply.
(11)
Informed Consent. If the facility provides medical treatment,
offenders make medical decisions with informed consent. All informed consent
standards in the jurisdiction are observed and documented for offender care.
(12)
Participation in Research. Offenders do not participate
in medical, pharmaceutical, or cosmetic experiments. This does not preclude
individual treatment of an offender based on his or her need for a specific
medical procedure that is not generally available.
(13)
Notification. Individuals designated by the offender are
notified in case of serious illness or injury.
(14)
Health Records.
(A)
If medical treatment is provided by the facility, accurate
health records for offenders are maintained separately and confidentially.
(B)
If medical treatment is provided by the facility, the method
of recording entries in the records, the form and format of the records, and
the procedures for their maintenance and safekeeping are approved by the health
authority.
(C)
If medical treatment is provided by the facility, for the
offenders being transferred to other facilities, summaries or copies of the
medical history record are forwarded to the receiving facility prior to or
at arrival.
(p)
Discharge.
(1)
Victim Notifications. The CSCD director and Facility director
shall ensure there are procedures, policies and practices that comply with
Texas Government Code §76.016 and other applicable laws as to the notifications
to be made to certain crime victims of offenders who are residents in its
facilities or subject to its programs.
(2)
Discharge. Discharge from residential facilities shall
be based on the following criteria:
(A)
the offender has made sufficient progress towards meeting
the objectives of the supervision plan and program requirements;
(B)
the offender has satisfied a sentence of confinement;
(C)
the offender has satisfied a period of placement as a condition
of community supervision;
(D)
the offender has demonstrated non-compliance with program
criteria or court order;
(E)
the offender manifests a non-emergency medical problem
that prohibits participation and/or completion of the residential program
requirements;
(F)
the offender displays symptoms of a psychological disorder
that prohibits participation and/or completion of the residential program
requirements; or
(G)
the offender is identified as inappropriate or ineligible
for participation in the residential program as defined by facility eligibility
criteria, statute, or standard.
(3)
Discharge Report. The CSCD director and Facility director
shall ensure that a report is prepared at the termination of program participation
that reviews the offender's performance. A copy of the report shall be provided
to the receiving CSCD supervision officer.
(q)
Basic Services and Programs. Each facility shall, at a
minimum, provide programs in the following areas which will include, but not
be limited to:
(1)
education programs;
(2)
rehabilitation programs based on the mission of the facility;
(3)
community service restitution/work detail;
(4)
recreational programs; and
(5)
basic life skills programs.
(r)
Mail, Telephone, and Visitation. The CSCD director and
Facility director shall have written policies which govern the facility's
mail, telephone, and visitation privileges for offenders, including mail inspection,
public phone use, and routine and special visits. The policies shall address
compelling circumstances in which an offender's mail both incoming and outgoing
may be opened, but not read, to inspect for contraband.
(s)
Religious Programs.
(1)
The CSCD director and Facility director shall have written
policies that govern religious programs for offenders. The policies shall
provide that offenders have the opportunity to voluntarily practice the requirements
of their religious faith, have access to worship/religious services, and the
use or contact with community religious resources, when appropriate.
(2)
Under Texas Civil Practice and Remedies Code, chapter 110,
a CSCD or CCF may not substantially burden an offender's free exercise of
religion except with the least restrictive measures in furtherance of a compelling
interest. Pursuant to Texas Government Code §76.018, there is a presumption
that a policy or practice that applies to an offender in the custody of a
CCF is in furtherance of a compelling governmental interest and is the least
restrictive means of furthering that interest. The presumption may be rebutted
with evidence provided by the offender.
§163.40.Substance Abuse Treatment Standards.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Admission--The administrative process and procedure performed
to accept an offender into a treatment program or facility.
(2)
Chemical Dependency Counselor--A qualified, credentialed
counselor or counselor intern working under direct supervision.
(3)
Continuum of Care--A system which provides for the uninterrupted
provision of essential services to offenders entering, exiting, and within
the system.
(4)
Counseling--Face-to-face interactions between offenders
and counselors to help offenders identify, understand, and resolve their personal
issues and problems related to their substance abuse or chemical dependency.
Counseling may take place in groups or in individual meetings.
(5)
Counselor Intern--A person pursuing a course of training
in chemical dependency counseling at a regionally accredited institution of
higher education or a registered clinical training institution who has been
designated as a counselor by the institution. The activities of a counselor
intern shall be performed under the direct supervision of a qualified, credentialed
counselor in accordance with rules adopted by the Texas Commission on Alcohol
and Drug Abuse.
(6)
Detoxification--Chemical dependency treatment designed
to systematically reduce the amount of alcohol and other toxic chemicals in
an offender's body, manage withdrawal symptoms, and encourage the offender
to continue ongoing treatment for chemical dependency.
(7)
Direct Care Staff--The staff responsible for providing
treatment, care, supervision, or other offender services that involve a significant
amount of direct contact. (Clerical support staff are not considered direct
care staff.)
(8)
Discharge--The time when an offender leaves a program or
facility and will no longer be receiving chemical dependency treatment from
that program or facility.
(9)
Discharge Summary--A recapitulation of the offender's progress
and participation while in either primary, residential, or outpatient treatment.
(10)
Education--Educational instruction; a planned, structured
presentation of information which is related to substance abuse or chemical
dependency.
(11)
Emergency--A situation requiring immediate attention and
action to treat or prevent physical, emotional, or mental threat, harm, injury,
or illness.
(12)
Facility--The physical location of the treatment program
operated by, for, or with funding from the TDCJ-CJAD. Some locations may be
locked facilities for in-patient treatment; other programs may be offered
at locations as outpatient treatment.
(13)
Grievance--A formal complaint limited to matters affecting
the complaining offender personally and limited to matters for which the facility/program
has the authority to remedy through the grievance process.
(14)
Primary Counselor--An individual working directly with
and being responsible for the treatment of the offender.
(15)
Qualified, Credentialed Counselor (QCC)--A licensed chemical
dependency counselor (LCDC) or one of the following professionals:
(A)
licensed professional counselor (LPC);
(B)
licensed master social worker (LMSW);
(C)
licensed marriage and family therapist (LMFT);
(D)
licensed psychologist;
(E)
licensed physician (MD or DO);
(F)
certified addictions registered nurse (CARN);
(G)
licensed psychological associate; and
(H)
advance practice nurse recognized by the Board of Nurse
Examiners as a clinical nurse specialist or nurse practitioner with specialty
in psyche-mental health (APN-P/MH).
(16)
Senior Counselor/Unit Manager/Unit Supervisor--A supervisory
staff member who directs, monitors, and oversees the work performance of subordinate
staff members.
(17)
Special Needs Populations--Offenders who have significant
problems in the areas of mental health, diminished intellectual capacity,
or medical needs.
(18)
Treatment--A planned, structured, and organized program
designed to initiate and promote a person's chemical-free status or to maintain
the person free of illegal drugs. It includes, but is not limited to, the
application of planned procedures to identify and change patterns of behavior
related to or resulting from chemical dependency that are maladaptive, destructive,
or injurious to health, or to restore appropriate levels of physical, psychological,
or social functioning lost due to chemical dependency.
(19)
Use of Force--Graduated levels of use of physical strength
or weapons necessary to gain physical compliance and control of an offender
whose actions otherwise pose a danger to self or others.
(b)
Compliance. Compliance with TDCJ-CJAD substance abuse treatment
standards is required of all programs that provide substance abuse treatment
and are funded or managed by TDCJ-CJAD. Programs providing only substance
abuse education are not subject to these standards.
(c)
Personnel and Staff Development/Accreditation. The employer
shall ensure that employees acquire any credentials, licensing, certifications,
or continuing education required to perform their duties. Personnel files
for employees shall be maintained to display copies of required documents.
Programs that are not clinical training institutions as defined by the Texas
Commission on Alcohol and Drug Abuse must inform all non-credentialed staff
of this fact.
(d)
Admissions. There shall be documentation of specific admission
criteria and procedures. Offenders are eligible for substance abuse treatment
programs:
(1)
if the offender's needs are met by the treatment services
provided by the program,
(2)
if a court orders the offender into the program and the
subsequent assessment indicates the need for treatment services; or
(3)
if the program allows readmissions and the offender meets
the admission criteria. For offenders who are placed in treatment programs
who do not meet admission criteria, a mechanism or procedure shall be developed
for offender removal. A review and justification explaining the reason the
offender does not meet admission criteria shall be required.
(e)
Intake. There shall be written policies and procedures
establishing an intake process for offenders entering a substance abuse treatment
program.
(f)
Assessment Procedures. Acceptable and recognized assessment
tools (tests and measurements) shall be used in all substance abuse treatment
programs. Assessment policies and procedures shall require the use of approved
clinical measurements and screening tests. Assessment procedures shall include
the following:
(1)
identification of strengths, abilities, needs and substance
preferences of the offenders served;
(2)
indication of desired outcomes and expectations of offenders
served;
(3)
summarization and evaluation of each offender to develop
individual treatment plans;
(4)
specified time frames for initial and on-going assessments;
and
(5)
assessments completed by a Qualified Credentialed Counselor
(QCC), or if the assessor is not a QCC, then the documentation must be reviewed
and signed by a QCC.
(g)
Assessments. The assessment shall include:
(1)
a summary of the offender's alcohol or drug abuse history
including substances used, date of last use, date of first use, patterns and
consequences of use, types of and responses to previous treatment, and periods
of sobriety;
(2)
family information, including substance use and abuse by
family members and supportive or dysfunctional relationships;
(3)
vocational and employment status, including skills or trades
learned, work record, and current vocational plans;
(4)
health information, including medical conditions that present
a problem or that might interfere with treatment;
(5)
emotional or behavioral problems, including a history of
psychiatric treatment; and
(6)
a diagnostic summary signed and dated by a Qualified Credentialed
Counselor (QCC).
(h)
Orientation. Each program shall establish written policies
and procedures for the orientation process. Orientation shall be provided
at the onset of treatment and in accordance with the level of treatment to
be provided. The orientation shall relay information necessary for offenders
to be successful in treatment.
(i)
Offender Rights. The offender's basic rights shall be respected
and protected, free from abuse, neglect, and exploitation. Each provider shall
have written policy and procedure to ensure protection of the offender's rights
according to federal and state guidelines.
(j)
Release of Information. There shall be written policies
and procedures for protecting and releasing offender information that conforms
to federal and state confidentiality laws. The staff shall follow written
policies and procedures for responding to oral and written requests for offender-identifying
information.
(k)
Offender Records. There shall be written policies and procedures
regarding the content of offender records. Case records shall include the
following information at a minimum:
(1)
initial intake information form;
(2)
referral documentation;
(3)
case information from referral source, if applicable;
(4)
release of information forms;
(5)
relevant medical information;
(6)
case history and assessment;
(7)
individual treatment plan;
(8)
evaluation and progress reports;
(9)
discharge summary; and
(10)
court order placing the offender into the program.
(l)
Offender Records Review Policy. There shall be written
policy and procedures to govern the access of offenders to their own substance
abuse treatment records in accordance with Texas Health & Safety Code.
This access does not apply to criminal justice records. Restrictions to access
to treatment records shall be specified and explained to offenders upon request.
Exceptions must involve the potential for harm to the offender or others.
(m)
Treatment Planning and Review. Individual Treatment Plans
will be developed in accordance with TDCJ-CJAD Standard §163.35(c)(5)
of this title on the Case Supervision or Treatment Plan, or through a similar
process approved by the CSCD. Substance abuse treatment shall remain focused
on the offender's success or lack of progress, and shall be reviewed at timely
intervals at a minimum of once each month or when major changes occur (e.g.,
change in phase) and shall ensure:
(1)
that the primary counselor meets with the offender as needed
to review the treatment plan, evaluating goal progress and revisions; and
(2)
that all revised treatment plans be signed and dated by
the counselor and the offender.
(n)
Treatment Progress Notes. There shall be written policies
and procedures to require all programs to record and maintain progress notes
on all offender case records, to document counseling sessions, and to summarize
significant events that occur throughout the treatment process. Progress notes
shall be documented at a minimum of once each week.
(o)
Changes in Treatment Levels. Each treatment program shall
develop written criteria for an offender to advance or regress from a level
of treatment. An offender must meet the criteria for a change in the level
of treatment before such a change or a discharge is implemented.
(p)
Discharges from Treatment. Discharge from a program shall
be based on the following criteria:
(1)
the offender has made sufficient progress towards meeting
the objectives of the supervision plan and program requirements;
(2)
the offender has satisfied a sentence of confinement;
(3)
the offender has satisfied a period of placement as a condition
of community supervision;
(4)
the offender has demonstrated non-compliance with the program
criteria or court order;
(5)
the offender manifests a medical problem that prohibits
participation or completion of the program requirements;
(6)
the offender displays symptoms of a psychological disorder
that prohibits participation or completion of the program requirements; or
(7)
the offender is identified as inappropriate or ineligible
for participation in the program as defined by facility eligibility criteria,
statute, or standard.
(q)
Discharge Summary. A discharge summary shall be prepared
by the primary counselor for each offender prior to leaving any substance
abuse program. The discharge summary shall provide a summation of:
(1)
clinical problems at the onset of treatment and original
diagnosis;
(2)
the problems or needs and strengths or weaknesses identified
on the master treatment plan;
(3)
the goals and objectives established;
(4)
the course of treatment;
(5)
the outcomes achieved; and
(6)
a continuum of care plan/aftercare treatment plan.
(r)
General Program Services Provisions. Specific services
shall be required of all substance abuse treatment programs. Written policy
and procedures shall ensure the following:
(1)
All substance abuse services shall be delivered according
to a written treatment plan;
(2)
All programs shall employ a Qualified Credentialed Counselor
as the Program Director, Clinical Director, Senior Counselor, or the counselor
in a similar supervisory position;
(3)
The program shall include culturally diverse curriculum
applicable to the population served and shall be accomplished through demonstrated,
appropriate counseling and instructional materials;
(4)
Members of the offender treatment team shall demonstrate
effective communications and coordination, as evidenced in staffing, treatment
planning and case-management documentation;
(5)
There shall be written policies and procedures regarding
the delivery and administration of prescription and nonprescription medication
which provide for:
(A)
conformity with state regulations; and
(B)
documentation of the administration of medications, medication
errors, and drug reactions.
(6)
Chemical dependency education shall follow a course outline
that identifies lecture topics and major points to be discussed;
(7)
The program shall provide education about the health risks
of tobacco products and nicotine addiction;
(8)
The program shall provide HIV education based on the Model
Workplace Guidelines for Direct Service Providers developed by the Texas Department
of Health;
(9)
Offenders shall have access to HIV counseling and testing
services directly or through referral;
(A)
HIV services shall be voluntary, anonymous, and not limited
by ability to pay.
(B)
Counseling shall be based on the model protocol developed
by the Texas Department of Health.
(C)
In all TDCJ-CJAD funded facilities, testing, as well as
pre- and post-test counseling, is to be provided by the medical department
or contracted medical provider. In all facilities, service shall be provided
either directly or through referral.
(10)
The program shall make testing and information, for tuberculosis
and sexually transmitted diseases available to all offenders, unless the program
has access to test results obtained during the past year;
(A)
Services may be made available directly or through referral.
(B)
If an offender tests positive for tuberculosis or a sexually
transmitted disease, the program shall refer the offender to an appropriate
health care provider and take appropriate steps to protect offenders and staff.
(C)
A community corrections facility shall report to the local
health department the release of an offender who is receiving treatment for
tuberculosis.
(11)
The program shall:
(A)
refer pregnant offenders who are not receiving prenatal
care to an appropriate health care provider and monitor follow-through; and
(B)
refer offenders to ancillary services necessary to meet
treatment goals.
(s)
Levels of Treatment. All CCFs providing substance abuse
treatment shall designate in the current facility's Community Justice Plan
(CJP) program proposal levels of treatment to be provided as described in
sections (t) through (x) below. If the program utilizes a Modified Therapeutic
Community modality of treatment, it shall include the following as minimal
components.
(1)
a structure board;
(2)
encounter, counseling and family groups;
(3)
utilization of a three phase process. (Offenders shall
transition from Phase 1, to Phase 2 to Phase 3 by meeting objectives and program
goals.);
(4)
graduated treatment sanctions for incidents of non-compliance
in coordination with the transitional treatment team; and
(5)
other peer-support groups.
(t)
Detoxification. Written policies and procedures shall ensure
the following:
(1)
All offenders admitted to Detoxification programs shall
need detoxification.
(2)
Every offender shall have a completed medical history and
physical.
(A)
Residential offenders shall have a completed physical and
medical history and a physical within 24 hours of admission. If the facility
cannot meet this deadline because of exceptional circumstances, the circumstances
shall be documented in the offender record. Until an offender's medical history
and physical is complete, staff shall observe offenders closely (no less than
every 15 minutes) and monitor vital signs (no less than once each hour).
(B)
Outpatient offenders shall have the medical history and
physical completed before admission.
(3)
The program shall provide continuous supervision for offenders.
(A)
In residential programs, direct care staff shall be awake
and on site 24 hours a day.
(i)
During day and evening hours, at least two awake staff
shall be on duty for the first 12 offenders, with one more person on duty
for each additional one to 16 offenders.
(ii)
At night, at least one awake staff member shall be on
duty for the first 12 offenders, with one more person on duty for each additional
one to 16 offenders.
(B)
In outpatient programs, direct care staff shall be awake
and on site whenever an offender is on site. Offenders shall have access to
on-call staff 24 hours a day.
(4)
If the program accepts offenders with acute detoxification
symptoms or a history of acute detoxification symptoms, the program shall
have:
(A)
a licensed vocational nurse or registered nurse on duty
during all hours of operation;
(B)
a physician on-call 24 hours a day.
(5)
Level of observation shall be based on medical recommendations
and program design, or not less than that described in (2) (A) above.
(6)
A physician shall approve all medical policies, procedures,
guidelines, tools, and forms, which shall include:
(A)
screening instruments (including a medical risk assessment)
and procedures;
(B)
treatment protocol or standing orders for each chemical
the program is prepared to address in detoxification; and
(C)
emergency procedures.
(7)
The clinical supervisor shall be a physician, physician
assistant, advanced practice nurse, or registered nurse.
(8)
The program shall:
(A)
ensure continuous access to emergency medical care;
(B)
provide offenders access to mental health evaluation and
linkage with mental health services when indicated;
(C)
use written procedures to encourage offenders to seek appropriate
treatment after detoxification.
(9)
Direct care staff shall complete detoxification training
provided by a physician, physician assistant, advanced practice nurse, or
registered nurse that includes instruction in the following areas:
(A)
signs of withdrawal;
(B)
pregnancy-related complications (if the program admits
females of child-bearing age);
(C)
observation and monitoring procedures;
(D)
appropriate intervention; and
(E)
complications requiring transfer.
(10)
Staff shall assist each offender in developing an individualized
post-detoxification plan that includes appropriate referrals.
(u)
Relapse/Intensive Residential Treatment. Written policies
and procedures shall ensure the following:
(1)
All offenders admitted to relapse intensive residential
treatment shall be medically stable, and able to participate in treatment.
(2)
The program shall provide adequate staff for close supervision
and individualized treatment with counselor caseloads not to exceed ten offenders.
(3)
There shall be direct care staff alert and on site during
all hours of operation. There shall be an appropriate number of direct care
staff to provide all required program services, maintain an environment that
is conducive to treatment, and ensure the safety and security of the offenders,
according to the design of the facility and with the approval of the funding
source.
(4)
For programs 45 days or less counselors shall complete
a comprehensive offender assessment and individual treatment plan within five
working days of admission. All other programs shall complete a comprehensive
offender assessment and individual treatment plan within ten working days.
(5)
The facility shall deliver not less than 20 hours of structured
activities per week for each offender, including:
(A)
ten hours of chemical dependency counseling, with no less
than one hour of individual counseling;
(B)
seven hours additional education, counseling, life skills,
or rehabilitation activities; and
(C)
three hours of structured social or recreational activities.
(6)
Counseling and education schedules shall be submitted to
the funding entity for approval.
(7)
Each offender shall have an opportunity to participate
in physical recreation at least weekly.
(8)
Program staff shall offer chemical dependency education
or services to identified significant others.
(9)
The program shall provide each offender with opportunities
to apply knowledge and practice skills in a structured, supportive environment.
(v)
Primary Care Treatment. Written policies and procedures
shall ensure the following:
(1)
All offenders admitted to primary care treatment shall
be medically stable, and able to participate in treatment.
(2)
The program shall provide adequate staff for close supervision
and individualized treatment with counselor caseloads not to exceed 16 offenders.
(3)
There shall be direct care staff alert and on site during
all hours of operation. There shall be an appropriate number of direct care
staff to provide all required services, maintain an environment that is conducive
to treatment, and ensure the safety and security of the offenders, according
to the design of the facility and with the approval of the funding source.
(4)
Counselors shall complete a comprehensive offender assessment
within ten working days of admission for all offenders admitted to a primary
care treatment program, and an individualized treatment plan shall be completed
for all offenders within ten working days of admission.
(5)
Length of stay shall be offender-driven based upon:
(A)
the offender's successful completion of treatment goals;
(B)
medical and psychological appropriateness for the program;
(C)
the offender's compliance with the programs rules and regulations.
(6)
The facility shall deliver no less than 20 hours of structured
activities per week for each offender, including:
(A)
ten hours of chemical dependency counseling, with no less
than one hour of individual counseling per month;
(B)
seven hours additional education, counseling, life skills,
or rehabilitation activities; and
(C)
three hours of structured social or recreational activities.
(7)
Counseling and education schedules shall be submitted to
the funding entity for approval.
(8)
Each offender shall have an opportunity to participate
in physical recreation at least four hours per week.
(9)
Program staff shall offer chemical dependency education
or services to identified significant others.
(10)
The program shall provide each offender with opportunities
to apply knowledge and proactive skills in a structured, supportive environment.
(w)
Community Residential Treatment. Written policies and procedures
shall ensure the following:
(1)
All offenders admitted to community residential treatment
shall be medically stable, able to function with limited supervision and support,
and be able to participate in work release or community service/restitution
programs.
(2)
The program shall have adequate staff to meet treatment
needs within the context of the program description, with counselor caseloads
not to exceed 16 offenders, or 20 for modified therapeutic community.
(3)
There shall be direct care staff alert and on site during
all hours of operation. There shall be an appropriate number of direct care
staff to provide for the safety and security of the offenders, according to
the design of the facility and with the approval of the funding.
(4)
Counselors shall complete a comprehensive offender assessment
and individualized treatment plan within ten working days of admission for
all offenders.
(5)
The facility shall deliver no less than ten hours of structured
activities per week for each offender, including at least five hours of chemical
dependency counseling and programming of no less than four hours of chemical
dependency counseling and four hours of structured activities per week shall
be provided in a modified therapeutic community program.
(6)
Counseling and education schedules shall be submitted to
the funding entity for approval.
(7)
The program design and application shall include increasing
levels of responsibility for offenders and frequent opportunities for offenders
to apply knowledge and practice skills in structured and unstructured settings.
(x)
Outpatient Treatment. Written policies and procedures shall
ensure the following:
(1)
All offenders admitted to outpatient programs shall be
medically stable, and have appropriate support systems in the community to
live independently with minimal structure.
(2)
The program shall have adequate staff to provide offenders
support and guidance to ensure effective service delivery, safety, and security.
Staffing patterns shall be submitted to the funding entity.
(3)
The program shall set limits on counselor caseload size
to ensure effective, individualized treatment and rehabilitation. Criteria
used to set the caseload size shall be documented and approved by the funding
entity.
(4)
Didactic groups shall not exceed 30 offenders in a group.
(5)
Therapeutic groups shall not exceed 16 offenders in a group.
(6)
For offenders in supportive outpatient programs, counselors
shall complete a comprehensive offender assessment within 30 calendar days
of admission for all offenders.
(7)
For offenders in intensive outpatient programs, counselors
shall complete a comprehensive offender assessment within ten calendar days
of admission for all offenders.
(8)
Intensive outpatient programs shall deliver no less than
ten hours of structured activities per week for each offender, including at
least five hours of chemical dependency counseling.
(9)
Supportive outpatient programs shall deliver no less than
two hours of structured activities per week for each offender, including at
least one hour of chemical dependency counseling.
(10)
Counseling and education schedules shall be submitted
to the funding entity for approval.
(11)
The program design and application shall include increasing
levels of responsibility for offenders and frequent opportunities for offenders
to apply knowledge and practice skills in structured and unstructured settings.
(12)
The outpatient treatment levels may be utilized for residents
in the work release phase of any residential substance abuse treatment program.
(y)
Special Populations. Written policies and procedures shall
ensure the following:
(1)
Programs that address the special mental health, intellectual
capacity, or medical needs of offenders must provide appropriate treatment
either by program staff or through contracted services.
(2)
Admission to a special needs program must be based on a
documented mental health, intellectual capacity, or medical need.
(3)
When the assessment process indicates that the offender
has coexisting disabilities/disorders, the Treatment Plan shall specifically
address those issues that might impact treatment, recovery, relapse, and/or
recidivism.
(4)
Personnel shall be available who are qualified in the treatment
of coexisting disabilities/disorders.
(5)
Within 96 hours of admission to a special needs residential
program, offenders shall be administered a medical and psychological evaluation.
(6)
Within ten days of admission to a residential program for
special needs offenders, the program administrator or designee shall contact
the Texas Council on Offenders with Mental Impairments (TCOMI) regarding the
offender's status. As soon as discharge date is projected, TCOMI shall be
notified in writing of plans for a continuum of care after discharge, regardless
of whether or not the discharge is for successful completion of the program.
(7)
Residential facilities providing services for special needs
populations shall have procedures to provide access to health care services,
including medical, dental, and mental health services, under the control of
a designated health authority. When this authority is other than a physician,
final medical judgments must rest with a single designated responsible physician
licensed by the state.
(A)
Services/treatment shall be directed toward maximizing
the functioning and reducing the symptoms of offenders.
(B)
There shall be written policies and procedures regarding
the delivery and administration of prescription and nonprescription medication
which provide for:
(i)
conformity with state regulations;
(ii)
documentation of the rationale for use and goals of service/treatment
consistent with the individual plan of treatment;
(iii)
documentation of the administration of medications, medication
errors, and drug reactions; and
(iv)
procedures to follow in case of emergencies.
(8)
There shall be procedures for documenting that the offender
has been informed of medication management procedures.
(9)
Offenders shall be actively involved in decisions related
to their medications.
(10)
Programs for special needs offenders must follow the same
staffing for treatment levels as the levels for other offenders, except all
residential programs shall maintain caseloads of no greater than 16 offenders
for each counselor.
(11)
Programs operating in residential facilities shall ensure
that offenders will have no less than ten days of appropriate medication for
use after discharge.
(z)
Residential Physical Plant Requirements. Facilities (Physical
Plants) providing substance abuse treatment to offenders shall have written
policies and procedures to ensure the following:
(1)
The physical plant shall be located either within one mile
of public transportation or other means of available transportation.
(2)
There must be documentation indicating that ventilation
conforms with the American Society of Heating, Refrigerating and Air Conditioning
Engineers (ASHRAE) Standard 62 and ASHRAE Standard 55 requiring 20 CFM per
person minimum outside air and ventilation for each occupant or facility sleeping
quarters. The facility/sleeping quarters must also meet Smoke Management Standards
92A, 92B and 204M established by the National Fire Prevention Association
(NFPA). Consultation with trade associations specializing in the area of ventilation
can provide alternative methods of mechanical ventilation if windows are absent
or not operable. Documentation for meeting proper ventilation requirements
can be obtained through a local public health agency, an engineering consultant,
or a trade association such as the American Society of Heating, Refrigeration
and Air-Conditioning Engineers, Inc.
(3)
There must be documentation that all sleeping quarters
have lighting of at least 20 foot-candles in reading and grooming areas. Sleeping
quarters shall be safe and provide the resident with adequate lighting which
is conducive to reading and grooming.
(4)
An adequate amount of floor space must be provided per
resident in the facility's sleeping area to meet the safety and security requirements
of the facility.
(5)
In the sleeping area, each resident must be provided at
a minimum: a bed, mattress, and pillow; supply of bed linen; and closet/locker
space for the storage of personal items.
(6)
Private counseling space with adequate furniture must be
provided in the facility.
(7)
Space and furnishings for activities such as group meetings
and visits shall be provided in the facility.
(8)
At a minimum, the facility shall have one operable toilet
for every eight residents or increment thereof, or as approved by the funding
entity. Urinals may be substituted for up to one-half of the toilets in male-populated
facilities.
(9)
At a minimum, the facility shall have one operable wash
basin with temperature controlled hot and cold running water for every eight
residents, or as approved by the funding agency.
(10)
At a minimum, the facility shall have one operable shower
or bathing facility with temperature controlled hot and cold running water
for every twelve residents or as approved by funding entity. The water shall
be thermostatically controlled to temperatures ranging from 100 to 108 degrees
Fahrenheit to ensure the safety of residents.
(11)
The facility shall have the ability to handle the laundry
needs on a daily basis for all residents.
(12)
Facilities of more than 200 residents shall be subdivided
into units of not more than 60 residents. Each unit will be staffed with the
number and variety of staff personnel required to provide the program services
and custodial supervision needed based on contractual requirements. Units
with 50 or fewer residents shall be permitted to conduct manageable, scaled
programs based on decisions by facility management and contractual requirements.
(13)
Resident population shall not exceed the rated space of
the facility. The original facility plan shall be examined to determine its
rated bed capacity. If remodeled since original construction, the latest blueprints
or plans for each resident housing shall be used.
(14)
When males and females are housed in the same facility,
there shall be separate sleeping quarters with adequate supervision.
(15)
There shall be identifiable exits in each housing area
and other high density areas to permit the prompt evacuation of residents
and staff under emergency conditions as approved by the local or state fire
inspector/marshall having jurisdiction.
(16)
Where applicable, there shall be a separate day room (leisure
time space) for each housing unit, and an outside recreation area shall be
provided.
(17)
There shall be a visiting room or area for contact visitation
which is adequate to meet the needs and size of the facility.
(18)
Space must be provided for administrative, custodial,
professional, and clerical staff.
(19)
Preventative maintenance of the physical plant which provides
for emergency repairs or replacements in life threatening situations shall
be documented and conducted on a timely and routine basis.
(20)
There shall be documentation by a qualified source that
the interior finishing material in resident living areas, exit areas, and
places of public assembly are in accordance with the local or state fire inspector/marshall
having jurisdiction.
(21)
Exits in the facility must be in compliance with either
state or local fire safety authorities.
(aa)
Special Physical Plant Provisions. There shall be written
policy and procedures to ensure access for handicapped residents in a manner
which provides for their safety and security. In accordance with the Americans
with Disabilities Act (ADA), areas of the facility which are accessible to
the public shall be also accessible to handicapped staff and visitors.
§163.41.Medical and Psychological Information.
(a)
Human Immunodeficiency Virus (HIV) and Acquired Immune
Deficiency Syndrome (AIDS) Policies. CSCD directors shall develop and implement
policies relevant to HIV in accordance with guidelines established by the
Texas Department of Health and adopted by the TDCJ-CJAD. These policies will
be incorporated in the CSCD's administrative manuals and shall include, but
not be limited to, the following:
(1)
education/training;
(2)
confidentiality;
(3)
workplace guidelines; and
(4)
supervision of individuals with HIV or AIDS infection.
(b)
Employee Training. In accordance with statute, each employee
of the CSCD shall attend an HIV-AIDS training program, within the first year
of employment. Education programs for employees shall include information
and training relating to infection control procedures.
(c)
HIV Confidentiality. Information regarding HIV-AIDS testing
and results is confidential. HIV-AIDS information shall be maintained in a
safe and secure manner with access to this confidential information restricted
to only those persons who have been authorized to receive this information
by law or with a duly executed release and waiver of confidentiality. The
CSCD may disclose HIV-AIDS information relating to special offenders in accordance
with Texas Health and Safety Code, Chapter 614 and the other statutes and
authorities set forth in TDCJ-CJAD's Community Supervision and Corrections
Department Records manual (October 10, 2000), as amended from time to time.
(d)
Medical and Psychological Information. All records and
other information concerning an offender's physical or mental state, including
all information pertaining to an offender's HIV-AIDS status, are confidential
n accordance with the statutes and other authorities set forth in the above-referenced
TDCJ-CJAD's Community Supervision and Corrections Department Records manual.
Medical and psychological information shall be maintained in a safe and secure
manner with access to this confidential information restricted to only those
persons who have been authorized to receive this information by law or with
a duly executed release and waiver of confidentiality from the offender. The
CSCD may disclose medical and psychological information relating to special
needs offenders in accordance with Texas Health and Safety Code, Chapter 614
and the other statutes and authorities identified in the aforementioned TDCJ-CJAD
manual.
§163.42.Substantial Noncompliance.
(a)
Definition. Substantial noncompliance with TDCJ-CJAD standards,
for purposes of Texas Government Code §509.012, is defined as:
(1)
intentional diversion, theft or misapplication of TDCJ-CJAD
funding or grants for purposes other than the state funding award or allocation;
(2)
violations of laws, regulations or official manuals specific
to the operations of CSCDs;
(3)
intentional refusal to implement TDCJ-CJAD approved Action
Plans that are a result of audits, reviews, or inspections;
(4)
for purposes of qualifying for state aid by complying with
the Open Meetings Act under §163.43(a)(1)(F) of this title (relating
to Funding and Financial Management), failing to hold the meeting to finalize
the CSCD budget as required by Texas Local Government Code §140.004 in
compliance with the Texas Open Meetings Act; and
(5)
interference, obstruction, or hindrance with any efforts
by the State Comptroller, County Auditor of the county that manages the CSCD's
funds, CJAD, or Criminal Justice Policy Council, to examine or audit the records,
transactions and performance of the subject CSCD or facilities.
(b)
Imposing Sanctions. Sanctions imposed for substantial noncompliance
shall be in accordance with provisions outlined in §163.47 of this title
(relating to Contested Matters).
§163.43.Funding and Financial Management.
(a)
Funding
(1)
Qualifying for TDCJ-CJAD Formula and Grant Funding CSCDs
qualify for TDCJ-CJAD state aid by:
(A)
being in substantial compliance with TDCJ-CJAD standards;
(B)
having a community justice council that serves the jurisdiction
as required by law;
(C)
having a TDCJ-CJAD approved community justice plan with
related budgets;
(D)
the district judge(s) appointing a director to administer
all CSCD funds;
(E)
having a fiscal officer appointed by the district judge(s)
managing the CSCD as set forth in subsection (b) of this section; and
(F)
except for CSCDs that can legally be managed by no more
than one judge, the district judges complying with the Open Meetings Act,
Chapter 551, Texas Government Code, when meeting to finalize the CSCD budget
as required by Texas Local Government Code §140.004.
(2)
Other Entities Qualifying for TDCJ-CJAD Grant Funding.
In addition to CSCDs, counties, municipalities, and nonprofit organizations
qualify for TDCJ-CJAD grant funding by:
(A)
being in substantial compliance with TDCJ-CJAD grant conditions;
(B)
having budgets related to the program proposal; and
(C)
the grant funding recipient designating a chief fiscal
officer to account for, protect, disburse, and report on all TDCJ-CJAD grant
funding, and to prescribe the accounting procedures related thereto.
(3)
Allocating State Aid. State aid will be made available
to eligible funding recipients in accordance with the applicable statutory
requirements and items set forth in the Financial Management Manual for TDCJ-CJAD
Funding issued by TDCJ-CJAD.
(4)
Awarding TDCJ-CJAD Grant Funding. CSCDs, counties, municipalities,
and nonprofit organizations who are eligible to receive grant funding must
meet requirements as set forth in the Financial Management Manual for TDCJ-CJAD
Funding and be approved by the TDCJ-CJAD Director to receive such funds. Grant
funding will be made available in accordance with statutory requirements and
items as set forth in the Financial Management Manual for TDCJ-CJAD Funding.
(b)
Financial Procedures.
(1)
Requested Information from CSCDs and Other Potentially
Eligible TDCJ-CJAD Funding Recipients. Each funding recipient shall present
data, documents, and information requested by the TDCJ-CJAD as necessary to
determine the amount of state financial aid to which the funding recipient
is entitled. A funding recipient receiving TDCJ-CJAD funding shall submit
such reports, records, and other documentation as required by the TDCJ-CJAD.
(2)
Deposit of TDCJ-CJAD Funding. In accordance with Texas
Local Government Code §140.003, each CSCD, county, or municipality shall
deposit all TDCJ-CJAD funding received in a special fund of the county treasury
or municipal treasury, as appropriate, to be used on behalf of the department
and as the CSCD directs. Nonprofit organizations shall deposit all TDCJ-CJAD
funding received in a separate fund, to be used solely for the provision of
services, programs, and facilities approved by TDCJ-CJAD.
(3)
Fee Deposit. Community supervision fees and payments by
offenders shall be deposited into the same special fund of the county treasury
receiving state financial aid, to be used for community supervision and correction
services.
(4)
Restrictions on CSCD Generated Revenue. CSCD generated
revenue shall be used: in accordance with statutory requirements and with
the items set forth in the Financial Management Manual for TDCJ-CJAD Funding
(October 1, 1999), as amended from time to time.
(5)
Available Records. The funding recipient and/or the fiscal
officer accounting for, disbursing, and reporting on the TDCJ-CJAD funding
shall make financial, transaction, contract, computer and other records available
to TDCJ-CJAD. Funding recipients shall provide financial reports and other
records to TDCJ-CJAD as set forth in the referenced Financial Management Manual
for TDCJ-CJAD Funding.
(6)
Budgets. Funding recipients shall prepare and operate from
a budget(s) developed and approved within the guidelines set forth in the
referenced Financial Management Manual for TDCJ-CJAD Funding, as amended from
time to time.
(7)
Funding Recipient Obligations. Funding recipients shall
comply with all funding provisions as set forth in the Financial Management
Manual for TDCJ-CJAD Funding and any special conditions associated with their
respective funding awards.
(8)
Honesty Bond. CSCD directors shall ensure that all public
monies are protected by requiring that all employees with access to monies
are covered by honesty bonds and all funds maintained on CSCD premises are
protected by appropriate insurance or bonding.
(9)
Travel Reimbursements. Mileage and per diem shall not be
less than the state rates and no higher than the county rates if the county
rates are higher than the state rates.
(c)
Determination and Recovery of Unexpended Monies. Determination
and return by the CSCD of unexpended funds shall be in accordance with the
Financial Management Manual for TDCJ-CJAD Funding.
(d)
Facilities, Utilities, and Equipment.
(1)
CSCDs. In accordance with Texas Government Code §76.008,
the county or counties served by a CSCD shall provide, at a minimum, the following
facilities, equipment and utilities for the department.
(A)
Minimum Facilities for CSCDs. Each CSO shall be provided
a private office. Each office shall have the necessary lighting, air conditioning,
equipment, privacy, and environment to provide and promote the delivery of
professional community corrections services.
(B)
Minimum Utilities for CSCDs. Each CSCD office shall be
provided adequate utilities necessary to provide efficient and professional
community corrections services.
(C)
Minimum Equipment for CSCDs. Each CSO shall be furnished
adequate furniture, telephone, and other equipment as necessary and consistent
with efficient office operations. Adequate insurance, maintenance, and repair
of the CSCD's equipment shall be maintained.
(D)
Location. Each CSCD office providing direct court services
shall be located in the courthouse or as near the courthouse as practically
possible to promote prompt and efficient services to the court.
(E)
Satellite Offices. Satellite CSCD offices shall be established
in the area of the judicial district to provide efficient supervision of and
service to offenders as dictated by population, caseload size, or geographical
distance.
(2)
Inventory. Inventory and disposal of equipment, furniture,
and/or vehicles purchased with program funds will follow the guidelines in
the Financial Management Manual for TDCJ-CJAD Funding (October 1, 1999) as
amended from time to time. In addition:
(A)
All equipment, furniture, and vehicles purchased with program
funds are to be inventoried with TDCJ-CJAD in accordance with procedures set
forth in the referenced Financial Management Manual for TDCJ-CJAD Funding.
(B)
Any CSCD or other entity wanting to dispose of equipment,
furniture, and/or vehicles purchased with program funds shall adhere to procedures
set forth in the referenced Financial Management Manual for TDCJ-CJAD Funding.
(e)
Certification of Facilities, Utilities, and Equipment for
CSCDs. Certification of facilities, utilities, and equipment for CSCDs shall
be in accordance with Texas Government Code §76.009 and §76.010,
and as provided for in the referenced Financial Management Manual for TDCJ-CJAD
Funding, as amended from time to time.
§163.46.Allocation Formula for Community Corrections Program.
(a)
Purpose. The Texas Government Code §509.011(f), gives
the Texas Board of Criminal Justice (TBCJ) discretion to adopt a policy limiting
the percentage of benefit or loss that may be realized by a CSCD as a result
of the Community Corrections Program allocation formula.
(b)
Loss Limits. Assuming adequate appropriations, no CSCD
may incur a funding decrease of more than 5.0% from the previous fiscal year.
An upper change limit shall be determined by available funding and the size
and number of departments that reach the decrease limit. If appropriations
are inadequate to maintain the 5.0% decrease limit, all CSCD allocations will
be reduced proportionately from the previous year's allocations.
§163.47.Contested Matters.
(a)
Right to Contest Adverse Proposals.
(1)
If TDCJ-CJAD (hereinafter referred to as the division)
proposes to deny, revoke, or suspend the certification of a CSO or to reprimand
such officer shall be entitled to notice and a hearing before the division
or a hearings examiner appointed by the division. Hearings before a hearings
examiner shall be conducted pursuant to the procedures set forth in subsection
(h) of this section.
(2)
If the division proposes the reduction, refusal, or suspension
of payment of state aid, not including the refusal to provide or a reduction
of discretionary grant funding other than funds suspended or reduced during
a funding cycle, or intends to impose budget control over a CSCD (hereinafter
referred to as the department), the department shall be provided with a notice
and offered a hearing.
(b)
Notice of Proposed Action.
(1)
The division shall issue a written notice that:
(A)
defines specifically the alleged conduct that constitutes
substantial noncompliance with division standards or requirements;
(B)
indicates the proposed action to be taken in the matter;
(C)
provides a succinct statement of the reasons for the proposed
action;
(D)
makes reference to the particular sections of the statutes,
standards, and rules involved; and,
(E)
informs the supervision officer or department of the right
to request a hearing.
(2)
The notice must be signed by the TDCJ-CJAD director and
sent by registered or certified mail, return receipt requested and postage
prepaid. If the proposed action is against a CSO, then the notice must be
sent to the individual with a copy forwarded to the director of the department.
(c)
Request for Further Hearing Before the Judicial Advisory
Council. A department or CSO who received written notice of the division's
proposed adverse action may after the conclusion and results of the hearing
before the Division or Hearings Examiner provided under subsection (a) of
this section, request a further hearing to contest the matter before the Judicial
Advisory Council (JAC).
(1)
Within 15 working days (for purposes of this section, the
term days refers to business days other than weekends or holidays) of the
receipt of the written notice of the results of the hearing before the Division
or Hearings Examiner, the respondent CSO or department must submit in writing
a request for a further hearing before the JAC to the division director and
the chairperson of the JAC.
(2)
The request for further hearing before the JAC must include
a succinct statement of the grounds upon which the proposed action is contested
and all grounds upon which the effected individual or department refutes the
basis of the proposed action and any results from the initial hearing before
the Division or Hearings Examiner.
(3)
The JAC shall offer the affected CSO or department an opportunity
to be heard at the next regularly scheduled meeting of the JAC held immediately
after receipt of the request for hearing. If no meeting is scheduled within
60 days of the receipt of the request for further hearing before the JAC,
then the chairperson shall schedule a specially-called meeting to be held
no later than 60 days from the receipt of the applicable request for further
hearing before the JAC.
(4)
The chairperson shall cause a written notice to be issued
to the affected CSO or department informing the party of:
(A)
the time, date, and location of the hearing;
(B)
the legal authority and jurisdiction under which the hearing
is to be held; and
(C)
the manner in which the hearing will be conducted. Notice
shall be sent by registered or certified mail, return receipt requested, not
less than 10 days prior to the hearing.
(d)
The Division and the Affected Party Shall Each Be Given
Thirty Minutes to Present Their Respective Sides. Testimony may be given orally
under oath or through a prepared written statement or affidavit as acknowledged
before a notary public. No more than three witnesses per side shall testify.
However, upon the request of either party made prior to the hearing and at
the discretion of the chairperson, the time for making a presentation and
the number of witnesses needed to testify may be increased.
(e)
At the Conclusion of the Hearing Before the JAC, the Members
of the JAC Shall Vote Whether to Recommend that the Division's Proposed Adverse
Action be Withdrawn, Modified, or Affirmed. Within 10 days of the recommended
vote of the JAC, the TDCJ-CJAD director shall notify the officer, department
director, and/or administrative judge concerning whether or not the director
concurs with the recommendation of the JAC. Notice shall be made in writing
and sent by registered or certified mail, return receipt requested in accordance
with subsection (b)(2) of this section.
(f)
Failure to Request a Hearing Before the JAC Waives any
Further Appeal to the Texas Board of Criminal Justice.
(g)
Request for Hearing Before the Texas Board of Criminal
Justice. Except as provided in subsection (f) of this section and paragraph
(2) of this subsection a department or supervision officer may contest a final
proposed action of the division director before the Texas Board of Criminal
Justice.
(1)
Within 15 days of the receipt of the written notice of
the final proposed action of the division director, the affected officer or
department must submit in writing to the Chairperson of the Texas Board of
Criminal Justice with a copy forwarded to the division director a request
for hearing before the Board.
(2)
Failure to submit the request for hearing within the specified
time period waives any future appeal before the Board.
(3)
Within 20 days of receipt of the request for hearing, the
general counsel of the Texas Department of Criminal Justice or his designee
shall file with the State Office of Administrative Hearings a request for
assignment of administrative law judge. Said request shall be accompanied
with a complaint containing the same information as required under subsectin
(b)(1)(A) - (E) of this section and also including a statement of the recommendation
of the JAC and the division director's final proposed action. Said request
shall also be accompanied with a written statement of applicable rules or
policies of the division and agency. The complaint shall designate the parties
in this contested matter. The affected officer or department who is appealing
the proposed adverse action of the TDCJ-CJAD director shall be designated
as the petitioner. The division shall be designated as the respondent. Said
request and complaint shall be sent to the officer, department director and/or
administrative judge by registered or certified mail, return receipt requested
and postage prepaid.
(4)
Division Representative. The general counsel of the Texas
Department of Criminal Justice or his/her designee shall represent the division.
The general counsel has authority over the manner and substance of the presentation
of the division's case.
(5)
Representation for Petitioner. Any petitioner may appear
and be represented by an attorney at law authorized to practice law in the
State of Texas. The petitioner may appear on his own behalf or appearance
may be made by his duly authorized representative.
(6)
Within 20 days of the receipt of the complaint the petitioner
shall cause a response to be served on the division. The response shall specify
which particulars of the complaint that the petitioner contests. In addition,
the petitioner shall include any other defense and/or supporting factual statement
in his response which was not previously raised by written pleading in the
prior hearing. Said response shall be sent by certified mail, return receipt
requested to the general counsel or his designee and to the clerk of the administrative
law judge in accordance with subsection (h)(8)(A) of this section.
(h)
Administrative Hearing Procedures.
(1)
Notice of Hearing. The petitioner and other parties shall
be given no less than 10 days notice of any scheduled hearing. Notice shall
be sent by registered or certified mail, return receipt requested.
(2)
Motions for Consideration.
(A)
All motions for consideration must be filed with the clerk
of the administrative law judge no fewer than five days prior to the date
in which the matter is scheduled to be heard.
(B)
Any motion relating to a pending proceeding, unless made
during a hearing, must be in writing and must specify the desired relief,
the reason, and basis for this relief. If based upon matters which do not
appear on record, it must be supported by affidavit.
(C)
If any party has appeared in the proceeding by attorney
or other representative authorized to make an appearance, the attorney or
other representative must be served. The willful failure of any party to make
such service will be sufficient grounds for the administrative law judge to
enter an order striking the pleading from the record.
(3)
Prehearing Conference. On the motion of the petitioner
or the respondent or on his/her own motion, the administrative law judge may
direct the parties and their attorneys or representative to appear before
him at a specified time and place for a conference before the hearing for
the purpose of formulating issues and considering:
(A)
the possibility of making admissions of certain averments
of facts or stipulations to avoid the unnecessary introduction of proof;
(B)
the simplification of issues;
(C)
the procedure at the hearing;
(D)
the specification of the number of witnesses;
(E)
matters to be officially noted;
(F)
the mutual exchange of prepared testimony and exhibits;
(G)
the date discovery is to be closed; and
(H)
such other matters as may aid in the simplification of
the proceedings and the disposition of the matters in controversy.
(4)
Discovery and Depositions.
(A)
Discovery shall be provided and governed by Texas Government
Code, Chapter 2001, Subchapter D, (the Administrative Procedure Act), and
where no conflict exists with said Act, with the Texas Rules of Civil Procedure.
(B)
Depositions shall be taken in accordance with the requirements
of Texas Government Code, Chapter 2001, Subchapter D, (the administrative
Procedure Act), and where no conflict exists with said Act, with the Texas
rules of Civil Procedure.
(C)
On its own motion or on the written request of a party,
and on deposit of an amount that will reasonably ensure payment of the amount
estimated to accrue under Texas Government Code, §2001.103, the Texas
Department of Criminal Justice shall issue a commission, addressed to the
officers authorized by statute to take a deposition, requiring that the deposition
of a witness be taken. The commission shall also authorize the issuance of
any subpoena necessary to require that the witness appear and produce, at
the time the deposition is taken, books, records, papers, or other objects
that may be necessary and proper for the purpose of the hearing.
(5)
Rules of Evidence.
(A)
In hearings under these rules, irrelevant, immaterial,
or unduly repetitious evidence shall be excluded. The rules of evidence as
applied in non-jury civil cases in the district courts of the state shall
be followed. However, evidence may be admitted if it is necessary to ascertain
facts not reasonably susceptible of proof under the rules of evidence applicable
to non-jury civil cases in district court, is not precluded by statute, and
is of a type on which a reasonably prudent person commonly relies in the conduct
of the person's affairs. Objections to evidentiary offers may be made and
shall be noted in the record.
(B)
Documentary evidence may be received by the administrative
law judge in the form of a copy or excerpt if the original is not readily
available. On request, either party shall be given an opportunity to compare
the copy with the original.
(C)
If a hearing will be expedited and the interests of the
parties will not be prejudiced substantially, any part of the evidence may
be received in written form or the parties may stipulate as to facts or circumstances
or summarize same.
(D)
Either party may conduct cross-examination as required
for a full and true disclosure of the facts.
(E)
On its own motion or on the written request of a party,
the Texas Department of Criminal Justice shall issue a subpoena addressed
to the sheriff or to a constable to require the attendance of a witness or
the production of books, records, papers, or other objects that may be necessary
and proper for the purposes of a proceeding if:
(i)
good cause is shown; and
(ii)
an amount is deposited that will reasonably ensure payment
of the amounts estimated to accrue under Texas Government Code, §2001.103.
(F)
Official notice may be taken by the administrative law
judge of all facts judicially cognizable and generally recognized facts within
the area of the agency's specialized knowledge. Parties shall be notified
either before or during the hearing, or by reference in preliminary reports
or otherwise, of the material officially noticed, including any staff memoranda
or data, and afforded an opportunity to contest the material so noticed.
(G)
Upon notifying all parties, the administrative law judge
may communicate with division or agency employees who have not participated
in the hearing, to use the special skills or knowledge of the division and
agency and its staff in evaluating the evidence. The administrative law judge
may allow all parties to be present during this communication and at his sole
discretion, may allow parties to question the employee.
(H)
Ex parte consultations. Any information considered by the
administrative law judge in deciding the contested case must be shared with
all parties. Private (ex parte) consultations, whether oral or written, about
the substantive issues of the contested case are allowed only if their substance
is shared with all parties.
(I)
Formal exceptions to rulings of the administrative law
judge during the hearing shall be unnecessary. It shall be sufficient that
the party at the time any ruling is made or sought shall have made known to
the administrative law judge the action desired. When testimony is excluded
by the administrative law judge, the party offering such evidence shall be
permitted to make an offer of proof by dictating or submitting in writing
the substance of the proposed testimony prior to the conclusion of the hearing,
and such offer of proof shall be sufficient to preserve the point for review.
The administrative law judge may ask such questions of the witness as he deems
necessary to satisfy himself that the witness would testify as represented
in the offer of proof.
(6)
Recording of Proceedings.
(A)
The proceedings of the hearing shall be electronically
recorded. Upon request of any party to the proceedings, a copy of such recording
shall be made available to the requesting party at cost.
(B)
Any party to the proceedings may request the presence of
a court reporter to record the proceedings. Selection and payment for the
services of the reporter shall be borne by the requesting party. All costs
of transcriptions of any recordings shall be at the expense of the requesting
party. A transcription becomes official when certified by the administrative
law judge.
(7)
Conduct of Hearings.
(A)
The administrative law judge is in charge of the proceedings.
The administrative law judge has the authority to administer oaths, examine
witnesses, direct the issuance of subpoenas, and rule on the admissibility
of evidence and amendments to pleadings. He may also establish reasonable
time limits for conducting individual hearings, request additional information,
and issue intermediate orders. The administrative law judge has the authority
to issue any orders necessary to enforce his rulings. These include, but are
not limited to:
(i)
exclusion of evidence or witnesses;
(ii)
exclusion of oral argument;
(iii)
summary orders or default judgment on any issues; or
(iv)
postponement or dismissal of the hearing with or without
prejudice.
(B)
The petitioner shall open and present its evidence to establish
its position on the matters involved. The respondent shall follow and present
its evidence. The petitioner and respondent may thereafter present rebuttal
evidence only. The petitioner shall be given the opportunity to offer final
argument and the respondent the opportunity to respond in final argument but
no additional evidence shall be presented absent leave of the administrative
law judge for good cause shown.
(C)
Continuances. Continuances may be granted by the administrative
law judge hearing the contested case. Motions for continuance shall be governed
by §155.33(b) and (c) of this title.
(8)
Miscellaneous
(A)
Place of Filing. All notices, pleadings, motions, answers,
affidavits, and other filings in a contested case shall be filed with the
State Office of Administrative Hearings at 300 West 15th Street, Suite 502,
Austin, Texas 78701-1649.
(B)
Computation of Time. In computing any period of time prescribed
or allowed by these rules, by order of the administrative judge, board, or
division, or by any applicable statute, the period shall begin on the day
after the act, event, or default in controversy and conclude on the last day
of such computed period, unless it be a Saturday, Sunday, or legal holiday,
in which event the period runs until the end of the next day which is not
a Saturday, Sunday, or legal holiday.
(C)
Agreement to be in Writing. No stipulation or agreement
between the parties or their representatives regarding any matter involved
in any proceeding before the board, division, or administrative law judge
may be enforced unless it is in writing and signed by the parties or their
representatives or unless it is dictated into the record during the course
of a hearing.
(i)
Final Decision.
(1)
The administrative law judge shall draft and recommend
to the Texas Board of Criminal Justice a proposed final decision based solely
on the record which addresses all matters presented at the hearing. The proposed
decision shall include findings of fact and conclusions of law, separately
stated. The draft and recommendation shall be forwarded to the Board with
a copy sent to each party and referred to the subcommittee for division affairs
for review.
(2)
After examination of the draft and recommendation and review
of the record of the hearing, the subcommittee shall indicate whether it will
accept or reject the recommendation of the administrative law judge. A copy
of the proposed decision shall be served on all parties and an opportunity
shall be afforded to the party adversely affected by the proposed decision
to file exceptions and present a brief to the board. Said exceptions and brief
shall be filed within 10 days after the date of service of the proposed decision
of the subcommittee with a copy served on the opposing party. Replies to such
exceptions shall be filed within 10 days after the date for filing of such
exceptions with a copy served on the opposing party.
(3)
The Board and subcommittee shall base their decision solely
on the record. The Board and subcommittee shall not substitute their judgment
for that of the division. The Board and subcommittee shall affirm the proposed
action of the division unless they find that the proposed action is unlawful,
arbitrary, or not supported by substantial evidence in the record.
(4)
The Texas Board of Criminal Justice shall render a decision
within 60 days after the draft and recommendation of the administrative law
judge is served on all parties. The decision must be in writing, and each
board member joining in the decision must sign it. A party in a contested
case shall be notified of any decision of the Board and a copy of the decision
shall be forwarded to all parties by registered or certified mail, return
receipt requested within five days after the final signature. A copy of the
decision shall also be forwarded to the attorney of record, if any, for the
party in a contested case. The agency shall keep a copy of the decision and
shall keep an appropriate record of the mailing.
(5)
A decision in a contested case is final: on the expiration
of the period for filing a motion for rehearing if a motion for rehearing
is not filed in time; on the date the order overruling the motion for rehearing
is rendered or the motion is overruled by operation of law if a motion for
rehearing is filed on time; or on the date the decision is rendered if the
agency finds that an imminent peril to the public health, safety, or welfare
requires immediate effect of a decision. If a decision becomes final on the
date the decision is rendered, the decision must recite a finding that an
imminent peril to the public health, safety, and welfare requires immediate
effect of the decision and the fact that the decision is final and effective
on the date rendered.
(j)
Motion for Rehearing.
(1)
In order to preserve error for judicial review, the party
who is aggrieved by a decision of the Board must file a written motion for
rehearing with the Board.
(2)
The motion for rehearing must be addressed to the Chairperson
of the Board of Criminal Justice and must be filed with the Executive Assistant
to the Chairperson of the Board at P.O. Box 13084, Capitol Station, Austin,
Texas 78711 within 20 days after the date that the party or the party's attorney
of record is notified of the Board's decision. A copy of the motion for rehearing
must be served on the opposing party by certified mail, return receipt requested,
on the same day that motion is filed with the Board.
(3)
A reply to a motion for rehearing must be filed with the
Texas Board of Criminal Justice not later than 30 days after the date that
the party or the party's attorney of record is notified of the Board's decision.
A copy of this reply must be served on the opposing party by certified mail,
return receipt requested on the same day that the reply is filed with the
Board.
(4)
The Board shall either grant or deny the motion for rehearing
within 45 days after the date that the decision is rendered. If the Board
does not rule on the motion for rehearing, the motion is overruled by operation
of law 45 days after the date the party or his attorney is notified of the
decision of the Board.
(5)
The Board may by written order extend the time for filing
a motion or reply or ruling on the motion for rehearing, except that an extension
may not extend the period for Board action beyond the 90th day after the date
on which the party or the party's attorney of record is notified of the Board's
decision. In the event of an extension, a motion for rehearing is overruled
by operation of law on the date fixed by the order or, in the absence of a
fixed date, 90 days after the date on which the party or the party's attorney
of record is notified of the Board's decision.
(k)
Record. The record in a hearing under these standards consists
of:
(1)
a copy of the division's notice of proposed action that
generated the appeal;
(2)
the request for assignment of administrative law judge;
(3)
the notice of hearing;
(4)
all pleadings, motions, and intermediate rulings;
(5)
evidence received or considered;
(6)
a statement of matters officially noticed;
(7)
questions and offers of proof, objections, and rulings
on them;
(8)
proposed findings and exceptions;
(9)
any decision, opinion, or report by the administrative
law judge presiding at the hearing;
(10)
all staff memoranda or data submitted to or considered
by the administrative law judge or members of the agency who are involved
in making the decision;
(11)
the recording and transcription, if any, of the proceedings;
(12)
the administrative law judge's draft and recommendation;
(13)
the recommendation of the subcommittee of the board;
(14)
the Board's decision;
(15)
the motion for rehearing and any replies to it; and
(16)
the Board's ruling on the motion for rehearing.
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 May 31, 2002.
TRD-200203381
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 20, 2002
Proposal publication date: March 8, 2002
For further information, please call: (512) 463-0422
Subchapter D. REINSTATEMENT OF PAROLE OR MANDATORY SUPERVISION AFTER REVOCATION
Chapter 146.
REVOCATION OF PAROLE OR MANDATORY SUPERVISION
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 155.
REPORTS AND INFORMATION GATHERING
Chapter 163.
COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
Chapter 165.
STATE AID DISTRIBUTION AND MONITORING