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, on behalf of the Texas
Department of Criminal Justice-Community Justice Assistance Division (CJAD),
proposes 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, standards for Community
Supervision and Corrections Departments (CSCDs). Sections 163.3, 163.5, 163.21,
163.35, and 163.46, contain non-substantive changes for clarification purposes.
The amendments to §§163.31, 163.33, 163.34, 163.37, 163.39 - 163.43,
and 163.47, are more substantive and are summarized by section as follows.
Section 163.31 provides for interagency relationships. Section 163.33 clarifies
training hour documentation procedures and sets forth circumstances in which
CSOs must re-certify. Section 163.34 clarifies definitions of lethal and non-lethal
weapons; sets policies on weapon issues and TDCJ Emergency Action Center notification.
Section 163.37 requires sex offender registration documentation be maintained
in case file. Section 163.39 expands sentencing options for judges; requires
supporting records be submitted by judicial districts interested in establishing
a CCF; clarifies Community Corrections Facility (CCF); adds public meeting
restrictions to contracted private vendors desiring TDCJ-CJAD funds to lease,
purchase or construct buildings for correctional or rehabilitation facilities;
requires CCF capacity revisions be approved through the community justice
plan amendment process; requires Contract Residential Facilities to comply
with applicable competitive bidding laws, contract terms and conditions and
requires monitoring and auditing of the facility operations; revises timeframe
on employee TB screening; requires criminal history and arrest records be
obtained prior to employment on each CCF employee, volunteer or intern to
be maintained in their personnel file; requires compliance with any state,
federal, local law or building code related to safety, sanitation, and health
and requires maintenance of such records and prompt written notification of
any non-compliance; requires compliance with applicable laws and regulations
regarding water supply; requires compliance with health regulations and codes
regarding sanitation; requires compliance regarding waste; requires compliance
with building codes regarding buildings; requires compliance standards regarding
fire evacuation plans; requires written plans for emergency evacuation; restricts
commingling of residents and jail inmates; requires a housekeeping and maintenance
plan be in effect; requires Guidelines be dated and revises the review period
on Operation Manuals; requires all CCFs have written policies, procedures,
and practices that restrict the use of physical force and requires written
UOF reports be submitted promptly; added the Grievance Procedure to be made
available to all CCF offenders; extends the requirements involving incident
notification; deletes the eligibility criteria for placement into a CCC; clarifies
capacity constraints and affect on pending placement; expanded Health Care
Section to cover emergency health care, health screening and medical examinations;
serious and infectious diseases, dental care, medications, female offenders,
mental health, suicide prevention; personnel, informed consent; research participation,
notification and health records; requires CCF director to ensure compliance
with Texas Government Code and applicable laws regarding notification to crime
victims of facility residents; and adds the term non-emergency to discharge
criteria. §163.40 clarifies who signs a diagnostic summary; added reference
to deadline in Discharge Summary; sets forth level of treatment requirements;
clarifies the admission intake process; deleted modality and of treatment
in Modified Therapeutic Community; clarifies actions of substance abuse counselors
at intake; deleted Section regarding Therapeutic Communities; adds requirements
regarding staffing for modified therapeutic community; revises offender treatment
plan requirements; added reference to outpatient treatment levels and clarifies
notification to TCOMI. Section 163.41 extends confidentiality requirements
regarding HIV and medical and psychological information. Section 163.42 clarifies
and extends definition of substantial noncompliance. Section 163.43 clarifies
financial procedures regarding requested information from CSCDs and other
potentially eligible TDCJ-CJAD funding recipients; clarifies restrictions
on CSCD generated revenue and available records; clarifies the intent of TDCJ-CJAD
funding; revises intended usage of CSCD generated revenue; clarifies agency
and duty titles and types of record files maintained; adds scheduling timeframe
for budget approvals and requires use of Financial Management Manual for TDCJ-CJAD
Funding regarding inventory. Section 163.47 adds hearing expectations regarding
contested matters; requires prepaid postage on contested matters; provides
option for further hearing before the Judicial Advisory Council and clarifies
procedure and timeframe for submission of request for JAC hearing and extends
testimony in contested matters to include affidavit.
Brad Livingston, Chief Financial Officer for TDCJ has determined that there
may be minimal fiscal implication resulting from amendments on CSCDs for the
first five year period of operations. He has further determined that there
may be minimal fiscal effect on local government for the next five year period,
and that the implementation of the amendments will have no effect on small
businesses, as they will not have to comply with the rules.
The Department of Criminal Justice has determined that the public benefit
and cost the proposals represent are an effort to improve Community Supervision
and Corrections Departments resulting in increased public safety.
Comments should be directed to Mr. Carl Reynolds, TDCJ-OGC P.O. Box 13084,
Austin, Texas 78711, or Carl.Reynolds@TDCJ.state.tx.us. Written comments from
the general public should be received within 30 days of the publication of
this proposal.
The amendments are proposed 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.
Cross-Reference to statute: Government Code §492.013 and §509.003.
§163.3.Objectives.
The objectives of the Texas Department of Criminal Justice-Community
Justice Assistance Division (TDCJ-CJAD) standards are:
(1) - (2)
(No change.)
(3)
to assist
CSCDs
[
community supervision
and corrections departments (CSCDs)
] in providing protection to the
community and rehabilitation services for the offender;
(4) - (10)
(No change.)
§163.5.Waiver to Standards.
The TDCJ-CJAD director may grant a waiver to a CSCD, or other state-aid
recipient, from a standard or standards upon receipt, examination and approval
of a request for waiver by TDCJ-CJAD. The request for waiver must include
a plan to comply with said standard or standards by a certain date, and an
explanation as to why the
CSCD
[
agency
] is not currently
in compliance with said standard or standards. When out of compliance with
any standard, the request for waiver of standards must immediately be submitted
by the
CSCD
[
agency
] director to the TDCJ-CJAD director.
If the waiver is approved by the TDCJ-CJAD director, the waiver becomes part
of the audit record for compliance with that standard.
§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).
[
community supervision officers).
] 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) - (h)
(No change.)
(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)
(No change.)
§163.31.Sanctions, Programs, and Services.
(a)
Core services. All CSCDs shall provide the following core
services:
(1)
(No change.)
(2)
Basic supervision:
(A) - (H)
(No change.)
(I)
provide access to assessment and access to treatment services
for sex offenders and violent offenders
and maintain
[
. Also,
] appropriate levels of supervision [
should be maintained
]
for both
of these
types of offenders.
(3)
(No change.)
(b)
(No change.)
(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
[
plans
] 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,
art.
[
Article
] 42.12, §16, CSR programs and referrals.
(e)
(No change.)
(f)
Methods for measuring the success of community supervision
and corrections
program
[
programs
]. 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
[
between
] the CSCD,
its supervision officers or employees
[
and any other groups or individuals
].
(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
[
To
] be eligible for employment as a
CSO
[
community supervision officer
] who supervises offenders, a person:
(1) - (2)
(No change.)
(3)
cannot be employed as a peace officer
or work as a
reserve or volunteer peace officer
; and
(4)
(No change.)
(b)
Training. CSCD directors, assistant directors,
CCF
[
residential
] directors, assistant
CCF
[
residential
] directors, CSO supervisory staff and
CSOs
[
community supervision officers
] 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:
[
number of training hours accrued, and the type of training attended,
for all employees required to have any TDCJ-CJAD training hours. A community
supervision officer failing to obtain the required 80 hours of training within
a biennium will be ineligible to serve as a community supervision officer.
]
(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
[
community supervision
officer
] 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
[
community
supervision officer
]. An officer failing to achieve certification within
one year of their employment date may not continue to be employed as a
CSO
[
community supervision officer
] beyond the specific date
by which they are to have achieved certification, unless TDCJ-CJAD has granted
an extension for completion of
course work
[
coursework
]
and examination as allowed by law. A
CSO
[
community supervision
officer
] 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
[
community supervision officer
], 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
[
community supervision officers
] 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
[
officer
] 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
[
community supervision officer
], 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
[
community
supervision officer
].
(g)
Recertification. Once an officer is certified, if the
CSO
[
officer
] 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
[
coursework
] 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
[
community supervision officers
] are required to be certified as a
CSO
[
community supervision officer
] 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.
(1) - (2)
(No change.)
(k)
(No change.)
§163.34.Carrying of Weapons.
(a)
In accordance with Texas Government Code §76.0051,
a CSO
[
A Community Supervision and Corrections Department (CSCD)
officer
] is authorized to carry a
handgun or other firearm
[
weapon
] while engaged in the actual discharge of the officer's
duties only if:
(1)
(No change.)
(2)
The
CSCD director
[
Director of the CSCD
] and the judges participating in the management of the CSCD grant the
authorization.
(b)
This section does not authorize a
CSO
[
CSCD officer
] to carry a
firearm
[
weapon
] while
off-duty. [
A CSCD officer is engaged in the actual discharge of the officer's
duties when he is acting within the course and scope of his employment and
he is actually authorized to engage in the work that is being performed. A
CSCD officer that is on "on-call" status is not considered as being engaged
in the actual discharge of the officer's duties. The CSCD, judicial district,
Agency, and State assume no liability or responsibility for such conduct that
exceeds the scope of this section.
]
(c)
The carrying of
a handgun or other firearm
[
weapons
] by
CSOs
[
CSCD officers
] 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.
[
for self-defense as defined in the Texas Penal
Code and in no way grants any additional law enforcement powers not already
authorized by law.
]
(d)
Prior to undergoing training to carry a
firearm
[
weapon
], a
CSO
[
CSCD officer
] must meet
the following qualifications.
(1)
The CSO
[
A CSCD officer
] 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
[
to be the type of CSCD officer
] for which a certificate
of firearms proficiency is
sought
[
appropriate
].
(2)
The CSO must execute an instrument wherein the CSO
acknowledges:
[
It is a violation of law for an individual to possess
any firearm or ammunition if the individual has been convicted of a misdemeanor
or felony crime of domestic violence. If a CSCD officer has been convicted
of a misdemeanor crime of domestic violence, he shall not been allowed to
carry a weapon while engaged in the actual discharge of his duties and he
shall not be allowed to participate in firearm training. It is the employee's
responsibility to inform his supervisor immediately of any conviction.
]
(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:
[
Policy and Procedures.
]
[(1)
Each CSCD shall adopt written policies
and procedures that clearly define what authority, if any, the CSCD's officers
have to carry firearms and submit those policies to CJAD for documentation
purposes and that specify:]
(1)
[
(A)
] the
firearm
training
and qualification requirements;
(2)
[
(B)
] the handling, use, and storage
of firearms;
(3)
[
(C)
] the types of firearms authorized;
and,
(4)
[
(D)
] 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)
[
(2)
] CSCDs that
elect
[
choose
] not to
authorize CSOs
[
allow CSCD officers
] 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
[
practice
].
Each new officer hired shall be notified of
these policies prior
[
this policy prior
] to an offer of employment
by the CSCD
.
(h)
[
(f)
]
Requirements of the Texas
Commission on Law Enforcement Officer Standards and Education (TCLEOSE)
[
TCLEOSE Requirements
]
(1)
CSOs
[
CSCD officers
] 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
[
CSCD officers
] seeking firearms certification.
(3)
CSCDs shall maintain records of background information
obtained on all
CSOs
[
CSCD officers
] seeking firearms
certification.
(4)
CSCDs shall maintain records of annually required requalification
on all
CSOs
[
CSCD officers
] obtaining firearms certification.
(5)
CSCDs shall notify TCLEOSE if a
CSO's
[
CSCD officer's
] authority to carry a firearm is rescinded.
(6)
CSCDs authorizing
CSOs
[
CSCD officers
]
to carry firearms shall notify TCLEOSE of the name, address, [
and
]
telephone
and fax numbers
[
number
] 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)
[
(g)
]
CSOs
Training and
Qualification requirements.
(1)
No
CSO
[
CSCD officer
] shall be granted
permission to carry a firearm in the performance of
their
[
his
] 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
[
Training
] shall
be designed to
prepare
such CSOs
[
CSCD officers
] 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.
[
and to deal with safety
issues that may arise in that context for reasons of self-defense.
]
(3)
CSO
[
A
] 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)
[
(h)
] Handling, Use, and Storage
of Firearms.
(1)
CSOs
[
CSCD officers
] authorized to
carry weapons shall provide their own weapons.
(2)
CSCDs shall appoint an individual
within their department
to be responsible for
yearly
[
monthly
] inspection
and maintenance programs for
firearms
[
weapons
] used
by
CSOs
[
CSCD officers
].
[(3)
Unless the CSCD officer is carrying a
weapon as a private citizen under the Concealed Handgun law or other applicable
law, and while off-duty, any firearm shall be stored at the CSCD officer's
home when not being carried in the actual discharge of the officer's duties.]
(k)
[
(i)
] Types of Firearms Authorized.
(1)
CSOs
[
CSCD officers
] 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"
[
2 inches to 5 inches
].
(3)
Approved cartridges shall be:
(A)
9mm Luger (9x19);
(B)
.38 Special;
(C)
.357 Magnum;
(D)
357 Sig;
(E)
.40 Smith and Wesson;
(F)
10mm Auto;
(G)
.45 Auto;
(H)
.380 Auto
(4)
Ammunition. All carried ammunition will be factory original
loads of bullet weight between
85
[
115
] and 230 grains,
per Sporting Arms Ammunition Manufacturer Institute
(SAAMI)
[
(SAMMI)
] Guidelines.
(l)
[
(j)
]
Reports to TDCJ-CJAD.
[
Reporting and Investigation of Uses of Force and Notification
of Incidents.
]
(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
[
weapon
] 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
[
the
] drawing of a
firearm
[
weapon
] 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
[
(409-294-2448)
] within
24 hours of the incident
. Incidents involving a CSOs
[
and
the
] 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
[
community
supervision officer
] for supervision.
(2)
Direct supervision--Offenders who are legally on community
supervision and who work
or
[
and/or
] reside in the jurisdiction
in which they are being supervised and receive a minimum of one face-to-face
contact with a
CSO
[
community supervision officer
] 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
[
community
supervision officer
] communicates in person with the offender.
(4)
Field visit--A
CSO
[
community supervision
officer
] 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) - (B)
(No change.)
(C)
an offender who has absconded or who has not contacted
his
CSO
[
community supervision officer
] in person within
three months;
(D) - (E)
(No change.)
(b)
(No change.)
(c)
Supervision process.
CSOs
[
Community supervision
officers
] 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
[
community
supervision officer
] 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
[
community supervision officer
] 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
[
community
supervision officer
] 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 CCF [
or a CCC
],
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
[
community supervision officer
] 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
[
community supervision officer
] 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 [
or a CCC
].
(6)
Reassessments.
CSOs
[
Community supervision
officers
] 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
[
Community supervision
officers
] 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
[
higher levels of supervision
] shall receive a higher level of
contacts than offenders at lower levels of supervision.
The nature and
extent for supervision
[
Supervision
] contacts
with offenders
shall be specified in the CSCD's written policies and procedures.
(8)
Documentation in supervision case files.
CSOs
[
Community supervision officers
] 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
[
Community supervision officers
] 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
[
community supervision officer
] 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
[
community supervision officers
]
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
[
community supervision officers
] 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)
[
TRN
] and
state identification
(SID)
[
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
[
Community
supervision officers
] 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. [
Each case record shall contain a chronological recording
of all significant actions, decisions, services rendered, assessments, pre/post-sentence
investigation reports (PSIR), and periodic evaluations.
] 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
[
All PSIRs
] prepared or approved by a
CSO
[
community supervision
officer
], and all information obtained in connection with
PSIRs,
is
[
the pre/post-sentence investigations, are
] confidential
and may be released only to those persons and under those circumstances as
authorized by
Texas Code of Criminal Procedure, art 42.12, §9
[
law
] or as directed by the
court having jurisdiction over
the defendant
[
judge
].
(c)
Pre/post-sentence investigation reports (PSIRS).
Pursuant to Texas Code of Criminal Procedure, art 42.12, §9 the
[
The
] CSCD director shall ensure
a CSO prepares, (or approves,
[
that a community supervision officer(s) will prepare, (or approve,
] if prepared by others) a [
(PSIR)
]
pre-sentence
[
presentence
] investigation report on a felony
defendant
[
offender
] 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
[
a community supervision officer(s) will
] prepare (or
review
and
approve)
, if prepared by another a post-sentence
[
a postsentence
] investigation report if the judge has requested the
preparation of such a report
in accordance with the provisions of Texas
Code of Criminal Procedure, art 42.12 §9(k). A CSO
[
. A community
supervision officer
] shall prepare (or
review and approve, if prepared
by another
[
approve
]) a PSIR on all misdemeanor
defendants
[
offenders
] 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.
[
The PSIR shall provide the court with accurate, objective, and relevant
elements in accordance with statutory requirements.
]
(d)
PSIR format. CSCD directors shall ensure that
CSOs
and any other designated individuals who prepare, complete, review or approve
[
community supervision officers (or designated others) completing
] PSIRs follow, at a minimum, an approved TDCJ-CJAD PSIR format in preparing
felony
PSIRs. CSOs
[
PSI reports. Community supervision officers
] may use a format other than the TDCJ-CJAD PSIR format as long as the
content requirements outlined in
Texas Code of Criminal Procedure, art
42.12, §9(a) and the preceding
subsection (c) of this section are
met and
are in
the format
as
[
is
] approved
both
by TDCJ-CJAD
and the court having jurisdiction of the defendant
.
(e)
Staffing for PSIRS. CSCD directors shall have the necessary
trained staff and resources to conduct
pre-sentence
[
presentence
] 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)
(No change.)
(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
[
directors
] shall forward to
the
[
a
] county that transfers
a defendant
[
an offender
]
to the TDCJ that
defendant's
[
offender's
] PSIR [
prepared according to the TDCJ-CJAD format for PSIRs
], 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,
[
, if a PSIR has been prepared. Additional
information, if
] prepared by a
CSO
[
community supervision
officer
] for a revocation
or other
hearing updating information
in the PSIRs[
, shall also be forwarded to the county for the offender's
transfer to the TDCJ
].
(h)
(No change.)
§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; [
and
]
(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
[
The CSCD/agency
] interested in establishing a
residential
Community Corrections Facility
(CCF)
[
or County Correctional
Center
] 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
[
TDCJ-CJAD residential guidelines for
feasibility studies and provide the results to TDCJ-CJAD
].
(3)
Notice of Construction or Operation of a
CCF or Other
Facilities
[
Facility
].
(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
CCF
[
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
[
community
corrections 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
[
the Community Justice Assistance Division, acquire
] real
property,
construct buildings,
or use a facility or real property
acquired or improved with state funds for a
CCF
[
community
corrections facility
] 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[
; and
]
(B)
(No change.)
(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
[
determined
] 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 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.
[
Contract Residential
Facilities (CRF). CSCD directors or designees contracting for residential
services to operate CCFs and CCCs with TDCJ-CJAD funds shall ensure that the
contract residential service provider adheres to all applicable statutes,
TDCJ-CJAD standards, policies, guidelines, and terms of the contract between
the CSCD and the said provider.
]
(7)
Mission Statement. The CSCD director
and CCF director
[
or designee
] shall
prepare and
maintain a mission
statement that
describes
[
reflects
] the general
purposes
[
purpose
] and overall goals of the
CCF's programs
[
program
].
(b)
Personnel.
(1)
Screening for Tuberculosis Infection. The CSCD director
or
CCF director
[
designee
] shall ensure that
as
soon as practicable but not later than within 7 calendar days of
[
prior to
] 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)
(No change.)
(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 employees, contract vendor staff (if applicable) and volunteers.
This requirement shall apply to both vendor contract and CSCD operated CCFs.
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
[
Building and Safety Codes
].
(1)
Compliance.
The
CSCD
director and CCF director
and personnel
[
directors or designees
] 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.
[
facility construction is in compliance
with state statutes, codes, applicable federal laws, and local building and
safety codes.
] Records of compliance inspections
,
[
or
] 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 CCF
director
[
or designee
] shall
promptly
notify
the
TDCJ-CJAD
in writing of any circumstances wherein the facility
or its operations do not
[
if the facility does 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.
[
Fire, Safety, and Health and Sanitation Codes. The CSCD directors or designees
shall ensure that the facility complies with the applicable governmental regulations
of the fire, safety, and health and sanitation authorities. Facility personnel
shall plan and execute all reasonable procedures for the prevention and prompt
control of fire so as to ensure the safety of staff, offenders, and visitors.
Documentation of fire, safety, and health and sanitation inspections shall
be provided to TDCJ-CJAD upon request. In the event that no applicable local,
city, or county codes exist, state codes shall prevail. The facility shall
also maintain compliance with minimum guidelines established by TDCJ-CJAD
for physical plants of CCFs. Fire prevention regulations and practices to
ensure the safety of staff, offenders, and visitors shall include, but are
not limited to:
]
[(A)
provision of an adequate fire protection
service;]
[(B)
a system of fire inspections and testing
of equipment at least quarterly;]
[(C)
an annual inspection by local or state
fire officials or other qualified persons(s); and]
[(D)
available fire protection equipment at
appropriate locations throughout the facility.]
(3)
Sanitation. The facility audits operations shall conform
with the applicable sanitation and health regulations and codes.
[
Contract Residential Services (CRS). CSCDs, sheriffs' departments, or other
governmental entities that contract for residential beds/services shall ensure
that CRS providers under contract through TDCJ-CJAD funds maintain compliance
with local and state safety, health, and sanitation codes, and ordinances.
]
(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 CCF director
[
directors or designees
] 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 residents/offenders be co-mingled with inmates.
(e)
Program and Service Areas.
(1)
Space and Furnishings.
CCFs
[
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
CCF director
[
or designee
] 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
[
Sanitation
]. There shall be written policy and procedures to ensure
the following
with respect to the CCF:
[
.
]
(A) -(G)
(No change.)
(f)
Supervision.
(1)
Operations Manual.
An
[
The
] operations
manual[
, which
] shall
be prepared for and used by each CCF
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
[
contain all procedures
for facility security and supervision with detailed implementation instructions,
shall be accessible to all employees and volunteers
]. The operations
manual shall include, at a minimum, the
matters set forth
[
guidelines as noted
] 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 [
and upon request thereafter
]. Offenders cannot
be accepted into the facility until approval is granted by the TDCJ-CJAD.
The CSCD director
and CCF director
[
or designee
] 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
[
annually and updated as necessary
].
(2)
Staffing Availability. The CSCD director
and CCF director
[
or designee
] shall ensure that the
CCF
[
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 CCF director
[
or designee
] shall ensure that
CCF
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 CCF director
[
or designee
] shall ensure that
a CCF has written policies,
procedures, and practices that restrict the use of physical force
[
policy defines the use of force
] to instances of self-protection, protection
of offenders or others
or
[
,
] prevention of property
damage [
and only as a last resort in accordance with statutory authority
]. 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
[
and
] shall be
promptly
submitted to the CSCD director
and CCF director
[
or designee
] for review and follow-up.
The application of restraining
devices, aerosol sprays, chemical agents,
etc.
[
devices/chemical agents
] shall be accomplished in an
emergency by any individual in
self-protection, protection of others
or other circumstances as described previously
[
self-defense or
in the defense of another
].
(5)
Use of Firearms. The CSCD director
and CCF director
[
or designee
] 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
[
court orders
by law enforcement personnel
].
(6)
Access to Facility. The facility shall be secured [
to provide that offenders remain within the facility and
] to prevent
unrestricted
access
thereto
by the general public
or
others
without proper authorization.
(7)
(No change.)
(8)
Levels of Security. The CSCD director
and CCF 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
CCF
[
facility
] director or designee
approves the exterior movement;
(B) - (C)
(No change.)
[(D)
a staff member makes random announced
and/or unannounced personal or telephone contact(s) with the offender during
the exterior movement;]
(D)
[
(E)
] 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; [
and
]
(iv)
the
CCF
[
facility
] director or designee
approves the itinerary and establishes the conditions of the exterior movement
involving programmatic incentives
; and
[
.
]
(v)
a staff member makes random contacts with
the offender during the exterior movement.
(9)
Emergency furloughs. The
CCF
[
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
CCF
[
facility
] director [
or designee
] verifies through an independent source including, but not
limited to a physician, Red Cross representative, minister
, rabbi,
or a priest, 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
CCF
[
facility
] director [
or designee
] approves the itinerary and establishes the conditions of
the emergency furlough; and
(G)
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)
Safety and Emergency Procedures. A comprehensive
written plan shall be formulated and implemented to ensure that offenders,
as well as employees, shall remain protected in the event of emergencies,
including mental/emotional aberrations, physical acting out, medical situations,
riots, escapes, fires, and both natural and civil disasters.]
[(1)
Evacuation Plans. A written emergency evacuation plan
shall be posted. The plan shall be reviewed annually and updated as necessary.]
[(2)
Evacuation Drills. The facility shall conduct, at a minimum,
quarterly emergency evacuation drills, at different hours, under varied conditions.]
(g)
[
(h)
] Client Abuse, Neglect, and
Exploitation. The facility must protect
the offender residents
[
clients
] from abuse, neglect and exploitation.
(h)
[
(i)
] 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.
[
Incident Notification.
The TDCJ-CJAD director shall be notified in writing, within 24 hours, when
the following incidents occur at the facility: offender or staff member's
death while at the facility; any incident which results in serious bodily
injury to a resident or staff member while at the facility or on assignment
away from the facility; and, riot/major facility disturbance.
]
(i)
Incident Notification. Within 24 hours
of occurrence, the CSCD director and CCF director shall notify and report
by telephone or fax all serious or unusual events pertaining to the CCF's
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.
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
and
(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
[
The offender
] 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[
, sheriff's department,
] 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)
(No change.)
(2)
Offenders are eligible for placement into a
CCF
[
Community Corrections Facility (CCF)
]:
(A) - (C)
(No change.)
(3)
(No change.)
[(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.]
(4)
[
(5)
] Offenders are eligible for
placement into a Boot Camp:
(A)
if prior to placement, or within seven 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 seven 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
[
community corrections facility 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[
/agency director
] or
CCF director
[
designee
] 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 facility has reached capacity at the time of the eligible
offender's placement to that facility, such offender
[
. If placement
occurs as a condition of community supervision, an eligible offender for residential
placement
] may be placed on a waiting list
for that facility and
[
or
] returned to the court
of original jurisdiction
for further instructions or an alternative sanction
[
for an alternative
sanction if the facility has reached capacity
].
(n)
Food Service. The food preparation and dining area must
provide space for meal service based on the population size and need.
(1) - (2)
(No change.)
(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
[
be certified as required
] by the local health
authorities
[
authority
].
(4)
(No change.)
(5)
Meal Requirements. CSCD directors or
CCF director
[
designees
] 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. [
Each facility shall maintain written
policy and procedure 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 rest with a single designated responsible physician licensed in
the state. Arrangements shall be made with health care providers in advance
of need.
]
(1)
Access To Care.
[
Public and Private Agencies.
The facility shall have a written policy providing residents access to routine
medical services, and/or emergency medical services as necessary with a licensed
general hospital, clinic or physician.
]
(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.
[
Twenty-four Hour
Emergency Care. The CSCD director or designee shall have a written policy
providing access to 24 hour emergency medical, psychiatric and dental care,
which includes contingency plans and alternate hospitals or a physician "on
call" service.
]
(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 CCF
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:
[
Health
Screening. Prior to residential placement or within seven days of admission
of offenders into residential facilities, a health screening or physical exam
shall be conducted to identify any physical/mental ailments or contagious/communicable
diseases that would affect placement and/or endanger other residents or staff.
]
(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 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
[
Notification
].
The CSCD director
and CCF director
[
or designee
] 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.
[
is a system for providing
notification to the victim(s) of offenders convicted of family domestic violence
crimes prior to the imminent release of the offender or subsequent to the
offender's escape from custody. Follow-up notification to victim(s) shall
occur whenever an escapee is returned to the facility.
]
(2)
Discharge. Discharge from residential facilities shall
be based on the following criteria:
(A) - (D)
(No change.)
(E)
the offender manifests a
non-emergency
medical
problem that prohibits participation and/or completion of the residential
program requirements;
(F) - (G)
(No change.)
(3)
Discharge Report. The CSCD director
and CCF director
[
or designee
] 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)
(No change.)
(r)
Mail, Telephone, and Visitation. The CSCD director
and CCF director
[
or designee
] 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 CCF director
[
or
designee
] shall have written policies that govern religious programs
for offenders. The policies shall
provide that offenders have the opportunity
[
address the provision of opportunities for offenders
] to
voluntarily practice the requirements of their
religious
[
respective
] faith
, have access to worship/religious services, and
the use or contact with
[
and the use of
] community
religious
resources, when appropriate.
(2)
Under Texas Civil Practice & Remedies Code, chapter
110, a
[
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,
[
In court,
] there is a presumption that
a policy or practice that applies to an offender in the custody of a
CCF
[
CSCD residential facility
] 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)
(No change.)
(2)
Chemical Dependency Counselor--A qualified
,
credentialed counselor or counselor intern working under direct supervision.
(3) - (4)
(No change.)
(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) - (19)
(No change.)
(b) - (c)
(No change.)
(d)
Admissions. There shall be documentation of specific admission
criteria and procedures. Offenders are eligible for substance abuse treatment
programs:
(1) - (2)
(No change.)
(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
[
reason(s)
] the offender does not meet admission criteria
shall be required.
(e)
(No change.)
(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) - (3)
(No change.)
(4)
specified time-frames for initial and ongoing assessments;
and
(5)
(No change.)
(g)
Assessments. The assessment shall include:
(1)
a summary of the
offender's
[
offenders
] 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)
(No change.)
(3)
vocational and employment status, including skills or trades
learned, work record
,
and current vocational plans;
(4) - (5)
(No change.)
(6)
a diagnostic summary signed and dated [
by the chemical
dependency counselor, followed
] by a [
Licensed Chemical Dependency
Counselor (LCDC) or
] Qualified Credentialed Counselor (QCC).
(h)
(No change.)
(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)
(No change.)
(k)
Offender Records. There shall be written policies and procedures
regarding the content of offender records. Case records shall include[
, at a minimum,
] the following information
at a minimum
:
(1) - (9)
(No change.)
(10)
court order
placing the
[
placement of
] offender into the program[
, if applicable
].
(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 and Safety Code [
§611.0045
]. 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)
(No change.)
(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
[
per
]
week.
(o) - (p)
(No change.)
(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)
(No change.)
(2)
the problems or needs
and
[
,
] strengths
or weaknesses identified on the master treatment plan;
(3) - (6)
(No change.)
(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
[
. This
] 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)
(No change.)
(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) -(C)
(No change.)
(10)
The program shall make testing
and
[
, as
well as
] 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) - (C)
(No change.)
(11)
(No change.)
(s)
Levels of treatment. All CCFs providing
substance abuse treatment shall designate in the current facility's CJP program
proposal levels of treatment to be provided as described in subsections (t)
- (x) of this section. 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)
[
(s)
] 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 paragraph (2)(A) of
this subsection.
(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)
[
(t)
] 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 (10)
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
sources.
(4)
For programs 45 days or less counselors
[
Counselors
] shall complete a comprehensive offender assessment
and individual treatment plan
within
five (5)
[
three
] working days of admission.
All other programs shall complete
a comprehensive offender assessment and individual treatment plan within ten
(10) working days.
[(5)
An individualized treatment plan shall
be completed for all offenders within five working days of admission.]
(5)
[
(6)
] The facility shall deliver
not less than 20 hours of structured activities per week for each offender,
including:
(A)
ten (10) 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)
[
(7)
] Counseling and education schedules
shall be submitted to the funding entity for approval.
(7)
[
(8)
] Each offender shall have an
opportunity to participate in physical recreation at least weekly.
(8)
[
(9)
] Program staff shall offer chemical
dependency education or services to identified significant others.
(9)
[
(10)
] The program shall provide
each offender with opportunities to apply knowledge and practice skills in
a structured, supportive environment.
[(11)
If the program utilizes a Modified Therapeutic
Community modality of treatment it shall include the following as minimal
components:]
[(A)
a Structure Board;]
[(B)
encounter, counseling and family groups;]
[(C)
utilization of a three phase process. (Offenders shall
transition from Phase 1, to Phase 2, to Phase 3, by meeting objectives and
program goals);]
[(D)
graduated treatment sanctions for incidents of non-compliance
in coordination with the Transitional Treatment Team; and]
[(E)
other peer-support groups.]
(v)
[
(u)
] Primary Care[
/Modified
Therapeutic Community
] Treatment. Written policies and procedures shall
ensure the following
:
[
.
]
(1)
All offenders admitted to
primary care
[
modified therapeutic community
] 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
sixteen (16)
[
20
] 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)
Counselors shall complete a comprehensive offender assessment
within
ten (10)
[
five (5)
] 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 (10) working days of admission
[
therapeutic community program
].
[(5)
An individualized treatment plan shall
be completed for all offenders within seven working days of admission.]
(5)
[
(6)
] 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)
[
(7)
] The facility shall deliver
no
[
not
] less than twenty (20) hours of structured activities
per week for each offender, including:
(A)
ten (10) 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)
[
(8)
] Counseling and education schedules
shall be submitted to the funding entity for approval.
(8)
[
(9)
] Each offender shall have an
opportunity to participate in physical recreation at least four hours per
week.
(9)
[
(10)
] Program staff shall offer
chemical dependency education or services to identified significant others.
(10)
[
(11)
] The program shall provide
each offender with opportunities to apply knowledge and proactive skills in
a structured, supportive environment.
[(12)
All Therapeutic Communities shall have
the following as minimal components:]
[(A)
a Structure Board;]
[(B)
encounter, counseling, and family groups;]
[(C)
Utilization of a three phase process. (Offenders shall
transition from Phase 1, to Phase 2, to Phase 3, by meeting objectives and
program goals); ]
[(D)
graduated treatment sanctions for incidents of non-compliance
in coordination with the Transitional Treatment Team; and]
[(E)
other peer-support groups.]
(w)
[
(v)
] Community Residential Treatment.
Written policies and procedures shall ensure the following
:
[
.
]
(1)
All offenders admitted to
community
[
intensive
] 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 twenty (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 (10)
[
five
] working days of admission for all offenders.
(5)
The facility shall deliver no less than ten (10) 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.
[(8)
If the program utilizes a Modified Therapeutic
Community modality of treatment, it shall include the following components:]
[(A)
a Structure Board;]
[(B)
encounter, counseling and family groups;]
[(C)
utilization of a three phase process. (Offenders shall
transition from Phase 1, to Phase 2, to Phase 3, by meeting objectives and
program goals);]
[(D)
graduated treatment sanctions for incidents of non-compliance
in coordination with the Transitional Treatment Team;]
[(E)
other peer-support groups;]
[(F)
counselor caseloads not to exceed 20 offenders per counselor;
and]
[(G)
programming of no less than four hours of chemical dependency
counseling and four hours of structured activities per week.]
(x)
[
(w)
] 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 (10) calendar
days of admission for all offenders.
(8)
Intensive outpatient programs shall deliver no less than
ten (10) hours of structured activities per week for each offender, including
at least five (5) 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)
[
(x)
] 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
[
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 (10) 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
[
and
] 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 (10) days of appropriate medication
for use after discharge.
(z)
[
(y)
] 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
[
a
] 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
[
Engineer
], 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
[
facility(ies)
]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
[
, each of which are
] 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
[
inspector/marshal
] 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 [
applicable local ordinances
or state laws as certified by
] 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)
[
(z)
] 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-AIDS in accordance with guidelines established by
the Texas Department of Health and adopted by the TDCJ-CJAD. These policies
will
[
, to
] be incorporated in the CSCD's administrative manuals
and
[
,
] shall include, but not be limited to, the following:
(1) - (4)
(No change.)
(b)
(No change.)
(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
in 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
. [
A department may be required
to take additional measures to restrict access to information concerning the
offender's HIV-AIDS status, depending on the extent to which an offender limits
the access to specific personnel.
]
§163.42.Substantial Noncompliance.
(a)
Definition. Substantial noncompliance with TDCJ-CJAD standards,
for purposes of [
§509.012,
]
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; [
or
]
(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[
, Local Government Code,
] 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)
(No change.)
§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) - (D)
(No change.)
(E)
having appointed by the district judge(s) managing
the CSCD as set forth in subsection (b) of this section;
[
the district
judge(s) designating
] a fiscal officer
and
[
to account
for, disburse, and report on all CSCD funds;
]
(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
[
§140.004,
] Local
Government Code
§140.004
.
(2)
Other entities qualifying
[
Qualifying
]
for TDCJ-CJAD grant funding.
In addition to CSCDs, counties,
[
Counties
] municipalities, and nonprofit organizations [
whose judicial
districts' CSCDs substantially comply with TDCJ-CJAD standards
] qualify
for TDCJ-CJAD grant funding by:
(A)
being in substantial compliance with TDCJ-CJAD
grant
conditions;
[
standards
]
[(B)
having a community justice council that
serves the jurisdiction as required by law;]
(B)
[
(C)
] having [
a TDCJ-CJAD approved
community justice plan with related
] budgets
related to the program
proposal;
[
and the grant proposal contained within the community
justice plan
] and
(C)
[
(D)
] 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
[
CSCDs
] in accordance
with
the applicable
statutory requirements and
items
[
requirements as
] 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
[
to
] be approved by the TDCJ-CJAD
Director
[
director
] to receive such funds. Grant funding
will be made available in accordance with statutory requirements and
items
[
requirements
] 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
[
The director
of a CSCD or other eligible TDCJ-CJAD 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
[
CSCD or other eligible
] recipient is entitled. A
funding
[
CSCD or other
] 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
[
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
[
solely for
the provision of services, programs, and facilities
]. 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 [
collected
by the court
] and payments by
offenders
[
program participants
] 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. [
No
]
CSCD generated revenue shall be used [
to
]:
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.
[(A)
provide physical facilities, utilities,
and equipment for CSCDs unless approved by the district judge(s) in accordance
with Government Code §76.009 and §76.010, and/or as provided for
in the Financial Management Manual for TDCJ-CJAD Funding; or]
[(B)
support religious-oriented activities
or services whose principle or primary effect is to advance a sectarian or
doctrinal belief or practice. No offender can be required to participate in
a religious-oriented activity or service arranged through the CSCD unless
the offender signs a waiver to this effect.]
(5)
Available records. The
funding recipient
[
CSCD
] and/or the [
designated chief
] fiscal officer accounting
for, disbursing, and reporting on the TDCJ-CJAD funding shall make financial
, transaction, contract, computer and other
records available to [
the
] TDCJ-CJAD.
Funding
[
CSCDs and/or other 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
[
TDCJ-CJAD 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
[
All TDCJ-CJAD 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) - (9)
(No change.)
(c)
(No change.)
(d)
Facilities, utilities, and equipment.
(1)
CSCDs.
In accordance with Texas Government Code §76.008,
the
[
The
] county or counties served by a CSCD shall provide,
at a minimum, the following facilities,
equipment and
utilities
for the department
[
, and equipment for a CSCD
].
(A)
Minimum facilities for CSCDs. Each
CSO
[
community supervision officer
] 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)
(No change.)
(C)
Minimum equipment for CSCDs. Each
CSO
[
community supervision officer
] 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)- (E)
(No change.)
(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:
[
TDCJ-CJAD funding.
]
(A)
All equipment, furniture, and vehicles purchased with
program funds
[
TDCJ-CJAD funding
] 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
[
TDCJ-CJAD funding
] 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.
[
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
[
community supervision and corrections department (CSCD)
] as a
result of the Community Corrections Program allocation formula.
(b)
(No change.)
§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
[
a supervision officer's certification
] or to reprimand
such
[
a supervision officer, the
] 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 paragraph (h) below.
(2)
(No change.)
(b)
Notice of proposed action.
(1)
The division shall issue a written notice that:
(A)
defines
specifically
[
with specificity
] the alleged conduct that constitutes substantial noncompliance with
division standards or requirements;
(B) - (E)
(No change.)
(2)
The notice must be signed by the
TDCJ-CJAD director
[
division director
] and sent by registered or certified
mail, return receipt requested
and postage prepaid
. If the proposed
action is against a
CSO
[
supervision officer
], 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
[
supervision officer
] 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) [
to the division
].
(1)
Within 15
working
days (for purposes of this
section, the term days refers to
business days other than weekends or
holidays
[
working days
]) of the receipt of the written notice
of the
results of the hearing before the Division or Hearings Examiner
[
proposed adverse action
], the
respondent CSO
[
affected officer
] 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
[
officer
] 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 sixty 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
[
officer
] or department informing
the party of:
(A) - (C)
(No change.)
(d)
The division and the affected party shall each be given
30 minutes to present their respective sides. Testimony may be given orally
under oath
or
through
[
as
] 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
[
proposal of the division
] be withdrawn,
modified, or affirmed. Within 10 days of the recommended vote of the JAC,
the
TDCJ-CJAD director
[
division 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)
(No change.)
(g)
Request for hearing before the Texas Board of Criminal
Justice. Except as provided in paragraph (2) of this subsection and subsection
(f) of this section a department or supervision officer may contest a final
proposed action of the division director before the Texas Board of Criminal
Justice.
(1) - (2)
(No change.)
(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 subsection
(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
[
division's
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
]
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) -(6)
(No change.)
(h)
Administrative hearing procedures.
(1) - (3)
(No change.)
(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) - (D)
(No change.)
(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)
(No change.)
(ii)
an amount is deposited that will reasonably ensure payment
of the amounts estimated to accrue under
Texas
Government Code, §
2001.103.
(F) - (I)
(No change.)
(6) - (8)
(No change.)
(i) - (k)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 25, 2002.
TRD-200201154
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 463-0422