Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 152.
INSTITUTIONAL DIVISION
Subchapter B. MAXIMUM SYSTEM CAPACITY OF THE INSTITUTIONAL DIVISION
37 TAC §152.12
The Texas Board of Criminal Justice adopts amended rule §152.12,
Methodology for Changing Maximum Unit and System Population, without change
to the text as proposed in the March 28, 2003 issue of the
Texas Register
(28 TexReg 2707). The purpose of the amendment is to
memorialize proposed additions to capacity at the below-listed TDCJ units,
in accordance with the "H.B. 124" process embodied in Texas Government Code §§499.102
et seq., originally enacted at Acts 1991, 72nd Leg., ch. 655: Garza East,
Garza West, & Middleton (additional 128 beds each); and Wheeler, Ney,
Havins, and Henley (additional 72 beds each). The total is 672 beds, with
384 in the Institutional Division and 288 in the State Jail Division.
No public comments were received. In accordance with Government Code §499.013,
notices to inmates at the affected units were posted, and three letters were
received from inmates at the Garza East Unit. The comments are summarized
as follows: (1) the notice states that only two bunks are to added to each
of 32 dorms and yet four have been added; (2) concern over visibility of certain
bunks given the placement of the new bunks; (3) concern that provision of
meals, clean clothing, and footwear will be compromised; (4) concern that
plumbing repairs already take "forever" to get done; (5) concern that square
footage standards will be compromised; and (6) concern that inmates will need
more places to sit for writing, eating, talking and playing games. The rule
was not amended, but responses were sent to the inmates, summarized as follows:
(1) each "bunk" being added means "bunk bed," so there are two beds for each
bunk; (2) decisions regarding the location of the two additional bunks in
the various dormitories will be jointly considered by design and security
staff, with safety/security as primary concerns; (3) operation support issues
(food, clothing, footwear) will be reviewed with unit staff, but these items
are provided to a unit based on the inmate headcount so there should be no
diminution based on the new capacity; (4) maintenance data shows numerous
plumbing work orders in the dormitory in question, many of which were due
to abuse of the fixtures, but as of the end of March, 2003, there were no
open plumbing work orders in the dormitory; (5) the additional capacity will
not negatively impact square footage standards; and (6) the additional capacity
will not negatively impact standards as to the placement of furnishings.
This proposal has been forwarded to the governor and the attorney general
in accordance with Government Code §499.106 and §499.107, and has
been accepted and approved, respectively, by those offices. The proposal has
also been forwarded to the Legislative Budget Board in accordance with Government
Code §499.102, which identified construction and start-up capital costs
in FY 2003 as $223,770, and operating costs for each fiscal year from 2004
through 2007 as $2,404,266 per fiscal year.
The amended rule is adopted under Texas Government Code, §492.010
and §499.102 et seq.
Cross Reference to Statutes: Texas Government Code §499.102 et seq.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303202
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 12, 2003
Proposal publication date: March 28, 2003
For further information, please call: (512) 463-0422
Subchapter C. PHYSICAL PLANT STANDARDS
37 TAC §157.87
The Texas Board of Criminal Justice adopts amended rule §157.87,
Offender Housing, with changes to the text as proposed in the March 28, 2003
issue of the
Texas Register
(28 TexReg 2707).
The purpose of the amendments is to increase the permissible dormitory capacity
in state jails from 54 to 64 offenders, decrease the shower-to-offender ratio
from 1:12 to 1:15, make conforming amendments to requirements for multi-occupancy
cells and special management cells, and make minor grammatical changes.
One comment was received.
Comment: With the additional beds, will there be a compliance problem with
the standards for multi-occupancy and special management cells?
Response: The board agrees that this would have been a problem and proposes
revisions to subsections (2) and (3) accordingly.
The new rule is adopted under Texas Government Code, §492.010
and Chapter 507.
Cross Reference to Statutes: Texas Government Code Chapter 507.
§157.87.Offender Housing.
Offender housing areas are the basis for institutional living and as
such must promote the safety and well-being of staff and offenders. All offender
areas shall provide unobstructed view of all offenders by security staff from
outside the secure areas.
(1)
Dormitories. Dormitories shall accommodate nine to 64 general
population offenders and shall contain not less than 40 square feet of clear
floor space for one offender, plus 18 square feet of clear floor space per
each additional offender. Dormitories shall have a bunk for each offender.
Double bunks are acceptable. A lavatory capable of providing drinking water
and a toilet for each group of eight offenders or increment thereof shall
be provided in each dormitory.
(2)
Multi-occupancy cells. Multi-occupancy cells shall accommodate
one to eight offenders and shall contain not less than 40 square feet of clear
floor space for one offender plus 18 square feet of clear floor space per
each additional offender. Each multiple-occupancy cell shall have a bunk for
each offender, one lavatory capable of providing drinking water and one toilet.
Double bunks are acceptable. The sum of the capacities of multiple-occupancy
cells and the capacities of special management cells shall be at least 10%
of the state jail population served by the facility.
(3)
Special management cells. Special management cells shall
approximate the living conditions provided to general population offenders
and shall house no more than two offenders. Special management cells shall
contain not less than 40 square feet of clear floor space for one offender
plus 18 square feet of clear floor space for the second offender and shall
permit the assigned offender to speak with and be observed by staff. They
shall have a bunk, toilet, lavatory capable of providing drinking water, desk,
and seating. The capacity of special management cells shall be at least 2.5%
of the state jail population served by the facility.
(4)
Medical isolation cells. Medical isolation cells shall
be accessible for wheelchair-bound offenders and shall contain a hospital-type
bed, shower, lavatory capable of providing drinking water and a toilet. A
vestibule shall separate the medical isolation cell(s) from adjacent spaces.
Mechanical systems for medical isolation cells shall insure that airborne
pathogens are not released into the outside air or into building spaces. The
travel path from the medical isolation room to the ambulance evacuation area
shall be sized for a gurney. Each facility of less than 1,000 offenders shall
contain at least one medical isolation cell and facilities with more than
1,000 offenders shall contain at least two medical isolation cells. The number
of medical isolation cells do not count towards the facility's rated capacity.
(5)
Bunks. Bunks shall be fire-resistant and not less than
2 feet 3 inches wide and 6 feet 3 inches long. Bunks shall be securely anchored
and should have closeable storage at least 12 inches by 24 inches by 24 inches
in size for each offender.
(6)
Water closets and lavatories. Water closets and lavatories
shall be constructed in such manner and of such material so as to resist vandalism.
A combination toilet and lavatory constructed of vandal-resistant material
is recommended.
(7)
Additional furnishings. For special management cells, multiple-occupancy
cells and dormitories may include desks and seats (mandatory for single cells),
lockers, mirrors, detention-type electric light fixtures, detention-type heating
and ventilation grilles and showers. Where light fixtures or other appurtenances
are recessed in or otherwise made an integral part of walls or ceilings, provisions
should be made to prevent destruction or removal.
(8)
Dayrooms. Dayrooms shall be provided in close proximity
to all offender sleeping areas except for medical isolation cells. Medical
isolation cells do not get dayrooms. Space shall be provided for varied offender
activities. Different classifications of offenders may only be mixed in accordance
with the State Jail Classification Plan.
(9)
Space requirements. Dayrooms for dormitories shall accommodate
not more than 64 offenders. Dayrooms shall contain at least 40 square feet
of clear floor space for one offender plus 18 square feet of clear floor space
for each additional offender. Dormitory dayrooms may be contiguous with offender
sleeping areas.
(10)
Space requirements. Dayrooms for multiple-occupancy cells
shall accommodate not more than 24 offenders. Dayrooms shall contain at least
40 square feet of clear floor space for one offender, plus 18 square feet
of clear floor space for each additional offender. Multi-occupancy cell dayrooms
shall be separated from multi-occupancy cells with controlled access from
one to the other.
(11)
Furnishings. Dayrooms for dormitories and multiple-occupancy
cells shall be equipped with a lavatory capable of providing drinking water
and a toilet for each group of eight offenders or increment thereof. A mirror
shall be provided at each lavatory. A shower shall be provided for each group
of 15 offenders or increment thereof. Each dayroom shall be suitably furnished
with, but not limited to, seating and tables to accommodate the number of
offenders confined therein, and may provide dining facilities and other activities.
A utility sink shall be provided. Multiple-occupancy cell dayrooms shall be
separated from multiple-occupancy cells with controlled access from one to
the other.
(12)
Space requirements. Dayrooms for special management cells
shall contain at least 100 square feet of clear floor space for the first
offender and 18 square feet of clear floor space for each additional offender.
The number of special management dayrooms shall be at least 8.0% of the number
of special management cells.
(13)
Furnishings. Dayrooms for special management cells shall
contain a toilet, a lavatory capable of providing drinking water, a table
with seating for four offenders. They should also contain, at a minimum, an
exercise mat, a television, and a chinning bar.
(14)
Holding rooms. Holding rooms shall accommodate no more
than 12 offenders each and shall contain 40 square feet of clear floor space
for the first offender and 18 square feet of clear floor space per each additional
offender. Furnishings shall include benches against the walls of the rooms
to afford the best possible visibility of offenders by security staff. Each
holding room for two or more offenders shall provide a floor drain and cleanable
floor surface. Offender reception areas shall contain at least two single
occupancy holding rooms containing at least 40 square feet of clear floor
space. Each holding cell shall contain one toilet and lavatory capable of
dispensing drinking water.
(15)
Tables and benches. Tables and benches should be constructed
of materials which will reduce maintenance. They shall be fire-resistant and
securely anchored to floor or wall surfaces. Benches shall be not less than
12 inches wide, and linear seating dimensions shall be not less than 18 inches
per person to be seated at any one time. Stools shall not be less than 12
inches in diameter.
(16)
Toilets. Should be constructed in such manner and of such
material so as to resist vandalism. A combination toilet and lavatory constructed
of vandal-resistant material is recommended. Offenders should have access
to toilets and hand-washing facilities 24 hours per day and are able to use
toilets without staff assistance when they are confined in their sleeping
areas. Dormitory and multiple-occupancy cell toilets are provided at the rate
of one for every group of eight offenders or increment thereof. Urinals may
be substituted for up to one-half of the toilets in male facilities.
(17)
Lavatories. Lavatories shall be constructed in such manner
and of such material so as to resist vandalism. A combination toilet and lavatory
constructed of vandal-resistant material is recommended. Offenders have access
to operable wash basins with temperature controlled hot and cold running water
in the housing units at a minimum ratio of one lavatory for every eight offenders.
(18)
Showers. Shower areas shall be not less than 2 feet 6
inches square per showerhead and not less than 7 feet high. Construction should
be of materials which resist the action of soap and water and which cannot
be easily damaged by acts of vandalism. Drying areas of not less than 2 feet
6 inches square sloped to a drain should be provided adjoining the shower
entrance. Offenders have access to operable showers with temperature controlled
hot and cold running water at a minimum ratio of one shower to every 15 offenders.
Water is thermostatically controlled to temperatures ranging from 100 to 108
degrees Fahrenheit to ensure the safety of offenders.
(19)
Accommodations for the disabled. All facilities shall
comply with the Americans with Disabilities Act (42 United States Code, Section
12101 and 28 Code of Federal Regulations Parts 35 and 36) and the Elimination
of Architectural Barriers Act (Texas Civil Statutes, Article 9102).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303203
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 12, 2003
Proposal publication date: March 28, 2003
For further information, please call: (512) 463-0422
Chapter 157.
STATE JAIL FELONY FACILITIES
Chapter 160.
RECEIPT AND DISBURSEMENT OF WORK PROGRAM RESIDENTS' EARNED FUNDS