37 TAC §151.51
The Texas Board of Criminal Justice proposes amendments to §151.51,
concerning Custodial Officer Certification and Hazardous Duty Pay Eligibility
Guidelines. The purpose of the amendments is to clarify hazardous duty guidelines
and delete obsolete procedures and language.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government.
Mr. Livingston has also determined that there will be no economic impact
on persons required to comply with the rule. There will be no effect on small
and micro-businesses. The anticipated public benefit as a result of enforcing
the rule will be to enhance public safety.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, 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, §508.001;
Chapter 659, Subchapter L; §§811.001, 813.201, 813.506, and 815.505;
and the General Appropriations Act.
Cross Reference to Statutes: Texas Government Code, §508.001; Chapter
659, Subchapter L, §§811.001, 813.201, 813.506, and 815.505; General
Appropriations Act.
§151.51.Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines.
(a)
Purpose. The purpose of this rule is to establish eligibility
criteria for authorizing custodial officer certification and hazardous duty
pay to employees of the Texas Department of Criminal Justice (hereinafter,
Agency), under the authority of the Texas Government Code, §508.001,
Chapter 659, Subchapter D, §§659.062, 811.001, 813.506, and 815.505;
and the General Appropriations Act. In accordance with these provisions and
in keeping with the responsibilities of the Board, this rule relating to custodial
officer certification and hazardous duty pay applies effective
August
13, 2004
[
September 1, 1999
].
(b)
Definitions. The following words and terms, when used in
this rule, shall have the following meanings unless the context clearly indicates
otherwise
:
[
.
]
[
(1)
Custodial Officer--A member
of the Employees Retirement System (ERS) who is: ]
[
(A)
employed by the Parole Division and whose majority
of assigned duties include assessment of risks and needs, investigation, case
management, and supervision of releasees to ensure that releasees are complying
with the conditions of parole or mandatory supervision; or who directly supervises
or is in a direct line of supervision over these employees; or ]
[
(B)
employed by the Institutional Division or the
State Jail Division of the Agency and certified by the Agency as having a
normal job assignment that requires regularly planned inmate/defendant contact.
]
(1)
[
(2)
] Custodial Officer Certification--Service
certification to the
Employees Retirement System of Texas (
ERS
)
for those employees whom the Agency has determined are eligible for
[
service credit as a
] custodial officer
service credit
,
which provides an additional [
one-half (0.5) percent
] retirement
incentive when such employees have 20 or more years
of such
service
credit [
as a custodial officer
].
(2)
[
(3)
]
Custodial Officer Service
Credit--Credit in the ERS for service performed by an employee who is in a
position that has been classified as a Hazardous Duty Code 1, 2, 3, 4, 5,
6, 7 or 9 position in accordance with the provisions of this Board Rule.
[
Inmate/Defendant--An inmate of the Institutional Division or an inmate or
defendant confined in the State Jail Division.
]
(3)
[
(4)
]
Direct Offender
[
Inmate/Defendant
] Contact--
Contact
[
When an employee's
job assignment requires regularly planned contact
] with, and in the
close proximity to,
offenders
[
inmates/defendants
] without
the protection of bars, doors, security screens, or similar devices
while performing job duties
. Such
contact
[
assignments
] normally
involves
[
involve
] supervision or the
potential for supervision of
offenders
[
inmates
] in
offender
[
inmate
] housing areas, educational or recreational
facilities, industrial shops, kitchens, laundries, medical areas, agricultural
shops or fields, or in any other areas on or away from Agency property.
(4)
Offender--For the purpose of
custodial officer certification and hazardous duty pay, an inmate confined
in the TDCJ institutions or an inmate or defendant confined in the TDCJ state
jails.
(5)
Releasee--A person released on parole or to mandatory supervision.
(6)
Routine Direct Offender Contact--Direct
offender contact that is regularly planned or scheduled while conducting Agency
business. Routine direct offender contact does not include travel time, unless
the employee is responsible for the transportation and custody of offenders,
and does not include casual contact.
(c)
Procedures.
[
(1)
An employee who was receiving
custodial officer certification and hazardous duty pay on August 31, 1985,
shall continue to receive custodial officer certification and be paid hazardous
duty pay, provided he or she remains in the same position held on August 31,
1985. A change in position, whether by promotion or otherwise, except by reclassification
or title change required by the Legislature or State Classification Officer,
to a position that does not qualify for custodial officer certification and
hazardous duty pay provisions in accordance with this rule shall cause the
employee to become ineligible for such certification and pay.]
(1)
[
(2)
] Custodial Officer Certification.
Employees in the following positions
[
In addition to those employees
described in paragraph (1) of this subsection, the following employees
]
are eligible for custodial officer certification:
(A)
Hazardous Duty Code 1 Positions. These positions are
[
all persons
] classified as Correctional Officer I through
Warden
II
[
, including Training Officers and Special Operations
Reaction Team Officers
];
(B)
Hazardous Duty Code 2 Positions. These positions are
all positions assigned to
[
all other employees assigned to work
on
] a
unit, other than Hazardous Duty Code 1 positions, that have
[
unit/facility and whose
] job
duties requiring
[
requires
] routine
direct offender
[
inmate/defendant
] contact. Examples include, but are not limited to, the following:
Agriculture Specialist, Maintenance Supervisors,
[
Farm Managers,
Livestock Supervisors, Maintenance Foremen, Shop Foremen, Medical Assistants,
] Food Service
Managers, Laundry Managers, Commissary Managers,
[
Supervisors, Stewards, Education Consultants, Commodity Specialists,
] and
Classification Case Managers;
[
Correctional Counselors;
]
(C)
Hazardous Duty Code 3 Positions. These positions are
assigned to
[
employees assigned to positions in
] administrative
offices
and have
[
whose
] job
duties requiring
[
requires
] routine
direct offender
[
inmate/defendant
] contact at least 50 percent of the time. [
Supervisors of such
positions must provide documentation explaining how inmate/defendant contact
time shall be recorded and maintained in order to justify custodial officer
certification.
] Examples of such positions include, but are not limited
to, the following: Investigators, Compliance Monitors, Accountants routinely
required to audit
unit
[
unit/facility
] operations, Sociologists,
Interviewers, and Classification Officers
. Employees in such positions
and supervisors of such employees shall complete and submit a Hazardous Duty
Log in accordance with TDCJ procedures in order to justify custodial officer
certification;
[
, and Supervisor Counselors;
]
(D)
Hazardous Duty Code 4 Positions. These positions are
[
employees in
] administrative positions
that routinely
respond
[
whose jobs require response
] to emergency situations
involving
offenders
[
inmate/defendants
]. Examples include:
the Executive Director, Deputy Director,
Correctional Institutions
[
Institutional
] Division Director,
other Division Directors,
some
Managers (salary group B14 and above),
[
Assistant Directors,
]
and not more than 25 Administrative Duty Officers
. Requests for positions
to be included in this category must be approved by the Deputy Executive Director
;
(E)
Hazardous Duty Code 5 Positions. These positions are
filled by employees whose custodial officer certification is "grandfathered"
based on the following criteria in accordance with SB 993, 69th Legislature:
[
all employees of the Parole Division whose majority of assigned
duties include the assessment of risks and needs, investigation, case management,
and supervision of releasees to ensure that releasees are complying with the
conditions of parole or mandatory supervision, or who directly supervise or
are in a direct line of supervision over these employees.
]
(i)
The employees were in positions
authorized custodial officer certification and hazardous duty pay on August
31, 1985;
(ii)
The employees have not changed
positions since August 31, 1985; and
(iii)
The positions do not meet
other current hazardous duty pay criteria.
(F)
Hazardous Duty Code 6 Position.
Employees in such positions and supervisors of such employees shall complete
and submit a Hazardous Duty Log in accordance with TDCJ procedures in order
to justify custodial officer certification. These positions are filled by
employees whose custodial officer certification is "grandfathered" based on
the following criteria in accordance with SB 993, 69th Legislature:
(i)
On August 31, 1995, the employees were assigned
to administrative offices and had job duties requiring routine direct offender
contact at least 50 percent of the time; and
(ii)
The employees continue to have some routine
direct offender contact although it is less than 50 percent routine direct
offender contact.
(G)
Hazardous Duty Code 7 Positions.
These positions are Parole Officers, Parole Caseworkers, and other employees
of the Parole Division or the Board of Pardons and Paroles whose majority
of assigned duties include the assessment of risks and needs, investigation,
case management, and supervision of releasees to ensure that releasees are
complying with the conditions of parole or mandatory supervision, or who directly
supervise or are in a direct line of supervision over these employees.
(H)
Hazardous Duty Code 9 Positions.
Employees in such positions and supervisors of such employees shall complete
and submit an Emergency Response Log in accordance with TDCJ procedures in
order to justify custodial officer certification. These positions are filled
by employees whose custodial officer certification is "grandfathered" based
on the following criteria:
(i)
On August 31, 1995 the employees were assigned
to a position authorized custodial officer certification and hazardous duty
pay; and
(ii)
The employees have been designated as members
of an Emergency Response Team that may respond to emergency situations involving
offenders.
(2)
[
(3)
] Hazardous Duty Pay Authorized
Positions. In addition to the employees described in paragraph (1) of this
subsection, employees in the following positions may receive hazardous duty
pay:
(A)
employees in positions authorized for custodial officer
certification;
(B)
employees
in Hazardous Duty Code 8 positions. These
include employees
and officials of the Parole Division
or the Board
of Pardons and Paroles
who
do not meet the criteria for Hazardous
Duty Code 7, but
have routine direct contact with
offenders
[
inmates
] of any penal or correctional institution or with releasees.
Examples of such positions include, but are not limited to, the following:
Clerks, Administrative Technicians, and Laboratory Technicians assigned to
Parole Field Offices.
[
(4)
The Agency shall file a report
annually with the Governor's Office and the Legislative Budget Office indicating
the numbers and position titles of employees authorized to receive hazardous
duty pay. ]
(3)
[
(5)
] Each month the Agency shall
certify to the ERS the names of the employees and any other information determined
and prescribed by the ERS as necessary for the crediting of service and financing
of benefits under §813.506 of the Texas Government Code.
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 May 28, 2004.
TRD-200403638
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 463-0422