TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

Chapter 152. CORRECTIONAL INSTITUTIONS DIVISION

Subchapter B. CORRECTIONAL CAPACITY

37 TAC §152.31

The Texas Board of Criminal Justice files this notice of intent to propose a new rule Title 37, Part 6, Chapter 152, Correctional Institutions Division, Subchapter B, Correctional Capacity, §152.31, Addition to the Skyview Unit Capacity.

The purpose of the rule is to provide notice of an increase to the capacity of the Skyview Unit.

Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for the first five years the rule will be in effect, enforcing or administering the rule will have minimal implications related to costs or revenues for state or local government representing the marginal cost of adding to an existing service. A total of $15,300 will be necessary to cover the cost of bunks and mattresses.

Mr. Marsh does not anticipate that there will be an economic impact on persons required to comply with the rule. There will not be an effect on small or micro businesses. The anticipated public benefit, as a result of enforcing the rule, will be to ensure inpatient psychiatric treatment of female offenders which has the potential to positively impact public safety at the time of their release by preventing the recidivism of these offenders.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this rule.

The new rule is proposed under Texas Government Code, §§499.102, 499.104, and 499.105.

Cross Reference to Statutes: Texas Government Code, §§499.103, 499.106, 499.107.

§152.31.Addition to the Skyview Unit Capacity.

At the Skyview Unit, an additional bed in each of the 34 inpatient mental health cells in C Pod increases the capacity to 562.

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 July 7, 2006.

TRD-200603656

Melinda Bozarth

Executive Assistant

Texas Department of Criminal Justice

Earliest possible date of adoption: August 20, 2006

For further information, please call: (512) 936-2347