Part 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice (TBCJ) proposes amendments to §151.4, Public Testimony and Comments to the Texas Board of Criminal Justice. The proposed amendments are necessary to clarify procedures for public presentations and comments on topics under the jurisdiction of the TBCJ.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five (5) year period, there will not 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 the public has an opportunity for public presentations and comments to the TBCJ.
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 amendments are proposed under Texas Government Code, §492.007, §492.013 and Chapter 551.
Cross Reference to Statutes: Texas Government Code, §492.007, §492.013 and Chapter 551.
§151.4.Public Presentations [ Testimony ] and Comments to the Texas Board of Criminal Justice.
(a) Policy. The Texas Board of Criminal Justice (TBCJ or Board)
is committed to
providing
[
provide
] access and opportunity
for public
presentations and comments as provided for in this rule.
[
testimony on items that are part of the Board's posted agenda
as provided for in this subsection and in subsection (b) of this section.
The Board also invites public comment on issues within the jurisdiction of
the Board as provided for in this subsection and in subsection (c) of this
section.
] Persons
not employed by or under contract with
[
outside
] the
Texas Department of Criminal Justice (TDCJ or Agency),
[
agency
] who wish to have items placed on the
Board's
posted
[
Board
] agenda
, shall
[
are invited
to
] follow the
procedures set forth
[
procedure
]
in subsection
(h)
[
(d)
] of this
rule
[
section
]. Public
presentations
[
testimony
] and
[
public
] comments shall be:
(1) subject to the requirements and restrictions of subsections (b), (c),
(d),
(e), (f)[
,
]
and
(g) [
and (h)
] of this
rule
[
section
];
(2) pertinent to issues under the jurisdiction of the Board, as determined by the Board Chairman and the TDCJ General Counsel; and
(3) pertinent to [
TDCJ
] policies, procedures, standards[
,
] and rules[
,
]
of the TDCJ. Disputes
[
while
actual disputes
] that are
appropriately
[
properly
]
the subject of the employee grievance system, the employee disciplinary system,
the
offender
[
inmate
] grievance system, the
offender
[
inmate
] disciplinary system[
,
] or
comments regarding
pending litigation shall be addressed through those processes.
(b) Definitions.
(1) Public presentations--presentations made by the public to the Board regarding topics posted on a Board meeting agenda that has been filed with and published by the Texas Register and as provided for in subsection (c) of this rule.
(2) Public comments--comments made by the public on non-posted Board agenda topics and as provided for in subsection (d) of this rule.
(c)
[
(b)
] Public
presentations.
[
testimony on posted agenda topics.
] Persons who desire to make public
presentations
[
testimony
] to the Board
on posted agenda topics shall
[
must
] provide, on the date
of the meeting, a completed registration card to
onsite Board office
[
the Board's support
] staff at least ten (10) minutes prior
to the meeting's posted start time. Registration cards shall be made available
at the entry to the
room
[
place
] where the Board's scheduled meeting is [
to be
] held
.
[
and shall include blanks
in which all of the following information must be disclosed:
]
(1) Pre-registration is available for public presentations through first class mail (P.O. Box 13084, Austin Texas 78711) or email (tbcj@tdcj.state.tx.us). Pre-registration shall be received by the Board office staff no later than four (4) calendar days prior to the posted meeting date of the presentation. In addition to the information required in subsection (c)(2), pre-registration submissions shall include appropriate contact information (daytime phone number and/or email address) for the individual who is registering to speak.
(2) Registration cards and pre-registration submissions shall disclose:
(A)
[
(1)
]
the
name of the person
who will make
[
making
] the presentation;
(B)
[
(2)
] a statement as to whether the person is being
remunerated
[
reimbursed
] for the presentation[
,
] and if so,
by whom; and if applicable,
the name of the
person or entity on whose behalf the presentation
will be
[
is
] made;
(C)
[
(3)
] a statement as to whether the
presenter has registered as a lobbyist in
relation
[
relationship
] to the
agenda topic being addressed
[
matter in question
];
(D)
[
(4)
] a reference to the agenda
topic
[
item,
]
on which
[
that
] the person
wishes to
present
[
discuss before the Board
];
(E)
[
(5)
] an indication as to whether
the presenter
will
[
wishes to
] speak for or against
the proposed agenda
topic
[
item
]; and
(F)
[
(6)
] a statement verifying that
all [
factual
] information
that will
[
to
]
be presented
is factual,
[
shall be
] true and correct
to the best of the
speaker's
knowledge [
of the speaker
].
(3) The TBCJ Chairman shall have discretion in setting reasonable limits on the time allocated for public presentations on posted agenda topics. If several persons have registered to address the Board on the same agenda topic, it shall be within the discretion of the Board Chairman to request that those persons select a representative amongst themselves to express such remarks or to limit their presentations to an expression of support for views previously articulated.
(4) The TBCJ Chairman shall provide an opportunity for public presentations to occur prior to the Board taking action on the topic denoted on the presenter's registration card. If a person who is registered to speak on a posted agenda item is not present when called upon, that person's opportunity to speak prior to action being taken on such topic shall be forfeited.
(5) A presenter may submit documentation pertaining to the public presentation to the Board office staff no later than three (3) calendar days prior to the posted meeting date where the presentation is to occur. Such documentation shall then be distributed to the Board. Any documentation submitted after the above-referenced date will not be distributed to the Board until after the presentation. A minimum of 12 copies of any such documentation shall be submitted to the Board office staff or distribution will not occur.
(d)
[
(c)
] Public comments [
on non-posted
topics
].
(1)
The Board defines its areas of jurisdiction in Board Policy BP-01.01,
which is
available
through
[
at
]
the Board office at the address
listed
in subsection
(c)
[
(d)
] of this
rule
[
section
], or on the Internet
at http://tdcj.state.tx.us/policy/policy-home.htm. Twice a year at the
second
[
first
] and fourth
regular
[
regularly
] called meetings of the Board, [
which are typically held in January
and July,
] an opportunity shall be provided for public comment on issues
that are not part of the Board's posted agenda but are within the
Board's
jurisdiction [
of the Board
].
Special called meetings
are not counted toward the requirement of this subsection.
(2) Persons who desire to make public comments to the Board
at these meetings shall
[
must
] provide, on the date of the meeting, a completed registration card to
onsite Board office
[
the Board's support
] staff at least ten (10) minutes prior to the meeting's
posted start time. Registration cards shall be made available at the entry
to the
room
[
place
] where the Board's scheduled meeting
is [
to be
] held.
(3) Pre-registration is [
also
] available for
public comments
[
individuals interested in speaking at the bi-annual
public comment periods. Pre-registration must be submitted to the Board office
either
] through first class mail (P.O. Box 13084, Austin Texas 78711)
or email (tbcj@tdcj.state.tx.us)
.
[
,
]
Pre-registration shall be received by Board office staff
[
and must take place
]
no earlier than the first day of the [
even-numbered
] month preceding
the Board meeting for which the registration is intended[
,
] and no later than
four (4)
[
seven (7)
]
calendar
days prior to the
posted
[
same
] meeting
date where the
comments are to occur. In addition to the information required in subsection
(d)(4), pre-registration submissions shall include appropriate contact information
(daytime phone number and/or email address) for the individual who is registering
to speak
.
(4) Registration cards and pre-registration submissions
shall
[
must
] disclose [
the following information
]:
(A)
the
name of the person
who will make
[
making
] the
comments
[
presentation
];
(B) a statement as to whether the person is being
remunerated
[
reimbursed
] for the
comments,
[
presentation,
] and if so,
by whom; and, if applicable,
the name of the
person or entity on whose behalf the
comments will be
[
presentation
is
] made;
(C)
a statement as to whether the presenter has registered
as a lobbyist in
relation
[
relationship
] to the
topic being addressed
[
matter in question
];
(D) the topic on which the person shall speak and whether the person will speak for or against the topic ; and
(E) a statement verifying that all [
factual
] information
that will
[
to
] be presented
is
[
shall be
]
factual,
true and correct to the best of the
speaker's
knowledge [
of the speaker
].
[
(d)
Requests that issues be placed on an agenda.
Persons outside the agency who wish to have an agenda item posted for discussion
shall address their request to the Chairman, Texas Board of Criminal Justice,
P.O. Box 13084, Austin, Texas 78711. Such requests should be submitted by
the first day of the even-numbered month preceding the Board meeting for which
the request is intended and are subject to the requirements of the registration
card in subsection (b) of this section. The decision whether to calendar a
matter for discussion before the full Board, a Board committee, a Board liaison,
or with a designated staff member, shall be within the discretion of the Chairman.
]
(5)
[
(e) Presentation timing.
] The
TBCJ
Chairman [
of the TBCJ
] shall have discretion in setting
reasonable limits on the time [
to be
] allocated for public
comments.
[
testimony or public comment.
] If several persons
have registered
[
wish
] to address the Board on the same
topic
[
agenda item
], it shall be within the discretion of the
Board
Chairman to request that
those
persons
select a representative amongst themselves to express such comments
[
who wish to address the same side of the issue coordinate their comments
],
or limit their comments to an expression of support for views previously articulated
.
[
by persons speaking on the same side of an issue. For public
testimony on posted agenda topics, the Chairman shall provide an opportunity
for said testimony by a person who has submitted a registration card to occur
prior to the Board taking action on the item denoted on the registration card.
]
(6) Public comments shall be heard just prior to the conclusion of the Board meeting, with deviation from this practice within the discretion of the Board Chairman. If a person who is registered to speak on a non-posted topic is not present when called upon, that person shall be called once more following all other registered speakers. If that person is not present at that time, their opportunity to speak at that meeting shall be forfeited.
(7) Presenters may submit documentation pertaining to the public comments to the Board office staff no later than three (3) calendar days prior to the posted meeting date where the comments are to occur. Such documentation shall then be distributed to the Board. Any documentation submitted after the above-referenced date will not be distributed to the Board until after the comments. A minimum of 12 copies of any such documentation shall be submitted to the Board office staff or distribution will not occur.
(e)
[
(f)
] Disability
accommodations.
[
accommodation.
] Persons with disabilities who have special
communication or accommodation needs and who plan to attend a meeting may
contact the Board office
at (512) 475-3250.
[
in Austin.
]
Requests
for accommodation shall
[
should
] be made at least two (2)
calendar
days
prior to
[
before
]
a
posted
meeting. The
TBCJ shall
[
department will
] make every reasonable effort to accommodate these needs.
(f)
[
(g)
] Conduct and decorum. The Board
shall
[
will
] receive public
presentations
[
testimony
] and [
public
] comments as authorized by this
rule
[
section
], subject to the following additional guidelines
:
[
.
]
(1)
Due to requirements of the Open Meetings Act, questions
[
Questioning of those making presentations
] shall only occur on public
presentations as defined herein (not as to public comments
as defined herein) that are
[
testimony
] associated with posted agenda topics and
they
shall be reserved
for
[
to
] Board members and staff recognized by the
Board
Chairman;
(2) Presentations
and comments
shall remain pertinent
to the
issues
[
issue
] denoted on the registration
cards
[
card
];
(3)
A
presenter
[
person
] who is determined
by the
Board
Chairman to be disrupting a meeting
shall
[
must
] immediately cease the disruptive activity or leave the meeting
room if ordered to do so by the
Board
Chairman; and
(4)
A
presenter
[
person
] may not assign
a portion of his or her
allotted presentation
time to another speaker.
(g)
[
(h)
] A
presenter
[
person
] may not carry
or possess
a prohibited weapon
(as defined in Section 46.05, Texas Penal Code)
, an illegal knife, a
club[
,
] or a handgun, to include a licensed concealed handgun
, during any
[
at a
] meeting of the Board.
(h) Requests for issues to be placed on an agenda. Persons not employed by or under contract with the Agency who wish to propose an agenda item for discussion on a Board meeting shall address the request in writing to the Chairman, Texas Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711. Such requests shall be titled, "Proposed Agenda Topic" and shall be submitted no later than the first day of the month preceding the Board meeting for which the request is intended. Such requests are subject to the requirements of the registration card in subsection (c) of this rule. The decision as to whether to calendar a matter for discussion before the Board, a Board committee, a Board liaison or with a designated staff member shall be within the discretion of the Board Chairman. Public presentations on topics placed on a Board agenda, at the request of an individual, shall be in accordance with subsection (c) of this rule.
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 25, 2007.
TRD-200702094
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 15, 2007
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) proposes a new rule, §152.33, Addition to the Estes Unit Capacity.
The purpose of the rule is to provide notice of an increase to the capacity of the Estes Unit.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for the first five (5) years the rule will be in effect, enforcing or administering the rule will cost the agency $2,594,342.
Mr. Marsh has also determined that, for the first five (5) year period, there will not 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 increase capacity at correctional facilities.
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.
§152.33Addition to the Estes Unit Capacity.
At the Estes Unit, an additional 40 beds shall increase the capacity to 1,040.
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 25, 2007.
TRD-200702087
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 15, 2007
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) proposes a new rule, §152.35, Addition to the Bartlett State Jail Capacity.
The purpose of the rule is to provide notice of an increase to the capacity of the Bartlett State Jail.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for the first five (5) years the rule will be in effect, enforcing or administering the rule will cost the agency $3,067,859.
Mr. Marsh has also determined that, for the first five (5) year period, there will not 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 increase capacity at correctional facilities.
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.
§152.35.Addition to the Bartlett State Jail Capacity.
At the Bartlett State Jail, an additional 48 beds shall increase the capacity to 1,049.
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 25, 2007.
TRD-200702088
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 15, 2007
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) proposes amendments to §163.35, Supervision. The proposed amendments are necessary to add clarity.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice (TDCJ), has determined that for the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five (5) year period, there will not 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 the proper supervision of offenders on community supervision.
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 amendments are proposed under Texas Government Code, §509.003.
Cross Reference to Statutes: Texas Government Code, §509.003.
§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
community supervision
officer (CSO)
[
CSO
] for supervision.
(2) Direct Supervision-Offenders who are legally on community
supervision and who work or reside in the jurisdiction in which they are being
supervised and receive a minimum of one
(1)
face-to-face contact with a CSO every three
(3)
months. Direct supervision begins at
the time of initial face-to-face contact with an eligible CSO. Local
Community Supervision and Corrections Departments (CSCDs)
[
CSCDs
] may maintain direct supervision of offenders living and/or working
in adjoining jurisdictions if the CSCD has documented approval from the adjoining
jurisdictions.
(3) Face-to-face Contact-A CSO communicates in person with the offender.
(4) Field Visit-A CSO communicates in person with the offender at the offender's place of residence or at another location outside the CSCD office.
(5) Indirect Supervision-Maintenance of a file and/or record of an offender under supervision who meets one (1) of the following criteria:
(A) an offender who neither resides nor works within the jurisdiction of the CSCD and who receives the supervision in other jurisdictions;
(B) an offender who neither resides nor works within the jurisdiction
but continues to submit written reports on a monthly basis because
the
offender
[
he
] is ineligible or unacceptable for supervision in another jurisdiction;
(C) an offender who has absconded or who has not contacted
the
[
his
] CSO in person within three
(3)
months;
(D) an offender who resides or works in the jurisdiction, but
who, while in compliance with the orders of the court, [
nevertheless
] does not meet the criteria for direct supervision; or
(E)
an offender
[
offenders
] who
resides
[
reside
] and
works
[
work
] outside the jurisdiction but
reports
[
report
] in person and who
does
[
do
] not fall under paragraph (2) of this subsection.
(b) System of Offender Supervision. The CSCD directors shall develop a system of offender supervision that is based upon, but not limited to:
(1) the jurisdiction's profile of revoked offenders;
(2) the jurisdiction's profile of offenders under direct community supervision;
(3) the offender's identified risk and needs;
(4) availability of sanctions, programs, services [
,
]
and community resources;
(5) applicable law and
Texas Department of Criminal Justice-
Community Justice Assistance Division (TDCJ-CJAD)
[
TDCJ-CJAD
]
standards and
policies
[
policy
]; and
(6) policies of the local judiciary.
(c) Supervision Process. CSOs shall provide direct supervision
for cases to include, but not be limited to, the following tasks
;
[
.
]
(1) Orientation/Intake. An orientation/intake session with
the offender shall be conducted after the court has placed the
offender
[
defendant
] under supervision. This session shall include
a thorough discussion of the conditions of community supervision and terms
of release. The CSO shall determine that the offender has received a copy
of the conditions of community supervision or terms of release ordered by
the court as provided by law.
(2) Assessments. An assessment process that gathers relevant
and valid information shall be completed on every offender. This process shall
specifically address the offender's risk factors, need areas, obstacles to
meeting those needs, offender strengths[
,
] and offender resources.
The CSO shall request specialized assessments for offenders when it is determined
that alcohol or drug abuse contributed to the offense and pursue specialized
evaluations when they would significantly assist in the development of appropriate
supervision plans for special needs offenders.
(3) Case Classification. Within two
(2)
months of
the date of community supervision placement, acceptance of a transfer case[
,
] or discharge from any residential facility, jail [
,
] or institution, the CSO shall complete an approved TDCJ-CJAD case classification
instrument to assist in the evaluation of the degree of supervision needed
by each individual based on the offender's risk and/or needs. Within ten
(10)
working days of the date of an offender's admission to a Community
Corrections Facility (CCF), the CSO assigned to supervise the offender in
the facility shall complete the TDCJ-CJAD case classification/assessment instrument.
(4) Strategies for Case Supervision (SCS) Assessments. Within two
(2)
months of the date of community supervision placement,
acceptance of a transfer case[
,
] or discharge from any residential facility, jail[
,
] or institution, the CSO shall conduct a SCS assessment
on each felony offender classified as maximum on case classification, unless
a SCS was previously completed. While the SCS assessment may be a useful case
management tool, it is not required for offenders during participation in
residential programs.
(5) Case Supervision or Treatment Plan. Within two
(2)
months of the date of the most recent community supervision placement,
acceptance of a transfer case[
,
] or discharge from any residential
facility, the CSO shall develop a written individualized case supervision
or treatment plan based on the offender's risk and need factors to address
specific problem areas and assist the offender to achieve responsible behavior.
The supervision or treatment plan shall be completed within ten
(10)
working days from the date of an offender's admission to a CCF.
(6) Reassessments. CSOs shall reevaluate risk and need factors and supervision plans at least every 12 months for all direct cases. An approved TDCJ-CJAD reassessment shall be completed any time a significant change occurs in the status of the offender. Any necessary modification of the supervision plan shall be indicated in writing in the case file. Upon discharge from a residential facility, the CSO assigned to supervise the offender in the facility shall complete a discharge plan.
(7) Supervision Contacts. CSOs shall make face-to-face, field
visit, telephone[
,
] and collateral contacts with the offender,
family, community resources[
,
] or other persons pursuant to and
consistent with a supervision plan and the level of supervision on which the
offender is being supervised. Each CSCD director shall establish supervision
contact and casework standards at a level appropriate for that jurisdiction,
but in all cases, offenders at increased levels of supervision because of
assessments of greater risk or special needs shall receive a higher level
of contacts than offenders at lower levels of supervision. The nature and
extent for supervision contacts with offenders shall be specified in the CSCD's
written policies and procedures.
(8) Documentation in Supervision Case Files. CSOs shall use
a problem oriented record keeping system to document all significant actions,
decisions, services rendered[
,
] and periodic evaluations in the
offender's case file, including, but not limited to, the offender's status
regarding the level of supervision, compliance with the conditions of community
supervision, progress with the supervision plan[
,
] and responses
to intervention.
(9) Violations. CSCD directors shall work in conjunction with
the local judiciary to specify written policies and procedures under Texas
Code of Criminal Procedure, art
.
42.12, §10 wherein
the
CSOs may make recommendations to the courts regarding violations
of conditions of community supervision, as well as when violations may be
handled administratively. The availability of
progressive interventions
and
[
the continuum of
] sanctions
as
[
or
]
alternatives
[
alternative
] to incarceration
and incentives
shall be considered by the CSO and recommended to the court in eligible
cases as determined appropriate by the jurisdiction.
(10) Intrastate Transfers. The standards strive to ensure public safety by recognizing the need of the sending and receiving jurisdictions to continue control and supervision over these offenders.
(A) Except in cases of non-CSCD residential facility placements,
supervision shall be transferred if an offender meeting the definition of
direct supervision will be in another jurisdiction for more than 30 days,
except when the designated representatives of the two
(2)
CSCDs
agree there is good cause for the original jurisdiction to maintain supervision.
Only the court retaining jurisdiction over
an offender
[
a
defendant
] has the authority to modify or alter a condition of community
supervision.
The
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 an individual on community supervision. It is the responsibility
of the offender to comply with the conditions of community supervision as
imposed by the court.
The
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.
The documents necessary for transfer shall include, [
only
] the
transfer form, the court order placing the
offender
[
person
] on community supervision citing all conditions of community supervision,
the offense report, criminal history,
state identification (SID) and/or
personal identifier (PID)
[
TRN and SID
]number (within 90
days of transfer to
the
receiving jurisdiction), the pre/post-sentence
investigation report where legally mandated[
,
] and any assessments
that have been completed.
The
CSCD directors who decline
or cease
to provide courtesy supervision to offenders from other jurisdictions
shall immediately notify, in writing, the original jurisdiction of the reasons
for declining or closing supervision.
(B) Dual Supervision: The court retaining jurisdiction over
an offender
[
a defendant
] may also order the
offender
[
defendant
] to report to the original jurisdiction as well as the jurisdiction where
offender
[
defendant
] resides and/or works.
(11) Transporting Offenders. CSOs shall not transport offenders held in a county jail pursuant to an arrest warrant. All other transportation of offenders shall be in accordance with the CSCD's policies and/or pursuant to a court order.
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 25, 2007.
TRD-200702092
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 15, 2007
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) proposes amendments to §163.42, Substantial Noncompliance. The proposed amendments are necessary to clarify and revise the definition of substantial noncompliance as it applies to the Texas Department of Criminal Justice-Community Justice Assistance Division (TDCJ-CJAD) standards.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five (5) year period, there will not 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 increase accountability of the Community Supervision and Corrections Departments.
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 amendments are proposed under Texas Government Code, §509.012.
Cross Reference to Statutes: Texas Government Code, §509.003 through 509.006; Texas Government Code, Chapter 551 and Texas Local Government Code §140.004.
§163.42.Substantial Noncompliance.
(a) Definition. Substantial noncompliance with
the Texas
Department of Criminal Justice-Community Justice Assistance Division (TDCJ-CJAD)
[
TDCJ-CJAD
] standards, for purposes of Texas Government Code §509.012, is defined as:
(1) intentional diversion, theft or misapplication of TDCJ-CJAD funding or grants for purposes other than the state funding award or allocation;
(2) violations of laws, regulations or official manuals specific
to the operations of
the Community Supervision and Corrections Departments (CSCDs)
[
CSCDs
];
(3) intentional refusal to implement
a
TDCJ-CJAD
approved
action plan
[
Action Plans
] that
is
[
are
] a result of audits, reviews[
,
] or inspections;
(4)
for purposes of qualifying for state aid [
by complying
with the Open Meetings Act
] under §163.43(a)(1)(F) of this title
(relating to Funding and Financial Management)
by
[
,
]
failing to hold the meeting to finalize the CSCD budget as required by Texas
Local Government Code §140.004
and
[
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,
TDCJ-CJAD
[
CJAD
],
TDCJ-Internal Audit Division,
Legislative Budget Board, Texas State Auditors Office
or
Texas Sunset Advisory Commission
[
Criminal Justice Policy Council
],
to examine or audit the records, transactions and performance of the [
subject
] CSCD or facilities.
(b) Imposing Sanctions. Sanctions imposed for substantial noncompliance shall be in accordance with provisions outlined in §163.47 of this title (relating to Contested Matters).
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 25, 2007.
TRD-200702093
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 15, 2007
For further information, please call: (512) 463-0422