EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. Title 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 152. General Allocation Provisions The Texas Department of Criminal Justice adopts on an emergency basis the repeal of sec.sec.152.1, 152.9, 152.21, and 152.31, an amendment to sec.152.2 and new sec.152.4 and sec.152.6, concerning general allocation provisions. Continued jail crowding in some jails, and legislation that may pass and take immediate effect, coupled with the impending statutory duty to accept inmates from county jails within 45 days of reaching paper-ready status, justify emergency action. 37 TAC sec.sec.152.1, 152.2, 152.4, 152.6, 152.9, 152.21, 152. 31 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Criminal Justice or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are adopted on an emergency basis under the Government Code, sec.492.013, which grants general rulemaking authority to the Board, sec.499.071 (as amended or not by the 74th Legislature, Regular Session), and sec.499.121(c) , which requires the institutional division to accept inmates from county jails within 45 days of reaching paper-ready status starting on September 1, 1995. sec.152.1. Purpose. sec.152.9. Board Policy. sec.152.21. Definitions. sec.152.31. Transfer Policy. Issued in Austin, Texas, on May 10, 1995. TRD-9505655 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: May 10, 1995 Expiration date: September 7, 1995 For further information, please call: (512) 463-9693 37 TAC sec.sec.152.2, 152.4, 152.6 The amendment and new sections are adopted on an emergency basis under the Government Code, sec.492.013, which grants general rulemaking authority to the Board, sec.499.071 (as amended or not by the 74th Legislature, Regular Session), and sec.499.121(c), which requires the institutional division to accept inmates from county jails within 45 days of reaching paper-ready status starting on September 1, 1995. sec.152.2. Definitions and Exceptions. (a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Available institutional division admissions-The total number of beds available within the institutional division for intake of prisoners is based upon the estimated rate of release of prisoners from the institutional division, minus .08333 of those beds which is adequate to allow the institutional division to expeditiously receive from the counties any new prisoners who are sentenced to death, or who are recaptured escapees, pre-parole violators, institutional division prisoners returning from federal bench warrants, interstate corrections compact transfers, and out-of-state parole violators. Therefore, the number of admissions available is based upon the rate of prisoner flow through the available
    institutional division capacity
      [, plus any new beds added to capacity through the mechanisms permitted under sec.152.11 and sec.152.12 of this title (relating to Definitions and Methodology for Changing Maximum System Population)]. (2) Available institutional
        [Institutional] division capacity -The total number of beds available for use within the institutional division, in accordance with [the limitations on capacity and its use imposed by federal court orders in Ruiz vs. Lynauh, Number H-78-987 (Southern District of Texas, Houston Division), and] the rules concerning capacity set out at s152.11 and sec.152.12 of this title (relating to Definitions and Methodology for Changing Maximum System Population). (b) The institutional division may suspend or cancel admissions when the acceptance or transport of prisoners would be unsafe, such as in cases of extremely severe weather or civil disturbance, or would cause noncompliance with federal court orders. The institutional division is not required to make up for admissions so suspended or canceled. On days that the institutional division is closed due to holidays, the number of admissions is decreased by the number of days of closure multiplied by the current number of daily admission. [The balance of admissions for the week is prorated out to the counties based upon their allocated percentage of intake.] sec.152.4. Implementation of Allocation Formula. (a) Under the circumstances and limitations described in this section, the institutional division may deviate on a cyclical basis from the strict numerical application of the allocation formula in sec.152.3 of this title (relating to Allocation Formula). The division may develop further policies consistent with this section. (b) The division may make calculated or non-calculated reallocations of unused admissions created by counties with insufficient paper-ready inmates in a given cycle. Reallocation shall be managed in a manner whereby unused admissions are distributed as necessary among either high intake or non-high intake counties. In either case, a non-calculated reallocation may be applied when the number of unused admissions is too small to make a calculated reallocation practicable. A non-calculated reallocation shall be distributed to as many counties as possible in a fair and equitable manner, and the division shall maintain a record of such reallocations to insure that preference is not a given to a particular county or group of counties. A calculated reallocation of admissions shall occur when there are sufficient unused admissions to make the calculated reallocation practicable, which is presumed to be the case when the number of unused admissions exceeds 25 per cycle for either the high-intake or non-high intake categories. (c) The division may allocate admissions created by the rounding effect of computerized initialization of the allocation formula, in the same manner as described in subsection (b) of this section. (d) The division may allocate admissions created by underestimates of available institutional division admissions, as defined in sec.152.2(a)(1) of this title (relating to Definitions and Exceptions), to counties whose allocated intake under the formula is zero. These allocations shall be made in the same manner as described in subsection (b) of this section. (e) As an exception to subsections (b)-(d) of this section, the division may advance admissions described in those subsections to counties with inmates needing transfer for medical reasons, counties with emergency situations such as inmate disturbances, or counties with other extraordinary circumstances that are appropriately documented. The division may also advance admissions to counties described in this subsection regardless of the availability of admissions described in subsections (b)-(d) of this section. Admissions advanced to a county described in this subsection shall be charged back against that county's future allocation. sec.152.6. Transfer Facility Admissions and Transfers. The institutional division shall apply the prison admissions policy, including all definitions and exceptions applicable to that policy, to admissions into transfer facilities. The division shall transfer inmates from transfer facilities into prison units of the institutional division within the time period required by state law. Issued in Austin, Texas, on May 10, 1995. TRD-9505656 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: May 10, 1995 Expiration date: September 7, 1995 For further information, please call: (512) 463-9693