EMERGENCY RULESAn 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. PART IX. Commission on Jail Standards CHAPTER 297.Compliance and Enforcement 37 TAC sec.sec.297.12-297.13 The Commission on Jail Standards adopts on an emergency basis amendments to sec.297.12 and sec.297.13 concerning Compliance and Enforcement for counties and municipalities contracting with private entities for jail facilities. Present standards require a facility needs analysis be approved for facilities intended for housing persons not committed by local jurisdictions. Upon staff review, it was determined that statutory language does not provide the Commission with the authority to deny approval to build a facility, but only the authority to regulate a facility once the local decision has been made to build it. This change deletes the requirement for a needs analysis and subsequent approval prior to commencing a project. The amendments are adopted on an emergency basis to comply with state statutes. The amendments are adopted on an emergency basis under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to revise, amend, or change rules and procedures if necessary. The statutes that are affected by these rules are Local Government Code, Chapter 351, 351.002, and 351.015. sec.297.12.County Contract with Private Entity for Jail Facilities. (a)-(c) (No change.) (d)
    [(g)] Facility operational plans, as required by the commission, shall be developed by the private operator of the facility in consultation with the sheriff and shall be approved by the sheriff, in writing, prior to submission to the commission for approval. Approval by the sheriff shall not be unreasonably withheld. Revised plans shall similarly be submitted when there is a change of sheriffs, operator, types of persons being confined, or operational procedures. (e)
      [(h)] The sheriff shall exercise regular on-site monitoring over the private jail facility, in accordance with the Local Government Code, sec.351.103 (concerning Contract Requirements). The specifics of such on-site monitoring, including the resolution of disputes, disagreements, or deficiencies shall be provided for in the contract and facility operational plans. [(d) A facility needs analysis shall be submitted by the county to the commission for approval for all facilities intended for the housing of persons not committed to the facility by local jurisdictions. The Executive Director may require a facility needs analysis be submitted for all facilities. The facility needs analysis shall minimally:] [(1) describe the origin, conviction status, risk/needs level, and anticipated length of stay of persons to be confined in the facility;] [(2) identify the availability of persons to be confined and duration of such availability;] [(3) describe the basis and methodology utilized in determining the need for the facility;] [(4) indicate the work force availability within the county to properly staff the facility.] [(e) A statement of objectives shall be submitted by the county to the commission for approval, indicating:] [(1) the management concept under which the facility will be operated including description of how required services will be provided;] [(2) educational, vocational, or rehabilitative programs which will be provided at the facility;] [(3) the construction standards under which the facility will be constructed or operated.] [(f) The commissioners' court and the sheriff shall review and approve the facility needs analysis, statement of objectives, and construction documents prior to submission to the commission.] sec.297.13.Municipal Contract with Private Entity for Jail Facilities. (a)-(c) (No change.) (d)
        [(g)] Facility operational plans, as required by the commission, shall be developed by the private operator and approved by the municipality, in writing, prior to submission to the commission for approval. Revised plans shall be submitted when there is a change of operators, types of persons being confined, or operational procedures. (e)
          [(h)] The municipality shall exercise regular on-site monitoring over the private operation of the facility, in accordance with the Local Government Code, sec.361.062 (concerning Contract Requirements). The specifics of such on- site monitoring, including the resolution of disputes, disagreements, or deficiencies shall be provided for in the contract and facility operational plans. [(d) A facility needs analysis shall be submitted by the municipality to the commission for approval for all facilities intended for the housing of persons not committed to the facility by local jurisdictions. The Executive Director may require a facility needs analysis be submitted for all facilities. The facility needs analysis shall minimally:] [(1) describe the origin, conviction status, risk/needs level, and anticipated length of stay of persons to be confined in the facility;] [(2) identify the availability of persons to be confined and duration of such availability;] [(3) describe the basis and methodology utilized in determining the need for the facility; and] [(4) indicate the work force availability within the county to properly staff the facility.] [(e) A statement of objectives shall be submitted by the municipality to the commission for approval, indicating:] [(1) the management concept under which the facility will be operated, including description of how required services will be provided;] [(2) procedures for regular on-site monitoring by the municipality, including frequency and scope of the monitoring;] [(3) educational, vocational, or rehabilitative programs which will be provided at the facility; and] [(4) the construction standards under which the facility will be constructed or operated.] [(f) The municipality shall review and approve the facility needs analysis, statement of objectives, and construction documents prior to submission to the commission.] Issued in Austin, Texas, on March 21, 1997. TRD-9703991 Jack E. Crump Executive Director Commission on Jail Standards Effective date: March 21, 1997 Expiration date: July 21, 1997 For further information, please call: (512) 463-5505