37 TAC §§225.1, 225.3, 225.5, 225.7, 225.9, 225.11
The Texas Commission on Law Enforcement Officer Standards
and Education adopts new §§225.1, 225.3, 225.5, 225.7, and, 225.11,
concerning contract jailer certification, without changes to the proposed
text as published in the October 3, 1997 issue of the
Texas Register
(22 TexReg 9865). §225.9 is adopted with a change
from the proposed text as published in the same issue. Subsection (j) of that
section was inadvertently omitted from the proposal. The section requires
a contract jail chief administrator to notify the Commission when a person
under appointment as a contract jailer resigns or is terminated. The subsection
had been considered, proposed and adopted by the Commissioners, and is a necessary
reporting procedure which is required of all chief administrators who appoint
personnel who must be licensed or certified by the Commission to perform their
duties. The subsections that follow the omitted subsection were also renumbered
to reflect the correction.
These sections were developed to implement a new certification program
for contract jailers. The new certification program is required by Senate
Bill 367, passed during the 75th Legislative session, which requires operators
of private facilities that contract with cities or counties to hold out-of-state
prisoners to ensure that their detention employees are certified by the Commission.
The Commission modeled this proposed certification program after its existing
county jailer licensing program, with the exception that there will be a fee
for issuance of contract jailer certificates, and that these certificates
will be renewable, rather than permanent. The fees will be phased in over
the year following the effective date of the new sections.
No comments were received regarding the adoption of these new sections.
The new sections are adopted under Texas Government Code Annotated,
Chapter 415, §415.010, which authorizes the commission to promulgate
rules for the administration of Chapter 415, and §415.062, which authorizes
the commission to issue proficiency certificates.
§225.9.Reporting Responsibilities of Contract Jail Chief Administrators
(a)
A contract jail chief administrator is responsible for
making any reports or submitting any documents required of that entity by
the commission.
(b)
Prior to the employment by a contract jail of a person
who does not hold a contract jailer certificate, a contract jail chief administrator
must contact the commission to determine whether the person has a current
and valid contract jailer certificate. If the person does not have a valid
certificate, the chief administrator must file an application for the certificate
with the commission. The application must be approved with a certificate issuance
date before the person is employed. The application must be completed, signed,
and filed with the commission by the contract jail's chief administrator or
designee.
(c)
An application for a temporary contract jailer certificate
or contract jailer certificate must be submitted on the application form currently
prescribed by the commission and must have attached to it two commission applicant
fingerprint cards.
(d)
A contract jail that files an application for certification
must keep on file and in a format readily accessible to the commission and
the Commission on Jail Standards a copy of the documentation necessary to
show that each temporary contract jailer certificate holder or contract jailer
certificate holder appointed by that contract jail met the minimum standards
for certification, including specifically:
(1)
a computerized criminal history (CCH) check by name, race,
sex and date of birth by both TCIC and NCIC;
(2)
two completed applicant fingerprint cards;
(3)
an original sworn, notarized statement by the applicant
(A)
of his or her complete criminal history; or
(B)
that he or she has never been arrested, charged, convicted
or placed on probation for a criminal offense.
(4)
a certified document from the appropriate authority
showing final disposition of each arrest, probation, community supervision,
conviction, or any other criminal history that may exist;
(5)
an original and current declaration signed by a physician
that the applicant is both physically sound and shows no trace of drug dependency
or illegal drug use;
(6)
an original and current declaration signed by a licensed
psychologist or psychiatrist that the applicant is in satisfactory psychological
and emotional health to be a private jailer;
(7)
a DD-214 or other documentation showing the character
of service, if the applicant was ever in the military;
(8)
a copy of a valid high school diploma, GED certificate,
college transcript, or other documentation necessary to show the applicant
meets the education standards for the contract jailer certificate; and
(9)
any other documentation required by the commission
for that certificate.
(e)
The contract jail chief administrator must notify the
commission of the appointment of a person who holds a current and valid contract
jailer certificate not later than 30 days after the date of employment. Notification
must be made on the currently prescribed commission form that reports employment.
This form must be completed, signed and filed with the commission by the contract
jail's chief administrator or designee. If the person is hired after a 180-day
break in employment, the report of employment must include:
(1)
a new criminal history check by name, sex, race and date
of birth from both TCIC and NCIC;
(2)
a new declaration of psychological and emotional
health;
(3)
a new declaration of lack of any drug dependency
or illegal drug use; and
(4)
an original sworn, notarized statement by the applicant
(A)
of his or her complete criminal history, or
(B)
that he or she has never been arrested, charged, convicted,
or placed on probation for a criminal offense.
(f)
A contract jail must retain a copy of records required
under this section for a minimum of five years after the employee's termination
date with the contract jail. The records must be maintained in a format readily
accessible to the commission and to the Texas Commission on Jail Standards.
(g)
A contract jail which submits an application for an individual
must report to the commission any failure to employ that individual in the
reported capacity within 30 days of the reported date of employment. Such
report must be made on a currently prescribed commission form that reports
termination.
(h)
A contract jail chief administrator shall notify the commission
in writing within 30 days when it receives information that a person employed
with that entity has been arrested, charged, indicted, or convicted for any
offense for which confinement may be a punishment.
(i)
Except in the case of a commission error, a contract jail
chief administrator who wishes to report a change to any information within
commission files about a certificate holder shall do so in a signed, written
request to the commission, containing:
(1)
the certificate holder's name and social security number;
(2)
the requested change; and
(3)
the reason for the change.
(j)
A contract jail chief administrator must notify the commission
in writing on a commission form that reports termination when a person under
appointment with that entity resigns or is terminated.
(k)
When a person who holds a contract jailer certificate
or a temporary contract jailer certificate resigns from employment with a
contract jail or if a person's employment is terminated for any reason, the
contract jail shall submit a report to the commission on the currently prescribed
commission form that reports resignation or termination. The report shall
be submitted within 30 days following the date of resignation or termination.
(l)
The effective date of this section is March 1, 1998.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
31, 1997.
TRD-9717293
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: March 1, 1998
Proposal publication date: October 3, 1997
For further information, please call: (512) 450-0188