Part XI.
Texas Juvenile Probation Commission
Chapter 343.
Standards for Juvenile Pre-Adjudication Secure Detention Facility
37 TAC §343.8, §343.9
The Texas Juvenile Probation Commission proposes amendments
to §343.8, concerning population in pre-adjudication secure detention
facilities and §343.9, concerning security and control in juvenile detention
facilities.
The amendment is proposed in an effort to clarify and improve TJPC standards.
Steve Bonnell, Deputy Executive Director, has determined that for the first
five year period the amendments are in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amended standard.
Mr. Bonnell has also determined that for each year of the first five years
the amended standard is in effect, the public benefit anticipated will be
improved probation services.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the amended standard as
proposed.
Comments on the proposed amendments may be submitted to Maribeth Powers
at the Texas Juvenile Probation Commission, P. O. Box 13547, Austin, Texas
78711.
The amendments are proposed under Texas Human Resource Code,
§141.042, which provides the Texas Juvenile Probation Commission with
the authority to adopt reasonable rules that provide minimum standards for
juvenile boards and that are necessary to provide adequate and effective
probation services.
No other code or article is affected by the amendment.
§343.8. Physical Plant.
(a)
Written policy and procedure and practice of the following
standards shall apply to all detention facilities.
(1)-(5)
(No change.)
(6)
Population. The population in housing and living
units shall not exceed the rated capacity of the facility.
Written policies
shall specify procedures to be followed in case the rated capacity is unavoidably
exceeded. such procedures shall specify steps to be taken to reduce the population
to the rated capacity. A facility that is chronically overcrowded shall meet
TJPC policies regarding such conditions in order to be considered for a temporary
waiver of this standard.
(7)-(9)
(No change.)
(b)
(No change.)
§343.9. Security and Control.
(a)
Written policy and procedure and practice of the following
standards shall apply to all detention facilities.
(1)
Policy. Written policies for security and control of the
facility standards shall include, but shall not be limited to, the following:
(A)-(C)
(No change.)
(D)
Written procedures for coordination with
law enforcement authorities in the case of riot, rebellion, escape, or other
situations requiring assistance from city, county, or state law enforcement
agencies.
(2)-(6)
(No change.)
(b)
(No change.)
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 January
6, 1998.
TRD-9800152
Steve Bonnell
Deputy Executive Director
Texas Juvenile Probation Commission
Earliest possible date of adoption: February 23, 1998
For further information, please call: (512) 424-6681
Chapter 344.
Standards for Juvenile Post-Adjudication Secure Correctional Facilities