Part VI. Texas Department of Criminal Justice

Chapter 159. Special Programs

37 TAC §§159.1, 159.3, 159.5

The Texas Department of Criminal Justice proposes amendments to §§159.1, 159.3, and 159.5 concerning special programs.

The amendment to §159.1(b) updates where to find the eligibility criteria for the Special Needs Substance Abuse Felony Punishment Facilities.

The amendment to §159.3 adds the Community Supervision and Corrections Department to the existing Memorandum of Understanding between the department and the Texas Department of Mental Health and Mental Retardation and Community Mental Health / Mental Retardation Authorities / Centers and corrects the zip code on the mailing address for the Texas Council on Offenders with Mental Impairments.

The amendment to §159.5 also corrects the zip code on the mailing address for the Texas Council on Offenders with Mental Impairments.

David P. McNutt, Director of Financial Services for the Texas Department of Criminal Justice has determined that for the first five year peiord there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments as proposed.

Mr. McNutt also has determined that for the first five years the public benefit anticipated as a result of enforcing the amendments will be updated and clean versions of the agency rules. There will be no effect on small businesses. There is no anticipated economic cost to individuals required to comply with the section as proposed.

Comments should be directed to Carl Reynolds, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711. Written comments from the general public should be received within 30 days of the publication of this proposal.

The amendments are proposed under Government Code, §492.013, which grants general rulemaking authority.

No other code, article, or statute is affected by these proposed amendments.

§159.1.Substance Abuse Felony Punishment Facilities (SAFPF) Eligibility Criteria

(a)

Defendants with a detainer or pending charges are not eligible to participate unless the jurisdiction that placed the detainer agrees not to seek custody of the defendant until after the program and continuum of care requirements have been completed.

(b)

Persons must be physically and mentally capable of uninterrupted participation in a rigorous, stressful, and confrontational therapeutic community program. Defendants with special medical or psychological needs must meet the eligibility criteria for the Special Needs SAFPF as defined in both the CJAD/SAFPF Procedure Manual and the Substance Abuse Treatment Operations Manual [ CJAD Field Correspondence ].

(c)

Persons who have signs or symptoms of acute drug or alcohol withdrawal or who require detoxification are not eligible to participate until they have been detoxified.

§159.3.Continuity of Care System for Offenders with Mental Impairments / Memorandum of Understanding

(a)

The Texas Department of Criminal Justice (TDCJ) adopts by reference 25 TAC §401.59(a) as Exhibit P, a memorandum of understanding (MOU) between the Texas Department of Criminal Justice, the Texas Department of Mental Health and Mental Retardation and Community Mental Health / Mental Retardation Authorities / Centers and Community Supervision and Corrections Departments concerning a continuity of care system for offenders with mental illness or mental retardation, as required by the Texas Health and Safety Code, §614.013.

(b)

Copies of the MOU are filed in the Office of Policy Development, Texas Department of Mental Health and Mental Retardation, 4405 North Lamar, Austin, Texas 78756, and the Texas Council on Offenders with Mental Impairments, 8610 Shoal Creek Boulevard, Austin, Texas 78757 [ 78758 ], and may be reviewed during regular business hours.

§159.5.Continuity of Care System for Offenders with Physical Disabilities

(a)

The Texas Department of Criminal Justice adopts the following memorandum of understanding (MOU) with the Texas Commission for the Blind, Texas Commission for the Deaf and Hearing Impaired, Texas Department of Human Services, Texas Department of Health, and Texas Rehabilitation Commission concerning a continuity of care system for offenders with physical disabilities and terminal or significant illnesses.

Figure: 37 TAC 159.5(a) (No change.)

(b)

The MOU is required by the Texas Health and Safety Code, §614.015.

(c)

Copies of the MOU are filed in the Office of the Texas Council on Offenders with Mental Impairments, 8610 Shoal Creek Boulevard, Austin, Texas 78757 [ 78758 ], and may be reviewed during regular business hours.

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 July 26, 1999.

TRD-9904461

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: September 5, 1999

For further information, please call: (512) 463-9693

Chapter 343. Standards for Juvenile Pre-Adjudication Secure Detention Facilities

37 TAC §343.1, §343.8

The Texas Juvenile Probation Commission proposes an amendment to §343.1 concerning the definition of detention facility chronic overcrowding and §343.8 regarding population limits in juvenile pre-adjudication secure detention facilities. The amendments are being proposed in an effort to clarify agency policy relating to detention facility overcrowding.

Maribeth Powers, Director of Field Services, 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 enforcement or administration

Ms. Powers has also determined that for each year of the first five years the amendments are in effect, the public benefit expected as a result of enforcement or implementation will ensure uniform application of agency standards across the state.

Public comments on the proposed amendments may be submitted to Maribeth Powers at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.

The amendments are proposed under Texas Human Resources 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.

§343.1. Definitions.

The following words, and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)-(3)

(No change).

[ (4)

Detention Facility Chronic Overcrowding--A detention facility shall be considered to be chronically overcrowded if, within a six month period, the daily population count taken between the hours of 6:00 am and 8:00 am exceeds the rated capacity of the facility by 20% or more on 90 or more days.]

(4)

[ (5) ] Detention Officer--A person whose primary responsibility is the direct and immediate supervision of the daily activities of detained juveniles. Administrative, food services, janitorial, and other auxiliary staff are not considered to be detention officers.

(5)

[ (6) ] Hold Over Detention Facility--Any holdover facilities located in the same building or grounds with an adult correctional facility, including those authorized by §51.12(I), Texas Family Code, shall comply with criteria set forth in the federal Juvenile Justice and Delinquency Prevention Act (42 U.S.C. 5601, et.seq.) and any subsequent amendments, rules and interpretive commentary passed or promulgated thereto after the effective date of this standard.

(6)

[ (7) ] Rated Capacity--Maximum number of juveniles who may be housed within a facility in accordance with TJPC Standards.

(7)

[ (8) ] Secure Detention Facility--Any public or private residential facility that includes construction and fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility and is used for the temporary placement of any juvenile or other individual who is accused of having committed an offense and is awaiting court action, an administrative hearing, or other transfer action. Such facilities shall be operated separately from any post-adjudication facility. Where such facilities are located in the same building or on the same grounds as a post-adjudicatory facility, written policies and procedures require contact between the two populations be kept to a minimum.

§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).

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 July 19, 1999.

TRD-9904353

Steve Bonnell

Deputy Executive Director

Texas Juvenile Probation Commission

Earliest possible date of adoption: September 5, 1999

For further information, please call: (512) 424-6681

37 TAC §343.20

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Juvenile Probation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Juvenile Probation Commission proposes the repeal of §343.20 concerning Chronically Overcrowded Detention Centers. The repeal is proposed in an effort to clarify the agency's policy regarding chronic overcrowding. This standard as written creates an implicit approval of chronic overcrowding which contradicts language elsewhere in the standards. The TJPC Board moved at its June 18, 1999, meeting to maintain a policy of dealing with overcrowding as a means of technical assistance and to strike the contradictory rule.

Maribeth Powers, Director of Field Services, has determined that for the first five year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of enforcement or implementation. This repeal imposes no duties or fiscal burdens on small businesses.

Ms. Powers has also determined that for each year of the first five years the repeal is in effect, the public benefit expected as a result of enforcement or implementation will be improved clarity of the agency's policy relating to chronic overcrowding in secure juvenile detention centers. There is no anticipated economic costs to persons required to comply with the repeal as proposed.

Comments on the proposed repeal may be submitted to Maribeth Powers at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.

The repeal is proposed under Texas Human Resources 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.

§343.20. Chronically Overcrowded Detention Centers.

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 July 19, 1999.

TRD-9904354

Steve Bonnell

Deputy Executive Director

Texas Juvenile Probation Commission

Earliest possible date of adoption: September 5, 1999

For further information, please call: (512) 424-6681