Part IX.
Texas Commission on Jail Standards
Chapter 253.
Definitions
37 TAC §253.1
The Texas Commission on Jail Standards proposes an amendment
to §253.1, concerning definitions.
The rule is being amended due to a commission meeting held November 16,
1998, where jail administrators, architects and other jail associations were
invited to discuss the proposed changes to construction standards. During
that time it was indicated that a definition for the words "system" and "ward"
should be included in the standard.
Jack E. Crump, executive director, Texas Commission on Jail Standards,
has determined that for the first five-year period the rule is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the rule.
Mr. Crump also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be the addition of the words "system" and "ward" to the standard.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Lynn Weatherby, Texas Commission
on Jail Standards, P.O. Box 12985, Austin, Texas 78711.
The amendment is proposed 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 Local Government Code, Chapter 351, §351.002 and §351.015
are affected by this proposal.
§253.1.Definitions.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Administrative Separation - The assignment
of an inmate to a special housing unit, usually a separation or single cell,
when staff determines that such close custody is needed for the safety of
inmates or staff, for the security of the facility, or to promote order in
the facility.
(2)
Capacity - The number of inmates a facility
is authorized by the commission to house, excluding holding, detoxification,
medical, and violent cells.
(3)
Commission - Texas Commission on Jail
Standards.
(4)
Control Area - The area inside the security
perimeter to which inmates have only controlled access.
(5)
Control Room - A secured, enclosed room
which contains facility door controls, intercom panels and/or fire alarm panels.
(6)
Day Room - A space within or adjacent
to single cells, multiple occupancy cells, and dormitories specifically for
inmate day time activities.
(7)
Detoxification Cell - A cell designed
for the temporary holding of intoxicated persons.
(8)
Direct Supervision - An inmate supervision
management style in which corrections officer(s) are stationed inside a housing
unit 24 hours per day.
(9)
Disabled - Persons who have a physical
or mental impairment that substantially limits one or more of the major life
activities of such individuals.
(10)
Dormitory - A cell designed to accommodate
nine to 48 inmates.
(11)
Existing Facility - A maximum security,
lockup, or minimum security facility that was being operated as such on December
23, 1976.
(12)
Guard Station - A designated space from
which a corrections officer performs his/her functions.
(13)
Holding Cell - A cell designed for the
temporary holding of inmates.
(14)
Inmate Housing Area - Cells and day rooms
where inmates are assigned.
(15)
Inmate Occupied Area - Any area in the
facility normally occupied by inmates.
(16)
May - Permissive or optional.
(17)
Multiple Occupancy Cell - A cell designed
to accommodate two to eight inmates.
(18)
Owner - A county commissioner's court,
municipality, or private vendor who holds title to a facility.
(19)
Safety Vestibule - An enclosed space,
served by at least two doors, that serves as a passageway between two areas.
(20)
Sally Port - A secured space inside or
abutting a facility for vehicles to deliver or pick up inmates or goods.
(21)
Security Perimeter - The outer limits
of the facility where construction prevents egress by inmates or ingress by
unauthorized persons or contraband.
(22)
Separation Cell - A special purpose cell
designed to accommodate one
inmate
[
(23)
Shall - Mandatory and required for compliance.
(24)
Sheriff/Operator - County sheriff, jail
administrator, or a person authorized to act with their authority.
(25)
Should - Recommended but not required
for compliance.
(26)
Single Cell - A cell designed to accommodate
one inmate.
(27)
Small Jail - A facility with a capacity
of less than 50 inmates.
(28)
Special Purpose Cell - Detoxification
cell, holding cell, separation cell, violent cell, and medical cell. These
cells are not required to be provided with day rooms or safety vestibules.
(29)
System - A combination
of all facilities creating a functional unit.
(30)
Violent Cell - A single occupancy padded
cell for the temporary holding of inmates harmful to themselves and or others.
(31)
Ward - An infirmary area
holding a number of inmates.
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 December
21, 1998.
TRD-9818506
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 463-5505
37 TAC §257.9, §257.10
The Texas Commission on Jail Standards proposes amendments
to §257.9 and §257.10, concerning construction approval rules.
Section 257.9 is being amended due to the commission adopted the Americans
with Disabilities Act Accessibility Guidelines (ADAAG), §11.4.1 and §11.4.2
and Chapter 12 and the Texas Accessibility Standards effective August 1996.
Since that time, ADAAG designations have been amended. The proposed change
to this section will update the standard consistent with the latest interim
final rules for courtroom holding cells and jail facilities.
Currently §257.10 requires plans be submitted to the elimination of
Architectural Barriers (EAB) of the Texas Department of Licensing and Regulation
for review. Amending this rule will still require the plans to be supplied
to EAB for review but allow the county to begin construction immediately following
jail standards review.
Both of these sections are part of the agency review process in accordance
with the Appropriations Act of 1997, HB 1, Article IX, Section 167.
Jack E. Crump, executive director, Texas Commission on Jail Standards,
has determined that for the first five-year period the rules are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the rules.
Mr. Crump also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be an updated standard consistent with the latest interim final
rules for courtroom holding cells and jail facilities and the allowing of
the county to begin construction immediately following jail standards review.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rules as proposed.
Comments on the proposal may be submitted to Lynn Weatherby, Texas Commission
on Jail Standards, P.O. Box 12985, Austin, Texas 78711.
The amendments are proposed 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 Local Government Code, Chapter 351, §351.002 and §351.015
are affected by this proposal.
§257.9.Laws Applicable.
Facilities constructed prior to subsequent amendments to these rules,
entailing changes, additions, or deletions to the structure of equipment therein,
shall not be required to meet the changes unless the change also establishes
a date by which the change shall be effected. The facility shall conform to
the building, safety, and health requirements of state and local authority.
The facility shall also conform to Title 36, CFR, Part 1191, Sections
11.2.3(1) and (2)
[
§257.10.Accessibility Review.
The plans for all facilities shall be submitted to the Texas Department
of Licensing and Regulation, Elimination of Architectural Barriers for review
and approval of accessibility features [
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 December
21, 1998.
TRD-9818507
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 463-5505
Subchapter A. General
person
]. The cell
minimally contains
one
[
a
] bunk,
mirror,
toilet, lavatory, shower, floor drain, [
mirror,
] table, and seat.
This cell is used to house inmates requiring protection or whose behavior
requires close supervision.
Chapter 257.
Construction Approval Rules
11.4.1, 11.4.2
], and Chapter 12 in its
entirety regarding the Americans with Disabilities Act Accessibility Guidelines
(ADAAG). The commission adopts these rules and the Texas Accessibility Standards,
Article 9102,
Texas Civil Statutes
[
TCS
], by reference.
State standards for a facility which exceed those of the local authority shall
take precedence. Where local building codes do not exist, the Uniform Building
Code or Standard Building Code, latest editions, will apply.
prior to construction
].
Chapter 269.
Records and Procedures