Part IX.
Texas Commission on Jail Standards
Chapter 259.
New Construction Rules
The Texas Commission on Jail Standards adopts the repeal of §§259.328-259.364
and §§259.732-259.773, without changes to the proposed text as published
in the October 23, 1998, issue of the
Texas Register
(23 TexReg 10846) and the repeal of §§259.428-259.460 and
new §§259.328-259.359, concerning New Medium Security Design, Construction
and Furnishing Requirements, §§259.428-259.455, concerning New Minimum
Security Design, Construction and Furnishing Requirements, and §§259.732-259.771,
concerning New Long-Term Incarcerations Design, Construction and Furnishing
Requirements, without changes to the proposed text as published in the January
29, 1999, issue of the
Texas Register
(24
TexReg 507). The review to this chapter which was proposed in the October
23, 1998, issue of the
Texas Register
(23
TexReg 10923) is simultaneously being adopted elsewhere in this issue of the
Sections 259.328-259.364 and 259.732-259.773 were originally proposed for
repeal and replacement in the October 23, 1998, issue of the
Texas Register
(23 TexReg 10846). At the December 9th board meeting,
the commission voted on adopting these regulations with some of the rules
reverting back to the original numbering system. However, in accordance with
1 TAC, §91.19, concerning numbering schemes, an agency may not adopt
a rule under a different number than what was proposed. Therefore, the Texas
Commission on Jail Standards withdrew the new sections that were proposed
in the October 23rd issue and re-proposed them in the January 29, 1999, issue
of the
Texas Register
(24 TexReg 507) so that
the rule numbers would be adopted in consecutive order.
The rules are adopted to provide a standard that is more consistent with
the current trends in jail construction.
No comments were received regarding adoption of the repeals and new sections
as proposed in the January 29, 1999, issue of the
Texas Register
(24 TexReg 507).
Subchapter D. New Medium Security Design, Construction and Furnishing Requirements
37 TAC §§259.328-259.364
The repeals are adopted under Government Code, Chapter 511,
which provides the Texas Commission on Jail Standards with the authority to
adopt reasonable rules and procedures establishing minimum standards for the
construction, equipment, maintenance and operation of county jails.
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 March
15, 1999.
TRD-9901535
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 4, 1999
Proposal publication date: October 23, 1998
For further information, please call: (512) 463-5505
37 TAC §§259.328-259.359
The new sections are adopted under Government Code, Chapter
511, which provides the Texas Commission on Jail Standards with the authority
to adopt reasonable rules and procedures establishing minimum standards for
the construction, equipment, maintenance and operation of county jails.
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 March
15, 1999.
TRD-9901536
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 4, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 463-5505
37 TAC §§259.428-259.460
The repeals are adopted under Government Code, Chapter 511,
which provides the Texas Commission on Jail Standards with the authority to
adopt reasonable rules and procedures establishing minimum standards for the
construction, equipment, maintenance and operation of county jails.
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 March
15, 1999.
TRD-9901537
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 4, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 463-5505
37 TAC §§259.428-259.455
The new sections are adopted under Government Code, Chapter
511 which provides the Texas Commission on Jail Standards with the authority
to adopt reasonable rules and procedures establishing minimum standards for
the construction, equipment, maintenance and operation of county jails.
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 March
15, 1999.
TRD-9901538
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 4, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 463-5505
37 TAC §§259.732-259.773
The repeals are adopted under Government Code, Chapter 511
which provides the Texas Commission on Jail Standards with the authority to
adopt reasonable rules and procedures establishing minimum standards for the
construction, equipment, maintenance and operation of county jails.
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 March
15, 1999.
TRD-9901539
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 4, 1999
Proposal publication date: October 23, 1998
For further information, please call: (512) 463-5505
37 TAC §§259.732-259.771
The new sections are adopted under Government Code, Chapter
511 which provides the Texas Commission on Jail Standards with the authority
to adopt reasonable rules and procedures establishing minimum standards for
the construction, equipment, maintenance and operation of county jails.
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 March
15, 1999.
TRD-9901540
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 4, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 463-5505
Chapter 343.
Standards for Juvenile Pre-Adjudication Secure Detention Facilities
37 TAC §§343.1, 343.2, 343.4, 343.5, 343.9-343.11, 343.16, 343.17, 343.20
The Texas Juvenile Probation Commission adopts amended §§343.1,
343.2, 343.4, 343.5, 343.9-343.11, 343.16 and 343.17 concerning Pre-Adjudication
Secure Detention Facilities and new §343.20 concerning Chronically Overcrowded
Detention Facilities. Section 343.4 is adopted with changes to the proposed
text as published in the December 18, 1998, issue of the
Texas Register
(23 TexReg 12885). Sections 343.1, 343.2, 343.5, 343.9-343.11,
343.16, 343.17, and 343.20 are adopted without changes to the proposed text
and will not be republished.
TJPC adopts these rules in an effort to improve juvenile probation services
relating to pre-adjudication detention facilities and to protect children
from the dangers of chronic overcrowding in pre-adjudication detention facilities.
Section 343.4 was changed non-substantively to clarify meaning and intent.
The amended rules will function primarily, but not exclusively, by clarifying
existing standards through expanded definitions, prescribing steps to be taken
during investigations of child abuse and neglect, and by setting out minimum
standards regarding the issue of chronic overcrowding in pre-adjudication
secure detention facilities.
The following public comments were received:
Section 343.2 Administration, Organization, and Management
Public comment: Reporting every attempted suicide and serious injury would
require numerous reports and investigations. Standards should be rewritten
to be specific in the definition of attempted suicide and serious injury.
The suggested language for suicide is to replace "attempted suicide" with
"attempted suicide that if not stopped would have resulted in death or serious
injury." The suggested language for serious injury should include "that results
in a prescription of medication and/or treatment."
Agency response: No changes recommended. The board considered this recommendation
at its November 20, 1998, meeting and adopted the definition as written. The
meaning of attempted suicide is adequately addressed in the definition.
Public comment: Change the standard to allow the superintendent of the
facility to determine what position a person is to be reassigned to in the
facility until the conclusion of the abuse or neglect investigation. Not every
county allows administrative leave with pay during an investigation of staff
wrongdoing.
Agency response: No changes recommended. The standard as written does not
require administrative leave in all cases. The facility may choose to place
an employee on administrative leave or to reassign the employee pending the
conclusion of the investigation.
These standards are adopted under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
§343.4. Personnel.
Written policy and procedure, and practice of the following standards
shall apply to all detention facilities except for hold over detention facilities.
(1)
Qualifications. Selection, retention, promotion, and demotion
of facility staff shall be on the basis of knowledge, skills, performance,
and abilities. No person shall be discriminated against on the basis of age,
sex, race, religion, national origin, or disability. Detention officers shall
be of good moral character and emotionally suited for working with juveniles.
A detention officer shall be at least 21 years of age and have either a high
school diploma or a general equivalency diploma. The age requirement may be
waived by the TJPC when a written request is submitted by the chair of the
juvenile board or the administrative officer of a private facility. A criminal
history record check and a sex offender registration database check must be
conducted on each prospective employee and a copy of the results of the checks
shall be kept on file. A person may not serve as a detention officer if the
person is currently on community supervision or parole or serving a sentence
for a criminal offense. Preference in employment should be given to those
best qualified by education and training in juvenile corrections. Preference
shall be given to those with bachelors' degrees conferred by colleges and
universities accredited by an organization recognized by the Coordinating
Board, Texas College and University System. The administration shall make
a reasonable effort to insure that the ethnic makeup of the facility staff
is generally reflective of the ethnic makeup of the residents of the facility,
consistent with the requirements of state and federal law.
(2)-(5)
(No change.)
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 March
11, 1999.
TRD-9901488
Lisa Capers
Deputy Executive Director and Legal Counsel
Texas Juvenile Probation Commission
Effective date: March 31, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 424-6681
Subchapter E. New Minimum Security Design, Construction and Furnishing Requirements
Subchapter H. New Long-Term Incarceration Design, Construction and Furnishing Requirements
Part XI.
Texas Juvenile Probation Commission
Chapter 344.
Standards for Juvenile Post-Adjudication Secure Correctional Facilities