Part 9.
TEXAS COMMISSION ON JAIL STANDARDS
Chapter 259.
NEW CONSTRUCTION RULES
Subchapter B. NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
37 TAC §259.136
The Texas Commission on Jail Standards adopts the amendment
to §259.136 concerning New Maximum Security Design, Construction and
Furnishing Requirements without changes to the proposed text as published
in the February 18, 2000, issue of the
Texas Register
(25 TexReg 1258).
The rule is being amended to provide clarification of existing standards
regarding design requirements for day room space.
The rule clarifies the minimum requirements of day room space in New Maximum
Security Designs.
No comments were received regarding the amendment.
The amendment is 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 April 13, 2000.
TRD-200002628
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
37 TAC §259.138
The Texas Commission on Jail Standards adopts the amendment
to §259.138 concerning New Maximum Security Design, Construction and
Furnishing Requirements with changes to the proposed text as published in
the February 18, 2000, issue of the
Texas Register
(25 TexReg 1259).
The rule is being amended to limit the amount of time an inmate is held
in a holding cell to no more than 48 hours. Changes have been made to §259.138(a)(6)
of the proposed text to withdraw the requirement that phones, if provided
be detention type and cordless in order to further evaluate the impact of
implementing the rule change.
The rule defines time limits for holding inmates in holding cells for New
Maximum Security Designs.
No comments were received regarding the amendment.
The amendment is 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
custody, care and treatment of prisoners.
§259.138.Holding Cells.
(a)
One or more holding cells shall be provided to hold inmates
pending intake, processing, release, or other reason for temporary holding.
Inmates shall not be held for more than 48 hours and the cell shall include
the following features.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 17" to 19" above the finished floor and
not less than 12" wide. Seating shall be sufficient to provide not less than
24 linear inches per inmate at cell capacity.
(2)
Plumbing. Cells shall be provided with adequate toilets,
lavatories, and floor drains. The floor shall be properly pitched to drains.
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from one to 24 inmates and shall contain
not less than 40 square feet of floor space for the first inmate and 18 square
feet of floor space for each additional inmate to be confined.
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned.
(5)
Supervision. The cell shall be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
(b)
Remote Holding Cells. Holding cells that are separate from
the facility and utilized for direct court holding, processing, or for inmates
awaiting transportation. Inmates shall not be held for more than 8 hours and
the cell shall include the following features.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 17" to 19" above the finished floor, and
not less than 12" wide. Seating shall be sufficient to provide not less than
24 linear inches per inmate at cell capacity.
(2)
Plumbing. Cells shall be provided with adequate toilets,
lavatories capable of providing drinking water, and floor drains. The floor
shall be properly pitched to drains.
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from one to 24 inmates and shall contain
not less than 40 square feet of floor space for the first inmate and 18 square
feet of floor space for each additional inmate to be confined.
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned.
(5)
Supervision. The cell shall be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
(6)
Smoke Detection. Smoke detection capability shall
be provided. The alarm shall annunciate at a staffed location in close proximity
to the cell. Additional life safety items shall be compatible with the remainder
of the building.
(7)
Audible Communication. Audible communications shall
be provided.
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 April 13, 2000.
TRD-200002629
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
37 TAC §259.233
The Texas Commission on Jail Standards adopts the amendment
to §259.233 concerning New Lockup Design, Construction and Furnishing
Requirements without changes to the proposed text as published in the February
18, 2000, issue of the
Texas Register
(25
TexReg 1260).
The rule is being amended to clarify existing standards regarding design
requirements for day room space.
The rule clarifies the minimum requirements of day room space in New Lockup
Designs.
No comments were received regarding the amendment.
The amendment is 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 April 13, 2000.
TRD-200002630
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
37 TAC §259.330
The Texas Commission on Jail Standards adopts the amendment
to §259.330 concerning New Medium Security Design, Construction and Furnishing
Requirements without changes to the proposed text as published in the February
18, 2000, issue of the
Texas Register
(25
TexReg 1261).
The rule is being amended to clarify existing standards regarding design
requirements for day room space.
The rule clarifies minimum requirements for day room space in New Medium
Security Designs.
No comments were received regarding the amendment.
The amendment is 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 April 13, 2000.
TRD-200002631
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
37 TAC §259.430
The Texas Commission on Jail Standards adopts amendment to §259.430
concerning New Minimum Security Design, Construction and Furnishing Requirements
without changes to the proposed text as published in the February 18, 2000,
issue of the
Texas Register
(25 TexReg 1261).
The rule is being amended to clarify existing standards regarding design
requirements for day room space.
The rule clarifies minimum requirements for day room space in New Minimum
Security Designs.
No comments were received regarding the amendment.
The amendment is 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 April 13, 2000.
TRD-200002632
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
37 TAC §259.738
The Texas Commission on Jail Standards adopts the amendment
to §259.738 concerning New Long-Term Incarceration Design, Construction
and Furnishing Requirements without changes to the proposed text as published
in the February 18, 2000, issue of the
Texas Register
(25 TexReg 1262).
The rule is being amended to clarify existing standards regarding design
requirements for day room space.
The rule clarifies minimum standards for day room space in New Long-Term
Incarceration Designs.
No comments were received regarding the amendment.
The amendment is 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 April 13, 2000.
TRD-200002633
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
37 TAC §259.740
The Texas Commission on Jail Standards adopts the amendment
to §259.740 concerning New Long-Term Incarceration Design, Construction
and Furnishing Requirements with changes to the proposed text as published
in the February 18, 2000, issue of the
Texas Register
(25 TexReg 1262).
The rule is being amended to limit the amount of time an inmate is held
in a holding cell to no more than 48 hours. Changes have been made to §259.740(a)(6)
of the proposed text to withdraw the requirement that phones, if provided
be detention type and cordless in order to further evaluate the impact of
implementing the rule change.
The rule provides time limits for holding inmates in holding cells in New
Long-Term Incarceration Designs.
No comments were received after publication in the February 18, 2000, issue
of the
Texas Register
(25 TexReg 1262).
The amendment is 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.
§259.740.Holding Cells.
(a)
One or more holding cells shall be provided to hold inmates
pending intake, processing, release, or other reason for temporary holding.
An appropriate space shall be designated for staging inmates. Inmates shall
not be held for more than 48 hours and the cell shall include the following
features.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 17" to 19" above the finished floor and
not less than 12" wide. Seating shall be sufficient to provide not less than
24 linear inches per inmate at cell capacity.
(2)
Plumbing. Cells shall be provided with adequate toilets,
lavatories, and floor drains. The floor shall be properly pitched to drains.
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from one to 24 inmates and shall contain
not less than 40 square feet of floor space for one inmate and 18 square feet
of floor space for each additional inmate to be confined.
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned.
(5)
Supervision. The cell shall be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
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 April 13, 2000.
TRD-200002634
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
Subchapter A. EXISTING MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
37 TAC §261.138
The Texas Commission on Jail Standards adopts the amendment
to §261.138 concerning Existing Maximum Security Design, Construction
and Furnishing Requirements with changes to the proposed text as published
in the February 18, 2000, issue of the
Texas Register
(25 TexReg 1264).
The rule is being amended to limit the amount of time an inmate is held
in a holding cell to no more than 48 hours. Changes have been made to §261.138(a)(6)
of the proposed text to withdraw the requirement that phones, if provided
be detention type and cordless in order to further evaluate the impact of
implementing the rule change.
The rule provides time limits for holding inmates in holding cells in Existing
Maximum Security Designs.
No comments were received after publication in the February 18, 2000, issue
of the
Texas Register
(25 TexReg 1264).
The amendment is 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.
§261.138.Holding Cells.
(a)
One or more holding cells should be provided to hold inmates
pending booking, court appearance, identification, housing assignment, discharge,
or other reason for temporary housing. Inmates shall not be held for more
than 48 hours and the cell shall include the following features.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 14" to 18" above the finished floor and
not less than 12" wide. Seating shall be sufficient to provide not less than
24 linear inches per inmate at cell capacity;
(2)
Plumbing. Cells shall be provided with adequate toilets,
lavatories, and floor drains. The floor shall be properly pitched to drains;
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from 1 to 24 inmates and shall contain
not less than 40 square feet of floor space for 1 inmate and 18 square feet
of floor space for each additional inmate to be confined;
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned;
(5)
Supervision. The cell should be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
(b)
Remote Court Holding Cells. Holding cells that are separate
from the facility and utilized for direct court holding, processing, or for
inmates awaiting trial shall include the following features and equipment:
(1)
Seating. Seating shall be sufficient to provide not less
than 24 linear inches per inmate at cell capacity;
(2)
Plumbing. Cells shall be provided with adequate toilets,
and lavatories capable of providing drinking water. Floor drains should be
provided;
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from 1 to 24 inmates and shall contain
not less than 40 square feet of floor space for 1 inmate and 18 square feet
of floor space for each additional inmate to be confined;
(4)
Surfaces. Floor, wall, and ceiling material should
be durable and easily cleaned;
(5)
Supervision. The cell should be located and constructed
to facilitate supervision of the cell area and to materially reduce noise;
(6)
Smoke Detection. Smoke detection capability shall
be provided. The alarm shall enunciate at a staffed location in close proximity
to the cell. Additional life safety items shall be compatible with the remainder
of the building;
(7)
Audible Communication. Audible communications shall
be provided.
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 April 13, 2000.
TRD-200002635
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
37 TAC §261.332
The Texas Commission on Jail Standards adopts the amendment
to §261.332 concerning Existing Minimum Security Design, Construction
and Furnishing Requirements with changes to the proposed text as published
in the February 18, 2000, issue of the
Texas Register
(25 TexReg 1265).
The rule is being amended to limit the amount of time an inmate is held
in a holding cell to no more than 48 hours. Changes have been made to §261.332(6)
of the proposed text to withdraw the requirement that phones, if provided
be detention type and cordless in order to further evaluate the impact of
implementing the rule change.
The rule provides time limits for holding inmates in holding cells in Existing
Minimum Security Designs.
No comments were received after publication in the February 18, 2000, issue
of the
Texas Register
(25 TexReg 1265).
The amendment is 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.
§261.332.Holding Cells.
Inmates shall not be held for more than 48 hours and the cells, if
provided, shall include the following features.
(1)
Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 14" to 18" above the finished floor and
not less than 12" wide. Seating shall be sufficient to provide not less than
24 linear inches per inmate at cell capacity;
(2)
Plumbing. Cells shall be provided with adequate toilets,
lavatories, and floor drains. The floor shall be properly pitched to drains;
(3)
Cell Size. The size of the cell shall be determined
by the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from 1 to 24 inmates and shall contain
not less than 40 square feet of floor space for 1 inmate and 18 square feet
of floor space for each additional inmate to be confined;
(4)
Surfaces. Floor, wall, and ceiling material shall
be durable and easily cleaned;
(5)
Supervision. The cell should be located and constructed
to facilitate supervision of the cell area and to materially reduce noise.
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 April 13, 2000.
TRD-200002636
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
The Texas Commission on Jail Standards adopts the amendments to §§271.1
and 271.7 concerning Classification and Separation of Inmates. Section 271.1
is being adopted with changes to proposed text and §271.7 is being adopted
without changes to the proposed text as published in the February 18, 2000,
issue of the
Texas Register
(25 TexReg 1266)
and will not be republished.
The rule is being amended to allow for separate classification plans for
Texas Department of Criminal Justice and Federal inmates.
The rule defines the minimum standards of objective classification.
Comments were received regarding proposed changes to 271.1.
Comment: Suggests clarifying classification policies for federal inmates
by including language in the standards similar to that used for classification
policies of TDCJ-ID inmates.
Response: Adopt with changes due to comments.
37 TAC §271.1
The amendment is 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.
§271.1.Objective Classification Plan.
(a)
Each sheriff/operator shall develop and implement an objective
classification plan approved by the Commission by January 1, 1997. The plan
shall include principles, procedures, instruments and explanations for classification
assessments, housing assignments, reassessments and inmate needs. Plans utilizing
an approved objective classification system shall be submitted and approved
by the Commission. The following principles and procedures shall be addressed:
(1)
inmates shall be classified and housed in the least restrictive
housing available without jeopardizing staff, inmates or the public, utilizing
risk factors which include any or all of the following:
(A)
current offense or conviction;
(B)
offense history;
(C)
escape history;
(D)
institutional disciplinary history;
(E)
prior convictions;
(F)
alcohol and/or drug abuse; and
(G)
stability factors.
(2)
classification criteria shall not include race,
ethnicity or religious preference;
(3)
custody levels and special housing needs shall be
assessed to include minimum, medium and maximum custody levels and the placement
and release of inmates to and from special units including protective custody,
administrative separation, disciplinary separation and mental and medical
health housing;
(4)
minimum and maximum custody level inmates shall be
housed separately. All other custody level inmates should be housed separately.
When under direct, visual supervision, inmates of different custody levels
may simultaneously participate in work and program activities;
(5)
juveniles shall be separated by sight and sound from
adults in accordance with the Family Code, §51.12;
(6)
female inmates shall be separated by sight and sound
from male inmates. When under direct, visual and proximate supervision, males
and females may simultaneously participate in work and program activities;
(7)
when housed together and separately from all other
inmates, contracted TDCJ-ID and federal inmates may be classified solely by
approved TDCJ-ID and federal classification policies and procedures, respectively.
Housing units for contracted TDCJ-ID and federal inmates shall be approved
by TDCJ-ID and federal officials, respectively, to ensure that the inmates'
custody level does not exceed the construction security level of the assigned
housing.
(8)
persons assigned to a detoxification cell shall be
transferred to a housing or holding area as soon as they can properly care
for themselves;
(9)
the status of persons confined to a violent cell shall
be reassessed and documented at least every 24 hours for continuance of status;
(10)
inmates who require protection or those who require
separation to protect the safety and security of the facility may be housed
in administrative separation. The status of inmates placed in administrative
separation shall be reviewed and documented at least every 30 days for continuance
of status. Inmates housed in administrative separation shall retain access
to services and activities, unless the continuance of the services and activities
would adversely affect the safety and security of the facility; and
(11)
single cells may be utilized for disciplinary or
administrative separation. Inmates in administrative separation shall be provided
access to a day room for at least one hour each day. Inmates in disciplinary
separation shall be provided a shower every other day.
(b)
The following classification procedures shall be conducted
utilizing the approved classification instruments.
(1)
Intake Screening. To be completed immediately on all inmates
admitted for purposes of identifying any medical, mental health or other special
needs that require placing inmates in special housing units;
(2)
Initial Custody Assessment. To be completed on all
newly admitted inmates prior to housing assignments to determine custody levels.
(3)
Custody Reassessment/Review. A custody reassessment
shall be conducted within 30 - 90 days of the Initial Custody Assessment and
immediately upon any disciplinary action and/or change in legal status which
would affect classification. A documented classification review to determine
the necessity for a complete reassessment shall be conducted every 30 - 90
days thereafter.
(c)
A Needs Assessment Instrument may be used to assess the
needs and qualifications of inmates for participation in vocational, educational,
mental health, substance abuse and other treatment or work programs.)
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 April 13, 2000.
TRD-200002637
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
37 TAC §271.7
The amendment is 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 April 13, 2000.
TRD-200002638
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: May 3, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 463-5505
Subchapter C. NEW LOCKUP DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
Subchapter D. NEW MEDIUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
Subchapter E. NEW MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
Subchapter H. NEW LONG-TERM INCARCERATION DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
Chapter 261.
EXISTING CONSTRUCTION RULES
Subchapter C. EXISTING MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
Chapter 271.
CLASSIFICATION AND SEPARATION OF INMATES
Chapter 283.
DISCIPLINE AND GRIEVANCES