TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 9. TEXAS COMMISSION ON JAIL STANDARDS

Chapter 263. LIFE SAFETY RULES

Subchapter C. DETECTION AND ALARM SYSTEMS

37 TAC §263.31

The Commission on Jail Standards adopts the amendment to §263.31 concerning Life Safety without changes to the proposed text as published in the April 28, 2000, issue of the Texas Register (25 Tex Reg 3727).

The rule is being amended to provide clarification of existing standards regarding smoke detection testing criterion.

The rule clarifies the minimum requirements of smoke detection testing.

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 June 5, 2000.

TRD-200003907

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: June 25, 2000

Proposal publication date: April 28, 2000

For further information, please call: (512) 463-5505


Subchapter G. SUBMISSION WITH ARCHITECTURAL PLANS

37 TAC §263.90

The Commission on Jail Standards adopts the amendment to §263.90 concerning Life Safety without changes to the proposed text as published in the April 28, 2000, issue of the Texas Register (25 Tex Reg 3727).

The rule is being amended to provide clarification of existing standards regarding submissions with architectural plans.

The rule clarifies the minimum requirements of required submissions with architectural plans.

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 June 5, 2000.

TRD-200003908

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: June 25, 2000

Proposal publication date: April 28, 2000

For further information, please call: (512) 463-5505


Chapter 273. HEALTH SERVICES

37 TAC §273.6, §273.7

The Commission on Jail Standards adopts the repeal of §273.6 and §273.7 concerning Health Services without changes to the proposed text as published in the February 18, 2000 issue of the Texas Register (25 Tex Reg 1268).

The rules are being repealed to implement changes to standards and is being adopted simultaneously with new §§273.6-273.8.

No comments were received regarding the proposal.

The repeal 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 June 5, 2000.

TRD-200003912

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: June 25, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


37 TAC §§273.6 - 273.8

The Commission on Jail Standards adopts new §§273.6-273.8 concerning Health Services. Section 273.6 is adopted with changes and §273.7 and §273.8 are adopted without changes to the proposed text as published in the February 18, 2000 issue of the Texas Register (25 Tex Reg 1268).

The rule is being created to provide clarification of existing standards regarding health services.

The rule establishes minimum standards regarding the use of restraints.

The following comments were received regarding the proposal.

Comment: Suggests creating language in the rule that is less restrictive.

Response: Adopt with changes due to comments.

Comment: Suggests that the term "medical restraints" be used in lieu of "restraints" to clarify that the new rules apply only to medical restraints.

Response: Adopt without changes to the term "restraints" since the new rule is included in the Health Services chapter and is understood to be "medical restraints."

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.

§273.6.Restraints.

Inmates exhibiting behavior indicating that they are a danger to themselves or others shall be managed in such a way as to minimize the threat of injury or harm. If restraints are determined to be necessary, they shall be used in a humane manner, only for the prevention of injury, and not as a punitive measure.

(1)

The decision to apply restraints shall be made by supervisory or medical personnel. Appropriate staff should assess the inmate's medical condition.

(2)

Restraints should restrict movement of an inmate only to the degree necessary to avoid injurious behavior. Soft or padded restraints should be used when feasible. Inmates shall not be restrained in a position or manner that would exacerbate any physical infirmities.

(3)

A documented observation of the inmate shall be conducted every 15 minutes, at a minimum. The observations should include an assessment of the security of the restraints and the circulation to the extremities.

(4)

The inmate should receive medical care a minimum of every 2 hours, to include changing position, exercising extremities, offering nourishment and liquids, offering toilet facilities, checking for medication needs, and taking vital signs. These checks shall be documented.

(5)

Documentation of use of restraints shall include, but not be limited to the following: the events leading up to the need for restraints, the time the restraints were applied, the justification for their use, observations of the inmate's behavior and condition, the 15-minute checks and the time the restraints were removed.

(6)

Restraints shall be removed from an inmate at the earliest possible time that the inmate no longer exhibits behavior necessitating restraint. In no case shall an inmate be kept in restraints longer than 24 hours.

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 June 5, 2000.

TRD-200003913

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: June 25, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 463-5505


Chapter 277. CLOTHING, PERSONAL HYGIENE AND BEDDING

37 TAC §277.1

The Commission on Jail Standards adopts the amendment to §277.1 concerning Clothing, Personal Hygiene, and Bedding without changes to the proposed text as published in the April 28, 2000, issue of the Texas Register (25 Tex Reg 3728).

The rule is being amended to ensure inmates held over 48 hours are issued standard facility clothing.

The rule clarifies the minimum requirements of issuing inmate clothing in jail facilities.

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 June 5, 2000.

TRD-200003909

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: June 25, 2000

Proposal publication date: April 28, 2000

For further information, please call: (512) 463-5505


37 TAC §277.4

The Commission on Jail Standards adopts the amendment to §277.4 concerning Clothing, Personal Hygiene and Bedding without changes to the proposed text as published in the April 28, 2000, issue of the Texas Register (25 Tex Reg 3728).

The rule is being amended to ensure indigent inmates held over 48 hours are provided with personal hygiene items.

The rule clarifies the minimum requirements of personal hygiene in jail facilities.

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 June 5, 2000.

TRD-200003910

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: June 25, 2000

Proposal publication date: April 28, 2000

For further information, please call: (512) 463-5005


Chapter 291. SERVICES AND ACTIVITIES

37 TAC §291.5

The Commission on Jail Standards adopts the amendment to §291.5 concerning Services and Activities without changes to the proposed text as published in the April 28, 2000, issue of the Texas Register (25 Tex Reg 3727).

The rule is being amended to provide a standard consistent with legislative action regarding religious freedom.

The rule clarifies the minimum requirements of inmate religious practices.

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 June 5, 2000.

TRD-200003911

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Effective date: June 25, 2000

Proposal publication date: April 28, 2000

For further information, please call: (512) 463-5505