Part 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice proposes amendments to §151.6, Petition for the Adoption of a Rule. The amendments are necessary to conform to state law and add clarity.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five-year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to provide the public with an opportunity to participate in rulemaking.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code, §492.016, §2001.021 and Chapter 2008.
Cross Reference to Statutes: Texas Government Code, §492.013.
§151.6.Petition for the Adoption of a Rule.
(a) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ or Board) to encourage public input in the Board's rulemaking process.
(b)
[
(a)
] Submission of the petition.
(1) Any person may petition a
state agency
[
State Agency
] to adopt a rule as defined by the Texas Administrative Procedure Act,
Chapter
2001 of the Texas Government Code.
(2) A petition for a rule under Title 37 of the Texas
Administrative Code shall be mailed [
or delivered
] to the
General Counsel of Texas Department of Criminal Justice (TDCJ or the
Agency) at P.O. Box 13084, Austin, Texas 78711.
(3) The petition shall be in writing, shall contain
the petitioner's name and address [
,
] and shall describe
the rule and the reason for making such petition. If the General Counsel
determines that further information is necessary to assist the Agency
in reaching a decision, the General Counsel may require that the petitioner
resubmit the petition and that it contain:
(A)
A
[
a
] brief explanation of the proposed rule;
(B)
The
[
the
] text of the proposed
rule prepared in a manner to indicate the words to be added or deleted
from the current text, if any;
(C)
A
[
a
] statement of the statutory
or other authority under which the rule is to be promulgated;
(D)
Whether
[
whether
] there will
be an economic impact on persons required to comply with the proposed rule;
(E)
An economic impact statement which estimates
the number of small businesses subject to the proposed rule, projects
the economic impact of the rule on small businesses and describes
alternative methods of achieving the purpose of the proposed rule;
[
whether the proposed rule will have an effect on small or micro businesses;
and
]
(F) A regulatory flexibility analysis as defined in Texas Government Code, §2006.002; and
(G)
[
(F)
]
The
[
the
]
public benefit anticipated as a result of adopting the rule or the
anticipated injury
or
[
of
] inequity that could result from the failure to adopt the proposed rule.
(4) In addition to the petition, the person may submit a proposal for the adoption of the proposed rule through negotiated rulemaking. The proposal shall identify the potential participants for the negotiated rulemaking committee, possible third party facilitators and a timeline for the process.
(c)
[
(b)
] Consideration and
Disposition
[
disposition
] of the
Petition.
[
petition.
]
(1) Except as provided in subsection
(d)
[
(c)
] of this
rule,
[
section,
] the
Chairman, in consultation with the General Counsel,
[
Agency
]
shall consider and dispose of all petitions submitted.
(2) Within 60 days after receipt of the petition by
the General Counsel, or within 60 days after receipt by the General
Counsel of a resubmitted petition in accordance with subsection (a)(3)
of this
rule,
[
section,
] the
Chairman, in consultation with the General Counsel,
[
Agency
]
shall deny the petition or institute rulemaking procedures in accordance
with established Agency procedures and the
Texas Administrative Procedure Act. The
Chairman, in consultation with the General Counsel,
[
Agency
] may deny parts
of the petition or institute rulemaking procedures on parts of the petition.
(3) The Board may initiate a negotiated rulemaking process pursuant to Texas Government Code, Chapter 2008, upon the filing of a petition to initiate the rulemaking proceeding under subsection (b) of this rule.
(4)
[
(3)
] If the
Chairman, in consultation with the General Counsel,
[
Agency
]
denies the petition, the General Counsel shall give the petitioner
written notice of the Agency's denial and the reasons for the denial.
(d)
[
(c)
] Subsequent
Petitions to Adopt the Same or Similar Rule.
[
petitions to adopt the same or similar rule.
] The General Counsel may refuse to
consider any subsequent petition for the adoption of the same or similar
rule submitted within six
(6)
months after the date of the initial petition.
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 January 23, 2008.
TRD-200800321
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice proposes amendments to §159.13, Educational Services to Released Offenders/Memorandum of Understanding. The proposed amendments are necessary to add clarity and expand the locations where the memorandum of understanding are filed.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five-year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to offer releasees educational opportunities that will assist them in the successful reintegration into the community and help them to succeed.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code, §508.318.
Cross Reference to Statutes: Texas Government Code, §492.013.
§159.13.Educational Services to Released Offenders/Memorandum of Understanding.
(a) The Texas Department of Criminal Justice
(TDCJ)
adopts
[
by reference
] a memorandum of understanding with the Texas Education Agency
(TEA) concerning
[
, 19 TAC §89.1311
(relating to Memorandum of Understanding to Provide Educational Services
to Released Offenders), establishes
] the respective responsibilities
of the
TDCJ
[
board
] and the
TEA
[
agency
] in implementing a continuing educational program to increase
the literacy of releasees.
Figure: 37 TAC §159.13(a) (.pdf)
(b) The memorandum of understanding is required by the Texas Government Code, §508.318, as added by the 75th Texas Legislature, 1997, Chapter 165, §12.01.
(c) Copies of the memorandum of understanding are filed
with
[
in
] the [
Office of
] Texas Education
Agency, 1701 North Congress Avenue, Austin, Texas 78701
and with the TDCJ Parole Division, 8610 Shoal Creek Blvd., Austin, Texas 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 January 23, 2008.
TRD-200800322
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice proposes amendments to §163.5, Waiver to Standards. The proposed amendments are necessary to add clarity.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five-year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to ensure a fair process for issuing waivers to Community Supervision and Corrections Departments.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code, §509.003.
Cross Reference to Statutes: Texas Government Code, §492.013.
§163.5.Waiver to Standards.
A Community Supervision and Corrections Department (CSCD)
or other state-aid recipient may request a waiver to a standard or
standards from the Texas Department of Criminal Justice-Community
Justice Assistance Division (TDCJ-CJAD) director. The TDCJ-CJAD director
may grant a waiver upon receipt, examination and approval of the waiver request.
[
The TDCJ-CJAD director may grant a waiver to
a CSCD, or other state-aid recipient, from a standard or standards
upon receipt, examination and approval of a request for waiver by
TDCJ-CJAD.
] The request for waiver
shall
[
must
]
include a plan to comply with
the
[
said
] standard or standards by a certain date [
,
] and an explanation [
as
to
] why the CSCD is not currently in compliance with
the
[
said
] standard or standards.
When a determination has been
made that the CSCD is not in compliance with a standard, the CSCD
director shall immediately submit a written request for a waiver of
the standard to the TDCJ-CJAD director.
[
When out of compliance
with any standard, the request for waiver of standards must immediately
be submitted by the CSCD director to the TDCJ-CJAD director.
]
If the waiver is approved by the TDCJ-CJAD director, the waiver
shall
become
[
becomes
] part of the audit record for compliance with that standard.
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 January 23, 2008.
TRD-200800323
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice proposes amendments to §163.33, Community Supervision Officers. The amendments are necessary to conform to state law and add clarity.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five-year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be certified and well-trained community supervision officers.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code, §509.008 and §509.009.
Cross Reference to Statutes: Texas Government Code, §492.013 and §509.003.
§163.33.Community Supervision Officers.
(a) Eligibility. In accordance with Texas Government
Code §76.005, to be eligible for employment as a Community Supervision
Officer
[
Officers
] (CSO) who supervises offenders, a person:
(1)
Shall
[
must
] have a bachelor's
degree conferred by an institution of higher education accredited
by an accrediting organization recognized by the Texas Higher Education
Coordinating Board; and
(2)
Unless
[
unless
] the bachelor's
degree is in criminal justice, criminology, corrections, counseling,
human services development, law, law enforcement, police science,
pre-law, public administration, rehabilitative studies, social work,
psychology, or sociology, the person
shall
[
must
]
have:
(A)
A minimum of
one
(1)
year of graduate study in one
(1)
of
the
[
those
]
fields
listed in (a)(2) of this rule
; or
(B)
A minimum of
one
(1) year
of experience in full-time casework, counseling[
,
] or community
or group work; or
(C)
Other
[
other
] education or
experience, documented by letter in the employee's personnel file
indicating the employee was
[
, which indicates that they were
]
the most qualified applicant at the time of hiring. Such letter shall
be signed by the
Community Supervision and Corrections Department (CSCD) director.
[
CSCD Director.
]
(3)
Cannot
[
cannot
] be employed
as a peace officer or work as a reserve or volunteer peace officer; and
(4)
Cannot
[
cannot be
] currently
be
on community supervision
,
[
or
] parole
or serving a sentence for a criminal offense.
(b) Training.
(1)
The
CSCD directors [
,
]
and
assistant directors,
Community Corrections Facility
(CCF)
[
CCF
] directors [
,
]
and
assistant
[
CCF
] directors, CSO supervisory staff
,
[
and
]
CSOs
and residential CSOs with less than four (4) years of experience
shall
complete
[
obtain
] not less than 80 documented hours of professional
,
skill-based training each biennium.
(A) At least 40 of the hours shall be professional, skill-based training with topics related to the case management work of a CSO.
(B)
Up to 40 hours in excess of the
80 required hours may be carried over to the next biennium.
[
Forty
hours are to be approved by the CSCD director and 40 hours to be approved
by the TDCJ-CJAD director, or her/his designee. Up to 40 hours, in
excess of the 80 hours, may be carried over from one biennium to the
next. A certified CSO who fails to obtain the required 80 hours of
training within a biennium will be ineligible to serve as a CSO. A
CSO, exempt from certification, who fails to obtain the required 80
hours of training within a biennium, will be ineligible to serve as
a CSO until the required hours are obtained.
]
(C) A certified CSO who fails to complete the required 80 hours of training within a biennium shall be ineligible to continue serving as a CSO until the required hours are completed. A CSO who is exempt from certification as defined in subsection (c)(4) of this rule and fails to complete the required 80 hours of training within a biennium, shall be ineligible to continue serving as a CSO until the required hours are completed.
(2) CSCD directors and assistant directors, CCF directors and assistant directors, CSO supervisory staff, CSOs and residential CSOs with four (4) or more years of experience at the close of business on August 31 of any biennium, shall complete at least 40 documented hours of professional, skill-based training each biennium.
(A) Up to two (2) of the four (4) years of required experience may have been earned through work in juvenile probation or parole, adult parole or similar work in other states. At least two (2) of the required four (4) years shall have been earned as a full-time, wage-earning officer in Texas community supervision. The required four (4) years need not be continuous.
(B) Up to 20 hours in excess of the 40 required hours may be carried over to the next biennium.
(C) A certified CSO who fails to complete the required 40 hours of training within a biennium shall be ineligible to serve as a CSO until the required hours are completed. A CSO who is exempt as defined in subsection (c)(4) of this rule from certification and fails to complete the required 40 hours of training within a biennium, shall be ineligible to serve as a CSO until the required hours are completed.
(3) Training that meets the following criteria shall be considered professional, skill-based training:
(A) The training program specifies behavioral learning objectives for the participants, as a result of the training program, and the participants learn a skill or gain specific knowledge in actual day-to-day community supervision work.
(B) Case management topics may include, but not be limited to, knowledge that reinforces and/or updates a current skill, or are related to evidence based practices, motivational interviewing, progressive sanctions or specific knowledge to enhance the participants' performance. Professional, skill-based sessions are distinguished from information dissemination sessions.
(4)
The CSCD director or [
his/her
]
designee shall ensure that training records
for all staff identified
in subsections (b)(1) and (2) of this rule
are maintained and
available for
Texas Department of Criminal Justice - Community
Justice Assistance Division (TDCJ-CJAD)
[
TDCJ-CJAD
]
auditors. Those records shall reflect the following
for each staff member
:
(A)
[
(1)
]
The
[
the
]
number of training hours accrued
and the dates of the training
;
(B)
[
(2)
]
The specific training programs
[
the type of training
] attended with supporting documentation;
(C)
[
(3)
]
The
[
specification
of the
] number of accrued hours
and the number of hours
[
that are
] approved by the CSCD director
as professional, skill-based training
;
and
[
(4)
the number of accrued hours that
are approved by the TDCJ-CJAD director; and
]
(D)
[
(5)
]
The
[
the
]
number of training hours carried over from one
(1)
biennium to another.
(c)
New CSO
Certification.
A newly
hired
[
Any
] CSO
shall
[
who is first employed by a CSCD director or judicial district in this state after
September 1, 1987, is required to
] complete the certification
course work and
achieve
[
obtain
] a passing grade on the certification examination within one
(1)
year of the beginning date of employment as a CSO.
(1)
A new, uncertified CSO who fails
[
An officer failing
] to achieve certification within one
(1)
year of
the CSO's
[
their
] employment date may not
continue to be employed as a CSO beyond the specific date by which
the CSO is
[
they are
] to have achieved certification
[
,
] unless
the
TDCJ-CJAD has granted an extension for
the
completion of course work and
the
examination as allowed by law. [
A CSO who was employed by any CSCD in this
state on or at any time before September 1, 1987, is exempt from the
requirements of the certification program.
]
(2)
[
(d)
] [
Certification Examination.
] A new
, uncertified
CSO [
, employed on or after September 2, 1987
], who completes the certification course work but fails
to achieve a passing grade on
the
certification
examination [
,
]
shall
[
will
]
be allowed to take the examination
a second
[
one more
]
time.
A CSO who fails
[
An officer failing
] the
examination a second time,
shall
[
will be required
to
] complete the certification course work again before being
allowed to take the examination
for the
[
a
]
third and final time.
(3)
CSOs
are
[
will be
]
eligible to pursue [
the
] certification [
requirements
]
two
(2)
years after the last testing date and are ineligible
to supervise direct cases until certification is achieved.
(4) A CSO who was employed by any CSCD in Texas on or before September 1, 1989 is exempt from the requirements of the certification program.
(d)
[
(e)
] Exempt
CSO
[
Officers
] Certification. Certification course work and the certification examination
shall
[
will
] be available to
those
CSOs
who were
appointed prior to September 2,
1989.
[
1987.
] An exempt
CSO
[
officer
]
who wishes to be certified
shall
[
will
] be given
one
(1)
opportunity to pass the certification examination
in order to be certified. If the
exempt
CSO fails the examination, the CSO shall [
officer must
] complete the certification
course work before attempting to pass the examination again.
(e)
[
(f)
] Residential
CSO
[
Officer
] Certification. A residential CSO,
who was
employed
or appointed as such on or after September 2, 1989, shall satisfactorily
complete the
residential certification
course work and examination [
for residential certification
] offered by
the
TDCJ-CJAD not later than the first anniversary of the date
on which the
CSO began
[
officer begins
] employment
with the
CSCD
[
department's
] residential facility. Provisions of subsections
(b) through (g)
[
(c) - (h)
]
of this
rule
[
section
] shall also apply to
any
residential CSO.
(f)
[
(g)
] Recertification
upon
Re-employment.
[
Once an officer is certified, if the CSO
fails to maintain certification, recertification will be immediately
required by successful completion of the certification examination.
An officer who fails the examination must complete the certification
course work for recertification.
]
(1)
A
[
If a
] CSO who is subject to the certification provisions of [
CJAD Standard
]
subsection (c) of this
rule
[
section,
] and who
leaves the employment of a Texas CSCD for more than one (1) year after
having
[
has
] been employed as a CSO for one
(1)
year or longer
is required
[
, leaves the employment of a
Texas CSCD for more than one year the CSO is required
] to become recertified. Such recertification
shall
[
must
]
be accomplished within one
(1)
year of re-appointment
through
the CSO
[
by
] taking and
achieving a passing grade on
[
successfully passing
] the CSO
examination.
[
Certification exam.
]
If the CSO
[
An
officer who
] fails the
examination, the CSO shall
[
exam must
] complete the CSO certification course
work
and
achieve a passing grade on the examination
[
pass the exam
]
to be recertified.
(2)
A CSO
who is
subject to the certification provisions of [
CJAD Standard
] subsection
(c) of this
rule
[
section,
] and who
leaves the employment of a Texas CSCD for more than one (1) year after having
[
has
] been employed as a CSO for less than one
(1)
year
shall be recertified.
[
and leaves the employment of a Texas
CSCD for more than one year, is required to become recertified.
]
Such recertification shall be accomplished within one (1) year of
re-appointment through the CSO's completion of
[
by completing
] the CSO certification course
work
and
achieving a passing grade on the examination.
[
successfully passing the exam.
]
(g)
[
(h)
] Certification Status.
A CSO
[
An officer
] who fails to maintain [
his/her
]
CSO certification or residential certification by not
completing the required
[
obtaining 80
] hours of training in accordance with subsection (b) of this
rule
[
section,
]
is immediately ineligible to supervise direct cases until recertification
is achieved.
Recertification shall be immediately required by
achieving a passing grade on the certification examination. An officer
who fails the examination shall complete the certification course
work for recertification.
(h)
[
(i)
] Dual Certifications.
A residential CSO shall
[
Residential CSO's are required to
] be certified as a CSO and [
to further
] obtain
additional
certification in residential service.
A residential CSO shall
[
They must
] complete both certification courses
in
[
as noted by
] the time frames specified in subsections
(c)
through
[
and
] (f) of this
rule.
[
section.
] However,
a residential CSO needs
[
they
]
only [
need
] to complete 80 hours
(or 40 hours for
experienced CSOs and residential CSOs)
of
professional,
skill-based
training related to community supervision and residential programs
per biennium as specified in subsection (b) of this
rule
[
section
] to maintain both certifications.
(i)
[
(j)
] Residential Personnel
Training. [
All CSCD direct care staff of a residential facility
shall be provided at least 40 hours of documented professional skill
based training per biennium. At least 20 training hours per biennium
shall be applicable to the needs of the population served by the facility.
All of the hours shall be approved by the CSCD Director. At least
20 of the hours per biennium must be approved by the TDCJ-CJAD director
or his/her designee. The CSCD director shall have written policy regarding
training records for each employee that are maintained to reflect
the following: the number of training hours accrued, the type of training
attended with supporting documentation, specification of the number
of accrued hours that are approved by the CSCD Director, the number
of accrued hours that are approved by the TDCJ-CJAD director, and
the number of training hours carried over from one biennium to another.
A maximum of 20 hours earned per biennium, which are in excess of
the 40 required hours that biennium, may be carried over to the next
biennium. All direct care staff of a residential facility shall receive
training in the reintegration model training programs offered by the
TDCJ-CJAD within the first anniversary of their hire date.
]
(1) Initial Training Requirements. Within one
(1)
year from the date of employment with the facility, all direct care staff
shall receive initial training in [
the following areas:
]
ethics; discrimination/sexual harassment [
issues
]; first
aid procedures; cardiopulmonary resuscitation (CPR) procedures; and
HIV/AIDS education. Direct care staff shall continue to receive the
[
necessary
] training [
as
] dictated by the guidelines
of the granting authority that provided the initial training in first
aid and CPR procedures.
(2) All residential direct care staff, including vendor staff, of a residential facility, with less than four (4) years of experience at the close of business on August 31 of any biennium, shall be required to complete a minimum of 40 hours of documented professional, skill-based training per biennium.
(A) A minimum of 20 training hours per biennium shall be specific to the needs of the offender population served by the facility.
(B) Up to 20 hours in excess of the 40 required hours may be carried over to the next biennium. All direct care staff of a residential facility shall receive case management training offered by the TDCJ-CJAD before the first anniversary of their hire date.
(3) Direct care residential staff with four (4) or more years experience at the close of business on August 31 of any biennium, shall be required to complete at least 20 documented hours of professional, skill-based training each biennium.
(A) A maximum of two (2) years of prior employment as a correctional officer or direct care staff in a juvenile facility, jail, parole facility, state jail facility, prison, contract (private vendor) residential facility or similar work in a facility in another state may be counted toward the four (4) year experience requirement. At least two (2) of the required four (4) years shall have been as a full-time, wage earning direct care staff in a CCF funded by the TDCJ-CJAD in Texas. The required four (4) years need not be continuous.
(B) The reduced number of hours of required professional, skill-based training for the direct care residential staff who have at least four (4) years of experience shall not affect or reduce the training requirements regarding CPR, first aid or defensive driving. A maximum of ten (10) hours earned in excess of the 20 required hours, may be carried over to the next biennium. Any member of the direct care residential staff who fail to complete the required 20 hours of training within a biennium shall be ineligible to serve as direct care residential staff until the required hours are completed.
(4)
[
(2)
] Defensive Driving. All direct care staff [
,
] whose primary duties include transporting offenders [
,
] shall attend a defensive driving course
by the first anniversary of their hire date.
[
within one year from date of employment.
] Direct care staff shall take
defensive driving courses as needed to maintain certification.
(5) The CSCD director shall have a written policy that requires the maintenance of training records for each employee and vendor staff that reflect:
(A) The number of training hours accrued and the dates of the training;
(B) The specific programs attended with supporting documentation;
(C) The number of accrued hours and the number of hours approved by the CSCD director as professional, skill-based training; and
(D) The number of training hours carried over from one (1) biennium to another.
(j)
[
(k)
] Supervision Officers of
Substance Abuse Felony Punishment Facility (SAFPF)
[
SAFPF
] Program Participants.
CSOs
[
Supervision officers
]
who supervise participants in the
SAFPF
[
substance abuse felony punishment facility (SAFPF)
] program shall be required to attend and complete
the
TDCJ-CJAD approved training
designed specifically for officers who supervise SAFPF program participants
during the course of treatment in a SAFPF and in the continuum of
care component of the SAFPF program. The required training shall be
completed within 12 months of being assigned supervision of SAFPF
program participants, unless
the
TDCJ-CJAD has granted
an extension for completion of the course work.
CSOs
[
Supervision officers
] who supervise SAFPF program participants as of the
adoption date of this requirement and who have not attended the required
training,
shall
[
must
] complete the training within 12 months of the adoption date.
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 January 23, 2008.
TRD-200800324
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice proposes amendments to §163.38, concerning Sex Offender Supervision. The proposed amendments are necessary to add clarity and conform to state law.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the amendments will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first-five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to enhance public safety through the effective supervision of sex offenders.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code, §76.016 and §509.003 and Texas Code of Criminal Procedure, art. 42.12 and Chapter 62.
Cross Reference to Statutes: Texas Government Code, §492.013.
§163.38.Sex Offender Supervision.
(a) Definitions.
(1)
Jurisdictional Authority--A
[
"Jurisdictional authority" means a
] sentencing court, the Board of Pardons and Paroles
(BPP)
[
,
] or a division of the Texas Department of Criminal Justice
(TDCJ)
as applicable to the offender.
(2)
Sex Crime--A
[
"Sex offense" means a
] reportable offense under Art.
62.001(5), Texas
[
62.01(5),
] Code of Criminal Procedure
(TCCP)
.
(3)
Sex Offender--An
[
"Sex offender" means an
] offender who:
(A)
Is convicted of committing or adjudicated
to have committed a sex crime under state or federal law;
[
has a current conviction or deferred adjudication for a sex offense;
]
(B)
Is awarded deferred adjudication for a sex
crime under state or federal law;
[
has a prior conviction
or deferred adjudication for a sex offense and has been ordered by
the jurisdictional authority to participate in sex offender supervision
or treatment; or
]
(C) Is convicted of, adjudicated to have committed or awarded deferred adjudication for an offense that is based on sexually motivated conduct; or
(D)
[
(C)
]
Has
[
has
]
been ordered by the jurisdictional authority to participate in sex
offender supervision or treatment.
(b)
Community Supervision and Corrections Departments
(CSCDs)
[
CSCDs
] supervising sex offenders shall ensure
consistency in the manner in which sex offenders are supervised throughout
the department. Policies and procedures shall be developed that, at
a minimum, include the following:
(1) Contact standards as per
37 Texas Administrative Code (TAC)
[
TDCJ-CJAD Standard
] §163.35(c)(7);
(2) Sex offender registration as per TCCP, Chapter 62:
(3) DNA collection as per TCCP , art. 42.12, Sec. 11(a)(22);
(4) Violation procedures as per
37 TAC
[
TDCJ-CJAD
Standards
] §163.35(c)(9);
(5) Victim services as per Texas Government Code
,
[
Annotated
]
§
76.016;
(6) Treatment referral process as per TCCP , art. 42.12, Sec. 13B(c);
(7) Treatment participation requirements;
(8) Team approach to supervision;
(9) Sharing of information/documentation with the appropriate
agencies;
[
agency;
] and
(10) Specialized caseload size, if applicable.
(c) CSCDs shall develop policies and procedures that
address the needs and safety of victims or potential victims. The
policies may include collaborating with victims, victim advocates[
,
]
or sexual assault task forces in the supervision and treatment of
sex offenders.
(d)
Community Supervision Officers (CSOs)
[
CSOs
] shall use a record keeping system to document all significant
actions, decisions, services rendered and periodic evaluations in
the offender's case file, including the offender's status regarding
level of supervision, compliance with the conditions of community
supervision, progress with the supervision plan, and responses to
intervention.
(e) CSOs shall collaborate with collateral sources.
Collateral sources may include treatment providers, polygraph examiners,
significant others, sex offender registration personnel, sex offenders'
families, local law enforcement, schools, Children's Protective Services
(CPS)
, employers, chaperones[
,
] and victim service
providers.
(f) CSOs shall recommend that conditions be tailored to the sex offender's identified risk.
(g) CSOs shall make face-to-face, field visits[
,
]
and collateral contacts with the offender, family, community resources[
,
] or other persons pursuant to and consistent with a supervision
plan and the level of supervision on which the offender is being supervised.
Each CSCD director shall establish supervision contact and casework
standards at a level appropriate for that jurisdiction, but in all
cases, offenders at higher levels of supervision shall receive a higher
level of contacts than offenders at lower levels of supervision. Supervision
contacts shall be specified in the CSCDs written policies and procedures.
(h) CSCD directors shall work in conjunction with the
local judiciary to specify written policies and procedures wherein
CSOs may make recommendations to the courts regarding violations of
conditions of community supervision, as well as when violations may
be handled administratively. The availability of the continuum of
sanctions or
alternatives
[
alternative
] to incarceration shall be considered by the
CSO
[
community supervision officer
] and recommended to the court in eligible cases as determined
appropriate by the jurisdiction.
(i) CSOs shall timely transmit information regarding supervision and treatment at the time supervision is transferred.
(j) In addition to the above, CSCDs may operate specialized caseloads for sex offenders. In this event, CSCDs shall have a written policy that :
(1) Establishes minimum qualifications for CSOs supervising sex offenders;
(2) Determines the minimum training requirements for CSOs supervising sex offenders; and
(3) Specifies the number of staff required for the increased level of supervision essential for the specialized supervision of sex offenders. The recommended CSO to offender ratio is one (1) to 45.
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 January 23, 2008.
TRD-200800325
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice proposes amendments to §163.41, concerning Medical and Psychological Information. The proposed amendments are necessary to conform the rule to state law and to add clarity.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the amendments will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five-year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to ensure that Community Supervision and Correction Department (CSCD) directors develop and implement policies relevant to Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) in accordance with the guidelines established by the Texas Department of State Health Services and to ensure that all records and information concerning an offender's physical or mental state, including all information pertaining to an offender's HIV-AIDS status, are confidential in accordance with state and federal law.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code, §509.003 and Texas Health and Safety Code §85.142.
Cross Reference to Statutes: Texas Government Code, §492.013 and Texas Health and Safety Code, §§85.001, 85.141, 85.143 and Chapter 614.
§163.41.Medical and Psychological Information.
(a) Human Immunodeficiency Virus (HIV) and Acquired
Immune Deficiency Syndrome (AIDS) Policies.
Community Supervision
and Corrections Department
[
CSCD
] directors shall
develop and implement policies relevant to HIV in accordance with
guidelines established by the Texas Department of
State
Health
Services
and adopted by the
Texas Department of Criminal
Justice - Community Justice Assistance Division (TDCJ-CJAD).
[
TDCJ-CJAD.
] These policies
shall
[
will
]
be incorporated in the CSCD's administrative manuals and shall include,
at a minimum,
but not be limited to, the following:
(1)
Education/Training;
[
education/training;
]
(2)
Confidentiality;
[
confidentiality;
]
(3)
Workplace
[
workplace
] guidelines;
and
(4)
Supervision
[
supervision
]
of individuals with HIV or AIDS infection.
(b) Employee Training. In accordance with
state law,
[
statute,
] each employee of the CSCD shall attend
an HIV-AIDS training program[
,
] within the first year of employment
and each year thereafter
. Education programs
for employees shall include information and training relating to infection
control procedures.
(c) HIV Confidentiality. Information regarding HIV-AIDS
testing and results is confidential
and
[
. HIV-AIDS information
] shall be maintained in a safe and secure manner
.
Access
[
with access
] to this confidential information
shall be
restricted to only those persons who have been authorized
to receive this information by law or with a duly executed release
and waiver of confidentiality. The CSCD may disclose HIV-AIDS information
relating to special offenders in accordance with Texas Health and
Safety Code, Chapter 614 and [
the
] other
state and federal law.
[
statutes and authorities set forth in TDCJ-CJAD's
Community Supervision and Corrections Department Records manual (October
10, 2000), as amended from time to time.
]
(d) Medical and Psychological Information. All records
and other information concerning an offender's physical or mental
state, including all information pertaining to an offender's HIV-AIDS
status, are confidential
in
[
n
] accordance with the statutes and other
state and federal law.
[
authorities
set forth in the above-referenced TDCJ-CJAD's Community Supervision
and Corrections Department Records manual.
] Medical and psychological
information shall be maintained in a safe and secure manner
.
Access
[
with access to
] this confidential information
shall be
restricted to only those persons who have been authorized
to receive this information by law or with a duly executed release
and waiver of confidentiality from the offender. The CSCD may disclose
medical and psychological information relating to special needs offenders
in accordance with Texas Health and Safety Code, Chapter 614 and [
the
] other
state and federal law.
[
statutes and
authorities identified in the aforementioned TDCJ-CJAD manual.
]
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 January 23, 2008.
TRD-200800326
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice proposes amendments to §163.43, concerning Funding and Financial Management. The proposed amendments are necessary to conform the rule to state law and to add clarity.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the amendments will be in effect, enforcing or administering the amended rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five-year period, there will not be an economic impact on persons required to comply with the amended rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the amended rule, will be to ensure to sound fiscal management and accountability of Community Supervision and Corrections Departments.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code, §509.003 and §509.004.
Cross Reference to Statutes: Texas Government Code, §§76.004, 76.008, 76.009, 76.010, 492.013 and Chapter 551, and Texas Local Government Code §140.003 and §140.004.
§163.43.Funding and Financial Management.
(a) Funding
(1) Qualifying for
Texas Department of Criminal
Justice Community Justice Assistance Division (TDCJ-CJAD)
[
TDCJ-CJAD
] Formula and Grant Funding
Community Supervision and Corrections Departments (CSCDs)
[
CSCDs
] qualify for TDCJ-CJAD state aid by:
(A)
Being
[
being
] in substantial compliance with TDCJ-CJAD standards;
(B)
Having
[
having
] a community
justice council that serves the jurisdiction as required by law;
(C)
Having
[
having
] a TDCJ-CJAD approved community justice plan with related budgets;
(D)
Having
[
the district judge(s) appointing
] a director
, appointed as described in Texas Government
Code §76.004,
to administer all CSCD funds;
(E)
Having
[
having
] a fiscal officer appointed by the district judge(s)
manage
[
managing
] the CSCD as set forth in subsection (b) of this
rule;
[
section;
] and
(F)
Complying
[
except for CSCDs that
can legally be managed by no more than one judge, the district judges
complying
] with the Open Meetings Act, Chapter
551, Texas Government Code, when meeting to finalize the CSCD budget
as required by Texas Local Government Code §140.004.
(2) Other Entities Qualifying for TDCJ-CJAD Grant Funding.
In addition to CSCDs, counties, municipalities[
,
] and nonprofit
organizations qualify for TDCJ-CJAD grant funding by:
(A)
Being
[
being
] in substantial compliance with TDCJ-CJAD grant conditions;
(B)
Having
[
having
] budgets related to the program proposal; and
(C)
Designating
[
the grant funding recipient designating
] a chief fiscal officer to account for,
protect, disburse[
,
] and report on all TDCJ-CJAD grant
funding, and
prescribing
to [
prescribe
] the accounting procedures related thereto.
(3) Allocating State Aid. State aid
shall
[
will
] be made available to eligible funding recipients in accordance
with the applicable statutory requirements and items set forth in
the
Financial Management Manual for TDCJ-CJAD Funding
issued by TDCJ-CJAD.
(4) Awarding TDCJ-CJAD Grant Funding. CSCDs, counties, municipalities[
,
] and nonprofit organizations who are eligible to receive grant funding
shall
[
must
] meet requirements as set forth in the
Financial Management Manual for TDCJ-CJAD Funding
and be approved by the TDCJ-CJAD
director
[
Director
] to receive such funds. Grant funding
shall
[
will
] be made available in accordance
with statutory requirements and items as set forth in the Financial Management Manual for TDCJ-CJAD Funding.
(b) Financial Procedures.
(1) Requested Information from CSCDs and Other Potentially
Eligible TDCJ-CJAD Funding Recipients. Each funding recipient shall
present data, documents[
,
] and information requested by
the TDCJ-CJAD as necessary to determine the amount of state financial
aid to
be allocated to the recipient.
[
which the funding recipient is entitled.
] A funding recipient receiving TDCJ-CJAD
funding shall submit such reports, records[
,
] and other
documentation as required by the TDCJ-CJAD.
(2) Deposit of TDCJ-CJAD Funding. In accordance with
Texas Local Government Code §140.003, each CSCD, county[
,
]
or municipality shall deposit all TDCJ-CJAD funding received in a
special fund of the county treasury or municipal treasury, as appropriate,
to be used on behalf of the department and as the CSCD directs. Nonprofit
organizations shall deposit all TDCJ-CJAD funding received in a separate
fund, to be used solely for the provision of services, programs[
,
]
and facilities approved by TDCJ-CJAD.
(3) Fee Deposit. Community supervision fees and payments by offenders shall be deposited into the same special fund of the county treasury receiving state financial aid, to be used for community supervision and correction services.
(4) Restrictions on CSCD Generated Revenue. CSCD generated
revenue shall be used[
:
] in accordance with statutory requirements and [
with the
] items set forth in the
Financial Management Manual for TDCJ-CJAD Funding
[
(October 1, 1999), as amended from time to time
].
(5) Available Records. The funding recipient and/or
the fiscal officer accounting for, disbursing[
,
] and reporting
on the TDCJ-CJAD funding shall make financial, transaction, contract,
computer and other records available to TDCJ-CJAD. Funding recipients
shall provide financial reports and other records to TDCJ-CJAD as
set forth in the referenced
Financial Management
Manual for TDCJ-CJAD Funding.
(6) Budgets. Funding recipients shall prepare and operate
from a budget(s) developed and approved within the guidelines set
forth in the referenced
Financial Management
Manual for TDCJ-CJAD Funding
[
, as amended from time to time
].
(7) Funding Recipient Obligations. Funding recipients
shall comply with all funding provisions as set forth in the Financial Management Manual for TDCJ-CJAD Funding and
any special conditions associated with
the
[
their
]
respective funding awards.
(8) Honesty Bond. CSCD directors shall ensure that all public monies are protected by requiring that all employees with access to monies are covered by honesty bonds and all funds maintained on CSCD premises are protected by appropriate insurance or bonding.
(9) Travel Reimbursements. Mileage and per diem shall not be less than the state rates and no higher than the county rates if the county rates are higher than the state rates.
(c) Determination and Recovery of Unexpended Monies. Determination and return by the CSCD of unexpended funds shall be in accordance with the Financial Management Manual for TDCJ-CJAD Funding.
(d) Facilities, Utilities[
,
] and Equipment.
(1) CSCDs. In accordance with Texas Government Code §76.008, the county or counties served by a CSCD shall provide, at a minimum, the following facilities, equipment and utilities for the department.
(A) Minimum Facilities for CSCDs. Each
community supervision officer (CSO)
[
CSO
] shall be provided
a private office. Each office shall have the necessary lighting, air
conditioning, equipment, privacy[
,
] and environment to
provide and promote the delivery of professional community corrections
services.
(B) Minimum Utilities for CSCDs. Each CSCD office shall be provided adequate utilities necessary to provide efficient and professional community corrections services.
(C) Minimum Equipment for CSCDs. Each CSO shall be
furnished adequate furniture, telephone[
,
] and other equipment
as necessary and consistent with efficient office operations. Adequate
insurance, maintenance[
,
] and repair of the CSCD's equipment
shall be maintained.
(D) Location. Each CSCD office providing direct court services shall be located in the courthouse or as near to the courthouse as practically possible to promote prompt and efficient services to the court.
(E) Satellite Offices. Satellite CSCD offices shall
be established in the area of the judicial district to provide efficient
supervision of and service to offenders as dictated by population,
caseload size[
,
] or geographical distance.
(2) Inventory. Inventory and disposal of equipment,
furniture[
,
] and/or vehicles purchased with program funds
shall
[
will
] follow the guidelines in the Financial Management Manual for TDCJ-CJAD Funding
[
(October 1, 1999) as amended from time to time
]. In addition:
(A) All equipment, furniture[
,
] and vehicles purchased with program funds
shall
[
are to
]
be inventoried with TDCJ-CJAD in accordance with procedures set forth
in the referenced
Financial Management Manual for TDCJ-CJAD Funding.
(B) Any CSCD or other entity wanting to dispose of equipment, furniture, and/or vehicles purchased with program funds shall adhere to procedures set forth in the referenced Financial Management Manual for TDCJ-CJAD Funding.
(e) Certification of Facilities, Utilities[
,
]
and Equipment for CSCDS. Certification of facilities, utilities[
,
]
and equipment for CSCDs shall be in accordance with Texas Government
Code §76.009 and §76.010, and as provided [
for
]
in the referenced Financial Management Manual
for TDCJ-CJAD Funding
[
, as amended from time to time
].
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 January 23, 2008.
TRD-200800327
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 463-0422