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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 6TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 163COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
RULE §163.39Residential Services

    (B) Rehabilitation programs based on the mission of the facility;

    (C) Community service restitution or work detail;

    (D) Recreational programs; and

    (E) Cognitive based programs.

  (2) Facilities serving other jurisdictions shall have a procedure in place designed to assist the resident in obtaining employment in the jurisdiction to which the resident will be released. At a minimum, an aftercare or supervision plan shall be provided to the original jurisdiction and shall outline aftercare or supervision strategies best designed to sustain progress.

  (3) Each facility shall have a family support program designed to educate family members in the goals of the facility and resident, as well as to incorporate family assistance during and after residency.

  (4) Each facility incorporating an employment component shall provide an initial programming phase of no less than 30 days prior to work release. A longer period of programming shall be provided depending upon documented risk/needs assessment and program progress.

(q) Mail, Telephone, and Visitation. The CSCD director and facility director shall have written policies, procedures, and practices which govern the facility's mail, telephone, and visitation privileges for residents, including mail inspection, public phone use, and routine and special visits. The policies shall address compelling circumstances in which a resident's mail both incoming and outgoing may be opened, but not read, to inspect for contraband.

(r) Religious Programs.

  (1) The CSCD director and facility director shall have written policies that govern religious programs for residents. The policies, procedures, and practices shall provide that residents have the opportunity to voluntarily practice the requirements of a resident's religious faith, have access to worship and religious services and the use or contact with community religious resources, when appropriate.

  (2) Under Texas Civil Practice & Remedies Code §§110.001 - .012, a CSCD or CCF may not substantially burden a resident's free exercise of religion except with the least restrictive measures in furtherance of a compelling interest. Pursuant to Texas Government Code §76.018, there is a presumption that a policy or practice that applies to a resident in the custody of a CCF is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. The presumption may be rebutted with evidence provided by the resident.


Source Note: The provisions of this §163.39 adopted to be effective April 15, 1997, 22 TexReg 3436; amended to be effective October 4, 1998, 23 TexReg 9775; amended to be effective June 11, 2000, 25 TexReg 5379; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2003, 28 TexReg 3065; amended to be effective February 12, 2008, 33 TexReg 1120; amended to be effective September 11, 2016, 41 TexReg 6763

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