(a) General Administration.
(1) Purpose. Residential facilities and contract residential
beds funded by the Texas Department of Criminal Justice Community
Justice Assistance Division (TDCJ CJAD) shall provide the courts with
a sentencing alternative for the purpose of:
(A) Providing residential placement of offenders on
community supervision and others who are eligible in accordance with
statutes;
(B) Providing sanctions, services, and programs to
modify criminal behavior, deter criminal activity, protect the public,
restore victims of crime, and provide offenders with resources to
lead productive lives;
(C) Strengthening and expanding the options available
to judges to impose alternatives other than imprisonment for offenders;
and
(D) Reducing the offender's likelihood of a technical
violation or subsequent arrest, and recidivism.
(2) Feasibility Studies. A judicial district interested
in establishing a residential community corrections facility (CCF)
shall first conduct and prepare a feasibility study in accordance
with the TDCJ CJAD Feasibility Study Guidelines-Community Corrections
Facility. The product and results of such feasibility study shall
be submitted to the TDCJ CJAD. After receipt by the TDCJ CJAD of the
initial feasibility study related to a proposed CCF, the community
supervision and corrections department (CSCD) may be required to provide
supplemental information or additional materials for further review
and consideration.
(3) Notice of Construction or Operation of a CCF.
(A) If a CSCD or private vendor operating under a contract
with a CSCD or judicial district proposes to construct or operate
a CCF within 1,000 feet of a residential area, a primary or secondary
school, property designated as a public park or public recreation
area by the state or a political subdivision of the state, or a church,
synagogue, or other place of worship, the CSCD shall prominently post
an outdoor sign at the proposed location of the facility. The sign
shall be at least 24 by 36 inches in size written in lettering at
least two inches in size. The sign shall state that a correctional
or rehabilitation facility is intended to be located on the premises,
and provide the name and business address of the CSCD. The municipality
or county in which the CCF is to be located may require the sign to
be both in English and a language other than English, if it is likely
that a substantial number of the residents in the area speak a language
other than English as their familiar language.
(B) The CSCD shall provide notice of the proposed location
of the facility to the commissioners court of the county or governing
body of the municipality where the facility is intended to be located
no later than 60 days before the CSCD begins construction or operation
of the facility. The notice shall contain the following:
(i) A statement of the entity's intent to construct
or operate a correctional or rehabilitation facility in an area;
(ii) A description of the proposed location of the
facility; and
(iii) A statement that Texas Local Government Code §§244.001
- .026 governs the procedure for notice of and consent to the facility.
(4) Public Meetings. A CSCD or private vendor having
a contract with a CSCD or judicial district shall not establish a
CCF unless the CSCD has held a public meeting before the action is
taken. In addition, a CSCD may not expend funds provided by the TDCJ
CJAD to lease or purchase real property, construct buildings, or use
a facility or real property acquired or improved with state funds
for a CCF unless the CSCD has held a public meeting before the action
is taken. The public meeting shall be held at a site as close as practicable
to the location at which the proposed action is to be taken. The meeting
shall not be held on a Saturday, Sunday, or legal holiday. The meeting
shall begin after 6:00 p.m. More than 30 days before the date of the
meeting, the department that the facility is to serve, or a vendor
proposing to operate a facility, at a minimum shall:
(A) Publish by advertisement a notice that is no less
than three and one-half inches by five inches of the date, hour, place,
and subject of the hearing as required in subsection (a)(4) of this
rule in three consecutive issues of a newspaper of, or in newspapers
that collectively have, general circulation in the county in which
the proposed facility is to be located. The notice shall specifically
state the address of the facility or property on which a proposed
action is to be taken and provide a description of the proposed action.
(B) Mail a copy of the notice to each police chief,
sheriff, city council member, mayor, county commissioner, county judge,
school board member, state representative, and state senator who serves
or represents the area.
(5) Maximum Resident Capacity and Facility Utilization.
The maximum resident capacity of a CCF shall be defined as the total
number of residents who can be housed at the facility at any given
time as delineated by the operating agency in the most current community
justice plan and approved by the TDCJ CJAD director. CCFs funded through
TDCJ CJAD shall reach 90% capacity within the first six months of
operation and maintain a minimum of 90% thereafter, using appropriate
and eligible placements only. Any revisions to the maximum and minimum
resident capacities for the CCF shall be subject to approval by the
TDCJ CJAD through the community justice plan amendment process.
(6) Contract Residential Services. Business entities,
agencies, or persons contracting with CSCDs or judicial districts
for residential services shall comply with all applicable competitive
bidding and other laws and regulations. CSCDs or judicial districts
contracting with business entities, agencies, or persons for residential
services shall comply with any applicable competitive bidding and
other laws and regulations. The CSCD director shall monitor, audit,
and inspect the performance and compliance of the service provider
and vendor with the terms and conditions of the contract with the
CSCD and with applicable laws and regulations.
(7) Mission Statement. The CSCD director and facility
director shall prepare and maintain a mission statement that describes
the general purposes and overall goals of the facility's programs.
(b) Personnel.
(1) Screening for Tuberculosis (TB) Infection. The
CSCD director or facility director shall ensure that as soon as practicable
but no later than seven calendar days of assuming any duties within
a CCF, all staff undergo a screening for TB infection. Follow-up screening
for TB infection shall be conducted on all staff, at a minimum, once
every year from the anniversary date of the initial screening. The
results of all screenings shall be maintained on file.
(2) Required Personnel.
(A) Each facility with an employment component shall
have a designated employment coordinator whose duties and responsibilities
include assisting residents in obtaining and maintaining employment.
The employment coordinator shall be responsible for addressing other
employment issues for residents such as résumé development,
interviewing skills and techniques, and appropriate dress for job
interviews.
(B) Every facility shall have a designated staff member
whose duties and responsibilities include facilitating or ensuring
the required cognitive and other facility programs are accomplished.
(3) Criminal Histories and Arrest Records. Prior to
employment and on at least an annual or more frequent basis thereafter,
criminal histories and arrest records shall be obtained from both
the Texas Department of Public Safety (DPS) and National Crime Information
Center on each of the CCF's employees, contract vendor staff, if applicable,
and volunteers. This requirement shall apply to both vendor contracts
and the CSCD operated CCFs. Upon verification that no new conviction(s)
have occurred, an entry documenting such shall be made in the personnel
file. The criminal history document and other arrest record documentation
shall then be destroyed. Employees who have access to criminal histories
must meet DPS criteria for accessing the Texas Law Enforcement Telecommunication
System operated by the DPS or files containing a copy of an employee's
or resident's criminal history.
(4) Residential Officer Certification. Governed by §163.33(f)
of this title.
(5) Residential Personnel Training. Initial Training
Requirements and Defensive Driving are governed by §163.33(j)
of this title. Training Requirements for Monitoring Self-Administration
of Medications are set forth in subsection (n)(10) of this rule.
(c) Building, Safety, Sanitation, and Health Codes.
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