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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 341GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS
SUBCHAPTER HCARRYING OF WEAPONS
RULE §341.808Written Policies and Procedures

Each juvenile probation department that employs a juvenile probation officer who is authorized to carry a firearm in accordance with the requirements in this subchapter must maintain and implement written policies and procedures that:

  (1) define which juvenile probation officers within the department are authorized to carry firearms;

  (2) specify the amount of required training hours in the following areas before a juvenile probation officer may carry a firearm in the course of the officer's duties:

    (A) use of an empty-hand defense tactic; and

    (B) use of at least one intermediate weapon;

  (3) specify the amount of continuing education hours required every two years for an officer to continue to carry a firearm in the course of the officer's duties;

  (4) require continuing education hours to be in areas that enhance the officer's skills and knowledge relating to the proficient and legal use of a firearm, empty-hand defense tactics, and intermediate weapons in the context of self-defense and defense of third parties, including the following topics, at a minimum:

    (A) use of force;

    (B) weapons retention; and

    (C) crisis intervention;

  (5) specify the duties and training requirements of the chief administrative officer or the direct supervisor of a juvenile probation officer in cases where the following circumstances exist:

    (A) a juvenile probation officer is authorized to carry a firearm in the course of his/her official duties; and

    (B) the direct supervisor of the juvenile probation officer does not carry a firearm in the course of his/her official duties;

  (6) require all training described in this section to be received from a TCOLE-certified instructor;

  (7) state whether firearms and intermediate weapons are to be purchased and maintained by the department or the individual officer;

  (8) require that the firearm and intermediate weapons remain under the control of the officer authorized to carry the firearm and weapon(s);

  (9) specify whether the firearm must be fully loaded when carried or worn when the officer is in the course of his/her official duties;

  (10) specify how credentials identifying the officer as a certified juvenile probation officer must be carried and/or displayed while the officer is carrying a firearm in accordance with this subchapter;

  (11) describe the circumstances and limitations under which the officer is justified to use force, which must be consistent with Chapter 9 of the Texas Penal Code;

  (12) specify the firearms to be carried, including the type of firearm, manufacturer, model, and caliber;

  (13) specify the type of ammunition authorized for use in the firearm;

  (14) specify the type(s) of intermediate weapons to be used;

  (15) state whether the firearm must be carried in plain view or concealed and the manner in which it must be worn or carried;

  (16) require documentation of each incident in which a juvenile probation officer, while in the course of his/her official duties, uses an empty-hand defense tactic, uses an intermediate weapon, or draws or discharges a firearm;

  (17) require the officer to carry an intermediate weapon at all times while the officer is carrying a firearm;

  (18) specify the manner in which the intermediate weapon(s) must be carried;

  (19) define the process for rescinding or suspending the authorization to carry a firearm;

  (20) prohibit the consumption of alcohol while carrying a firearm or intermediate weapon;

  (21) define the process for conducting an internal investigation when required by §341.806(b) of this title; and

  (22) require that a juvenile probation officer be placed on administrative leave or be reassigned to a position having no contact with juveniles or relatives of the juvenile involved in the incident when required by §341.806(d) of this title.


Source Note: The provisions of this §341.808 adopted to be effective January 1, 2017, 41 TexReg 5433

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