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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 351STANDARDS FOR SHORT-TERM DETENTION FACILITIES
SUBCHAPTER BSHORT-TERM DETENTION FACILITY STANDARDS
RULE §351.15Residents' Rights

(a) Illegal Discrimination. Residents shall not be subjected to discrimination based on race, national origin, religion, sex, or disability.

(b) Supervision. Residents shall not be subjected to supervision and control by other residents. Supervision is to be exercised only by short-term detention officers .

(c) Legal Counsel. Residents have the right to confidential contact with attorneys through telephone, uncensored letters, and personal visits.

(d) Work. Residents may not be required to work unless the activity is related to general housekeeping or as required by a court order or deferred prosecution agreement for community service restitution.

(e) Visitation and Communication. Residents have the right to receive visitors and to communicate and correspond subject only to the limitations necessary to maintain facility security and control.

(f) Use of Medication. Except upon the order of a physician, no stimulant, tranquilizer, or psychotropic drug shall be administered to residents.

(g) Experimentation. Participation by residents in medical, pharmaceutical, or cosmetic experiments is prohibited.

(h) Grievances. The facility shall have a written grievance procedure with at least one level of appeal.

(i) Religion. Residents may participate in religious services and religious counseling voluntarily, subject to the limitations necessary to maintain facility security and control.

(j) Services.

  (1) Residents have the right to a program of services including:

    (A) one hour of physical exercise per day outside of the resident's cell/sleeping unit; and

    (B) one hour of unstructured activity per day outside of the resident's cell/sleeping unit.

  (2) Denial of a service under paragraph (1)(A) and (B) of this section shall not be used as a means of disciplining a resident. Denial of a service under paragraph (1)(A) of this subsection and paragraph (1)(B) of this subsection may only occur during the resident's assessment period under §351.4(k) of this title or if the resident poses a threat to himself or others.

(k) Treatment and Safety. Residents shall not be subjected to abuse, neglect or exploitation as defined in Chapter 261, Texas Family Code.


Source Note: The provisions of this §351.15 adopted to be effective September 1, 2003, 28 TexReg 2953

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