| (a) Counties will send commitment papers on inmates
sentenced to the Texas Department of Criminal Justice (TDCJ) to the
TDCJ Classification and Records Office (CRO) immediately following
completion of the commitment papers. Those counties equipped to do
so may send paperwork electronically.
(b) The TDCJ shall accept inmates sentenced to prison
within 45 days of the date the commitment papers are certified by
the CRO. If TDCJ does not take custody of an inmate within 45 days
after the commitment papers are certified, TDCJ shall reimburse the
county for each day of confinement within the county over 45 days
at the most recent systemwide cost per day published by the Legislative
Budget Board on the date the CRO receives the county's request for
reimbursement.
(c) No later than the fifth business day after the
date the CRO receives commitment papers from the county, the CRO shall:
(1) review and certify the commitment papers if the
CRO determines there are no errors or deficiencies requiring corrective
action by the county; or
(2) notify the county that the CRO has determined the
commitment papers require corrective action by the county and identify
the errors needing correction.
(d) Inmates shall be scheduled for admission based
on:
(1) their length of confinement in relation to the
45 days from the date the commitment papers are certified; and
(2) transportation routes.
(e) Counties will inform the TDCJ State Ready Office
when inmates for whom commitment papers have been sent are transferred
to another facility by bench warrants.
(f) The TDCJ shall notify counties via electronic transmission,
such as facsimile or email when applicable, of inmates scheduled for
intake, the date of intake, the respective reception unit, and transportation
arrangements. Inmates shall be sorted by name and State Identification
(SID) number, as identified by the court judgment.
(g) Counties will notify the TDCJ admissions coordinator
of any inmates who are not available for transfer and the reason they
are not available for transfer.
(h) Counties may identify inmates with medical or security
issues that may be scheduled for intake out of sequence on a case-by-case
basis by contacting the TDCJ admissions coordinator.
(i) After the receipt of an order by a judge for admission
of an inmate to a state jail, the placement determination shall be
made by the TDCJ Admissions Office. Placement shall be made in the
state jail designated as serving the county in which the inmate resides
unless:
(1) the inmate has no residence or was a resident of
another state at the time of committing an offense;
(2) alternative placement would protect the life or
safety of any person;
(3) alternative placement would increase the likelihood
of the inmate's successful completion of confinement or supervision;
(4) alternative placement is necessary to efficiently
use available state jail capacity, including alternative placement
because of gender; or
(5) alternative placement is necessary to provide medical
or psychiatric care to the inmate.
(j) If the inmate is described by subsection (h)(1)
of this rule, placement shall be made in the state jail designated
as serving the county in which the offense was committed, unless a
circumstance in subsection (i)(2) - (5) of this rule applies.
(k) The TDCJ Admissions Office shall attempt to have
placement determinations made at a regional level that may include
one or more regions as designated in 37 Texas Administrative Code §
152.5 relating to the designation of state jail regions.
(l) If a county believes reimbursement is due, the
county shall complete and submit the authorized form to the CRO. Upon
receipt of the authorized form, TDCJ shall:
(1) review each request for reimbursement received
from a county;
(2) verify:
(A) the certification date for all documents required
to be submitted under Article 42.09, Code of Criminal Procedure; and
(B) the date the inmate was received into TDCJ custody;
and
(3) process all required payments for reimbursement
in accordance with the Prompt Payment Act or notify the county and
explain why no reimbursement is required.
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| Source Note: The provisions of this §152.3 adopted to be effective February 20, 2006, 31 TexReg 1048; amended to be effective March 4, 2012, 37 TexReg 1363; amended to be effective May 13, 2018, 43 TexReg 2797; amended to be effective November 5, 2023, 48 TexReg 6384 |
