<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §163.39Residential Services

(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.

  (1) Compliance. The CSCD director and facility director shall ensure that the facility's construction, maintenance, and operations complies with all applicable state, federal, and local laws, building codes, and regulations related to safety, sanitation, and health. Records of compliance inspections, audits, or written reports by internal and external sources shall be kept on file for examination and review by the TDCJ CJAD and other governmental agencies and authorities from program inception forward. The CSCD director and facility director shall promptly notify the TDCJ CJAD in writing of any circumstances wherein the facility or its operations do not maintain such compliance.

  (2) Water Supply. The CSCD director or designee shall ensure that the facility's potable water source and supply is sanitary and approved by an independent, qualified agency or individual in compliance with the applicable governmental laws and regulations.

  (3) Sanitation. The facility shall conform to the applicable sanitation and health regulations and codes.

  (4) Waste. The liquid and solid wastes related to the facility shall be collected, stored, and disposed of in accordance with a plan approved by the regulatory authority, agency, or department.

  (5) Physical Plant. The facility's buildings, including the improvements, fixtures, electric and heating, and air conditioning, shall conform to all applicable building codes of federal, state, and local laws, ordinances, regulations, and minimum guidelines established by the TDCJ CJAD for physical plants and facilities housing residents.

  (6) Fires. The facility, its furnishings, fire protection equipment, and alarm system shall comply with the regulations of the fire authority having jurisdiction. Fire drills are to be conducted at least quarterly. There shall be a written evacuation plan to be used in the event of a fire. The plan is to be certified by an independent qualified governmental agency or department or individual trained in the application of national and state fire safety codes. Such plan shall be reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. The facility shall conduct fire inspections at least quarterly or at intervals approved by the fire authority having jurisdiction. Fire safety equipment located at the facility shall be tested as specified by the manufacturer or the fire authority, whichever is more frequent. An annual inspection of the facility shall be conducted by the fire authority having jurisdiction or other qualified person(s).

  (7) Emergency Plan. There shall be a written emergency plan for the facility and its operations, which includes an evacuation plan, to be used in the event of a major flood, storm, or other emergencies. This plan shall be reviewed annually and updated, if necessary. Evacuation drills shall be conducted at least three times yearly. Each shift at least yearly shall conduct an evacuation drill when the majority of residents are present. All facility personnel shall be trained in the implementation of the written emergency plan. The evacuation plan shall specify preferred evacuation routes, subsequent dispositions, temporary housing of residents, and provisions for access to medical care or hospital transportation for injured residents and staff. The facility's emergency plan shall be distributed to local authorities such as law enforcement, state police, and civil defense to keep them informed of their roles in the event of an emergency. The emergency plan shall include the following:

    (A) Location of buildings and room floor plans;

    (B) Use of exit signs and directional arrows that are easily seen and read; and

    (C) Location(s) of publicly posted plan.

(d) Separate Offender Housing. The CSCD director and facility director shall ensure that a facility that is part of or attached to a detention facility or a correctional institution shall house CCF residents separately from the offenders incarcerated in the detention facility. At no time shall the CCF residents be co-mingled with these incarcerated offenders.

(e) Program and Service Areas.

  (1) Space and Furnishings. The facility shall have space and furnishings to accommodate activities such as group meetings, private counseling, classroom activities, visitation, and recreation.

  (2) Housekeeping and Maintenance. The CSCD director and facility director shall ensure the facility is clean and in good repair, and housekeeping and maintenance plan is in effect.

  (3) Other Physical Environment and Facilities Issues. In each facility:

    (A) Space shall be provided for janitor closets which are equipped with cleaning implements;

    (B) There shall be storage areas in the facility for clothing, bedding, and cleaning supplies;


Next Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page