|(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
(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;
(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
(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
(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.
(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
(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
(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;