| (a) If the Commission determines that the responsible
officials receiving a notice of noncompliance fail to initiate corrective
measures within the time prescribed, the Commission may, by remedial
order, delivered by certified mail, return receipt requested or by
personal service to the responsible officials, declare that the facility
in question or any portion thereof be closed, that further confinement
of inmates or classifications of inmates in the noncomplying facility
or any portion thereof be prohibited, that all or any number of the
inmates then confined be transferred to and maintained in another
designated facility, or any combination of such remedies.
(b) The remedial order of the Commission shall be in
writing and shall specifically identify each minimum standard with
which the facility has failed to comply. Such remedial order shall
become final and effective 15 days after its receipt by the responsible
officials, provided, however, that if a review of Commission action §
297.13 of this title (relating to Review of Commission Action) or
request for administrative hearing § 297.14 of this title (relating
to Request for Administrative Hearing) on such remedial order is requested,
the enforcement of such remedial order shall be stayed until such
time as the Commission has rendered its decision following its hearing.
(c) If a remedial order is issued, the Commission shall
furnish the sheriff/operator with a list of qualified facilities to
which the inmates may be transferred. The sheriff/operator of the
facility shall immediately transfer the number of inmates necessary
to bring the facility into compliance to a facility that agrees to
accept the inmates. The agreement shall be in writing and shall be
signed by the sheriff/operator transferring the inmates and the sheriff/operator
receiving the inmates. A facility transferring inmates under this
subsection shall immediately remove the inmates from the receiving
facility if the sheriff/operator of the receiving facility requests
their removal in writing. The owner responsible for the noncomplying
facility shall bear the liability for and the cost of transportation
and maintenance of inmates transferred to or from a noncomplying facility
by order of the Commission. The costs of transportation and maintenance
shall be determined by agreement between the participating jurisdictions
and shall be paid into the treasury of the entity providing transportation
and/or maintenance.
(d) When a remedial order is issued to terminate a
contract for housing inmates not sentenced in a Texas court, the responsible
officials shall initiate action to terminate the contract and transfer
the effected inmates. A copy of the remedial order shall be provided
the sending state.
(e) Upon the issuance of a Certificate of Compliance,
the remedial order shall be reviewed at the next regularly scheduled
meeting of the Commission.
|
