| (i) The resident meets all established requirements for the programmatic incentive, as determined by the supervisor of the program, and submits a written request for the exterior movement; (ii) The requested absence shall not exceed 24 hours unless there are unusual circumstances; (iii) The resident provides an itinerary for the absence including method of travel, departure and arrival times and locations during the exterior movement; (iv) The facility director or designee in conjunction with the Parole Division Regional Director or designee approves the itinerary and establishes the conditions of the exterior movement involving programmatic incentives; and (v) A staff member shall make random announced or unannounced personal or telephone contacts with the resident to verify the location of the resident during the exterior movement. (9) Emergency Furloughs. At the discretion of the Parole Division Regional Director or designee, a resident may be granted an emergency furlough for the purpose of allowing a resident to attend a funeral, visit a seriously ill person, obtain medical treatment or attend to other exceptional business. Emergency furloughs may only be granted if the following conditions are met: (A) The resident submits a written request for the emergency furlough; (B) The facility director or designee verifies through an independent source including, but not limited to a physician, Red Cross representative, minister, rabbi, priest or other spiritual leader that the presence of the resident is appropriate; (C) The resident provides a proposed itinerary including method of travel, departure and arrival times and locations during the emergency furlough; (D) The requested absence shall not exceed 24 hours unless there are unusual circumstances; and (E) The Parole Division Regional Director or designee approves the itinerary and establishes the conditions of the emergency furlough. (10) The CRF shall ensure that Spanish language assistance and the translation of selected documents are provided for Spanish-speaking residents who cannot speak or read English. (e) Resident Abuse, Neglect and Exploitation. The facility shall protect the residents from abuse, neglect and exploitation. In accordance with the Prison Rape Elimination Act of 2003 (Public Law 108-79), all CRFs shall establish a zero tolerance standard for the incidence of sexual assault. Each facility shall make prevention of offender sexual assault a top priority. The CRFs shall have policies and procedures in accordance with any national standards published by the Attorney General of the United States. These policies and procedures shall include, but not be limited to the following: (1) Detection, prevention, reduction and punishment of offender sexual assault; (2) Standardized definitions to record accurate data regarding the incidence of offender sexual assault; (3) A disciplinary process for facility staff who fail to take appropriate action to detect, prevent and reduce sexual assaults, to punish residents guilty of sexual assault and to protect the Eighth Amendment rights of all facility residents; and (4) Notification to the TDCJ in accordance with AD-16.20, "Reporting Incidents to the Office of the Inspector General" and AD-02.15, "Operations of the Emergency Action Center and Reporting Procedures for Serious or Unusual Incidents." (f) Rules and Discipline. There shall be documentation of program rule violations and the disciplinary process. (1) Rules of Conduct. All incoming residents and staff shall receive written rules of conduct which specify acts prohibited within the facility and penalties that can be imposed for various degrees of violation. (2) Limitations of Corrective Actions. Specific limits on corrective actions and summary punishment shall be established and strictly adhered to in an effort to reduce the potential of staff participating in abusive behavior towards residents. Limits shall include: (A) Notwithstanding the provisions in subsection (d)(4) of this rule, no physical contact by staff shall be made on a resident; (B) No profanity, sexual or racial comments shall be directed at residents by staff; (C) Residents shall not be used to impose corrective actions on other residents; (D) The severity of the corrective action shall be commensurate with the severity of the infraction; and (E) The duration of corrective action shall be limited to the minimum time necessary to achieve effectiveness. (3) Grievance Procedure. A grievance procedure shall be available to all residents in a CRF. The grievance procedure shall include at least one (1) level of appeal and shall be evaluated at least annually to determine its efficiency and effectiveness. (4) Spanish translations of the disciplinary rules and procedures shall be provided for Spanish-speaking residents who cannot speak or read English. (g) Incident Notification. The facility director or designee shall notify the TDCJ of all serious or unusual events pertaining to the facility's operations and staff in accordance with directives and/or policies issued by the TDCJ. (h) Residents' Rights. Residents shall be granted access to courts and any attorney licensed in the United States or a legal aid society (an organization providing legal services to residents or other persons) contacting the resident in order to provide legal services. Such contacts include, but are not limited to: confidential telephone communications, uncensored correspondence and confidential visits. (i) Food Service. The food preparation and designated dining area shall provide space for meal service based on the population size and need. (1) Dietary Allowances. Meals shall be approved and reviewed annually by a registered dietician, licensed nutritionist, registered nurse with a minimum of a Bachelor of Science degree in nursing, physician assistant, or physician to ensure that the meals meet the nationally recommended allowances for basic nutrition. (2) Special Diets. Each facility shall provide special diets as prescribed by appropriate medical or dental personnel. (3) Food Service Management. Food service operations shall meet all requirements established by the local health authorities and/or the TDCJ policies. (4) Meal Requirements. The facility director shall ensure that at least three (3) meals are provided during each 24-hour period. Variations may be allowed based on weekend and holiday food service demands, or in the event of emergency or security situations, provided basic nutritional goals are met. (j) Health Care. (1) Access to Care. (A) Residents shall have unimpeded access to health care and to a system for processing complaints regarding health care. (B) The facility shall have a designated health authority with responsibility for health care pursuant to a written agreement, contract or job description. The health authority may be a physician, health administrator or health agency. In the event that the designated health authority is a free community health clinic (one which provides services to everyone in the community regardless of ability to pay), then the CRF is not required to enter into a written contract or agreement. A copy of the mission statement of the free community health clinic and a copy of the criteria for admission shall be on file in lieu of a contract between the two (2) agencies. (C) Each CRF shall have a policy defining the level, if any, of financial responsibility to be incurred by the resident who receives the medical or dental services. (2) Emergency Health Care. (A) Twenty-four hour emergency health care shall be provided for residents, to include arrangements for the following: (i) On site emergency first aid and crisis intervention; (ii) Emergency evacuation of the resident from the facility; (iii) Use of an emergency vehicle; (iv) Use of one (1) or more designated hospital emergency rooms or other appropriate health facilities; (v) Emergency on-call services from a physician, advanced practice nurse or physician assistant, a dentist and a mental health professional when the emergency health facility is not located in a nearby community; and (vi) Security procedures providing for the immediate transfer of residents, when appropriate. (B) A training program for direct care personnel shall be established by a recognized health authority in cooperation with the facility director that includes the following: (i) Signs, symptoms and action required in potential emergency situations; (ii) Administration of first aid and cardiopulmonary resuscitation (CPR); (iii) Methods of obtaining assistance; Cont'd... |
