<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 6TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 163COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
RULE §163.39Residential Services

    (C) There shall be clean, usable bedding, linens, and towels for new residents with provision for exchange or laundering on at least a weekly basis;

    (D) On an emergency or indigent basis, the facility shall provide personal hygiene articles;

    (E) There shall be adequate control of vermin and pests;

    (F) There shall be timely trash and garbage removal; and

    (G) Sanitation and safety inspections of all internal and external areas and equipment shall be performed and documented on a routine basis to protect the health and safety of all residents, staff, and visitors.

(f) Supervision.

  (1) Operations Manual. An operations manual shall be prepared for and used by each CCF which shall contain information and specify procedures and policies for resident census, contraband, supervision, physical plant inspection, and emergency procedures, including detailed implementation instructions. The operations manual shall be accessible to all employees and volunteers. The operations manual shall include, at a minimum, the matters set forth in the Guidelines for the Policies and Procedures of the TDCJ CJAD Funded Residential Facilities. The operations manual shall be submitted to the TDCJ CJAD director for review and approval. The manual shall be approved by the TDCJ CJAD director at least 60 days prior to the acceptance of any residents into the facility. The CSCD director and facility director shall ensure that the operations manual is reviewed at least every two years, and new or revised policies and procedures are made available, including all changes, to designated staff and volunteers prior to implementation. This manual shall be submitted to the TDCJ CJAD upon request or for auditing purposes.

  (2) Staffing Availability. The CSCD director and facility director shall ensure that the facility has the staff needed to provide coverage of designated security posts, surveillance of residents, and to perform ancillary functions. The facility shall have at least one staff member on duty that is the same gender as the resident population.

  (3) Activity Log. The CSCD director and facility director shall ensure that CCF staff maintain an activity log and prepare shift reports that record, at a minimum, emergency situations, unusual situations and incidents, and all absences of residents from a facility.

  (4) Use of Force. The CSCD director and facility director shall ensure that a CCF has written policies, procedures, and practices that restrict the use of physical force to instances of self-protection, protection of residents or others, or prevention of property damage. In no event shall the use of physical force against a resident be justifiable as punishment. A written report shall be prepared following all uses of force, and promptly submitted to the CSCD director and facility director for review and follow-up. The application of restraining devices, aerosol sprays, and chemical agents shall only be accomplished by an individual who is properly trained in the use of such devices and only in an emergency situation for self-protection, protection of others, or other circumstances as described previously.

  (5) Use of Firearms. The CSCD director and facility director shall ensure that the possession of firearms by staff is banned and the use of firearms is prohibited in or on facility property except in the execution of official duties by certified peace officers or other duly licensed law enforcement personnel.

  (6) Access to Facility. The facility shall be secured to prevent unrestricted access by the general public or others without proper authorization.

  (7) Control of Contraband and Searches. All facilities shall incorporate into the facility operations manual a list of authorized items offenders are allowed to possess while a resident of the facility. All incoming residents shall receive a copy of this list during the intake or orientation process, along with a written explanation of the provisions of Texas Penal Code §38.114, which states that any resident found to possess any item not provided by, or authorized by the facility director, or any item authorized or provided by the facility that has been altered to accommodate a use other than the originally intended use, may be charged with a Class C misdemeanor. Any employee or volunteer who provides contraband to a resident of a CCF may be charged with a Class B misdemeanor. There shall also be policies defining facility shakedowns, strip searches, and pat searches of residents to control contraband and provide for its disposal.

  (8) Levels of Security. The CSCD director and facility director shall ensure that appropriate levels of security are maintained for the population served by the facility at all times. These levels of security shall create, at a minimum, a monitored and structured environment in which a resident's interior and exterior movements and activities can be supervised by specific destination and time. At the discretion of the facility director or designee, residents may be granted exterior movements. Exterior movements include, but are not limited to, employment programs, community service restitution, support and treatment programs, and programmatic incentives. The following minimum requirements shall be met for all exterior movements:

    (A) The facility director or designee approves the exterior movement;

    (B) A staff member orally advises the resident of the conditions and limitations of the exterior movement;

    (C) The resident acknowledges in writing an understanding of the conditions and limitations of the exterior movement; and

    (D) Exterior movements involving programmatic incentives may only be granted if the following additional requirements are met:

      (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 will not exceed 72 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 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 facility director or designee, a resident may be granted an emergency furlough for the purpose of allowing a resident to attend a funeral, visit a critically 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 72 hours unless there are unusual circumstances;

    (E) The court of original jurisdiction approves the travel if the resident will depart the state of Texas;

    (F) The facility director or designee approves the itinerary and establishes the conditions of the emergency furlough; and

    (G) The facility director or designee provides by email or fax the approved itinerary to the CSCD director and the court of the original or sending jurisdiction prior to the date that the emergency furlough is approved to begin.

  (10) Supervision Process. Governed by §163.5(c) of this title.

  (11) The CCF shall ensure that Spanish language assistance and the translation of selected documents are provided for Spanish-speaking residents who cannot speak or read English.

(g) Resident Abuse, Neglect, and Exploitation. The facility shall protect the residents from abuse, neglect, and exploitation. In accordance with the Prison Rape Elimination Act, 28 C.F.R. §115.31, all CCFs shall establish a zero tolerance standard for the incidence of sexual abuse and sexual harassment. Each facility shall make prevention of offender sexual abuse and sexual harassment a top priority. The CCFs shall have policies and procedures in accordance with 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; and

  (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.

(h) 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 participants. Limits shall include:

    (A) No physical contact by staff shall be made on a resident;

    (B) No profane, 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 CCF. The grievance procedure shall include at least one 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.

(i) Incident Notification. Within 24 hours of occurrence, the CSCD director and facility director shall notify and report by telephone or fax all serious or unusual events pertaining to the facility's operations and staff to the district judge, or if applicable, the judge designated to perform administrative duties for the district courts trying criminal cases, the TDCJ Emergency Action Center (EAC) in Huntsville, Texas (phone number (936) 437-6600; fax number (936) 437-8996), and if applicable, the CSCD director of the original or sending jurisdiction if the incident involves a resident from that sending jurisdiction. The TDCJ EAC shall notify the TDCJ CJAD director and appropriate CJAD management staff. Such serious and unusual events for this purpose shall include, but are not limited to, the following:

  (1) The death of a resident or staff member while at the facility;

  (2) Any incident which results in life threatening or serious bodily injury to a resident or staff member while at the facility or on assignment, including emergency furloughs or programmatic incentives, away from the facility;

  (3) Major disturbance or riot at the facility or in its vicinity; and

  (4) Any incident involving serious misconduct by facility staff, which may result in the filing of criminal charges or civil action;

  (5) Any incidence of absconding by a resident convicted of an offense as identified in Title 5 of the Texas Penal Code (Title 5) and placed in the facility for such offense; and

  (6) Any incidence of absconding by a resident who is suspected of committing a felony offense during the course of absconding from the facility or within 24 hours after leaving the facility.

(j) 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.

(k) Resident Eligibility. A CSCD or other governmental entity that operates a residential facility, contracts for the operation of a residential facility, or contracts for beds or services shall define a specific target population of medium to high risk/needs offenders to be served. Placement of offenders in a CCF shall only be by an order of the court, which may include a pretrial agreement signed by the judge presiding over an established drug court. Applicable screening shall be conducted to include screening for substance abuse, medical and mental health issues, and minimum eligibility criteria as Cont'd...

Next Page Previous 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