(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;
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