| 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.
Cont'd... |
