| (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 outlined in this rule.
(1) CCFs shall accept only those offenders who meet
the target population criteria as defined by the facility and are
physically and mentally capable of participating in any program offered
at the facility, if participation in the program is required of all
residents in the facility. Exceptions to this requirement:
(A) Placement is prohibited by statute;
(B) The offender matches the profile of offenders historically
committed to county jail or prison from the jurisdiction; or the offender
has high risk/needs, who, if supervised at a lower supervision level
would have an increased likelihood of violating the conditions of
community supervision;
(C) The local jurisdiction may house offenders convicted
under Title 5 and in accordance with statute, in the CCF if Title
5 offenders are included in the facility's program proposal within
the community justice plan approved by the local judiciary. In currently
operating facilities where the jurisdiction desires to add Title 5
offenders to the target population, a public meeting shall be held,
in accordance with the law and TDCJ CJAD standards and policy, to
advise the public of the types of offenders and offenses who will
potentially be placed in the facility. Public support shall be considered
by the TDCJ CJAD for final approval of the change in offender population
to be targeted. If a jurisdiction has documentation that this requirement
was previously met, it can provide that documentation to the TDCJ
CJAD for review and possible exemption from having an additional public
meeting. If a facility is approved to house Title 5 offenders, the
CSCD director and the facility director shall comply with all applicable
provisions contained in Texas Government Code §76.016, Victim
Notification; Texas Code of Criminal Procedure art. 56.01 - .93, Rights
of Crime Victims; and Texas Code of Criminal Procedure art. 42.21,
Notice of Release of Family Violence Offenders; and
(D) Prior to or within 30 days after admission to the
facility, the offender shall undergo a screening process to include
a substance abuse screening instrument to determine the offender's
appropriateness for placement. The process shall be documented and
maintained in the supervision case file. Should the offender not meet
the facility defined eligibility criteria, the offender may be referred
back to the court of original jurisdiction.
(2) Courtesy Supervision. CCFs shall, on a space available
basis, accept eligible adult offenders needing residential services
on courtesy supervision from other jurisdictions. CSCDs that manage
CCFs are responsible for the direct supervision of all residents in
the CCF while in residential placement.
(l) Denying Admission or Continued Placement. If an
offender is placed into a CCF, and by statute or standard is an inappropriate
placement, or does not meet eligibility criteria of the TDCJ CJAD
approved facility, the CSCD or facility director shall notify, in
writing, the court of original jurisdiction. If a CCF facility has
reached capacity at the time of the eligible offender's placement
to that facility, such offender may be placed on a waiting list for
that facility and returned to the court of original jurisdiction for
further instructions or an alternative sanction.
(m) Food Service. The food preparation and 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 be supervised by a staff member who is experienced in institutional
food preparation or mass food management. Food services staff, including
residents assigned to work in the facility kitchen, shall meet all
requirements established by local health authorities.
(4) Exclusion as Discipline. The use of food as a disciplinary
measure is prohibited.
Cont'd... |
