| 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.
(5) Meal Requirements. The CSCD director or facility
director shall ensure that at least three meals, including two hot
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.
(n) 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 CCF 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 agencies.
(C) Each CCF 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 or more designated hospital emergency
rooms or other appropriate health facilities;
(v) Emergency on-call services from a physician, advanced
practice nurse, physician assistant, 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;
(iii) Methods of obtaining assistance;
(iv) Signs and symptoms of mental illness, retardation,
and chemical dependency; and
(v) Procedures for patient transfers to appropriate
medical facilities or health care providers.
(C) First aid kits shall be available in designated
areas of the facility. Contents and locations shall be approved by
the health authority.
(3) Health Screening and Medical Examinations. Medical,
dental, and mental health screening shall be performed by qualified
health care personnel on all offenders within 10 working days prior
to or after admission to the facility. The purpose of the screening
is to determine if the offender has any disease, illness, or condition
that precludes admission. The health screening shall include the following:
(A) Questionnaires for health screening shall be established
to document inquiries into and observations of the following:
(i) Current illness and health problems, including
sexually transmitted and other infectious diseases;
(ii) Dental problems;
(iii) Mental health problems, including suicide attempts
or ideation;
(iv) Use of alcohol and other drugs, which includes
types of drugs used, mode of use, amounts used, frequency of use,
date or time of last use, and a history of problems that may have
occurred after ceasing use, for example, convulsions; and
(v) Other health problems designated by the responsible
health authority.
(B) Observation by qualified health care personnel
of:
(i) Behavior, which includes state of consciousness,
mental status, appearance, conduct, tremor, and sweating;
(ii) Body deformities, ease of movement, and so forth;
and
(iii) Conditions of skin, including trauma markings,
bruises, lesions, jaundice, rashes, infestations, and needle marks
or other indications of drug abuse.
(C) Medical Examinations.
(i) A new resident admitted to the facility who was
not transferred from a jail or other correctional facility shall have
a medical history and physical examination completed within 10 working
days prior to or after admission to the facility.
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