| (1) Compliance. The CSCD director and facility director
shall ensure that the facility's construction, maintenance, and operations
complies with all applicable state, federal, and local laws, building
codes, and regulations related to safety, sanitation, and health.
Records of compliance inspections, audits, or written reports by internal
and external sources shall be kept on file for examination and review
by the TDCJ CJAD and other governmental agencies and authorities from
program inception forward. The CSCD director and facility director
shall promptly notify the TDCJ CJAD in writing of any circumstances
wherein the facility or its operations do not maintain such compliance.
(2) Water Supply. The CSCD director or designee shall
ensure that the facility's potable water source and supply is sanitary
and approved by an independent, qualified agency or individual in
compliance with the applicable governmental laws and regulations.
(3) Sanitation. The facility shall conform to the applicable
sanitation and health regulations and codes.
(4) Waste. The liquid and solid wastes related to the
facility shall be collected, stored, and disposed of in accordance
with a plan approved by the regulatory authority, agency, or department.
(5) Physical Plant. The facility's buildings, including
the improvements, fixtures, electric and heating, and air conditioning,
shall conform to all applicable building codes of federal, state,
and local laws, ordinances, regulations, and minimum guidelines established
by the TDCJ CJAD for physical plants and facilities housing residents.
(6) Fires. The facility, its furnishings, fire protection
equipment, and alarm system shall comply with the regulations of the
fire authority having jurisdiction. Fire drills are to be conducted
at least quarterly. There shall be a written evacuation plan to be
used in the event of a fire. The plan is to be certified by an independent
qualified governmental agency or department or individual trained
in the application of national and state fire safety codes. Such plan
shall be reviewed annually, updated if necessary, and reissued to
the local fire jurisdiction. The facility shall conduct fire inspections
at least quarterly or at intervals approved by the fire authority
having jurisdiction. Fire safety equipment located at the facility
shall be tested as specified by the manufacturer or the fire authority,
whichever is more frequent. An annual inspection of the facility shall
be conducted by the fire authority having jurisdiction or other qualified
person(s).
(7) Emergency Plan. There shall be a written emergency
plan for the facility and its operations, which includes an evacuation
plan, to be used in the event of a major flood, storm, or other emergencies.
This plan shall be reviewed annually and updated, if necessary. Evacuation
drills shall be conducted at least three times yearly. Each shift
at least yearly shall conduct an evacuation drill when the majority
of residents are present. All facility personnel shall be trained
in the implementation of the written emergency plan. The evacuation
plan shall specify preferred evacuation routes, subsequent dispositions,
temporary housing of residents, and provisions for access to medical
care or hospital transportation for injured residents and staff. The
facility's emergency plan shall be distributed to local authorities
such as law enforcement, state police, and civil defense to keep them
informed of their roles in the event of an emergency. The emergency
plan shall include the following:
(A) Location of buildings and room floor plans;
(B) Use of exit signs and directional arrows that are
easily seen and read; and
(C) Location(s) of publicly posted plan.
(d) Separate Offender Housing. The CSCD director and
facility director shall ensure that a facility that is part of or
attached to a detention facility or a correctional institution shall
house CCF residents separately from the offenders incarcerated in
the detention facility. At no time shall the CCF residents be co-mingled
with these incarcerated offenders.
(e) Program and Service Areas.
(1) Space and Furnishings. The facility shall have
space and furnishings to accommodate activities such as group meetings,
private counseling, classroom activities, visitation, and recreation.
(2) Housekeeping and Maintenance. The CSCD director
and facility director shall ensure the facility is clean and in good
repair, and housekeeping and maintenance plan is in effect.
(3) Other Physical Environment and Facilities Issues.
In each facility:
(A) Space shall be provided for janitor closets which
are equipped with cleaning implements;
(B) There shall be storage areas in the facility for
clothing, bedding, and cleaning supplies;
(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 Cont'd... |
