| (a) Appointment and Responsibilities of a Community
Supervision and Corrections Department (CSCD) Director.
(1) When there is a vacancy in the position of CSCD
director, the judge or judges as described by Texas Government Code §76.002
shall:
(A) Publicly advertise the position;
(B) Post a job description, the qualifications for
the position, and the application requirements;
(C) Conduct a competitive hiring process and adhere
to state and federal equal employment opportunity laws; and
(D) Review applicants who meet the posted qualifications
and comply with the application requirements.
(2) The judge or judges as described by Texas Government
Code §76.002 shall appoint a CSCD director who shall meet, at
a minimum, the eligibility requirements for community supervision
officers (CSOs) established under Texas Government Code §76.005
and 37 Texas Administrative Code §163.33.
(3) The CSCD director shall employ a sufficient number
of officers and other employees to conduct presentence investigations,
supervise and rehabilitate defendants placed on community supervision,
enforce the conditions of community supervision, and staff community
corrections facilities. A person employed under this subsection is
an employee of the CSCD and not of the judges or judicial districts.
(4) The Texas Department of Criminal Justice Community
Justice Assistance Division (TDCJ CJAD) director shall be notified
by the administrative judge of the appointment of a CSCD director.
(5) The CSCD director shall perform or delegate the
responsibility for performing the following duties:
(A) Overseeing the daily operations of the CSCD;
(B) Preparing, annually or biennially, a budget for
the CSCD;
(C) Negotiating and entering into contracts on behalf
of the CSCD;
(D) Establishing policies and procedures for all functions
of the CSCD;
(E) Developing personnel policies and procedures, including
disciplinary proceedings; and
(F) Establishing procedures and practices through which
the CSCD will address an employment-related grievance.
(b) Administrative Manual. The CSCD director shall
develop, update, revise, and maintain an administrative manual that
defines the CSCD's general purposes and functional objectives. The
CSCD director shall ensure the administrative manual is available
to all staff members and provide the TDCJ CJAD director with a copy
of the CSCD's administrative manual for review upon request. The manual
shall incorporate all of the written policies and procedures, which
shall provide a detailed description of the procedures followed in
performing the routine tasks of the CSCD. At a minimum, the policies
and procedures in the manual shall include:
(1) Human Resources.
(A) Recruitment procedures;
(B) Promotion requirements and procedures;
(C) Equal employment opportunity and affirmative action
provisions;
(D) Provisions of the Americans
with Disabilities Act;
(E) Provisions of the Fair
Labor Standards Act;
(F) Provisions of the Family
Medical Leave Act;
(G) Sexual harassment policy;
(H) Confidentiality of information;
(I) Organizational plan or chart;
(J) Salary scales;
(K) Benefits;
(L) Holidays and work schedules;
(M) Explanation of amount and limitations of leaves;
(N) Personnel records;
(O) Employee performance appraisals;
(P) Disciplinary procedures;
(Q) Grievance procedures;
(R) Probationary employment periods;
(S) Contract employees;
(T) Dress code;
(U) Pre-employment criminal record checks;
(V) Staff safety;
(W) Political participation;
(X) Travel and mileage reimbursement policy; and
(Y) Immigration Reform and
Control Act.
(2) Medical.
(A) Medical and psychological records management;
(B) Contagious disease policy, including Human Immunodeficiency
Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS); and
(C) Tuberculosis and other communicable diseases.
(3) Supervision.
(A) Supervision description;
(B) Assessment and remediation of literacy skills for
offenders;
(C) Arrest and firearms policy and procedures; and
(D) Presentence investigation and reporting policy
and procedures.
(4) Standards.
(A) Code of ethics;
(B) Training and staff development;
(C) Job descriptions, qualifications, and responsibilities;
(D) Insurance and honesty bonds;
(E) Intrastate and interstate compact policies and
procedures;
(F) Case classification and case management;
(G) Supervision of offenders and continuum of sanctions
(policies and procedures);
(H) Internal case management audit procedures; and
(I) Violation of community supervision order procedures.
(c) Ethics. The CSCD director shall provide each CSCD
employee with a copy of the Code of Ethics adopted by the TDCJ CJAD
and a copy of the procedure developed by the CSCD director that shall
be used to review and investigate an alleged ethics violation. All
employees of the CSCD shall comply with the Code of Ethics developed
by the TDCJ CJAD.
(d) Internal Audits. Each CSCD shall have a designated
procedure to monitor the skill levels and training needs of individual
staff members and shall develop a plan to meet those needs. Internal
audits of direct supervision cases shall be conducted to check for
standards compliance, use of case classification, and supervision
planning.
(e) Records. The CSCD director shall ensure that program
records and statistical data consistent with the requirements of the
law and TDCJ CJAD standards are maintained and provided to TDCJ CJAD
as required.
(f) Budget. The CSCD director shall prepare and operate
from a budget in a manner consistent with good accounting practices
and approved by the judge(s) of their judicial district. The budget
shall be submitted to the TDCJ CJAD director in a format as required
and within the provisions as outlined in 37 Texas Administrative Code §163.43.
(g) Multi-CSCD Districts.
(1) Judicial districts composed of more than one county
may apply to the TDCJ CJAD director for authorization to establish
more than one CSCD within the judicial district. The application submitted
by the judge(s) shall explain how the creation of more than one CSCD
will promote:
(A) Administrative convenience;
(B) Economy; or
(C) Improved community supervision and corrections
services and other reasons, if any.
(2) The application shall indicate the financial impact
and the approval of the judges in the judicial district or districts
hearing criminal cases affected by the change.
(h) Complaint Notice. Each CSCD shall notify the public,
offenders, and victims of crimes, that they can direct written complaints
to the CSCD and TDCJ CJAD. The notification shall be in the form of
a sign posted in a conspicuous public area in each CSCD office, or
in the form of written brochures which are to be displayed in a conspicuous
public area in each CSCD office. Signs and brochures shall be written
in both English and Spanish, list the address of the CSCD director
and TDCJ CJAD address, and inform persons that attempts should first
be made to resolve complaints locally; unsatisfactory results may
be reported to the TDCJ CJAD.
(i) Compliance with Statutes and TDCJ CJAD Policy Statements.
Each CSCD director shall ensure that all CSCD operations comply with
all applicable local, state, and federal laws and the TDCJ CJAD policy
statements and official manuals pertaining to the CSCDs.
(j) Citizen Involvement and Volunteers. If volunteers
are used, the CSCD director shall ensure that suitable orientation
and supervision is provided in the functions they will be expected
to perform. The CSCDs are encouraged to establish and maintain opportunities
for effective volunteer participation in CSCD operations. If volunteers
are used, the CSCD director shall:
(1) Ensure that written policy, procedure, and practice
exists for guiding the selection and utilization of citizen involvement;
and
Cont'd... |
