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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 6TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 154PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS
RULE §154.12Complaint Investigations

(a) All complaints concerning the Private Sector Prison Industries Programs shall be submitted to the Texas Board of Criminal Justice (TBCJ), P.O. Box 13084, Austin, Texas 78711.

(b) Upon receipt of the complaint, TBCJ staff shall send a letter acknowledging receipt of the complaint and a copy of this rule to the complainant, the governmental entity, the cost accounting center (CAC), and each person who is a subject of the complaint.

(c) TBCJ staff shall refer the complaint to the Texas Department of Criminal Justice (TDCJ) for review and investigation. TBCJ staff shall maintain a file on each written complaint that contains the following information:

  (1) The name of the person who filed the complaint;

  (2) The date the complaint was received by the TBCJ;

  (3) The subject matter or nature of the complaint;

  (4) The name of each person contacted in relation to the complaint;

  (5) A summary of the results of the review or investigation of the complaint; and

  (6) An explanation of the reason the file was closed, if the TBCJ closed the file without taking action other than to investigate the complaint.

(d) The TDCJ shall assign each case a number and maintain a log of all investigations including:

  (1) The case number;

  (2) The date the case was received by the TBCJ;

  (3) A summary of the complaint;

  (4) The TDCJ, governmental entity, or CAC involved;

  (5) The name of the complainant;

  (6) The date the case was closed; and

  (7) Whether the complainant's allegation was sustained or not sustained.

(e) TBCJ staff shall notify the complainant, the governmental entity, the CAC, and each person who is a subject of the complaint every 90 days of the status of the investigation, unless the notice would jeopardize an undercover investigation.

(f) A draft of the investigation and the proposed response shall be submitted to the chairman of the TBCJ and the chairman of the Business and Financial Operations Committee for review and approval.

(g) Upon approval, the TBCJ shall provide the written response to the complainant, the governmental entity, the CAC, and the subject of the complaint.


Source Note: The provisions of this §154.12 adopted to be effective May 2, 2010, 35 TexReg 3286

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