| (a) Definitions. The following words and terms, when
used in this rule, shall be defined as follows and apply to both felonies
and misdemeanors, unless the context clearly indicates otherwise.
(1) Absconder refers to a person who is known to have
left the jurisdiction without authorization or who has not had face-to-face
contact with their community supervision officer (CSO) within three
months, and either:
(A) has an active Motion to Revoke (MTR) or Motion
to Adjudicate filed and an unserved capias for his or her arrest;
or
(B) has been arrested on a MTR or Motion to Adjudicate,
released from custody on bond, own recognizance, or conditional judicial
agreement, but failed to appear for the MTR or the Motion to Adjudicate
hearing and a bond forfeiture warrant has been issued by the court.
(2) Case refers to an offender assigned to a CSO for
supervision.
(3) Direct Supervision refers to an offender who:
(A) is legally on community supervision;
(B) as of the last day of the month, works or resides
in the jurisdiction in which they are being supervised; and
(C) receives a minimum of one face-to-face contact
with a CSO every three months. Direct supervision begins at the time
of initial face-to-face contact with an eligible CSO; or
(D) is under direct supervision while living or working
in adjoining jurisdictions if the community supervision and corrections
department (CSCD) has documented approval from the adjoining jurisdictions.
(4) Face-to-face Contact is an in-person communication
between a CSO and offender.
(5) Field Visit is an in-person communication between
a CSO and offender at the offender's place of residence or at another
location outside the CSCD office.
(6) Indirect Supervision is when an offender meets
one of the following criteria:
(A) an offender who neither resides nor works within
the jurisdiction of the CSCD and who is supervised in another jurisdiction;
(B) an offender who neither resides nor works within
the jurisdiction but continues to submit written reports on a monthly
basis because the offender is ineligible or unacceptable for supervision
in another jurisdiction;
(C) an offender who has absconded or who has not had
face-to-face contact with the CSO within three months;
(D) an offender who resides or works in the jurisdiction,
but who, while in compliance with the orders of the court, does not
meet the criteria for direct supervision; or
(E) an offender who resides and works outside the jurisdiction
but reports in person and who does not fall under paragraph (3) of
this subsection.
(b) System of Offender Supervision. Each CSCD director
shall develop a system of offender supervision that is based upon:
(1) the jurisdiction's profile of revoked offenders;
(2) the jurisdiction's profile of offenders under direct
community supervision;
(3) each individual offender's identified risks and
needs;
(4) availability of sanctions, programs, services,
and community resources;
(5) applicable law and Texas Department of Criminal
Justice Community Justice Assistance Division (TDCJ CJAD) policies
and procedures;
(6) policies governing a CSO transporting offenders
which ensure that CSOs do not transport an offender held in a county
jail pursuant to an arrest warrant. All other transportation of an
offender shall be in accordance with the CSCD's policies or pursuant
to a court order; and
(7) policies of the local judiciary.
(c) Supervision Process. Each CSO shall provide direct
supervision for cases to include the following:
(1) an orientation and intake session with each offender
after the court has placed the offender under supervision which shall
include a thorough discussion of the conditions of community supervision
and terms of release. The CSO shall ensure that the offender has received
a copy of the conditions of community supervision or terms of release
ordered by the court as provided by law;
(2) an assessment that gathers relevant and valid information
for every offender. This process shall specifically address the offender's
criminogenic needs. The CSO shall request specialized assessments
for offenders when criminogenic needs indicate such an assessment
is necessary. Within 90 days of placement on community supervision,
acceptance of a transfer case, or discharge from any residential facility,
jail, or institution, the CSO, Qualified Credentialed Counselor (QCC),
or assessor who has successfully completed the Texas Risk Assessment
training shall determine a level of supervision for each offender
based on the offender's criminogenic needs.
(3) a written individualized case supervision or treatment
plan provided within 90 days of the most recent community supervision
placement. The plan should be based upon the offender's criminogenic
needs to address specific problem areas and assist the offender in
achieving responsible behavior;
(4) re-evaluation of criminogenic needs, factors, and
supervision plans performed at least once every 12 months for all
direct supervision cases by the CSO, QCC, or assessor. An approved
TDCJ CJAD reassessment shall be completed any time a significant change
occurs in the status of the offender. Any necessary modification of
the supervision plan shall be indicated in writing in the case file;
(5) face-to-face, field visit, telephone, and collateral
contacts with the offender, family, community resources, or other
persons pursuant to and consistent with the offender's supervision
plan and the level of supervision on which the offender is being supervised
by the CSO. Each CSCD director shall establish supervision contact
and casework standards at a level appropriate for that jurisdiction.
An offender at an increased level of supervision because of assessments
of greater risk or special needs shall receive a higher level of contacts
than an offender at a lower level of supervision. The nature and extent
of supervision contacts with an offender shall be specified in the
CSCD's written policies and procedures;
(6) maintenance of a problem oriented record keeping
system by the CSO which documents all significant actions, decisions,
services rendered, and periodic evaluations in the offender's case
file, including the offender's status regarding the level of supervision,
compliance with the conditions of community supervision, progress
with the supervision plan, and responses to intervention;
(7) adherence to written policies and procedures established
by each CSCD director that identify when CSOs shall make recommendations
to the courts regarding violations of the conditions of community
supervision, and when violations may be handled administratively.
The availability of incentives and progressive interventions and sanctions
as alternatives to incarceration shall be considered by the CSO and
recommended to the court in eligible cases as determined appropriate
by the jurisdiction; and
(8) adherence to standards established by the CSCD
director to ensure public safety during intrastate transfers by recognizing
the need of the sending and receiving jurisdictions to continue control
and supervision over these offenders, which include the following
provisions;
(A) Except in cases of non-CSCD residential facility
placements, supervision shall be transferred if a direct supervision
offender will be in another jurisdiction for more than 30 days, except
when the designated representatives of the two CSCDs agree there is
good cause for the original jurisdiction to maintain supervision.
Only the court retaining jurisdiction over an offender has the authority
to modify or alter a condition of community supervision. Each CSCD
director shall ensure that a CSO providing direct supervision to an
offender transferred from another Texas jurisdiction fully enforces
the order of the court that placed the offender on community supervision.
It is the responsibility of the offender to comply with the conditions
of community supervision imposed by the court. Each CSCD director
shall ensure that a CSO provides the same level of supervision to
transferred cases as they do for the offenders in their jurisdiction.
The documents necessary for transfer include the transfer form, the
court order placing the offender on community supervision citing all
conditions of community supervision, the offense report, written individualized
case supervision or treatment plan, state identification (SID) or
personal identifier (PID) number within 90 days of transfer to the
receiving jurisdiction, the pre and post-sentence investigation report
as required, and any completed assessments. A CSCD director who declines
or ceases to provide transferred supervision to an offender from another
jurisdiction shall immediately notify the original jurisdiction in
writing of the reasons for declining supervision. A CSCD that ceases
to provide transferred supervision to an offender from another jurisdiction
for violations other than absconding shall consult with the original
jurisdiction before closing supervision. The CSCD shall then notify
the original jurisdiction, in writing, of the reason for closing supervision.
(B) The court retaining jurisdiction over an offender
also may order the offender to report to the original jurisdiction
or the jurisdiction where the offender resides or works.
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| Source Note: The provisions of this §163.35 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2003, 28 TexReg 3065; amended to be effective October 7, 2007, 32 TexReg 6790; amended to be effective April 28, 2013, 38 TexReg 2512; amended to be effective September 14, 2014, 39 TexReg 7179; amended to be effective July 16, 2020, 45 TexReg 4779 |
