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RULE §163.35Supervision

(a) Definitions. The following words and terms, when used in this section, shall be defined as follows and apply to both felonies and misdemeanors, unless the context clearly indicates otherwise.

  (1) Absconders refers to persons who are known to have left the jurisdiction without authorization or who have not personally contacted their community supervision officer (CSO) within three months or 90 days, and either:

    (A) have an active Motion to Revoke (MTR) or Motion to Adjudicate filed and an unserved capias for his or her arrest; or

    (B) have been arrested on an MTR or Motion to Adjudicate, but have 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 offenders who are legally on community supervision and who work or reside in the jurisdiction in which they are being supervised and receive 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. Local community supervision and corrections departments (CSCDs) may maintain direct supervision of offenders living or working in adjoining jurisdictions if the CSCD has documented approval from the adjoining jurisdictions.

  (4) Face-to-face Contact is when a CSO communicates in person with the offender.

  (5) Field Visit is when a CSO communicates in person with the 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 contacted the CSO in person 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. The CSCD directors shall develop a system of offender supervision that is based upon, but not limited to:

  (1) the jurisdiction's profile of revoked offenders;

  (2) the jurisdiction's profile of offenders under direct community supervision;

  (3) the offender's identified risk 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) standards and policies; and

  (6) policies of the local judiciary.

(c) Supervision Process. CSOs shall provide direct supervision for cases to include, but not be limited to, the following tasks:

  (1) Orientation and Intake. An orientation and intake session with the offender shall be conducted after the court has placed the offender under supervision. This session 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) Assessments. An assessment process that gathers relevant and valid information shall be completed on 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 two months of the date of community supervision placement, acceptance of a transfer case or discharge from any residential facility, jail, or institution, the CSO or Qualified Credentialed Counselor (QCC) 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) Case Supervision or Treatment Plan. Within two months of the date of the most recent community supervision placement, the CSO shall develop a written individualized case supervision or treatment plan based on the offender's criminogenic needs to address specific problem areas and assist the offender to achieve responsible behavior.

  (4) Reassessments. CSOs or a QCC shall reevaluate criminogenic needs, factors, and supervision plans at least every 12 months for all direct cases. 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) Supervision Contacts. CSOs shall make face-to-face, field visit, telephone, and collateral contacts with the offender, family, community resources, or other persons pursuant to and consistent with a supervision plan and the level of supervision on which the offender is being supervised. Each CSCD director shall establish supervision contact and casework standards at a level appropriate for that jurisdiction, but in all cases, offenders at increased levels of supervision because of assessments of greater risk or special needs shall receive a higher level of contacts than offenders at lower levels of supervision. The nature and extent for supervision contacts with offenders shall be specified in the CSCD's written policies and procedures.

  (6) Documentation in Supervision Case Files. CSOs shall use a problem oriented record keeping system to document all significant actions, decisions, services rendered, and periodic evaluations in the offender's case file, including, but not limited to, 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) Violations. CSCD directors shall establish written policies and procedures that require CSOs to make recommendations to the courts regarding violations of the conditions of community supervision, as well as when violations may be handled administratively. The availability of progressive interventions and sanctions as alternatives to incarceration and incentives shall be considered by the CSO and recommended to the court in eligible cases as determined appropriate by the jurisdiction.

  (8) Intrastate Transfers. The standards strive to ensure public safety by recognizing the need of the sending and receiving jurisdictions to continue control and supervision over these offenders.

    (A) Except in cases of non-CSCD residential facility placements, supervision shall be transferred if an offender meeting the definition of direct supervision 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. The CSCD directors shall ensure that CSOs providing direct supervision to offenders transferred from other Texas jurisdictions shall fully enforce the order of the court that placed an individual on community supervision. It is the responsibility of the offender to comply with the conditions of community supervision as imposed by the court. The CSCD directors shall ensure that CSOs provide the same level of supervision to courtesy cases as they do for the offenders in their jurisdiction. The documents necessary for transfer shall include the transfer form, the court order placing the offender on community supervision citing all conditions of community supervision, the offense report, criminal history, state identification (SID) or personal identifier (PID) number within 90 days of transfer to the receiving jurisdiction, the pre and post-sentence investigation report where legally mandated and any assessments that have been completed. The CSCD directors who decline or cease to provide courtesy supervision to offenders from other jurisdictions shall immediately notify, in writing, the original jurisdiction of the reasons for declining supervision. The CSCDs that cease to provide courtesy supervision to offenders from other jurisdictions for violations other than absconding shall consult with the original jurisdiction before closing supervision. They will then notify the original jurisdiction, in writing, of the reason for closing supervision.

    (B) Dual Supervision: The court retaining jurisdiction over an offender may also order the offender to report to the original jurisdiction as well as the jurisdiction where the offender resides or works.

  (9) Transporting Offenders. CSOs shall not transport offenders held in a county jail pursuant to an arrest warrant. All other transportation of offenders shall be in accordance with the CSCD's policies or pursuant to a court order.

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

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