|(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;
(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
(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
(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
(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
(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
(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
(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