| (a) The only entities, other than the state, that are
authorized to operate a correctional facility to house in this state,
inmates convicted of offenses against the laws of another state of
the United States are:
(1) a county or municipality; and
(2) a private vendor operating a correctional facility
under a contract with a county under Subchapter F, Chapter 351, Local
Government Code, or a municipality under Subchapter E, Chapter 361,
Local Government Code.
(b) A private vendor operating a correctional facility
in this state may not enter into a contract for housing out-of-state
inmates. A county Commissioners court or the governing body of a municipality
may enter into a contract with another state or a jurisdiction in
another state for housing out-of-state inmates.
(c) At a minimum all contracts shall:
(1) require facility compliance with Minimum Jail Standards;
(2) require that all inmates confined pursuant to the
contract be released within the jurisdiction of the sending entity;
(3) require that all inmates records concerning classification,
to include conduct records, be reviewed by the receiving entity prior
to transfer of the inmate;
(4) require that the sending entity determine inmate
custody level in accordance with Chapter 271 of this title (relating
to Classification and Separation of Inmates) to ensure that custody
level assignments do not exceed the construction security level availability;
(5) require that inmates with a record of institutional
violence involving the use of a deadly weapon or a pattern of violence
while confined in the sending state, escape, or attempted escape from
secure custody are not eligible for transfer unless a specific waiver
has been granted by the Commission;
(6) require that all appropriate medical information
be provided prior to transfer, to include certification of tuberculosis
screening or treatment;
(7) require provisions for termination of contract
within 90 days by receiving entity; and
(8) require termination of contract if so ordered by
the Commission, pursuant to the Government Code, §511.096.
(d) The receiving entity shall develop and implement
a written procedure outlining the coordination of law enforcement
activities in the case of riot, rebellion, escape, or other situations
requiring assistance from city, county, or state law enforcement agencies.
The Commission may require the receiving entity or sending state to
reimburse the state for emergency assistance. The procedure shall
be submitted to the Commission for approval.
(e) The receiving entity shall provide the Commission
with a statement of custody level capacity and availability.
(f) All operational requirements shall meet or exceed
Texas Minimum Jail Standards and require Commission approval prior
to implementation.
(g) All receiving entities shall maintain a certificate
of compliance from the Commission.
(h) Copies of unsigned and signed contracts, along
with addenda, shall be submitted to the Commission for review and
approval respectively. Signed contracts between a private vendor and
receiving entity shall be provided by the vendor for review and approval.
The vendor shall also provide a biographical history for review.
(i) The receiving entity shall promptly notify the
Commission of any major incidents, including escapes.
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