TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 151. GENERAL PROVISIONS

37 TAC §151.71

The Texas Board of Criminal Justice proposes amendments to §151.71, concerning Marking of State Vehicles of the Department of Criminal Justice. The amendments are proposed in conjunction with a proposed rule review of §151.71 as published in other sections of the Texas Register. The proposed amendments are necessary to update formatting.

Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.

Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to update the existing rule.

Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013; Texas Transportation Code §721.002, §721.003.

Cross Reference to Statutes: None.

§151.71. Marking of Texas [State Vehicles of the] Department of Criminal Justice Vehicles.

(a) Except as provided in subsections (b) and (c) of this rule [section], all Texas Department of Criminal Justice (TDCJ) vehicles shall be inscribed in accordance with Texas Transportation Code §721.002 and §721.003.

(b) The purposes for not inscribing TDCJ vehicles are to legitimately maintain anonymity for law enforcement purposes, to avoid damage to a vehicle or danger to staff that could occur if the vehicle were identified as a TDCJ vehicle, and to avoid hindrance of TDCJ efforts in an emergency, such as an escape, attempted escape, or riot. Accordingly, the following vehicles are exempt from inscription:

(1) vehicles used for surveillance, undercover work, or investigation of law or TDCJ policy violations by the Office of the Inspector General or any other investigatory unit within the TDCJ;

(2) vehicles assigned to officials holding administrative positions whose jobs require response to emergency situations involving offenders; and

(3) vehicles used to conduct home visits of offenders under supervision of the TDCJ [Agency].

(c) The TDCJ shall establish a procedure for determining whether a vehicle is subject to an exemption in subsection (b) of this rule [section]. If the executive director [Executive Director] determines that a vehicle should be exempt but does not fit into an exemption under subsection (b) of this rule [section], the executive director [Executive Director] may authorize the non-inscription of the vehicle subject to ratification at the next regularly scheduled meeting of the Texas Board of Criminal Justice (TBCJ) [(Board)]. Ratification may be by inclusion under consent items on the TBCJ [Board's] meeting agenda at such meeting as described above.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606481

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 22, 2017

For further information, please call: (936) 437-6700


37 TAC §151.73

The Texas Board of Criminal Justice proposes amendments to §151.73, concerning Texas Department of Criminal Justice Vehicle Assignments. The amendments are proposed in conjunction with a proposed rule review of §151.73 as published in other sections of the Texas Register. The proposed amendments are necessary to update formatting.

Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.

Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to update the existing rule.

Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, §2101.0115, §2113.013, §2171.1045, §2203.004.

Cross Reference to Statutes: None.

§151.73.Texas Department of Criminal Justice Vehicle Assignments.

(a) It is the policy of the Texas Board of Criminal Justice (TBCJ) that each Texas Department of Criminal Justice (TDCJ[or Agency]) vehicle, with the exception of any vehicle assigned to a field employee, the Office of the Inspector General (OIG), and as noted in subsection (c) of this rule, be assigned to the TDCJ [Agency] motor pool and be available for check out.

(b) TDCJ [Agency] vehicles shall only be used on official state business. TDCJ [Agency] vehicles shall not be used to transport employee pets.

(c) The TDCJ [Agency] may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis, if the TDCJ [Agency] determines the assignment of the vehicle is critical to the needs and mission of the TDCJ [Agency]. Such vehicle assignments may include[, but are not limited to,] vehicles used for law enforcement purposes and vehicles assigned to positions that are required to respond to emergency situations.

(d) The executive director [Executive Director] may authorize an employee to use a [an] TDCJ [Agency] vehicle to commute to and from work when it is determined the use of the vehicle may be necessary to ensure that vital TDCJ [Agency] functions are performed. The name and job title of each employee authorized for such use and the reasons for the authorization must [shall] be included in the TDCJ [Agency] annual report required by [filed pursuant to] Texas Government Code §2101.0115.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606484

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 22, 2017

For further information, please call: (936) 437-6700


CHAPTER 155. REPORTS AND INFORMATION GATHERING

SUBCHAPTER B. SITE SELECTION AND FACILITY NAMES

37 TAC §155.23

The Texas Board of Criminal Justice proposes amendments to §155.23, concerning the Site Selection Process for the Location of Additional Facilities. The amendments are proposed in conjunction with a proposed rule review of §155.23 as published in other sections of the Texas Register. The proposed amendments are necessary to update formatting.

Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.

Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to update the existing rule.

Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §§492.013, 496.007.

Cross Reference to Statutes: None.

§155.23.Site Selection Process for the Location of Additional Facilities.

(a) Purpose. This rule [section] establishes procedures [policy] for determining the location of new Texas Department of Criminal Justice (TDCJ) facilities in a manner that is fair and open, [is] cost-effective for construction and operations, and sensitive to the ultimate mission of the facilities sited. Determining the location of a new facility designed to house offenders is a multi-factor process [entailing a number of factors,] that assesses [including] cost-effectiveness, logistical support requirements, operational concerns, and legal mandates.

(b) Definitions. The following words and terms, when used in this rule[section], shall have the following meanings, unless the context clearly indicates otherwise.

(1) Facility is a substantially self-contained, permanently constructed correctional facility for housing offenders. This includes prison units, state jails, transfer facilities, and substance abuse felony punishment [Substance Abuse Felony Punishment] (SAFP) facilities, but does not include community corrections facilities, as defined by Texas Government Code §509.001, or parole facilities defined in Texas Government Code §§508.118, 508.119, or 508.320.

(2) Prison unit [Unit] includes a private prison under Texas Government Code Chapter 495, Subchapter A (Contracts with Private Vendors and Commissioners Courts), a psychiatric unit, and a unit whose capacity is determined by Texas Government Code Chapter 499, Subchapters B (Population Management)[, ] and E (Unit and System Capacity).

(3) SAFP facility [Facility] is a substance abuse felony punishment [Substance Abuse Felony Punishment] facility authorized by Texas Government Code §493.009.

(4) State jail [Jail] is a state jail felony facility authorized by Texas Government Code Chapter 507.

(5) Transfer facility [Facility] is a facility authorized by Texas Government Code Chapter 499, Subchapter G (Transfer Facilities).

(c) Procedures.

(1) The Legislative Budget Board is responsible for projecting the demand for prison unit, state jail, SAFP facility, and transfer facility beds. Based on these projections, a plan shall be developed by [the] TDCJ staff and adopted by the Texas Board of Criminal Justice (TBCJ [board]) that details how any additional bed needs shall be met. This plan shall be presented to the legislature with a request for appropriations. With respect to new facilities requiring the selection of a site, the plan adopted by the TBCJ [board] shall include:

(A) Recommendations for specific types of facilities needed by the TDCJ, the approximate size of each facility, and the regional distribution by facility type;

(B) A description of each facility's mission;

(C) A description of the type of offenders to be housed in each facility and the programming requirements for that population; and

(D) Any recommendations for re-designation and renovation of existing facilities.

(2) Site selections shall be made in accordance with and through a Request for Proposals (RFP) process, unless the TBCJ [board] determines that land currently owned by the state shall be used as the site for the location of additional facilities, in which case a RFP process shall not be required. The RFP shall be based on the array of facilities authorized by the legislature. For each round of site selections, the RFP shall specify:

(A) Types of facilities needed;

(B) Minimum acreage and site characteristics required for each facility type;

(C) Requirements for geotechnical information based on drilling matrix and site preparation requirements;

(D) Requirements for verified documentation of the absence of any environmental problems and historical preservation conditions;

(E) Requirements for supporting information such as easement, utility, and topographical maps;

(F) Requirements for description of land values, transferability of mineral rights, surface leases, easements, title report, warranty deed, aerial photographs, and other issues affecting the timely transferability of a site;

(G) Transportation and utility requirements; and

(H) Requirements for soliciting citizen input and state and local elected official input regarding a specific site.

(3) Under the direction of the TDCJ executive director, the Facilities Division shall coordinate the site selection process. In accordance with the TBCJ [board] approved criteria and process, [the] TDCJ staff shall be responsible for the development of the RFP, devising and completing scoring instruments, as well as cost analysis for TBCJ [board] review and action. Information presented to the TBCJ [board ] shall:

(A) Be structured in a uniform format as illustrated in the Facilities Division policies and procedures;

(B) Include data from a weighted scoring evaluation system that objectively assesses each site based on the proposal requirements, the site visit, and supporting information developed before any review, based on the Facilities Division policies and procedures and on the requirements outlined in the RFP;

(C) Include life-cycle cost calculations for a specific time period for each responsive proposal;

(D) Include information relating to the workforce available in the area surrounding each proposed site from which the TDCJ would recruit correctional staff; and

(E) Identify and explain any deviations from the TBCJ [board] approved process.

(4) Any selection process shall take into consideration the intent of the legislature to locate each facility:

(A) In close proximity to a county with 100,000 or more inhabitants to provide services and other resources provided in such a county;

(B) Cost-effectively with respect to its proximity to other TDCJ facilities[in the TDCJ];

(C) In close proximity to an area that would facilitate release of offenders or persons to their area of residence; and

(D) In close proximity to an area that provides adequate educational opportunities and medical care.

(5) The TBCJ [board] shall be responsible for site selection, but may request that TDCJ staff provide a short list of recommended sites or a preference ranking of sites with an explanation for the recommendation or ranking. Staff recommendations shall be determined through the scoring of information contained in each submitted proposal based on RFP requirements, actual site assessment, and information obtained from external and internal sources for each site. Staff recommendations may include, and the TBCJ [board] may select, a site other than one contained in the submitted proposals if the site is on state-owned land.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606501

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 22, 2017

For further information, please call: (936) 437-6700


CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS

37 TAC §163.21

The Texas Board of Criminal Justice proposes amendments to §163.21, concerning Administration. The amendments are proposed in conjunction with a proposed rule review of §163.21 as published in other sections of the Texas Register. The proposed amendments are necessary to update formatting.

Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.

Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to update the existing rule.

Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §§492.013, 509.003.

Cross Reference to Statutes: None.

§163.21.Administration.

(a) Appointment and Responsibilities of a Community Supervision and Corrections Department (CSCD [or department]) Director.

(1) When there is a vacancy in the position of CSCD director, the judge or judges as described by Texas Government Code §76.002 shall:

(A) Publicly advertise the position;

(B) Post a job description, the qualifications for the position, and the application requirements;

(C) Conduct a competitive hiring process and adhere to state and federal equal employment opportunity laws; and

(D) Review applicants who meet the posted qualifications and comply with the application requirements.

(2) The judge or judges as described by Texas Government Code §76.002 shall appoint a CSCD director who shall meet, at a minimum, the eligibility requirements for community supervision officers (CSOs) established under Texas Government Code §76.005 and 37 Texas Administrative Code §163.33 [(relating to CSOs)].

(3) The CSCD director shall employ a sufficient number of officers and other employees to conduct presentence [pre-sentence ] investigations, supervise and rehabilitate defendants placed on community supervision, enforce the conditions of community supervision, and staff community corrections facilities. A person employed under this subsection is an employee of the CSCD [department ] and not of the judges or judicial districts.

(4) The Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD [TDCJ-CJAD]) director shall be notified by the administrative judge of the appointment of a CSCD director.

(5) The CSCD director shall perform or delegate the responsibility for performing the following duties:

(A) Overseeing the daily operations of the CSCD [department];

(B) Preparing, annually or biennially, a budget for the CSCD [department];

(C) Negotiating and entering into contracts on behalf of the CSCD [department];

(D) Establishing policies and procedures for all functions of the CSCD [department];

(E) Developing personnel policies and procedures, including disciplinary proceedings; and

(F) Establishing procedures and practices through which the CSCD [department] will address an employment-related grievance.

(b) Administrative Manual. The CSCD director shall [be responsible for] develop, update, revise, and maintain [developing, updating, revising and maintaining] an administrative manual that defines the CSCD's general purposes and functional objectives. The CSCD director shall ensure the administrative manual is available to all staff members and provide the TDCJ CJAD [TDCJ-CJAD] director with a copy of the CSCD's administrative manual for review upon request. The manual shall incorporate all of the written policies and procedures, which shall provide a detailed description of the procedures followed in performing the routine tasks of the CSCD [department]. At a minimum, the policies and procedures in the manual shall include:

(1) Human Resources.

(A) Recruitment procedures;

(B) Promotion requirements and procedures;

(C) Equal employment opportunity and [Employment Opportunity Commission (EEOC)/affirmative action provisions;

(D) Provisions of the Americans with Disabilities Act;

(E) Provisions of the FairLabor Standards Act;

(F) Provisions of the FamilyMedical Leave Act;

(G) Sexual harassment policy;

(H) Confidentiality of information;

(I) Organizational plan or [/]chart;

(J) Salary scales;

(K) Benefits;

(L) Holidays and work schedules;

(M) Explanation of amount and limitations of leaves;

(N) Personnel records;

(O) Employee performance appraisals;

(P) Disciplinary procedures;

(Q) Grievance procedures;

(R) Probationary employment periods;

(S) Contract employees;

(T) Dress code;

(U) Pre-employment criminal record checks;

(V) Staff safety;

(W) Political participation;

(X) Travel and [/]mileage reimbursement policy; and

(Y) Immigration Reform and Control Act.

(2) Medical.

(A) Medical and psychological records management;

(B) Contagious disease policy, including Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS); and

(C) Tuberculosis and other communicable diseases.

(3) Supervision.

(A) Supervision description;

(B) Assessment and remediation of literacy skills for offenders;

(C) Arrest and firearms policy and procedures; and

(D) Presentence [Pre-sentencing] investigation and reporting policy and procedures.

(4) Standards.

(A) Code of ethics;

(B) Training and staff development;

(C) Job descriptions, qualifications, and responsibilities;

(D) Insurance and honesty bonds;

(E) Intrastate and interstate compact policies and procedures;

(F) Case classification and case management;

(G) Supervision of offenders and [/]continuum of sanctions (policies [policy] and procedures [procedure]);

(H) Internal case management audit procedures; and

(I) Violation of community supervision order procedures.

(c) Ethics. The CSCD director shall provide each CSCD employee with a copy of the Code of Ethics adopted by the TDCJ CJAD [TDCJ-CJAD] and a copy of the procedure developed by the CSCD director that shall be used to review and investigate an alleged ethics violation. All employees of the CSCD shall comply with the Code of Ethics developed by the TDCJ CJAD [TDCJ-CJAD].

(d) Internal Audits. Each CSCD shall have a designated procedure to monitor the skill levels and training needs of individual staff members and shall develop a plan to meet those needs. Internal audits of direct supervision cases shall be conducted to check for standards compliance, use of case classification, and supervision planning.

(e) Records. The CSCD director shall ensure that program records and statistical data consistent with the requirements of the law and TDCJ CJAD [TDCJ-CJAD] standards are maintained and provided to TDCJ CJAD [TDCJ-CJAD] as required.

(f) Budget. The CSCD director shall prepare and operate from a budget in a manner consistent with good accounting practices and approved by the judge(s) of their judicial district. The budget shall be submitted to the TDCJ CJAD [TDCJ-CJAD] director in a format as required and within the provisions as outlined in 37 Texas Administrative Code §163.43 [(relating to Funding and Financial Management)].

(g) Multi-CSCD [Multi-Department] Districts.

(1) Judicial districts composed of more than one [(1) ] county may apply to the TDCJ CJAD [TDCJ-CJAD] director for authorization to establish more than one [(1)] CSCD within the judicial district. The application submitted by the judge(s) shall explain how the creation of more than one [(1)] CSCD [department] will promote:

(A) Administrative convenience;

(B) Economy; or

(C) Improved community supervision and corrections services and other reasons, if any.

(2) The application shall indicate the financial impact and the approval of the judges in the judicial district or districts hearing criminal cases affected by the change.

(h) Complaint Notice. Each CSCD shall notify the public, offenders, and victims of crimes, that they can direct written complaints to the CSCD and[/or] TDCJ CJAD [TDCJ-CJAD]. The notification shall be in the form of a sign posted in a conspicuous public area in each CSCD office [of the CSCD's offices], or [shall be] in the form of written brochures which are to be displayed in a conspicuous public area in each CSCD office [of the CSCD's offices]. Signs and brochures shall be written in both English and Spanish, [and shall] list the address of the CSCD director and TDCJ CJAD [TDCJ-CJAD's] address, and [shall] inform persons that attempts should first be made to resolve complaints locally; unsatisfactory results may be reported to the TDCJ CJAD [TDCJ-CJAD].

(i) Compliance with Statutes and TDCJ CJAD [TDCJ-CJAD] Policy Statements. Each [The] CSCD director [directors] shall ensure that all CSCD operations comply with all applicable local, state, and federal laws and the TDCJ CJAD [TDCJ-CJAD] policy statements and official manuals pertaining to the CSCDs.

(j) Citizen Involvement and Volunteers. If volunteers are used, the CSCD director shall ensure that suitable orientation and supervision is provided in the functions they will be expected to perform. The CSCDs are encouraged to establish and maintain opportunities for effective volunteer participation in CSCD operations. If volunteers are used, the CSCD director shall:

(1) Ensure that written policy, procedure, and practice exists for guiding the selection and utilization of citizen involvement; and

(2) Require volunteers to acknowledge and comply with all CSCD [departmental] rules governing the confidentiality of information.

(k) Victim Services. The criminal justice system recognizes the many stakeholders affected by crime and wishes to acknowledge crime victims' interests and right to be informed, heard, and protected by the system. With that goal in mind, standards are incorporated to facilitate the participation of crime victims within community supervision.

(1) Training. The CSCD victim services coordinators [Victim Services Coordinators] shall obtain no [not] less than eight [(8)] documented hours of professional, skill-based training within the first biennium of appointment to the position of victim service coordinator. Training shall be specific to community supervision and should include:

(A) Victims' rights;

(B) Victim sensitivity;

(C) Confidentiality issues; and

(D) Crime victim compensation.

(2) Policy and Procedures. Each CSCD shall adopt written policies and procedures regarding victim notification of offenders placed on community supervision and offender information that may be released to victims.

(A) Notifying the victim of the offender's crime, or if the victim has a guardian or is deceased, notifying [notify ] the guardian of the victim or close relative of the deceased victim, when the offender is released and placed on community supervision. Notification shall include the information specified in Texas Government Code §76.016, which includes:

(i) Notice the offender is being placed on community supervision;

(ii) The conditions of community supervision imposed by the court; and

(iii) The date, time, and location of any hearing or proceeding at which the conditions of the offender's community supervision may be modified or the offender's placement on community supervision may be revoked or terminated.

(B) Offender information that is public may be released to victims. Such information includes:

(i) Court ordered community supervision identifying the CSCD [department] with jurisdiction;

(ii) A written copy of the conditions of supervision;

(iii) The name of the supervising officer;

(iv) Victim service coordinator contact information;

(v) Motion to revoke supervision being filed and the results of the motion;

(vi) Information regarding the transfer of an offender to another jurisdiction and contact information; and

(vii) Information that the offender has been placed in residential confinement and released from confinement, unless such confinement is in a substance abuse treatment facility.

(3) Other information that may be released includes information that the victim would have knowledge of, such as:

(A) Uncollected or [/]unpaid restitution; and

(B) Sanctions for violating the terms and conditions of supervision.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606508

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 22, 2017

For further information, please call: (936) 437-6700