TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS

37 TAC §163.3

The Texas Board of Criminal Justice proposes amendments to §163.3, concerning Community Justice Assistance Division Objectives. The amendments are proposed in conjunction with a proposed rule review of §163.3 as published in other sections of the Texas Register. The proposed amendments are necessary to make grammatical and formatting updates.

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 or on rural communities. Therefore, no regulatory flexibility analysis is required.

The anticipated public benefit, as a result of enforcing the rule, will be to simplify the rule and make it easier to read and comprehend. No cost will be imposed on regulated persons.

The rule will have no impact on government growth; no creation or elimination of employee positions; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy.

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.

§163.3.Objectives.

The objectives of the Texas Department of Criminal Justice Community [Justice-Community] Justice Assistance Division (TDCJ CJAD) [(TDCJ-CJAD)] standards are to:

(1) [to] make community supervision and corrections available to every judicial district in Texas;

(2) [to] continue community supervision and corrections as a viable criminal justice sanction;

(3) [to] assist each community supervision and corrections department (CSCD) [Community Supervision and Corrections Department (CSCDs)] in providing protection to the community and rehabilitation services for the offender;

(4) [to] provide technical assistance in the establishment, improvement, and expansion of community-based programs;

(5) [to] coordinate information and services available from federal, state, and local resources;

(6) [to] establish minimum uniform community supervision and corrections administration standards;

(7) [to] establish a statewide statistical information service;

(8) [to] enhance the professional knowledge and skills of CSCD personnel by providing statewide and regional education and training, and by providing assistance for in-service training with the departments;

(9) [to] establish an ongoing assessment and evaluation of community supervision and community-based correctional methods and systems; and

(10) [to] establish regionally based programs serving two or more jurisdictions where such programs address similar offender profiles.

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 July 2, 2018.

TRD-201802908

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: August 12, 2018

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


37 TAC §163.38

The Texas Board of Criminal Justice proposes amendments to §163.38, concerning Sex Offender Supervision. The amendments are proposed in conjunction with a proposed rule review of §163.38 as published in other sections of the Texas Register. The proposed amendments are necessary to update formatting, conform the rule to current practice, and to update statutory citations.

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 or on rural communities. Therefore, no regulatory flexibility analysis is required.

The anticipated public benefit, as a result of enforcing the rule, will be to conform the rule to current practice, simplify the rule making it easier to read and comprehend, and to update statutory citations. No cost will be imposed on regulated persons.

The rule will have no impact on government growth; no creation or elimination of employee positions; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy.

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 Code of Criminal Procedure Art. 42A & Chapter 62; Texas Government Code §§76.016, 492.013, 509.003; and the Texas Penal Code.

Cross Reference to Statutes: None.

§163.38.Sex Offender Supervision.

(a) Definitions.

(1) Jurisdictional Authority is a sentencing court, the Board of Pardons and Paroles (BPP), or a division of the Texas Department of Criminal Justice [(TDCJ)] as applicable to the offender.

(2) Sex Crime is a reportable offense under Texas Code of Criminal Procedure Article [(TCCP) art.] 62.001(5)[;] or an offense identified as a sexual offense by the Texas Penal Code[;] laws of the United States, another state, [or] another country,[;] or the Uniform Code of Military Justice [as a sexual offense].

(3) Sex Offender is an offender who:

(A) is [Is] convicted of committing or adjudicated to have committed a sex crime;

(B) is [Is] awarded deferred adjudication for a sex crime; or

(C) has [Has] been ordered by the jurisdictional authority to participate in sex offender supervision or treatment.

(b) A community [Community] supervision and corrections department [departments] (CSCD) [(CSCDs)] supervising sex offenders shall ensure consistency in the manner in which sex offenders are supervised throughout the department. Policies and procedures shall be developed that, at a minimum, include the following:

(1) contact [Contact] standards as per 37 Texas Administrative Code [(TAC)] §163.35(c)(5)[(7)];

(2) sex [Sex] offender registration as per Texas Code of Criminal Procedure [TCCP] Chapter 62;

(3) DNA collection as per Texas Code of Criminal Procedure Article 42A.301(b)(21) [TCCP art. 42.12, Sec. 11(a)(22)];

(4) violation [Violation] procedures as per 37 Texas Administrative Code [TAC] §163.35(c)(7)[(9)];

(5) victim notification [Victim services] as per Texas Government Code §76.016;

(6) treatment [Treatment] referral process as per Texas Code of Criminal Procedure Article 42A.453(i) [TCCP art. 42.12, Sec. 13B(c)];

(7) treatment [Treatment] participation requirements;

(8) team [Team] approach to supervision;

(9) sharing [Sharing] of information and documentation with the appropriate agencies; and

(10) specialized [Specialized] caseload size, if applicable.

(c) Each CSCD [CSCDs] shall develop policies and procedures that address the needs and safety of victims or potential victims. The policies may include collaborating with victims, victim advocates, or sexual assault task forces in the supervision and treatment of sex offenders.

(d) Community supervision officers (CSOs) shall use a record keeping system to document all significant actions, decisions, services rendered, and periodic evaluations in each [the] offender's case file, including the offender's [status regarding] level of supervision, compliance with the conditions of community supervision, progress with the supervision plan, and responses to intervention.

(e) CSOs shall collaborate with collateral sources, including[. Collateral sources may include] treatment providers, polygraph examiners, significant others, sex offender registration personnel, sex offenders' families, local law enforcement, schools, Child [Children's] Protective Services [(CPS)], employers, chaperones, and victim service providers.

(f) CSOs shall recommend that conditions be tailored to the sex offender's identified risk.

(g) CSOs shall make face-to-face[,] field visits 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 higher levels of supervision shall receive a higher level of contacts than offenders at lower levels of supervision. Supervision contacts shall be specified in the CSCD [CSCDs] written policies and procedures.

(h) Each CSCD director [directors ] shall work [in conjunction] with the local judiciary to specify written policies and procedures wherein CSOs may make recommendations to the courts regarding violations of conditions of community supervision, as well as when violations may be handled administratively. The [availability of the] continuum of sanctions or alternatives to incarceration shall be considered by the CSO and recommended to the court in eligible cases as determined appropriate by the jurisdiction.

(i) CSOs shall timely transmit information regarding supervision and treatment upon transfer of [at the time] supervision [is transferred].

(j) In addition to the above, a CSCD [CSCDs ] may operate specialized caseloads for sex offenders. In this event, the CSCD [CSCDs] shall have a written policy that:

(1) establishes [Establishes] minimum qualifications and training requirements for CSOs supervising sex offenders; and

[(2) Determines the minimum training requirements for CSOs supervising sex offenders; and]

(2) [(3)] specifies [Specifies] the number of staff required for the increased level of supervision essential for the specialized supervision of sex offenders. The [recommended] caseload size shall not exceed 60 offenders per caseload [CSO to offender ratio is 1 to 45].

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 July 2, 2018.

TRD-201802910

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: August 12, 2018

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