TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 9. TEXAS COMMISSION ON JAIL STANDARDS

CHAPTER 269. RECORDS AND PROCEDURES

SUBCHAPTER A. GENERAL

37 TAC §269.1

The Texas Commission on Jail Standards adopts an amendment to §269.1, concerning Records System with changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4767) and will be republished.

This section requires the Texas Commission on Jail Standards to appoint a Law Enforcement Agency other than the agency operating the county jail to investigate the custodial death of a jail inmate. SB 1849 of the 85th Legislature requires the Texas Commission on Jail Standards to adopt language in its Standards to this effect.

This amendment replaces §269.1(5)(B) and (C), which require the investigating agency to forward its report to the Commission with 10 days and require the report to be made available for review by the Commission upon request. The current provisions are made obsolete by the adopted rules. This amendment further adds §269.1(7), which requires the Sheriff or operator of each county jail to report serious incidents to the Commission by the fifth of each month.

The rules will enhance transparency and reduce potential conflict of interest by ensuring that the investigation of custodial death is not conducted by the jail operator in which the death occurred but by an outside agency with no interest in the outcome of the investigation. They will also ensure the Commission is aware of serious incidents in a timely manner.

The Texas Justice Initiative commented on the rule by recommending the Commission establish rules for appointing a law enforcement agency, establish a relevant conflict of interest policy, standards for conducting the investigation, a standard form and its contents for reporting the investigation, compile the form information and data, and make them publicly available for research purposes, consistent with laws governing protected information.

The agency agrees to the value of the recommendations and will respond favorably to them insofar as our already strained resources permit.

The amendment is adopted under Gov. Code, Chapter §511.0085(a)(8), which requires the Commission to develop a comprehensive set of risk factors to use in assessing the overall risk level of each jail under the Commission's jurisdiction, including the number and nature of inmate deaths at the jail and the results of the investigations of those deaths. It is also adopted under Gov. Code, Chapter §511.0085(b)(2), which requires the Commission to regularly monitor the overall risk level of each jail.

§269.1.Record System.

The sheriff/operator shall maintain the following records:

(1) a daily record of the number of inmates in the facility;

(2) a record on each inmate including:

(A) intake;

(B) identification;

(C) classification;

(D) property;

(E) discipline;

(F) grievance;

(G) commissary;

(H) medical;

(I) incidents or unusual occurrences;

(J) release;

(K) documentation relating to the continued custody of inmates;

(L) receipts and expenditures of inmate accounts.

(3) a separate written record of all incidents which result in physical harm or serious threat of physical harm to an employee, visitor, or inmate in a facility. Such record shall include the names of the persons involved, a description of the incident, the actions taken, and the date and time of the occurrence. Such a written record shall be prepared and submitted to the sheriff/operator within 24 hours of the incident.

(4) Escape From Custody Report

(A) The Texas Commission on Jail Standards shall be notified of all escapes from a facility within 24 hours of the escape.

(B) A report of the escape shall be made available for review by Commission staff upon request.

(5) Deaths in Custody

(A) The Texas Commission on Jail Standards shall be notified of all deaths of inmates while in the custody of sheriff/operator within 24 hours of the death.

(B) The Commission shall appoint a law enforcement agency, other than the local law enforcement agency that operates the county jail, to investigate the death.

(C) Upon conclusion of the investigation by the designated law enforcement agency, the report shall be submitted to the Texas Commission on Jail Standards.

(6) Information on Licensed Jailer Turnover Report. On or before the fifth day of each month, each jail under the Commission's purview shall submit a report, on a form prescribed by the Commission, the number of licensed jailers who left employment at the jail during the previous month.

(7) Serious Incidents Report. Information on Serious Incidents Report. On or before the fifth day of each month, the sheriff/operator of each county jail shall report to the Commission, on a form prescribed by the Commission, regarding the occurrence during the preceding month any incidents involving an inmate in the county jail as required by §511.020.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 7, 2017.

TRD-201704503

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: January 1, 2018

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-2690


CHAPTER 273. HEALTH SERVICES

37 TAC §273.2

The Texas Commission on Jail Standards adopts amendments to §273.2, concerning continuity of prescription medications without changes to proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4768) and will not be republished.

This section requires the Texas Commission on Jail Standards to provide procedures that shall require that a qualified medical professional shall review as soon as possible any prescription medication a prisoner is taking when the prisoner is taken into custody. SB1849 of the 85th Legislature requires the Texas Commission on Jail Standards to adopt language in its Standards to this effect.

This amendment adds §273.2, paragraph 12 to ensure inmates receive timely medical care with the efficient continuance of medications when taken into custody.

No comments were received.

The amendment is adopted under Gov. Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails. Specifically, §511.009(a)(18)(B) requires the Commission to "adopt reasonable rules and procedures establishing minimum requirements for jails to … ensure that the jail's health services plan addresses medical and mental health care …."

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 7, 2017.

TRD-201704504

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: January 1, 2018

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-2690


PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

SUBCHAPTER A. ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE

DIVISION 2. COMMITMENT AND RECEPTION

37 TAC §380.8505

The Texas Juvenile Justice Department (TJJD) adopts amendments to §380.8505, concerning Initial Assessment, without changes to the proposed text as published in the September 22, 2017, issue of the Texas Register (42 TexReg 4980).

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the section is the continuity of care for youth who were prescribed psychotropic medications prior to admission to TJJD.

SUMMARY OF CHANGES

The amended rule adds a requirement that a youth will receive a comprehensive psychiatric evaluation no later than 21 calendar days after admission to TJJD if that youth has been prescribed psychotropic medication at any time within the 60 days prior to admission.

In addition, the amended rule clarifies that a youth will receive a comprehensive psychiatric evaluation no later than 21 calendar days after admission to TJJD if that youth has been committed under a determinate sentence.

PUBLIC COMMENTS

TJJD did not receive any public comments on the proposed rulemaking action.

STATUTORY AUTHORITY

The amended section is adopted under §242.003, Human Resources Code, which authorizes TJJD to adopt rules appropriate to the proper accomplishment of its functions and to adopt rules for governing TJJD schools, facilities, and programs. The amended section is also adopted under §244.001, Human Resources Code, which authorizes TJJD to adopt rules relating to the examination of youth upon commitment to TJJD.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 10, 2017.

TRD-201704553

Karen Kennedy

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: December 1, 2017

Proposal publication date: September 22, 2017

For further information, please call: (512) 490-7278