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 Commission proposes amendments to §269.1, concerning Record System. The amendments affect paragraph (5) and paragraph (7), concerning Deaths in Custody and Serious Incidents Reports, as required by Senate Bill 1849, 85th Legislature. Amended paragraph (5) requires the Texas Commission on Jail Standards to appoint a law enforcement agency other than the local law enforcement agency that operates the county jail to investigate the death. Furthermore, upon conclusion of the investigation by the designated law enforcement agency, the report shall be submitted to the Texas Commission on Jail Standards. Paragraph (7) requires the sheriff/operator of each county to report each month to the Texas Commission on Jail Standards the occurrence during the preceding month of any incidents involving an inmate in the county jail as required by §511.020.

Brandon S. Wood, Executive Director, has determined that for the first five year period the amended rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rule.

Mr. Wood has determined that for each year of the first five years the proposed rule is in effect the public benefits anticipated as a result of enforcing the new rule as proposed will be clarification of existing standards. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.

Comments on the proposed rule may be submitted to Fred St. Amant, P.O. Box 12985, Austin, Texas 78711, fax (512) 463-3185, or e-mail at fredrick.stamant@tcjs.state.tx.us.

The amendment is proposed under Government 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.

The statutes that are affected by this amendment are Local Government Code, Chapter 351, §351.002 and §351.015.

§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. [Upon conclusion of the investigation by the sheriff/operator or any other designated law enforcement agency, the sheriff or operator shall forward the report to the Texas Commission on Jail Standards within 10 days.]

(C) Upon conclusion of the investigation by the designated law enforcement agency, the report shall be submitted to the Texas Commission on Jail Standards. [The report on the death shall be made available for review by Commission staff upon request.]

(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 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 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 August 31, 2017.

TRD-201703448

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: October 15, 2017

For further information, please call: (512) 463-5505


CHAPTER 273. HEALTH SERVICES

37 TAC §273.2

The Commission proposes an amendment to §273.2, concerning Health Services Plan. The amendment adds paragraph (12), concerning continuity of prescription medications, as required by Senate Bill 1849, 85th Legislature. The new paragraph requires a qualified medical professional to review any prescription medication a prisoner is taking when the prisoner is taken into custody.

Brandon S. Wood, Executive Director, has determined that for the first five year period the proposed rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rule.

Mr. Wood has determined that for each year of the first five years the proposed rule is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be clarification of existing standards. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.

Comments on the proposed rule may be submitted to Fred St. Amant, P.O. Box 12985, Austin, Texas 78711, fax (512) 463-3185, or e-mail at fredrick.stamant@tcjs.state.tx.us.

The amendment is proposed under Government 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.

The statutes that are affected by this proposed rule are Local Government Code, Chapter 351, §351.002 and §351.015.

§273.2Health Services Plan.

Each facility shall have and implement a written plan, approved by the Commission, for inmate medical, mental, and dental services. The plan shall:

(1) provide procedures for regularly scheduled sick calls;

(2) provide procedures for referral for medical, mental, and dental services;

(3) provide procedures for efficient and prompt care for acute and emergency situations;

(4) provide procedures for long-term, convalescent, and care necessary for disabled inmates;

(5) provide procedures for medical, mental, nutritional requirements, special housing and appropriate work assignments and the documented use of restraints during labor, delivery and recovery for known pregnant inmates. A sheriff/operator shall notify the commission of any changes in policies and procedures in the provision of health care to pregnant prisoners. A sheriff/operator shall notify the commission of any changes in policies and procedures in the placement of a pregnant prisoner in administrative separation;

(6) provide procedures for the control, distribution, secured storage, inventory, and disposal of prescriptions, syringes, needles, and hazardous waste containers;

(7) provide procedures for the distribution of prescriptions in accordance with written instructions from a physician by an appropriate person designated by the sheriff/operator;

(8) provide procedures for the control, distribution, and secured storage of over-the- counter medications;

(9) provide procedures for the rights of inmates to refuse health care in accordance with informed consent standards for certain treatments and procedures (in the case of minors, the informed consent of a parent, guardian, or legal custodian, when required, shall be sufficient);

(10) provide procedures for all examinations, treatments, and other procedures to be performed in a reasonable and dignified manner and place; [and]

(11) provide that adequate first aid equipment and patient evacuation equipment be on hand at all times; and[.]

(12) 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.

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 August 31, 2017.

TRD-201703451

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: October 15, 2017

For further information, please call: (512) 463-5505