reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 273 - HEALTH SERVICES › Section 273.8 - Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
For the purpose of establishing a continuity of care system
				  for offenders with mental impairments, elderly, physically disabled, terminally
				  ill, or significantly ill, the Texas Correctional Office on Offenders with
				  Medical and Mental Impairments (TCOOMMI) and the Texas Commission on Law
				  Enforcement (TCOLE) and the Texas Commission on Jail Standards (TCJS) agree to
				  the following Memorandum of Understanding.
(1) Authority and Purpose. Senate Bill 252,
				Acts 1993, 73rd Legislature, Chapter 488, 1, codified as Texas Health and
				Safety Code, §
									614.013,
				authorizes TCOOMMI and TCOLE and the TCJS to establish a written Memorandum of
				Understanding that identifies methods for:
(A)
				identifying offenders in the criminal justice system who are mentally impaired,
				elderly, physically disabled, terminally ill, or significantly ill;
(B) developing procedures for the exchange of
				information relating to offenders who are mentally impaired, elderly,
				physically disabled, terminally ill, or significantly ill by the TCOOMMI,
				TCOLE, and the TCJS for use in the continuity of care and services program;
				and
(C) adopting rules and
				standards that assist in the development of a continuity of care and services
				program for offenders who are mentally impaired, elderly, physically disabled,
				terminally ill, or significantly ill.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 275 - SUPERVISION OF INMATES › Section 275.1 - Regular Observation by Jailers

Current through Reg. 49, No. 28; July 12, 2024
Every facility shall have the appropriate number of jailers
				  at the facility 24 hours each day. Facilities shall have an established
				  procedure for documented, face-to-face observation of all inmates by jailers no
				  less than once every 60 minutes. Observation shall be performed at least every
				  30 minutes in areas where inmates known to be assaultive, potentially suicidal,
				  mentally ill, or who have demonstrated bizarre behavior are confined. There
				  shall be a two-way voice communication capability between inmates and jailers,
				  licensed peace officers, bailiffs, and designated staff at all times. Closed
				  circuit television may be used, but not in lieu of the required personal
				  observation. Electronic sensors or cameras capable of recording the required
				  personal observations of inmates in high-risk cells or groups of cells shall be
				  installed no later than August 31, 2020.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 275 - SUPERVISION OF INMATES › Section 275.2 - Jailers Training and Licensing

Current through Reg. 49, No. 28; July 12, 2024
Personnel employed or appointed as jailers of county jails or
				  personnel appointed, employed, or assigned to directly supervise jailers shall
				  be licensed as per the requirements of the Texas Commission on Law Enforcement
				  under the provisions of Part 7 of this title. Personnel employed or appointed
				  as jailers or personnel appointed, employed, or assigned to directly supervise
				  jailers at facilities operated under vendor contract with a county or city
				  shall be licensed as per the requirements of the Texas Commission on Law
				  Enforcement under the provisions of Part 7 of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 275 - SUPERVISION OF INMATES › Section 275.3 - Temp Jailers May Not Supervise

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Occupations Code §
									1701.310(f),
				  a county jailer with a temporary license shall not be appointed as Jail
				  Administrator or to any other supervisory position and shall not be assigned
				  supervisory duties.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 275 - SUPERVISION OF INMATES › Section 275.4 - Staff

Current through Reg. 49, No. 28; July 12, 2024
Inmates shall be supervised by an adequate number of jailers
				  to comply with state law and this chapter. One jailer shall be provided on each
				  floor of the facility where 10 or more inmates are housed, with no less than 1
				  jailer per 48 inmates or increment thereof on each floor for direct inmate
				  supervision. This jailer shall provide documented visual inmate supervision not
				  less than once every 60 minutes. Sufficient staff to include supervisors,
				  jailers and other essential personnel as accepted by the Commission shall be
				  provided to perform required functions. A plan concurred in by both
				  commissioners' court and sheriff's office, which provides for adequate and
				  reasonable staffing of a facility, may be submitted to the Commission for
				  approval. This rule shall not preclude the Texas Commission on Jail Standards
				  from requiring staffing in excess of minimum requirements when deemed necessary
				  to provide a safe, suitable, and sanitary facility nor preclude submission of
				  variance requests as provided by statute or Chapter 299 of this
				  title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 275 - SUPERVISION OF INMATES › Section 275.6 - Searches for Contraband

Current through Reg. 49, No. 28; July 12, 2024
For the protection of jail personnel and inmates:
(1) any items brought into the security
				perimeter of the facility by anyone should be searched for
				contraband;
(2) any inmate who
				leaves the security perimeter of the facility shall be thoroughly searched for
				contraband before reentering the security perimeter;
(3) there shall be regular and irregular
				searches of the entire facility area for contraband which shall be noted in a
				permanent facility record; and
(4)
				searches for contraband should be timed so that they cannot be anticipated by
				the inmates.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 275 - SUPERVISION OF INMATES › Section 275.7 - Supervision Outside the Security Perimeter-Court Holding Cells

Current through Reg. 49, No. 28; July 12, 2024
Inmates shall be observed by a peace officer or a jailer
				  licensed by the Texas Commission on Law Enforcement or bailiff when outside the
				  security perimeter in court holding cells. The sheriff/operator shall have an
				  established procedure for documented, face-to-face observation of all inmates
				  no less than once every 30 minutes. One jailer, licensed peace officer, or
				  bailiff shall be provided on each floor where 10 or more inmates are detained,
				  with no less than one jailer, licensed peace officer, or bailiff per 48 inmates
				  or increment thereof on each floor for direct inmate supervision. Where
				  required, there shall be a two-way voice communication capability between
				  inmates and jailers, licensed peace officers, or bailiffs at all times. Closed
				  circuit television may be used, but not in lieu of the required personal
				  observation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 275 - SUPERVISION OF INMATES › Section 275.8 - Jail Administrator Examination

Current through Reg. 49, No. 28; July 12, 2024
A person appointed to the position of Jail Administrator
				  after March 1, 2018, is required to satisfy the requirements of the Jail
				  Administrator Examination as required by Texas Government Code §
									511.00905.
				  A person appointed as Jail Administrator must satisfy this requirement within
				  180 days of his/her appointment. If the person appointed as jail administrator
				  is unable to satisfy the requirements of the examination, he/she shall be
				  immediately removed and may not serve as the jail administrator until he/she
				  satisfies the examination requirements of this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.1 - Inmate Clothing

Current through Reg. 49, No. 28; July 12, 2024
Standard facility clothing shall be issued to all inmates
				  held over 48 hours. Additional appropriate clothing shall be issued to inmates
				  participating in outside activities during inclement weather.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.2 - Laundering

Current through Reg. 49, No. 28; July 12, 2024
A change of clothing shall be furnished at least once a week
				  unless work, climatic conditions, illness, or other factors necessitate more
				  frequent exchange to assure cleanliness.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.3 - Personal Clothing

Current through Reg. 49, No. 28; July 12, 2024
All inmate personal clothing shall be cleaned, or sprayed
				  with a disinfectant and stored.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.4 - Personal Hygiene

Current through Reg. 49, No. 28; July 12, 2024
Inmates held over 48 hours who are unable to supply
				  themselves with personal care items, because of indigency, shall be furnished
				  the following:
(1)
				toothbrush;
(2) toothpaste or
				toothpowder;
(3) soap;
(4) comb;
(5) shaving implements.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.6 - Showers

Current through Reg. 49, No. 28; July 12, 2024
Each inmate shall be given the opportunity to shower at least
				  every other day or more often if possible. Inmates on work assignments and
				  those making court appearances shall be given an opportunity to shower daily.
				  Inmates should be required to shower at least every other day. Whenever clearly
				  justified for health or sanitary reasons, the sheriff/operator may require a
				  shower.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.7 - Compelling Haircuts

Current through Reg. 49, No. 28; July 12, 2024
Whenever clearly justified for health or sanitary reasons,
				  the sheriff/operator may require a haircut. Haircuts by reasonably skilled
				  persons shall be available on a voluntary basis to all inmates, sentenced and
				  unsentenced.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.8 - Bedding and Linens

Current through Reg. 49, No. 28; July 12, 2024
A standard issue of bedding and linens to each inmate to be
				  placed in housing shall include, but shall not be limited to, the following
				  clean, safe, and serviceable items:
(1) one mattress;
(2) one sheet or mattress cover;
(3) one towel;
(4) one blanket, or more depending upon
				climatic conditions. Inmates detained in holding and/or detoxification cells
				may be provided with the above items.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.9 - Laundering of Bedding and Linens

Current through Reg. 49, No. 28; July 12, 2024
Washable items such as sheets, towels, and mattress covers
				  shall be exchanged for clean replacements at least once each week, or more
				  often if necessary. Blankets shall be laundered or dry cleaned at least every
				  three months or more often if necessary.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.10 - Mattresses

Current through Reg. 49, No. 28; July 12, 2024
Mattresses shall be swept, aired, sprayed with a nontoxic
				  disinfectant and stored off the ground prior to reissue.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 277 - CLOTHING, PERSONAL HYGIENE AND BEDDING › Section 277.11 - Feminine Hygiene Products

Current through Reg. 49, No. 28; July 12, 2024
Jails shall provide quality feminine hygiene products to
				  female inmates, to include tampons in regular and large sizes and menstrual
				  pads with wings in regular and large sizes. These products shall be available
				  at all times and upon request. Inmates who utilize these products in a manner
				  other than their intended purpose may be subject to disciplinary action in
				  accordance with the facility's approved Discipline Plan.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 279 - SANITATION › Section 279.1 - Sanitation Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan,
				  reviewed and approved by the commission, for the maintenance of an acceptable
				  level of cleanliness and sanitation throughout the facility. Such plan shall
				  provide for:
(1) a regular daily
				schedule for the work and inspections necessary to keep the facility clean;
				which schedule shall be assigned and supervised by jailers who have the
				responsibility for keeping the facility clean and making regular sanitation
				inspections;
(2) water and sewage
				systems not part of a public system and food preparation areas shall be
				inspected at least annually by health authorities and record kept for each
				inspection;
(3) adequate and safe
				cleaning equipment;
(4) water tight
				garbage containers with tight fitting covers in the kitchen;
(5) the maintenance of toilets, lavatories,
				showers, and other equipment throughout the facility in good working
				order;
(6) the maintenance of all
				counters, shelves, tables, equipment, and utensils with which food or drink
				comes into contact in a clean condition and in good repair;
(7) clean washing aids, such as brushes,
				dishcloths, and other hand aids used in dish washing operations and for no
				other purposes;
(8) a well
				ventilated place for storing and drying mops and other cleaning
				tools;
(9) the continuous
				compliance of the water system and sewage system with the minimum requirements
				for such public systems;
(10) the
				prohibition of excessive storage of food in cells and day rooms.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 279 - SANITATION › Section 279.3 - Facility Maintenance

Current through Reg. 49, No. 28; July 12, 2024
Preventive maintenance, to include necessary repairs, shall
				  be conducted to ensure a safe, secure, and sanitary facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 281 - FOOD SERVICE › Section 281.1 - Frequency of Meals

Current through Reg. 49, No. 28; July 12, 2024
Food shall be served three times in any 24-hour period. No
				  more than 14 hours shall pass between meals without supplemental food being
				  served.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 281 - FOOD SERVICE › Section 281.2 - Dining/Day Rooms for Meals

Current through Reg. 49, No. 28; July 12, 2024
Meals should be served in dining rooms or day rooms when
				  possible. Inmates should not be allowed to store excess food in cells or day
				  rooms.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 281 - FOOD SERVICE › Section 281.3 - Balanced Diet

Current through Reg. 49, No. 28; July 12, 2024
Except in emergency situations, meals shall be served in
				  accordance with a written menu approved and reviewed annually for compliance
				  with nationally recognized allowances for basic nutrition including nutritional
				  requirements of known pregnant inmates. This approval and review shall be
				  documented and should be performed by a licensed or provisional licensed
				  dietitian.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 281 - FOOD SERVICE › Section 281.5 - Staff Supervision

Current through Reg. 49, No. 28; July 12, 2024
Food shall be prepared under the supervision of a staff
				  member or contract employee who possesses a food handler license in accordance
				  with 25 Texas Administrative Code (TAC) §228.31(d) with a copy available
				  for review. Food shall be served under the immediate supervision of a staff
				  member. Care shall be taken that hot foods are served reasonably warm and that
				  cold foods are served reasonably cold.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 281 - FOOD SERVICE › Section 281.6 - Outside Food Preparation

Current through Reg. 49, No. 28; July 12, 2024
Facilities without kitchens shall obtain prepared foods from
				  sources which are approved either by the local health officer or the Food and
				  Drug Division of the Texas Department of Health. The transfer of such food to
				  the jail facility shall be in a manner to prevent contamination or
				  adulteration.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 283 - DISCIPLINE AND GRIEVANCES › Section 283.1 - Inmate Discipline Plan

Current through Reg. 49, No. 28; July 12, 2024
Each sheriff/operator shall develop and implement a written
				  disciplinary plan, approved by the Commission, governing inmate conduct. The
				  plan shall provide for the firm, fair, and consistent application of rules and
				  regulations. Facilities housing contracted TDCJ-ID inmates may adhere to
				  TDCJ-ID disciplinary policies and procedures for these inmates, when they are
				  housed together, and separately from all other inmates. Facilities housing
				  federal inmates may adhere to federal disciplinary policies and procedures for
				  these inmates, when they are housed together, and separately from all other
				  inmates. For purposes of inmate discipline, violations of institutional rules
				  and regulations shall be divided into Minor Infractions and Major
				  Infractions.
(1) Minor Infractions.
				Violations of rules and regulations which do not represent serious offenses
				against persons and do not pose a serious threat to institutional order and
				safety. Sanctions shall be limited to:
(A)
				counseling;
(B) verbal or written
				reprimand;
(C) in podular, direct
				supervision facilities, temporary restriction to cells for a period not to
				exceed twenty-four hours;
(D) loss
				of privileges for a period not to exceed fifteen days;
(E) disciplinary separation for a period not
				to exceed fifteen days;
(F)
				restitution for damage to jail property; and
(G) loss of good conduct credit.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 283 - DISCIPLINE AND GRIEVANCES › Section 283.2 - Inmate Rules and Regulations

Current through Reg. 49, No. 28; July 12, 2024
Every facility shall have prescribed rules and regulations
				  governing inmate conduct. A copy of the institutional rules and regulations
				  shall be made available to each inmate and read to illiterate inmates. A
				  written acknowledgment by the inmate that the rules have been explained shall
				  be retained. A translation shall be provided in an understandable language when
				  necessary. The rules and regulations shall outline both Major and Minor
				  Infractions, the types and ranges of possible sanctions for each category, due
				  process requirements and specific procedures for filing a grievance. The rules
				  and regulations, as provided to the inmate, shall be submitted to the
				  Commission for approval.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 283 - DISCIPLINE AND GRIEVANCES › Section 283.3 - Inmate Grievance Plan

Current through Reg. 49, No. 28; July 12, 2024
Every facility shall have and implement a written plan,
				  approved by the Commission, for inmate grievance procedures. This plan shall be
				  an administrative means for the resolution of grievances. It supplements, but
				  does not replace any informal grievance procedure. Each plan shall:
(1) provide for the selection of member(s) to
				constitute a grievance board. In facilities of 50 capacity or less, this may be
				one person. An inmate may also be a member;
(2) provide details on what constitutes
				grounds for initiation of a grievance:
(A)
				violation of civil rights;
(B)
				criminal act;
(C) unjust denial or
				restriction of inmate privileges;
(D) prohibited act by facility
				staff;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 285 - RECREATION AND EXERCISE › Section 285.1 - Physical Exercise

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan,
				  approved by the Commission, for inmate physical exercise and physical
				  recreation. Documentation of physical exercise and physical recreation shall be
				  maintained for Commission review. Each inmate shall be allowed one hour of
				  supervised physical exercise or physical recreation at least three days per
				  week.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 285 - RECREATION AND EXERCISE › Section 285.3 - Activities

Current through Reg. 49, No. 28; July 12, 2024
Activities such as arts, crafts, cards, dominoes, checkers,
				  chess, and similar diversions should be considered as possible nonphysical
				  recreational activities. A television and radio may be available for day room
				  viewing and listening.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 287 - EDUCATION AND REHABILITATION PROGRAMS › Section 287.1 - Education and Rehabilitation Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan,
				  approved by the Commission, for inmate rehabilitation and education. The plan
				  shall make maximum use of the resources available in and to the community in
				  which the facility is located. The plan should include programs for voluntary
				  participation by inmates such as:
(1)
				testing and counseling in connection with:
(A) alcohol or other drug abuse
				problems;
(B) vocational
				rehabilitation;
(C) academic and
				vocational aptitudes and goals;
(D)
				job placement;
(E) family
				problems;
(F) personal
				psychological or psychiatric problems;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 287 - EDUCATION AND REHABILITATION PROGRAMS › Section 287.3 - Continuity

Current through Reg. 49, No. 28; July 12, 2024
If possible, the plan established under §
									287.1
				  of this title (relating to Education and Rehabilitation Plan), should be
				  devised so that an inmate may continue the program upon release from the
				  facility or when transferred to the Texas Department of Criminal
				  Justice.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 287 - EDUCATION AND REHABILITATION PROGRAMS › Section 287.4 - Library Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan
				  approved by the Commission for providing recreational library services to
				  inmates.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 289 - WORK ASSIGNMENTS › Section 289.1 - Assignment and Supervision

Current through Reg. 49, No. 28; July 12, 2024
Inmate work shall be assigned by staff with consideration for
				  an inmate's condition including known pregnancy. Inmate activities shall not be
				  supervised by other inmates. Inmates shall not have access to inmate records,
				  nor handle inmate monies or commissary accounts. Maintenance of locking systems
				  and other security detention devices shall not be performed by
				  inmates.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 289 - WORK ASSIGNMENTS › Section 289.2 - Voluntary Work

Current through Reg. 49, No. 28; July 12, 2024
Pretrial detainees and inmates awaiting transfer to the Texas
				  Department of Criminal Justice following conviction or revocation of probation,
				  parole, or mandatory supervision may volunteer to participate in any work
				  program operated by the sheriff that uses the labor of convicted misdemeanants.
				  Inmates who have not been convicted shall not be required to participate in a
				  work program. All inmates may be required to keep their immediate living area
				  clean.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 289 - WORK ASSIGNMENTS › Section 289.4 - Outside the Security Perimeter

Current through Reg. 49, No. 28; July 12, 2024
Only inmates classified as minimum custody should be assigned
				  to work outside the security perimeter and should be supervised by jailers or
				  persons designated by the sheriff.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 289 - WORK ASSIGNMENTS › Section 289.5 - Non-Exclusivity

Current through Reg. 49, No. 28; July 12, 2024
This provision is not intended to limit in any way the
				  utilization of work release, work furlough, or other programs affording inmates
				  work or employment opportunities outside the facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 291 - SERVICES AND ACTIVITIES › Section 291.1 - Inmate Telephone Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan,
				  approved by the commission, governing the availability and use of inmate
				  telephones.
(1) Immediately after
				booking, but in no case later than four hours after arrival, a person shall be
				permitted to make at least two completed telephone calls. Toll calls should be
				made on a prepaid or collect basis. A free telephone shall be available for
				local calls for those inmates who otherwise would be unable to complete the two
				required calls. Facilities may have a special line reserved for inmate
				use.
(2) Each facility shall
				provide for reasonable access, both local and long distance, between an inmate
				and his/her attorney, family, and friends. This may be on a prepaid or collect
				basis. The plan shall contain procedures for the handling of emergency
				calls.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 291 - SERVICES AND ACTIVITIES › Section 291.2 - Inmate Correspondence Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan,
				  approved by the Commission, governing inmate correspondence. The plan shall
				  provide for the handling of privileged and nonprivileged correspondence, both
				  outgoing and incoming, and shall provide for the collection and distribution of
				  correspondence.
(1) General
				Requirements.
(A) Inmates shall be permitted
				to send as many letters of as many pages as they desire, to whomever they
				desire. Inmate to inmate correspondence may be prohibited where legitimate
				penological interest exists.
(B)
				Inmates may receive correspondence in any quantity, amount, and number of
				pages.
(C) Inmates shall be allowed
				to retain writing materials, stamps, and correspondence in reasonable
				amounts.
(D) If requested, indigent
				inmates shall be furnished a reasonable amount of paper, pencils, envelopes,
				and stamps to correspond with their attorney(s) and the courts. Additionally,
				indigent inmates shall be furnished paper, pencils, envelopes, and stamps to
				post at least three letters a week for all other correspondence. A negative
				balance may be maintained on the inmate's commissary account for indigent
				postage and correspondence supplies.
(E) Correspondence may be rejected on a case
				by case basis, provided it is a violation of the inmate rules. For purposes of
				this plan such correspondence is defined as:
(i) containing information regarding the
				manufacture of explosives, weapons, or drugs;
(ii) containing material that a reasonable
				person would construe as written solely for the purpose of communicating
				information designed to achieve the breakdown of jails through inmate
				disruption such as strikes or riots; and
(iii) a specific factual determination has
				been made that the publication is detrimental to inmate's rehabilitation
				because it would encourage deviate criminal sexual behavior.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 291 - SERVICES AND ACTIVITIES › Section 291.3 - Inmate Commissary Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan,
				  approved by the commission, governing the availability and use of an inmate
				  commissary which allows for the purchase of hygiene items and sundries. The
				  plan shall:
(1) indicate type of
				services, in-house or vendor;
(2)
				indicate frequency of services;
(3)
				provide procedures for inmates obtaining items;
(4) provide for yearly audits by the county
				auditor in accordance with the Local Government Code, §
									351.0415.
				The audits shall be submitted to the commission not later than ten days
				following completion; and
(5)
				provide that all expenditures from commissary proceeds be made in accordance
				with the Local Government Code, §
									351.0415.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 291 - SERVICES AND ACTIVITIES › Section 291.4 - Visitation Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan,
				  approved by the commission, governing inmate visitation. The plan shall:
(1) indicate frequency of visitation periods;
				each inmate shall be allowed a minimum of two in-person, noncontact visitation
				periods per week of at least 20 minutes duration each;
(A) Facilities exempt from in-person
				visitation shall be determined by the provisions set forth in Government Code
				§
										511.009(20)(a-1).
(B) The requirement of in-person visitation
				does not remove a sheriff's/operator's authority to limit visitation for
				disciplinary reasons as per 37 TAC §
										283.1.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 291 - SERVICES AND ACTIVITIES › Section 291.5 - Inmate Religious Practices Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have and implement a written plan,
				  approved by the Commission, governing religious practices. The plan shall
				  include the following provisions:
(1)
				removal of inmates not wishing to participate where group services are
				held;
(2) volunteer programs and
				access to religious leaders in addition to normal visitation, consistent with
				security restrictions;
(3) review
				of inmate requests regarding religious practices by the Sheriff/Operator or his
				designee;
(4) procedures for
				determining whether a request can be accommodated through the least restrictive
				means without presenting an undue burden or endangering the safety and security
				of the facility;
(A) documentation of the
				reason for denial if the request cannot be accommodated;
(B) utilization of the established grievance
				procedure when the inmate contends the denial is unjust.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.1 - Regular Local Inspections

Current through Reg. 49, No. 28; July 12, 2024
During intervals of at least four months and at least two
				  times each year, the sheriff/operator shall inspect each facility for which
				  he/she is responsible inquiring into the security, control, conditions, and
				  state of compliance with the rules of the Commission. The owner of each
				  facility is encouraged to make similar periodic inspections.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.2 - Commission Inspections

Current through Reg. 49, No. 28; July 12, 2024
The frequency and extent to which facilities under Commission
				  jurisdiction are inspected will be determined by the inspection priority of
				  each facility. Commission staff shall perform at least one comprehensive and
				  one limited inspection of each facility under Commission jurisdiction every
				  twenty-four months. Limited compliance inspections and special inspections
				  shall be used when deemed appropriate by the inspection priority of the jail.
				  The Commission staff shall at any time have access to all parts of each
				  facility; the books, records, data, documents, and accounts pertaining to each
				  facility and to the inmates confined therein; and shall have the right and
				  authority to interview any of the officials of the facility or inmates therein.
				  The sheriff/operator shall assist staff by all means at their disposal to
				  enable them to perform the functions, powers, and duties of their
				  office.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.3 - Inspection Priority Assessment

Current through Reg. 49, No. 28; July 12, 2024
The inspection priority of each jail shall be determined
				  utilizing the assessment factors as required, but not limited to, Government
				  Code, sec
				  511.0085
				  and other factors as determined by the Commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.4 - Inspection Reports

Current through Reg. 49, No. 28; July 12, 2024
Within 45 days of each inspection by Commission staff, the
				  owner and sheriff/operator responsible for the facility inspected shall be
				  furnished with a report of the results of the inspection, and a copy of such
				  report shall be filed with the Commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.5 - Certification

Current through Reg. 49, No. 28; July 12, 2024
Upon completion of a comprehensive inspection, those
				  facilities that meet Minimum Jail Standards shall be issued a certificate of
				  compliance. The certificate of compliance shall remain in effect until a notice
				  of non-compliance is issued.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.6 - Notice of Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				Commission finds that a facility is not in compliance with state law, Minimum
				Jail Standards, or conditions necessitate administrative remedies, it shall
				issue a notice of noncompliance to the owner and sheriff/operator responsible
				for the facility that is not in compliance. Such notice shall be sent to such
				officials by certified mail, return receipt requested. A copy of such notice of
				noncompliance shall be sent to the Governor.
(b) The notice of noncompliance shall:
(1) specify the minimum standards established
				by state law or the rules of the Commission with which the facility fails to
				comply or administrative remedies;
(2) shall provide a reasonable time, not to
				exceed 30 days, within which appropriate corrective measures shall be
				initiated; and
(3) shall provide a
				reasonable time, not to exceed one year within which appropriate corrective
				measures shall be completed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.7 - Response by Officials

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of a notice of noncompliance, the responsible
				  officials shall initiate appropriate corrective measures within the time
				  prescribed by the Commission (which shall not exceed 30 days) and shall
				  complete the same within a reasonable time (not to exceed one year) as
				  prescribed by the notice of noncompliance. Within 30 days following receipt of
				  the notice of noncompliance, the responsible officials shall report to the
				  Commission the corrective measures initiated and/or completed to correct a
				  deficiency set forth in the notice of noncompliance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.8 - Reinspection

Current through Reg. 49, No. 28; July 12, 2024
Following a determination that the deficiency(s) set forth in
				  the notice of non-compliance have been corrected, the owner and
				  sheriff/operator responsible for the facility shall formally request a
				  re-inspection. All re-inspections will be unannounced and no less than 10% of
				  facilities under the Commission's jurisdiction that request re-inspection will
				  be randomly selected for a comprehensive inspection.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.9 - Commission Review of Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				response is not received from the responsible officials or if a response does
				not offer remedies addressing all the items of noncompliance, the Commission
				may request that officials appear at a regular or special meeting of the
				Commission to present evidence of corrective action to be taken. Following the
				officials' presentation, the Commission may require the officials to appear
				before the Commission at a future date to report on compliance progress, may
				issue a remedial order, or may deem that no further action is
				required.
(b) If a notice of
				noncompliance is issued to a facility operated by a private entity under
				Section
				351.101 or
				361.061,
				Local Government Code, the compliance status of the facility shall be reviewed
				at the next meeting of the Commission.
(c) After the issuance of a notice of
				non-compliance, the jail's compliance status will be reviewed as required by
				the Commission's monthly compliance assessment review.
(d) A jail that has been issued two or more
				notices of non-compliance within a period of eighteen consecutive months will
				be subject to increased monitoring to include:
(1) Submission of monthly status reports on a
				form prescribed by the Commission and supporting documentation as requested by
				the Commission to determine status; and
(2) Two unannounced comprehensive inspections
				within twelve months from the date that the increased monitoring
				commenced.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.10 - Commission Enforcement Action

Current through Reg. 49, No. 28; July 12, 2024
(a) A jail
				that has not requested reinspection and has not been issued a certificate of
				compliance within three months of the issuance of a notice of non-compliance
				will be required to provide updates on their progress to regain compliance.
				With written concurrence from the County Judge, the Sheriff shall submit to the
				Commission the corrective measures completed and expected completion date to
				correct the deficiency(s) set forth in the notice of noncompliance if the jail
				has not been issued a certificate of compliance within three months of the
				issuance of a notice of non-compliance.
(b) A jail that has not requested
				reinspection and has not been issued a certificate of compliance within six
				months of the issuance of the notice of noncompliance shall appear before the
				Commission at its next regularly scheduled or special called meeting. The
				sheriff and county judge shall appear in order to present evidence of
				corrective action taken and completion date. Following the official's
				presentation, the Commission may issue a remedial order or may deem that no
				further action is required.
(c) A
				jail that has not requested reinspection and has not been issued a certificate
				of compliance within nine months of the issuance of the notice of noncompliance
				will be subject to a comprehensive inspection and shall appear before the
				Commission at its next regularly scheduled or special called meeting. The
				sheriff and county judge shall appear in order to present evidence of
				corrective action taken and completion date. Following the official's
				presentation, the Commission may issue a remedial order or may deem that no
				further action is required.
(d) A
				jail that has not requested reinspection and has not been issued a certificate
				of compliance within twelve months of the issuance of the notice of
				noncompliance shall appear before the Commission at its next regularly
				scheduled or special called meeting. A remedial order shall be issued requiring
				compliance with minimum standards.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.12 - Other Commission Remedies

Current through Reg. 49, No. 28; July 12, 2024
In addition to or in lieu of the remedial order remedies
				  described in § 511.104 of this title (relating to Remedial Order by
				  Commission), the Commission may institute an action in its own name to enforce
				  or enjoin the violation of its orders, rules or procedures, or the Local
				  Government Code, Chapter 351. An action brought pursuant to this section is in
				  addition to any other action, proceeding, or remedy provided by law and may be
				  brought in a district court of Travis County, Texas. A suit brought under this
				  section shall be given preferential setting and shall be tried by the Court,
				  without a jury, unless the responsible officials request a jury, in accordance
				  with the Local Government Code, Chapter 351. The Commission shall be
				  represented by the attorney general in such actions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.13 - Review of Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				responsible official disagreeing with any remedial order or action on an
				application for variance of the Commission, within 15 days after the date
				thereof, may request in writing an appearance before the Commission to review
				the action taken by the Commission. The request shall include information on
				the circumstances to be reviewed.
(b) The request for review shall be effective
				if postmarked within 15 days from the date of the remedial order or action on
				application for variance, or if it is otherwise received by the Commission
				within such 15-day time period. The request for review shall be directed to the
				Executive Director.
(c) Review of
				Commission action may determine that the remedial order or application for
				variance request may continue to be effective as issued, may be amended, or may
				be rescinded. Any action affected by this section shall be effective
				immediately.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.14 - Request for Administrative Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				the responsible officials disagree with a Commission action and have exhausted
				all remedies under §
									297.13
				of this title (relating to Review of Commission Action), the officials may
				request, within 15 days after the date thereof, an administrative hearing under
				Chapter 301 of this title (relating to Rules of Practice in Contested Cases),
				upon the determination of matters of fact or law with which they
				disagree.
(b) The request for
				hearing shall be effective if post marked within 15 days from the date of the
				remedial order or action on application for variance, or if it is otherwise
				received by the Commission within such 15-day time period. The request for
				hearing shall be directed to the chairman of the Commission and shall contain
				the following statements:
(1) the legal
				authority and jurisdiction under which the hearing should be held;
(2) the particular statutes, sections of
				statutes, and rules involved;
(3) a
				short, plain recital of the errors of fact or law for which review is sought,
				stating in detail the facts justifying the amendment or reversal of the order
				or action of the Commission; and
(4) the name and address of the person or
				representative to whom notices or other written communications shall be
				directed, and the name and address of the person or representative who will
				appear at the hearing and the name and address of the person or persons on
				whose behalf he will appear.