Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.11 - Remedial Order by Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				Commission determines that the responsible officials receiving a notice of
				noncompliance fail to initiate corrective measures within the time prescribed,
				the Commission may, by remedial order, delivered by certified mail, return
				receipt requested or by personal service to the responsible officials, declare
				that the facility in question or any portion thereof be closed, that further
				confinement of inmates or classifications of inmates in the noncomplying
				facility or any portion thereof be prohibited, that all or any number of the
				inmates then confined be transferred to and maintained in another designated
				facility, or any combination of such remedies.
(b) The remedial order of the Commission
				shall be in writing and shall specifically identify each minimum standard with
				which the facility has failed to comply. Such remedial order shall become final
				and effective 15 days after its receipt by the responsible officials, provided,
				however, that if a review of Commission action §
									297.13
				of this title (relating to Review of Commission Action) or request for
				administrative hearing §
									297.14
				of this title (relating to Request for Administrative Hearing) on such remedial
				order is requested, the enforcement of such remedial order shall be stayed
				until such time as the Commission has rendered its decision following its
				hearing.
(c) If a remedial order is
				issued, the Commission shall furnish the sheriff/operator with a list of
				qualified facilities to which the inmates may be transferred. The
				sheriff/operator of the facility shall immediately transfer the number of
				inmates necessary to bring the facility into compliance to a facility that
				agrees to accept the inmates. The agreement shall be in writing and shall be
				signed by the sheriff/operator transferring the inmates and the
				sheriff/operator receiving the inmates. A facility transferring inmates under
				this subsection shall immediately remove the inmates from the receiving
				facility if the sheriff/operator of the receiving facility requests their
				removal in writing. The owner responsible for the noncomplying facility shall
				bear the liability for and the cost of transportation and maintenance of
				inmates transferred to or from a noncomplying facility by order of the
				Commission. The costs of transportation and maintenance shall be determined by
				agreement between the participating jurisdictions and shall be paid into the
				treasury of the entity providing transportation and/or maintenance.
(d) When a remedial order is issued to
				terminate a contract for housing inmates not sentenced in a Texas court, the
				responsible officials shall initiate action to terminate the contract and
				transfer the effected inmates. A copy of the remedial order shall be provided
				the sending state.
(e) Upon the
				issuance of a Certificate of Compliance, the remedial order shall be reviewed
				at the next regularly scheduled meeting of the Commission.