reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.55 - Procedure after Motion to Reopen Is Granted; Time; Rights of the Releasee; Final Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) When the parole
				panel disposes of a releasee's motion to reopen under §
									148.54
				of this title (relating to Releasee's Motion to Reopen Hearing) by granting
				said motion to reopen the hearing, the case shall be disposed of or referred to
				a parole panel or designee of the Board for final disposition in accordance
				with this section and the previous disposition of the case made by the parole
				panel under §
									148.53 of
				this title (relating to Final Board Disposition) shall be set aside and shall
				be of no force and effect.
(b) The
				purpose of the further proceedings before the parole panel or designee of the
				Board under this section shall be as specified by the parole panel in its order
				granting the releasee's motion to reopen pursuant to §
									148.54
				of this title.
(c) When the parole
				panel or designee of the Board convenes the reopening of the hearing, it shall
				have before it the entire record previously compiled in the case, including:
(1) the record, report, and decision of the
				hearing under §
										148.52 of this
				title (relating to Hearing) collected or prepared by the parole panel or
				designee of the Board originally assigned to the case;
(2) any amendments, supplements, or
				modifications of the record, report, or decision as developed through prior
				reopenings of the case;
(3) the
				releasee's motion to reopen the hearing pursuant to §
										148.54
				of this title; and
(4) any
				transmittal submitted to the parole panel with the recommendation from Board
				staff. Any transmittal submitted to the parole panel by the General Counsel
				constitutes legal advice which is confidential under law, and shall not be
				released to the public as part of the hearing packet.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 149 - MANDATORY SUPERVISION › Subchapter A - RULES AND CONDITIONS OF MANDATORY SUPERVISION › Section 149.1 - Conditions and Rules of Mandatory Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) Every offender being released on
				  mandatory supervision shall be issued a written statement listing the
				  conditions and rules of mandatory supervision in clear and intelligible
				  language; and, upon release to mandatory supervision, all conditions of release
				  to mandatory supervision that the parole panel is required by law to impose as
				  a condition of release to mandatory supervision are imposed. The offender may
				  have additional conditions imposed by a parole panel after release, and shall
				  be notified in writing of any such conditions. Continuance on mandatory
				  supervision is conditioned upon full compliance with all conditions and rules
				  of mandatory supervision as imposed by the parole panel.
(b) The parole panel shall not impose as a
				  condition for release to mandatory supervision that the offender be released
				  only to a state other than the State of Texas.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 149 - MANDATORY SUPERVISION › Subchapter A - RULES AND CONDITIONS OF MANDATORY SUPERVISION › Section 149.3 - Texas Mandatory Supervision Offenders Supervised in Other States

Current through Reg. 49, No. 28; July 12, 2024
Texas mandatory supervision offenders accepted for
					 supervision in other states under the terms of the Interstate Parole Compact
					 for Adult Offender Supervision shall adhere to the conditions and rules of
					 supervision for Texas and the receiving state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 149 - MANDATORY SUPERVISION › Subchapter B - SELECTION FOR MANDATORY SUPERVISION › Section 149.16 - Mandatory Release Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) When a
				  mandatory release plan has been approved, a mandatory release certificate shall
				  be issued and signed with a facsimile signature of the Chair.
(b) The approval of discretionary mandatory
				  supervision may be withdrawn by the parole panel prior to the release of the
				  offender.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 150 - MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS › Subchapter A - PUBLISHED POLICIES OF THE BOARD › Section 150.55 - Conflict of Interest Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) Section
				  1--Policy.
(1) It is the policy of the Board
				  that no Board Member or Parole Commissioner shall have any interest, financial
				  or otherwise, direct or indirect; or engage in any business transaction or
				  professional activity or incur any obligations of any nature which is in
				  substantial conflict with the proper discharge of his duties in the public
				  interest. In implementing this policy, they are provided the following
				  standards of conduct, disclosure, and disqualification to be observed in the
				  performance of their official duties.
(2) A Board Member or Parole Commissioner
				  shall respect and comply with the law and not allow his family, social, or
				  other relationships to influence his conduct, decisions, or judgment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 150 - MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS › Subchapter A - PUBLISHED POLICIES OF THE BOARD › Section 150.56 - Policies Pertaining to the Administration of the Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board has overall managerial
				  responsibility for developing, promulgating, and investigating policies on
				  parole and mandatory supervision.
(b) The Presiding Officer of the Board or the
				  Presiding Officer's designee acts as the agency's liaison to the legislature.
				  The Board shall have final approval over all proposed legislation before being
				  submitted to the legislature.
(c)
				  The Presiding Officer of the Board or the Presiding Officer's policy.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.3 - Texas Board of Criminal Justice Operating Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) General. This section establishes
				operating procedures for the Texas Board of Criminal Justice (TBCJ) to conduct
				business.
(b) Organization.
(1) The TBCJ is a nine member body appointed
				by the governor to oversee the Texas Department of Criminal Justice (TDCJ). The
				TBCJ chairman is designated by and serves at the request of the governor
				pursuant to Texas Government Code §
										492.005.
(2) The TBCJ shall elect a vice-chairman and
				a secretary each odd-numbered year. The vice-chairman shall preside over
				meetings in the chairman's absence, and either the chairman or the secretary
				shall execute any necessary documents.
(3) The chairman, on behalf of the TBCJ, is
				empowered to appoint members of the TBCJ to be members or chairs of standing or
				limited-purpose committees, or to serve as liaisons to the TBCJ on particular
				subject areas or divisions within the TDCJ's jurisdiction, or both. The purpose
				of a committee, if appointed, is to have certain members become particularly
				familiar with various issues and to facilitate discussion and recommend
				potential strategies as appropriate.
(4) The TBCJ chairman may appoint non-members
				to sit on a committee in an advisory capacity; however, advisory members are
				non-voting members and cannot be reimbursed for expenses incurred in this
				capacity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.4 - Public Presentations and Comments to the Texas Board of Criminal Justice

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. The
				Texas Board of Criminal Justice (TBCJ or board) is committed to providing
				access and opportunity for public presentations and comments as provided by
				this section. Individuals not employed by or under contract with the Texas
				Department of Criminal Justice (TDCJ), who wish to have items placed on the
				board's posted agenda, shall follow the procedures set forth in subsection (g)
				of this section. Public presentations and comments shall be:
(1) subject to the requirements and
				restrictions of this section;
(2)
				pertinent to issues under the jurisdiction of the board, as determined by the
				board chairperson and the TDCJ general counsel; and
(3) pertinent to policies, procedures,
				standards, and rules of the TDCJ. Disputes that are appropriately the subject
				of the employee grievance system, the employee disciplinary system, the inmate
				grievance system, the inmate disciplinary system, or comments regarding pending
				litigation shall be addressed through those processes.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.6 - Petition for the Adoption of a Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ) to
				encourage public input in the TBCJ rulemaking process.
(b) Submission of the Petition.
(1) Any person may petition a state agency to
				adopt a rule as defined by the
Texas Administrative Procedure
				Act,
Chapter
				2001 of the Texas
				Government Code.
(2) A petition for
				a rule under Title 37 of the Texas Administrative Code shall be mailed to the
				general counsel of the Texas Department of Criminal Justice (TDCJ) at P.O. Box
				4004, Huntsville, Texas 77342.
(3)
				The petition shall be in writing, contain the petitioner's name and address,
				and describe the rule and the reason for making such petition. If the general
				counsel determines that further information is necessary, the general counsel
				may require that the petitioner resubmit the petition and that it contain:
(A) A brief explanation of the proposed
				rule;
(B) The text of the proposed
				rule indicating the words to be added or deleted from the current text, if
				any;
(C) A statement of the
				statutory or other authority under which the rule is to be
				promulgated;
(D) Whether there will
				be an economic impact on persons or on small or microbusinesses required to
				comply with the proposed rule;
(E)
				If an adverse economic impact of the proposed rule on small or microbusinesses
				is identified, the petition shall also contain:
(i) An economic impact statement which
				estimates the number of small businesses subject to the proposed rule, projects
				the economic impact of the rule on small businesses or rural communities, and
				describes alternative methods of achieving the purpose of the proposed rule;
				and
(ii) A regulatory flexibility
				analysis as defined in Texas Government Code §
												2006.002;
				and
(F) The public
				benefit anticipated as a result of adopting the rule or the anticipated injury
				or inequity that could result from the failure to adopt the proposed
				rule.
(4) In addition to
				the petition, the person may submit a proposal for the adoption of the proposed
				rule through negotiated rulemaking. The proposal shall identify the potential
				participants for the negotiated rulemaking committee, possible third party
				facilitators, and a timeline for the process.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.8 - Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) General. This
				section identifies advisory committees related to the Texas Department of
				Criminal Justice (TDCJ) and established by or under state law. The TDCJ
				Business and Finance Division shall annually evaluate each committee' s work,
				usefulness, and costs of existence, and report that information biennially to
				the Legislative Budget Board.
(b)
				Judicial Advisory Council (JAC). The JAC exists pursuant to Texas Government
				Code § 493.003(b). The purpose, tasks, and reporting procedures for the
				JAC are described in 37 Texas Administrative Code §
									161.21
				relating to the Role of the Judicial Advisory Council. The JAC is abolished on
				September 1, 2025.
(c) Texas State
				Council for Interstate Adult Offender Supervision (council). Pursuant to
				Chapter 510 of the Texas Government Code, the council shall advise the
				administrator for the Interstate Compact for Adult Offender Supervision and the
				state's commissioner to the Interstate Commission for Adult Offender
				Supervision, on the state's participation in commission activities and the
				administration of the compact. Periodic reporting takes place through meetings
				held prior to or following a National Commission meeting. Through these
				meetings, the administrator can discuss issues on a national scope with the
				national commissioner and the council can provide verbal feedback and
				direction.
(d) Advisory Committee
				to the Texas Board of Criminal Justice on Offenders with Medical or Mental
				Impairments (ACOOMMI). Pursuant to Chapter 614 of the Texas Health and Safety
				Code, the ACOOMMI shall advise the Texas Board of Criminal Justice (TBCJ) and
				the director of the Texas Correctional Office on Offenders with Medical or
				Mental Impairments on matters related to offenders with medical or mental
				impairments. The ACOOMMI shall be given the opportunity to report to the TBCJ
				at each regularly scheduled meeting. The ACOOMMI is abolished on September 1,
				2025.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.25 - Tobacco and Vapor Products

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Definitions. The following words and terms, when used in this section, have the
				following meanings, unless the context clearly indicates otherwise.
(1) A correctional facility is a secure
				facility operated by or under contract with the Texas Department of Criminal
				Justice (TDCJ).
(2) A designated
				outdoor use area is a location where the use of tobacco and vapor products is
				authorized.
(3) An employee is a
				person employed by the TDCJ on a full-time, part-time, or temporary basis,
				including contract employees.
(4)
				An intern is an individual who performs work for the TDCJ on a temporary basis
				with or without pay, and whose work:
(A)
				provides training or supplements training given in an educational
				environment;
(B) provides
				experience for the benefit of the individual performing the work; and
(C) is performed under the close supervision
				of TDCJ staff.
(5) A
				person conducting official state business is any individual on TDCJ property
				for the purpose of conducting any form of official state business.
(6) TDCJ property includes land, buildings,
				private offices, and vehicles owned, leased, or under contract by the TDCJ,
				excluding state-owned individual dwellings.
(7) Tobacco products are cigars, cigarettes,
				snuff, or any other similar goods prepared for smoking, chewing, dipping, or
				any other such personal use.
(8)
				Vapor products are electronic cigarettes (e-cigarettes) or any other device
				that uses a mechanical heating element, battery, or electronic circuit to
				deliver vapor that may include nicotine to the individual inhaling from the
				device, or any substance used to fill or refill the device.
(9) A visitor is any non-TDCJ employee on
				TDCJ property for any purpose other than conducting official state
				business.
(10) A volunteer is an
				individual who has been approved to perform volunteer services for the
				TDCJ.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.51 - Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				purpose of this rule is to establish eligibility criteria for authorizing
				custodial officer certification and hazardous duty pay to employees of the
				Texas Department of Criminal Justice (TDCJ) under the authority of Texas
				Government Code §§
									508.001,
				615.006,
				811.001,
				813.506,
				and
				815.505;
				and the
General Appropriations Act.
(b) Definitions. The following words and
				terms, when used in this rule , shall have the following meanings unless the
				context clearly indicates otherwise:
(1)
				Custodial Officer Certification is service certification to the Employees
				Retirement System of Texas (ERS) for employees the TDCJ has determined are
				eligible for custodial officer service credit, which provides an additional
				retirement incentive when such employees have 20 or more years of service
				credit.
(2) Custodial Officer
				Service Credit is credit in the ERS for service performed by employees in a
				position that has been classified as a Hazardous Duty Code 1, 2, 3, 4, 6, 7, or
				9 in accordance with this rule .
(3) Direct Offender Contact is interacting
				with, and in the close proximity to, offenders without the protection of bars,
				doors, security screens, or similar devices while performing job duties. Such
				contact normally involves supervision or the potential for supervision of
				offenders in offender housing areas, educational or recreational facilities,
				industrial shops, kitchens, laundries, medical areas, maintenance departments,
				agricultural shops or fields, or in any other areas on or away from TDCJ
				property.
(4) Move is a change in
				position that may consist of a lateral transfer, promotion, voluntary demotion,
				or involuntary demotion.
(5)
				Offender, for the purpose of custodial officer certification and hazardous duty
				pay, is an individual confined in a TDCJ facility .
(6) Releasee is an individual who has been
				released on parole or to mandatory supervision.
(7) Routine Direct Offender Contact is
				regularly planned or scheduled direct offender contact while conducting TDCJ
				business. Routine direct offender contact does not include travel time, unless
				the employees are responsible for the transportation and custody of
				offenders.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.52 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				Sick Leave Pool Administrator is the Human Resources Division director or
				designee.
(b) Procedures.
(1) All contributions to the Texas Department
				of Criminal Justice (TDCJ) sick leave pool are voluntary. Employees who
				contribute accrued sick leave hours to the TDCJ sick leave pool may not
				designate the contributed hours for use by a specific employee. An employee who
				contributes accrued sick leave hours to the sick leave pool may not withdraw
				the contributed hours of sick leave. There is no limitation for frequency of
				donations.
(2) An employee may only
				withdraw time from the sick leave pool in the case of catastrophic injury or
				illness of the employee or a member of the employee's immediate family. The
				sick leave pool administrator shall determine the amount of time that an
				employee may withdraw from the sick leave pool. Any sick leave pool time
				granted qualifies as medical or parental leave.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.53 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				Family Leave Pool Administrator is the Human Resources Division director or
				designee.
(b) Procedures.
(1) All contributions to the Texas Department
				of Criminal Justice (TDCJ) family leave pool are voluntary. Employees who
				contribute accrued sick or vacation leave hours to the TDCJ family leave pool
				may not designate the contributed hours for use by a specific employee. An
				employee who contributes accrued sick or vacation leave hours to the family
				leave pool may not withdraw the contributed hours of sick or vacation leave.
				There is no limitation for frequency of donations.
(2) An employee may only withdraw time from
				the family leave pool in case of:
(A) the
				birth of a child;
(B) the placement
				of a foster child or adoption of a child under 18 years of age;
(C) the placement of any person 18 years of
				age or older requiring guardianship;
(D) a serious illness to an immediate family
				member or the employee, including a pandemic-related illness; or
(E) an extenuating circumstance created by an
				ongoing pandemic, including providing essential care to a family
				member.
(3) The family
				leave pool administrator shall determine the amount of time that an employee
				may withdraw from the family leave pool. Any family leave pool time granted
				qualifies as sick leave.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.54 - Employee Training and Education - Tuition Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				authorize reimbursement of training and education expenses consistent with
				Subchapters C and D, Chapter
				656, Texas Government
				Code.
(b) The Texas Department of
				Criminal Justice (TDCJ) shall adopt policies related to training and education
				for agency administrators and employees consistent with this rule and
				Subchapters C and D, Chapter
				656, Texas Government
				Code.
(c) The policies may
				establish additional eligibility criteria for administrator and employee
				participation in training and education supported by the TDCJ as well as an
				explanation of the administrators' and employees' responsibilities and
				potential liabilities as participants.
(d) A TDCJ administrator or employee must be
				employed on a full-time basis and approved by their respective division
				director to be eligible for training and education supported by the
				TDCJ.
(e) A TDCJ administrator or
				employee must follow all applicable TDCJ policies adopted pursuant to this
				rule.
(f) Only the TDCJ executive
				director may authorize the tuition reimbursement payment of a TDCJ
				administrator or employee for a training or education program offered by an
				institution of higher education or private or independent institution of higher
				education as defined by Section
				61.003, Education
				Code. The TDCJ may only reimburse the tuition expenses for a program course
				successfully completed by the administrator or employee at an institution of
				higher education accredited by a recognized accrediting agency as defined by
				Section
				61.003, Education
				Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.55 - Disposal of Surplus Agricultural Goods and Agricultural Personal Property

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. It is
				the policy of the Texas Board of Criminal Justice (TBCJ) that surplus
				agricultural goods produced by the Texas Department of Criminal Justice (TDCJ)
				and surplus agricultural personal property used in the TDCJ's agricultural
				operations be disposed in the most efficient manner possible for the goods or
				personal property being disposed.
(b) Definitions. The following words and
				terms, when used in this section, shall have the following meanings, unless the
				context clearly indicates otherwise.
(1)
				Surplus agricultural goods are those agricultural commodities grown, produced,
				purchased, or acquired by the TDCJ for use within the TDCJ or other state or
				local agency or non-profit organization, which:
(A) exceed the needs of TDCJ
				operations;
(B) are not required
				for the TDCJ's foreseeable needs; and
(C) have been determined to be surplus by the
				TDCJ chief financial officer in coordination with the Manufacturing,
				Agribusiness and Logistics Division director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.71 - Marking of Texas Department of Criminal Justice Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsections (b) and
				(c) of this rule, all Texas Department of Criminal Justice (TDCJ) vehicles
				shall be inscribed in accordance with Texas Transportation Code §
									721.002 and
				§ 721.003.
(b) The purposes
				for not inscribing TDCJ vehicles are to legitimately maintain anonymity for law
				enforcement purposes, to avoid damage to a vehicle or danger to staff that
				could occur if the vehicle were identified as a TDCJ vehicle, and to avoid
				hindrance of TDCJ efforts in an emergency, such as an escape, attempted escape,
				or riot. Accordingly, the following vehicles are exempt from inscription:
(1) vehicles used for surveillance,
				undercover work, or investigation of law or TDCJ policy violations by the
				Office of the Inspector General or any other investigatory unit within the
				TDCJ;
(2) vehicles used primarily
				for administrative purposes and assigned to TDCJ officials holding
				administrative positions, as determined by the executive director, for which
				confidentiality is necessary to prevent undue risk of danger or injury to TDCJ
				officials operating those vehicles or damage to the vehicle;
(3) vehicles assigned to officials holding
				administrative positions whose jobs require response to emergency situations
				involving inmates; and
(4) vehicles
				used to conduct home visits of offenders under supervision of the
				TDCJ.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.73 - Texas Department of Criminal Justice Vehicle Assignments

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the policy of the Texas Board of
				Criminal Justice (TBCJ) that each Texas Department of Criminal Justice (TDCJ)
				vehicle, with the exception of any vehicle assigned to a field employee, the
				Office of the Inspector General (OIG), and as noted in subsection (c) of this
				rule, be assigned to the TDCJ motor pool and be available for check
				out.
(b) TDCJ vehicles shall only
				be used on official state business. TDCJ vehicles shall not be used to
				transport employee pets.
(c) The
				TDCJ may assign a vehicle to an individual administrative or executive employee
				on a regular or everyday basis, if the TDCJ determines the assignment of the
				vehicle is critical to the needs and mission of the TDCJ. Such vehicle
				assignments may include vehicles used for law enforcement purposes and vehicles
				assigned to positions that are required to respond to emergency
				situations.
(d) The executive
				director may authorize an employee to use a TDCJ vehicle to commute to and from
				work when it is determined the use of the vehicle may be necessary to ensure
				that vital TDCJ functions are performed. The name and job title of each
				employee authorized for such use and the reasons for the authorization must be
				included in the TDCJ annual report required by Texas Government Code §
									2101.0115.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.75 - Standards of Conduct for Financial Advisors and Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. Financial Advisor or Service
				Provider is a person or business entity who acts as a financial advisor,
				financial consultant, money manager, investment manager, or broker.
(b) Applicability.
(1) This section applies in connection with
				the management or investment of any state funds managed or invested by the
				Texas Department of Criminal Justice (TDCJ) under the Texas Constitution or
				other law, including Chapters 404 and 2256, Texas Government Code, without
				regard to whether the funds are held in the state treasury.
(2) This section applies to financial
				advisors or service providers who are not employees of the TDCJ, who provide
				financial services to or advise the TDCJ in connection with the management or
				investment of state funds, and who:
(A) May
				reasonably be expected to receive, directly or indirectly, more than $10,000 in
				compensation from TDCJ during a fiscal year; or
(B) Render important investment or funds
				management advice to the TDCJ.
(3) The standards adopted in this rule are
				intended to identify professional and ethical standards by which all financial
				advisors or service providers shall abide in addition to the professional and
				ethical standards that may already be imposed on financial advisors or service
				providers under any contracts or service agreements with the TDCJ.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 151 - GENERAL PROVISIONS › Section 151.77 - Purchasing and Contracting with Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Board of Criminal Justice
				(TBCJ) hereby adopts by reference the rules of the Texas Comptroller of Public
				Accounts codified in 34 Texas Administrative Code, Part 1, Chapter 20,
				Subchapter D, Division 1, relating to the Historically Underutilized Business
				(HUB) Program. The Texas Department of Criminal Justice shall comply with these
				rules and Texas Government Code §
									493.012.
(b) It is the intent of the TBCJ that all
				contracts for construction projects and for the purchase of goods and services
				be awarded in compliance with the applicable Texas purchasing laws, the
Texas Constitution,
and the
United States
				Constitution.
No preference shall be provided to a business except as
				provided by Texas Government Code §§
									2155.441
				-
				2155.453.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter A - MISSION AND ADMISSIONS › Section 152.1 - Correctional Institutions Division

Current through Reg. 49, No. 28; July 12, 2024
The Correctional Institutions Division (CID) is the
					 division of the Texas Department of Criminal Justice with operational
					 responsibility for providing safe and appropriate confinement, supervision, and
					 rehabilitation of Texas adult felony offenders. The CID operates a variety of
					 secure correctional facilities including prisons, pre-release facilities,
					 psychiatric facilities, medical facilities, substance abuse felony punishment
					 facilities, state jails, transfer facilities, and intermediate sanction
					 facilities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter A - MISSION AND ADMISSIONS › Section 152.3 - Admissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Counties will send commitment papers on
				  inmates sentenced to the Texas Department of Criminal Justice (TDCJ) to the
				  TDCJ Classification and Records Office (CRO) immediately following completion
				  of the commitment papers. Those counties equipped to do so may send paperwork
				  electronically.
(b) The TDCJ shall
				  accept inmates sentenced to prison within 45 days of the date the commitment
				  papers are certified by the CRO. If TDCJ does not take custody of an inmate
				  within 45 days after the commitment papers are certified, TDCJ shall reimburse
				  the county for each day of confinement within the county over 45 days at the
				  most recent systemwide cost per day published by the Legislative Budget Board
				  on the date the CRO receives the county's request for reimbursement.
(c) No later than the fifth business day
				  after the date the CRO receives commitment papers from the county, the CRO
				  shall:
(1) review and certify the commitment
				  papers if the CRO determines there are no errors or deficiencies requiring
				  corrective action by the county; or
(2) notify the county that the CRO has
				  determined the commitment papers require corrective action by the county and
				  identify the errors needing correction.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter A - MISSION AND ADMISSIONS › Section 152.5 - Designation of State Jail Regions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Texas Board of Criminal Justice (TBCJ) may not designate a region that
				  subdivides a geographical area served by a community supervision and
				  corrections department (CSCD). The TBCJ may designate a region that contains
				  only one judicial district if that district serves a municipality with a
				  population of 400,000 or more. The TBCJ shall consider the following factors in
				  ensuring the CSCDs are served as efficiently as possible:
(1) The number and size of counties being
				  served by the CSCD;
(2) Geographic
				  distances between counties; and
(3)
				  The need for state jail capacity as determined by the anticipated number of
				  defendants who will be required by a judge to serve a term of confinement in a
				  state jail.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter B - CORRECTIONAL CAPACITY › Section 152.21 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Government Code §§ 499.102 -
					 499.110, the purpose of this subchapter is to establish the maximum rated
					 capacity of individual units. This subchapter is not intended to create a
					 liberty interest or grant a right on the part of any offender within the
					 custody of the Texas Department of Criminal Justice.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter B - CORRECTIONAL CAPACITY › Section 152.23 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the content clearly
					 indicates otherwise.
(1) De minimis
				  increase in maximum rated unit capacity is the addition of 2% or fewer beds to
				  the capacity of a unit on a one time basis as originally established by the
				  Texas Board of Criminal Justice (TBCJ), and that the addition will not increase
				  the monthly gross payroll of the unit to which it is added by $500,000 or
				  more.
(2) H.B. 124 is the statutory
				  process for increases other than a de minimis increase to capacity in
				  accordance with Texas Government Code §§ 499.102 - 499.110, as
				  enacted by H.B. 124, Acts 1991, 72nd Leg., ch. 655.
(3) Maximum rated unit capacity is the
				  greatest density of offenders in relation to space available for offender
				  housing as established by the TBCJ.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter B - CORRECTIONAL CAPACITY › Section 152.25 - Maximum Rated Capacity of Individual Units

Current through Reg. 49, No. 28; July 12, 2024
The Texas Board of Criminal Justice establishes the
					 following maximum rated capacities for existing units.
Attached
					 Graphic
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter B - CORRECTIONAL CAPACITY › Section 152.27 - Unit and System Capacity Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unit Capacity General Standard. Except as necessary on a temporary basis, the
				  number of offenders assigned to a unit shall not exceed the unit's maximum
				  rated capacity as established by the Texas Board of Criminal Justice.
(b) Texas Department of Criminal Justice
				  (TDCJ) Operational Capacity Standard. The TDCJ should operate at no higher than
				  96% of the maximum system capacity.
(c) Increases in Capacity. An increase in
				  maximum rated unit capacity, other than a de minimis increase, shall be made in
				  accordance with H.B. 124.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter D - OTHER RULES › Section 152.51 - Authorized Witnesses to the Execution of an Inmate Sentenced to Death

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				  specify those adults, 18 years of age or older, who are authorized to witness
				  the scheduled execution of an inmate who has been sentenced to death.
(b) Victim Witnesses. Five close relatives of
				  the victim and a spiritual advisor may be victim witnesses. The total number of
				  victim witnesses shall not exceed six, unless the provision in paragraph 3 of
				  this subsection applies, at which time the number of victim witnesses shall not
				  exceed seven.
(1) "Close relative of the
				  victim" means the following persons in relation to the victim for whose death
				  the inmate has been scheduled for execution:
(A) The spouse of the victim at the time of
				  the victim's death;
(B) A parent or
				  stepparent of the victim;
(C) An
				  adult brother, sister, child, or stepchild of the victim; or
(D) An individual who had a close
				  relationship with the victim or has a close relationship with a relative of the
				  victim, with the recommendation of the Victim Services Division (VSD) director
				  and approval of the Correctional Institutions Division (CID)
				  director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter D - OTHER RULES › Section 152.61 - Emergency Response to Law Enforcement Agencies or Departments and Non-Agent Private Prisons or Jails

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this rule, shall have the following
				  meanings unless the context clearly indicates otherwise.
(1) "Assistance" refers to Texas Department
				  of Criminal Justice (TDCJ) resources provided to law enforcement agencies or
				  departments, and non-agent private prisons or jails such as personnel,
				  equipment, vehicles, horses, tracking pack or scent specific canines, and
				  chemical agents.
(2) "Emergency
				  situation" is an event determined by a law enforcement agency that presents an
				  immediate or potential threat to public safety if the TDCJ's assistance is not
				  received. The situation will generally involve multiple offenders, an escape,
				  or a hostage situation.
(3) "Law
				  enforcement agency or department" is defined as the Texas Department of Public
				  Safety (DPS), including the Texas Rangers; a municipal police department; a
				  county sheriff's department; a federal law enforcement agency; a university
				  police department; a campus police department; or a school district police
				  department.
(4) "Non-agent private
				  prison or jail" is any privately operated or owned prison or jail in Texas that
				  does not have a contract with the TDCJ to house TDCJ offenders.
(5) "TDCJ facility" is any facility operated
				  by or under contract with the TDCJ.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Board of Criminal Justice shall
				approve, certify, and supervise the Private Sector Prison Industries Programs
				operated by the Texas Department of Criminal Justice, the Texas Juvenile
				Justice Department, and county correctional facilities.
(b) This oversight function includes :
(1) Promulgating board rules governing the
				Private Sector Prison Industries Programs as may be authorized under state and
				federal law;
(2) Designating or
				undesignating a cost accounting center (CAC); and
(3) Determining compliance of the CACs with
				state and federal guidelines and law, as well as 37 Texas Administrative Code
				§
										154.11.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) "Certificate Holder" is
				a governmental entity that has been certified by United States Department of
				Justice, Bureau of Justice Assistance (BJA) to administer a Prison Industry
				Enhancement (PIE) certification program.
(2) "Certification" is the designation by the
				BJA of a Prison Work Pilot Project pursuant to
				18 U.S.C. §
										1761(c) and other applicable
				federal and state laws.
(3) "Cost
				Accounting Center" (CAC) is a distinct goods production unit of a PIE
				certification program that is managed as a separate accounting entity under the
				authority of a certificate holder. All CACs shall operate in compliance with
				the provisions set forth in
				18 U.S.C. §
										1761(c).
(4) "Displacement" is the loss of employment
				in skills, crafts, or trades in which there is a surplus of available gainful
				labor in the state. Displacement may not result in a significant impairment to
				existing contracts. The term displacement as used in this definition includes
				all such prohibited activities, as well as the inappropriate transfer of
				private sector job functions to PIE certification program
				participants.
(5) "Fair Market
				Value" is the amount or rate that is equal to or greater than the average
				amount or rate paid by the state for the lease of substantially similar
				property.
(6) "Governmental Entity"
				is the Texas Department of Criminal Justice, the Texas Juvenile Justice
				Department, and any county that operates a PIE certification program.
(7) "Locality" is the local workforce
				development area designated by the Texas Workforce Commission for the
				geographic area where the work will be performed.
(8) "Participant" is an offender employed by
				a PIE certification program.
(9)
				"Prevailing Wage" is a wage rate that is not less than that paid for work of a
				similar nature in the locality in which the work will be performed.
(10) "Private Sector Prison Industries
				Programs" is the term used by the state, which has the same meaning as the PIE
				certification program, as authorized by
				18 U.S.C. §
										1761(c).
(11) "United States Department of Justice,
				Bureau of Justice Assistance" is a federal agency, which certifies that local
				or state prison industry programs meet all the necessary requirements to sell
				prison-made goods in interstate commerce.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.3 - Program Inquiries

Current through Reg. 49, No. 28; July 12, 2024
(a) All written
				inquiries and requests for information related to the Private Sector Prison
				Industries Programs shall be submitted to the Texas Board of Criminal Justice
				(TBCJ), P.O. Box 13084, Austin, TX 78711.
(b) TBCJ staff shall refer each inquiry or
				request to the Texas Department of Criminal Justice (TDCJ), Texas Juvenile
				Justice Department, or county correctional facility for a response.
(c) The TDCJ shall respond in a timely manner
				and provide a copy of the response to the chairman of the TBCJ and the chairman
				of the TBCJ Business and Financial Operations Committee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.4 - Prison Industries Enhancement Certification Program Wages and Non-Displacement of Workers

Current through Reg. 49, No. 28; July 12, 2024
(a) As provided in
				this chapter, each private industry interested in establishing a Prison
				Industries Enhancement (PIE) certification program in a facility operated by or
				under contract with the Texas Department of Criminal Justice (TDCJ), the Texas
				Juvenile Justice Department (TJJD), or a county correctional facility shall
				submit documentation of the prevailing wage for each job classification in the
				proposal submitted to the Texas Board of Criminal Justice pursuant to 37 Texas
				Administrative Code §
									154.7.
(b) The private industry shall obtain written
				verification from the Texas Workforce Commission (TWC) that the wage plan for
				the operation of the PIE certification program is consistent with the
				prevailing wage for each job classification in the locality in which the work
				will be performed.
(c) Upon receipt
				of this information, the TDCJ, TJJD, or county correctional facility shall
				request from the TWC information necessary to certify that:
(1) The private industry will not result in
				the displacement of employees or the loss of existing jobs of a similar nature
				by any employer in this state. For the purpose of this rule, a program does not
				result in the loss of existing jobs if, at the time of initial certification,
				the jobs are performed by workers in a foreign country; and
(2) The private industry will not be applied
				in skills, crafts, or trades in which there is a surplus of available gainful
				labor in the state.