reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter D - PLANS AND DRILLS FOR EMERGENCIES › Section 263.42 - Fire Prevention Plan

Current through Reg. 49, No. 28; July 12, 2024
Each facility, after consultation with the local fire
					 department or Texas Commission on Fire Protection, shall have and implement a
					 written plan, approved by the Commission on Jail Standards, for fire prevention
					 and a fire hazard inspection checklist which shall be evaluated no less than
					 each calendar quarter. The facility shall be inspected annually by a local fire
					 official who is certified by the Texas Commission on Fire Protection or who
					 meets the alternative criteria provided in Government Code
					 419.909
					 and shall pass the inspection.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter E - LIFE SAFETY AND EMERGENCY EQUIPMENT › Section 263.50 - Emergency Electrical Power

Current through Reg. 49, No. 28; July 12, 2024
(a) New
				  facilities, new additions, and major renovations to existing facilities shall
				  be equipped with an emergency back-up electrical generator designed to operate
				  both manually and automatically upon interruption of the primary electrical
				  power source. The system shall be capable of operating uninterrupted for a
				  minimum period of one and one half hours without refueling. Back-up electrical
				  power shall be provided for necessary equipment and life safety systems
				  including, but not limited to:
(1) emergency
				  illumination systems;
(2) exit
				  lights;
(3) smoke management
				  systems;
(4) fire detection and
				  alarm systems;
(5) audible
				  communication systems;
(6)
				  security/control systems;
(7)
				  normal ventilation systems required for smoke detection.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter E - LIFE SAFETY AND EMERGENCY EQUIPMENT › Section 263.51 - Smoke Management

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Jails
				  shall have a sufficient means of managing smoke from a fire to permit orderly
				  movement of inmates from the area of a fire incident. Smoke management shall
				  limit the exposure of staff to untenable conditions when responding to a fire
				  emergency. The means of smoke management shall be a combination of
				  compartmentation, control of smoke migration from the affected area, and means
				  of removing smoke to the exterior of the building. The smoke management system
				  shall include the consideration of:
(1)
				  automatic and manual fire detection;
(2) automatic and manual fire
				  alarm;
(3) automatic and manual
				  smoke control system activation;
(4) automatic and manual fire
				  suppression;
(5) maintenance of
				  safe means of egress;
(6) movement
				  of inmates from affected area to an area of safety;
(7) containment of smoke to space of fire
				  origin;
(8) automatic and manual
				  removal of smoke.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter E - LIFE SAFETY AND EMERGENCY EQUIPMENT › Section 263.52 - Standpipes and Hoses

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall be furnished with an approved wet NFPA
					 14 Class III standpipe and hose system (located to permit quick deployment to
					 all inmate occupied areas) for use by fire department personnel and staff.
					 Partial or complete automatic fire sprinkler systems with appropriate sprinkler
					 heads may be provided. Facilities equipped with complete automatic fire
					 sprinkler systems, in accordance with NFPA 13, may reduce the system to an NFPA
					 Class I system. A one inch noncollapsible hose and reel system may be used in
					 lieu of the one and one-half inch collapsible hose when approved by local fire
					 officials. Existing facilities may request a variance from this
					 requirement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter E - LIFE SAFETY AND EMERGENCY EQUIPMENT › Section 263.53 - Portable Fire Extinguishers

Current through Reg. 49, No. 28; July 12, 2024
Portable fire extinguishers of the number, size, and type,
					 and in appropriate locations or in accordance with NFPA 101 shall be
					 provided.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter E - LIFE SAFETY AND EMERGENCY EQUIPMENT › Section 263.54 - Equipment

Current through Reg. 49, No. 28; July 12, 2024
All life safety equipment shall be out of reach of inmates
					 or otherwise secured from unauthorized tampering. At least one self-contained
					 breathing apparatus shall be available and maintained in or near each facility
					 control station. All staff shall be trained and quarterly drills conducted in
					 the use of this equipment. A minimum of one unit shall be provided for each
					 building of a multibuilding facility and on each floor of a multistory
					 facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter E - LIFE SAFETY AND EMERGENCY EQUIPMENT › Section 263.55 - Inspections, Maintenance, Testing

Current through Reg. 49, No. 28; July 12, 2024
All life safety equipment shall be inspected, maintained,
					 and tested by persons qualified to do so (whether under vendor contract, by
					 state or private agency or otherwise) in order that such equipment shall be
					 safe, secure, and fully operative at all times.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter E - LIFE SAFETY AND EMERGENCY EQUIPMENT › Section 263.56 - Testing Emergency Power Equipment

Current through Reg. 49, No. 28; July 12, 2024
Emergency power equipment shall be tested at least once
					 each week and the electric load transferred to the circuits at least
					 monthly.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter F - RECORDS AND REPORTS › Section 263.70 - Records

Current through Reg. 49, No. 28; July 12, 2024
Adequate records of all required life safety plans, drills,
					 and inspection of equipment shall be maintained and shall be readily available
					 for inspection by the commission. The records shall include date, time,
					 results, and signature of person conducting inspection.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 263 - LIFE SAFETY RULES › Subchapter G - SUBMISSION WITH ARCHITECTURAL PLANS › Section 263.90 - Submission

Current through Reg. 49, No. 28; July 12, 2024
Drawings of adequate detail indicating all life safety and
					 emergency equipment and the proposed function thereof shall be submitted with
					 new construction or renovation plans in accordance with §
										257.4 of
					 this title (relating to Required Submissions).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.1 - Receiving

Current through Reg. 49, No. 28; July 12, 2024
The receiving officer shall determine that each inmate is
				  being committed by a duly authorized officer. If only one jailer is on duty,
				  the delivering officer should stay until the inmate is locked into the
				  facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.2 - Search

Current through Reg. 49, No. 28; July 12, 2024
(a) A thorough pat or frisk search shall be
				conducted on each inmate upon entry into the facility and prior to
				booking.
(b) When facility
				personnel reasonably believe it to be necessary, inmates should undergo a
				thorough strip search for weapons and contraband that may pose a threat to the
				security or safety of the facility. The strip search shall be conducted by
				jailer(s) or designated staff of the same gender in a reasonable and dignified
				manner and place.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.3 - Observation During Holding

Current through Reg. 49, No. 28; July 12, 2024
Inmates confined in a holding cell or detoxification cell
				  shall be observed by facility personnel at intervals not to exceed 30
				  minutes.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.4 - Inmate Files

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon intake, a
				file on each inmate shall be established. The file shall include:
(1) name of inmate with aliases;
(2) description;
(3) gender
(4) marital status;
(5) address;
(6) date of birth;
(7) offense charged;
(8) date of commitment;
(9) previous criminal record;
(10) record of injuries;
(11) inmate property inventory;
(12) disabilities warranting special
				accessibility consideration;
(13)
				name, address, and phone number of person to be contacted in event of
				emergency;
(14) the name of the
				delivering officer, and the arresting agency;
(15) documents that purport to legally
				authorize the inmate's commitment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.5 - Health Tags

Current through Reg. 49, No. 28; July 12, 2024
"Health tags" which may identify the inmate as having special
				  medical or mental health needs shall be noted in the inmate's medical record
				  and brought to the attention of health personnel and/or the supervisor on
				  duty.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.6 - Identification

Current through Reg. 49, No. 28; July 12, 2024
Each inmate should be fingerprinted and photographed. Copies
				  of the fingerprints should be forwarded to the proper state and federal
				  authorities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.7 - Telephone Use

Current through Reg. 49, No. 28; July 12, 2024
A telephone shall be available for inmates' use within the
				  processing area. The facility shall allow reasonable access to a written or
				  electronic contact list that is in the inmate's possession upon
				  booking.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.9 - Bonding

Current through Reg. 49, No. 28; July 12, 2024
The inmate shall be given the opportunity to secure his
				  release utilizing the bonding procedures available in the county or
				  district.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.10 - Inmate Property Checking

Current through Reg. 49, No. 28; July 12, 2024
The receiving officer shall carefully record and store the
				  inmate's property as it is taken. A receipt signed by the receiving officer and
				  the inmate shall be maintained in the inmate's file. In the event an inmate
				  refuses to sign the property receipt, the receiving officer, with a witness
				  present, shall note the refusal and sign the receipt.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.11 - Shower

Current through Reg. 49, No. 28; July 12, 2024
Following booking and prior to housing assignment, inmates
				  should be showered. Inmate showers shall be supervised by a jailer or
				  designated staff of the same gender.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.12 - Communicable Disease

Current through Reg. 49, No. 28; July 12, 2024
Inmates suspected of having a reportable communicable disease
				  shall be isolated and immediate arrangements made for the inmate's transfer to
				  a facility equipped to handle the suspected disease, unless the admitting
				  facility can safely and effectively segregate and maintain a medically
				  prescribed course of treatment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 265 - ADMISSION › Section 265.13 - Verify Veteran Status

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				sheriff/operator shall investigate and verify the veteran status of each
				prisoner by using data made available from the Veterans Reentry Search Service
				(VRSS) operated by the United States Department of Veteran Affairs or similar
				service.
(b) Each sheriff/operator
				shall provide assistance to prisoners identified as veterans, identified
				through either self-report or the VRSS, in applying for federal benefits or
				compensation for which the prisoners may be eligible under a program
				administered by the United States Department of Veterans Affairs. Assistance
				includes, but not limited to, direct assistance by qualified claims counselor,
				issuance of a referral card, or similar assistance.
(c) Each sheriff shall maintain a log of
				positive VRSS returns with identifying prisoner number and whether a referral
				card was issued to the identified veteran prior to his or her release. If a
				referral card was not issued, a reason shall be provided on the log.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 267 - RELEASE › Section 267.5 - Property Return

Current through Reg. 49, No. 28; July 12, 2024
All inmates being discharged or released from the facility
				  shall sign a receipt for property returned. In the event an inmate refuses to
				  sign the property return receipt, the releasing officer, with a witness
				  present, shall note the refusal and sign the receipt.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 267 - RELEASE › Section 267.6 - Inmate Release Times

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				shall release an inmate at any time beginning at 6:00 a.m. and ending at 5:00
				p.m. on the day the inmate discharges the inmate's sentence.
(b) A facility may credit an inmate with no
				more than 18 hours of time served and release the inmate at any time beginning
				at 6:00 a.m. and ending at 5:00 p.m. on the day preceding the day on which the
				inmate discharges the inmate's sentence.
(c) A facility may release an inmate from
				county jail after 5:00 p.m. and before 6:00 a.m. if the inmate:
(1) posts a bond;
(2) agrees to or requests a release after
				5:00 p.m. and before 6:00 a.m.;
(3)
				is subject to an arrest warrant issued by another county and is being released
				for purposes of executing that arrest warrant;
(4) is being transferred to the custody of
				another state, a unit of the federal government, or a facility operated by or
				under contract with the Texas Department of Criminal Justice; or
(5) is being admitted to an inpatient mental
				health facility or a state supported living center for court-ordered mental
				health or intellectual disability services.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter A - GENERAL › Section 269.1 - Record System

Current through Reg. 49, No. 28; July 12, 2024
The sheriff/operator shall maintain the following
					 records:
(1) a daily record of the
				  number of inmates in the facility;
(2) a record on each inmate including:
(A) intake;
(B) identification;
(C) classification;
(D) property;
(E) discipline;
(F) grievance;
(G) commissary;
(H) medical;
(I) incidents or unusual
				  occurrences;
(J) release;
(K) documentation relating to the continued
				  custody of inmates; and
(L)
				  receipts and expenditures of inmate accounts.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter A - GENERAL › Section 269.2 - Fiscal

Current through Reg. 49, No. 28; July 12, 2024
Each sheriff/operator should maintain fiscal records which
					 will clearly indicate the costs for the facility. Such records should include
					 feeding and clothing outlay and other program costs. Each county auditor shall
					 submit to the commission a copy of the annual financial audit of general
					 operations of the jail not later than ten days after completing the
					 audit.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter A - GENERAL › Section 269.3 - Weapons/Ammunition Procedure

Current through Reg. 49, No. 28; July 12, 2024
Weapons shall not be permitted beyond the security
					 perimeter. Ammunition should not be permitted beyond the security perimeter.
					 Each facility shall have and implement a written policy available for
					 commission review regarding ammunition.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter A - GENERAL › Section 269.4 - Equitable Treatment

Current through Reg. 49, No. 28; July 12, 2024
Each Sheriff/operator shall have and implement a written
					 procedure providing for equitable treatment regardless of race, religion,
					 national origin, gender, age, or disabilities. The treatment of inmates with
					 disabilities shall be in accordance with Title II, Subtitle A, of the Americans
					 with Disabilities Act, 42 United States Code §§35.101 -
					 35.190
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter B - JAIL POPULATION REPORTS › Section 269.10 - General

Current through Reg. 49, No. 28; July 12, 2024
The commission is required by Government Code, Chapter 499,
					 §499.122 (concerning Inmate Counts) to analyze monthly the population of
					 each jail.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter B - JAIL POPULATION REPORTS › Section 269.11 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Each sheriff shall submit to the
				  commission reports for each month indicating the number and type of inmates
				  confined in the jail.
(b) Reports
				  shall be delivered to the commission not later than five days after the last
				  day of the reporting month.
(c) The
				  sheriff shall certify over his signature that the information provided in each
				  report is complete and accurate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter B - JAIL POPULATION REPORTS › Section 269.12 - Forms

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference Form PR-1, Monthly Paper
					 Ready Inmate Report, Form PR-2, Monthly Paper-Ready Inmate Roster, and Form
					 POP-2, Jail Population Report. Copies of the forms are available at the offices
					 of the Texas Commission on Jail Standards at 300 West 15th Street, Suite 503,
					 Austin, Texas 78701 or the agency website at www.tcjs.state.tx.us. Each sheriff
					 shall utilize the referenced forms or similar forms, approved by the Executive
					 Director, for submission of monthly reports.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter B - JAIL POPULATION REPORTS › Section 269.13 - Records

Current through Reg. 49, No. 28; July 12, 2024
Each sheriff shall maintain complete records of the
					 information required under §
										269.11 of this
					 title (relating to Reports) and make the records available to commission staff
					 upon request for review. The sheriff shall retain completed copies of each
					 inmate's TDCJ-ID Document Checklist and copies of issued white warrants for a
					 period of one year from the date of transfer or release of the inmate from the
					 jail.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter B - JAIL POPULATION REPORTS › Section 269.14 - Revisions

Current through Reg. 49, No. 28; July 12, 2024
The sheriff shall notify the commission immediately upon
					 determination that an inaccurate report, required under §
										269.11 of this
					 title (relating to Reports), was submitted by the sheriff to the commission.
					 Revised complete reports shall be submitted to the commission within 60 days of
					 the end of the affected reporting period indicating the correct information for
					 all paper ready inmates confined during the reporting period.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.20 - General

Current through Reg. 49, No. 28; July 12, 2024
The commission is required by Government Code, Chapter 499,
					 §499.125 (concerning the Transfer of Felony Backlog) to transfer inmates
					 awaiting transfer to the Texas Department of Criminal Justice-Institutional
					 Division (TDCJ-ID) from an applicable county jail to appropriate
					 facilities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.21 - Applicable County Jail

Current through Reg. 49, No. 28; July 12, 2024
A jail is an applicable county jail when the commission
					 determines that a jail meets the following criteria:
(1) a state or federal court determines that
				  conditions in a county jail are unconstitutional;
(2) on or after October 1, 1991, the
				  percentage of inmates in the jail awaiting transfer to the TDCJ-ID is 20% or
				  more of the total number of inmates in the jail.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.22 - Appropriate Facility

Current through Reg. 49, No. 28; July 12, 2024
The Executive Director will develop a list of facilities
					 which are appropriate to house the transferred inmates following determination
					 by the commission that a jail is an applicable county jail. An appropriate jail
					 may include a jail, detention center, work camp, or correctional
					 facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.23 - Administrative Order

Current through Reg. 49, No. 28; July 12, 2024
The commission will issue to the sheriff and commissioners
					 court (by and through the county judge) of an applicable county jail upon
					 determination by the commission that the jail meets the criteria of §
										269.21 of
					 this title (relating to Applicable County Jail) a written administrative order
					 to transfer felony backlog inmates to appropriate facilities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.24 - Request for Hearing

Current through Reg. 49, No. 28; July 12, 2024
The sheriff or commissioners court of an applicable county
					 jail to which the commission has issued an administrative order may, within 15
					 days after the date of the order, request a hearing upon any matter of fact or
					 law with which he or the court disagrees. The request for hearing shall be in
					 writing and shall comply with §
										297.8
					 of this title (relating to Request for Hearing). Upon receipt of a timely
					 request for hearing, the commission may schedule a hearing to be conducted at a
					 regular or special meeting of the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.25 - Amendments to Administrative Orders

Current through Reg. 49, No. 28; July 12, 2024
The commission may review and amend an administrative order
					 as necessitated by changes in the status of court orders, jail population, jail
					 conditions, availability of appropriate facilities or other conditions, by
					 commission action at a regular or special meeting.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.26 - Limits of Transfer

Current through Reg. 49, No. 28; July 12, 2024
The commission will determine the number of inmates who
					 shall be transferred from an applicable county jail and the frequency of
					 transfers required to comply with this section and Government Code, Chapter
					 499, §499.125 (concerning Transfer of Felony Backlog).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.27 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) The sheriff of an applicable county jail
				  shall submit a report to the commission of transferred inmates on a form
				  prescribed by the commission. The report shall be delivered to the commission
				  not later than five days after the date of each transfer of inmates.
(b) The sheriff of a county for which an
				  appropriate facility receiving transferred inmates is operated shall submit a
				  report and billing statement to the commission representing the costs of
				  maintenance of transferred inmates on a form prescribed by the commission. The
				  report and billing statement shall be submitted not later than five days after
				  the first and 15th day of each month.
(c) Sheriffs may submit reports on forms
				  produced by automated data processing equipment which provide required
				  information when approved by the Executive Director. Such approved reports
				  shall be considered forms prescribed by the commission.
(d) A county is not eligible for payment
				  under this section if reports are not submitted by the sheriff or if
				  information required by the form(s) is not complete.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.28 - Payments

Current through Reg. 49, No. 28; July 12, 2024
The commission is liable to a county operating a facility
					 receiving transferred inmates for payment of the costs of maintenance of
					 transferred inmates. The commission is liable to counties for the payment of
					 costs of transportation of transferred inmates.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.29 - Determination of Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The costs of
				  maintenance shall be the actual costs, as determined by the agreement between
				  the Texas Board of Criminal Justice and the county operating the appropriate
				  facility receiving transferred inmates.
(b) The costs of transportation shall be the
				  agreed cost between the transporting county and the commission. Such costs
				  shall be determined and agreed upon by the commission and the transporting
				  county prior to the movement of inmates. The cost of transportation may be
				  adjusted as appropriate when evidenced by sufficient documentation and approved
				  by the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.30 - Felony Backlog Inmates

Current through Reg. 49, No. 28; July 12, 2024
This chapter is applicable only to the transfer of inmates
					 confined in a jail who are awaiting transfer to the TDCJ-ID following
					 conviction of a felony or revocation of probation, parole, or release on
					 mandatory supervision and to whom all paperwork and processing required under
					 Code of Criminal Procedure, Article 42.09, §8(a) (concerning Commencement
					 of Sentence and Delivery to Place of Confinement) for transfer have been
					 completed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.31 - Forms

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference Inmate Transfer Roster
					 (form ITR-1) and Transferred Inmate Maintenance Report (form Trans-1). Copies
					 of the forms are available at the offices of the Texas Commission on Jail
					 Standards at 300 West 15th Street, Suite 503, Austin, Texas
					 78701.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter C - TRANSFER OF FELONY BACKLOG › Section 269.32 - Order To Accept Inmates

Current through Reg. 49, No. 28; July 12, 2024
The commission may order the sheriff and commissioners
					 court (by and through the county judge) of a county to accept inmates
					 transferred under this chapter when the commission determines that the housing
					 of transferred inmates in a facility operated by or for the county is necessary
					 in order to effectuate the mandated authority of the commission to transfer
					 inmates in accordance with Government Code, Chapter 499, §499.125
					 (concerning Transfer of Felony Backlog).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter E - REPORT ON RESTRAINT OF PREGNANT INMATES › Section 269.50 - Review

Current through Reg. 49, No. 28; July 12, 2024
The Commission is required by Government Code, Chapter 511,
					 §511.0105 to collect and review reports on the use of restraints on
					 pregnant inmates.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter E - REPORT ON RESTRAINT OF PREGNANT INMATES › Section 269.51 - Submission

Current through Reg. 49, No. 28; July 12, 2024
No later than February 1 of each year, each facility under
					 the Commission's purview shall submit a report regarding the facility's use,
					 during the preceding calendar year, of any type of restraints to control or
					 restrict the movement of an inmate, including a limb or other part of the
					 inmate, who is confirmed to be pregnant or who gave birth in the preceding 12
					 weeks.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter E - REPORT ON RESTRAINT OF PREGNANT INMATES › Section 269.52 - Content

Current through Reg. 49, No. 28; July 12, 2024
The report shall include the circumstances of each use of
					 restraints, including:
(1) the
				  specific type of restraints used;
(2) what activity the inmate was engaged in
				  immediately before being restrained;
(3) whether the inmate was restrained during
				  or after delivery;
(4) whether the
				  inmate was restrained while being transported to a local hospital;
				  and
(5) the reasons supporting the
				  determination to use the restraints, a description of the process by which the
				  determination was made, and the name and title of the person or persons making
				  the determination.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 269 - RECORDS AND PROCEDURES › Subchapter E - REPORT ON RESTRAINT OF PREGNANT INMATES › Section 269.53 - Form

Current through Reg. 49, No. 28; July 12, 2024
The commission shall prescribe a form for the report
					 required for this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 271 - CLASSIFICATION AND SEPARATION OF INMATES › Section 271.1 - Objective Classification Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				sheriff/operator shall develop and implement an objective classification plan
				approved by the Commission by January 1, 1997. The plan shall include
				principles, procedures, instruments and explanations for classification
				assessments, housing assignments, reassessments and inmate needs. Plans
				utilizing an approved objective classification system shall be submitted and
				approved by the Commission. The following principles and procedures shall be
				addressed:
(1) inmates shall be classified
				and housed in the least restrictive housing available without jeopardizing
				staff, inmates or the public, utilizing risk factors which include any or all
				of the following:
(A) current offense or
				conviction;
(B) offense
				history;
(C) escape
				history;
(D) institutional
				disciplinary history;
(E) prior
				convictions;
(F) alcohol and/or
				drug abuse; and
(G) stability
				factors.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 271 - CLASSIFICATION AND SEPARATION OF INMATES › Section 271.2 - Housing Scheme

Current through Reg. 49, No. 28; July 12, 2024
Each sheriff/operator shall establish a housing scheme
				  designating the construction security level (minimum, medium, maximum) of each
				  facility, housing unit and bed. Custody level assignments shall not exceed the
				  construction security level.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 271 - CLASSIFICATION AND SEPARATION OF INMATES › Section 271.3 - Training

Current through Reg. 49, No. 28; July 12, 2024
The plan shall provide that all staff whose duties include
				  classification, shall undergo at least four hours of training on the
				  principles, procedures and instruments for classification assessments, housing
				  assignments, reassessments and inmate needs.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 271 - CLASSIFICATION AND SEPARATION OF INMATES › Section 271.4 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
The plan shall provide that a documented appeals process
				  shall be provided for classification assessments, reassessments, housing, work
				  and program assignments.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 271 - CLASSIFICATION AND SEPARATION OF INMATES › Section 271.5 - Validation

Current through Reg. 49, No. 28; July 12, 2024
Prior to implementation, classification instruments other
				  than those recommended by the commission and documentation of validation shall
				  be submitted for approval.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 271 - CLASSIFICATION AND SEPARATION OF INMATES › Section 271.6 - Records

Current through Reg. 49, No. 28; July 12, 2024
Records shall be maintained on classification assessments,
				  housing, work and program assignments, reassessments and
				  appeals.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 271 - CLASSIFICATION AND SEPARATION OF INMATES › Section 271.7 - Audit

Current through Reg. 49, No. 28; July 12, 2024
The plan shall provide that an annual, internal audit shall
				  be conducted on the classification system. Audit records shall be maintained
				  for Commission review. The audit shall assess the following features of the
				  objective classification system:
(1)
				inmates are classified prior to placement in inmate housing;
(2) inmates are housed according to their
				assigned custody levels;
(3) the
				override rate is acceptable; and
(4) classification instruments are completed
				in an accurate and timely manner.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 273 - HEALTH SERVICES › Section 273.1 - Health Services

Current through Reg. 49, No. 28; July 12, 2024
The owner/operator of each facility shall provide medical,
				  mental, and dental services in accordance with the approved health services
				  plan. These services may include, but shall not be limited to, the services of
				  a licensed physician, professional and allied health personnel, hospital, or
				  similar services.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 273 - HEALTH SERVICES › Section 273.2 - Health Services 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 medical, mental, and dental services.
				  The plan shall:
(1) provide procedures
				for regularly scheduled sick calls;
(2) provide procedures for referral for
				medical, mental, and dental services;
(3) provide procedures for efficient and
				prompt care for acute and emergency situations;
(4) provide procedures for long-term,
				convalescent, and care necessary for disabled inmates;
(5) provide procedures for medical, to
				include obstetrical and gynecological care, mental, nutritional requirements,
				special housing and appropriate work assignments and the documented use of
				restraints during labor, delivery and recovery for known pregnant inmates. A
				sheriff/operator shall notify the commission of any changes in policies and
				procedures in the provision of health care to pregnant prisoners. A
				sheriff/operator shall notify the commission of any changes in policies and
				procedures in the placement of a pregnant prisoner in administrative
				separation. As soon as practicable after receiving a report of a miscarriage or
				physical or sexual assault of a pregnant inmate while in the custody of a
				county jail, the sheriff shall ensure that an obstetrician or gynecologist and
				a mental health professional promptly:
(A)
				review the health care services provided to the prisoner; and
(B) order additional health care services,
				including obstetrical and gynecological services and mental health services, as
				appropriate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 273 - HEALTH SERVICES › Section 273.4 - Health Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The health
				services plan shall include procedures for the maintenance of a separate health
				record on each inmate. The record shall include a health screening procedure
				administered by health personnel or by a trained booking officer upon the
				admission of the inmate to the facility and shall cover, but shall not be
				limited to, the following items:
(1) health
				history;
(2) current illnesses
				(prescriptions, special diets, and therapy);
(3) known pregnancy;
(4) current medical, mental, and dental care
				and treatment;
(5) behavioral
				observation, including state of consciousness and mental status;
(6) inventory of body deformities, ease of
				movement, markings, condition of body orifices, and presence of lice and
				vermin.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 273 - HEALTH SERVICES › Section 273.5 - Mental Disabilities/Suicide Prevention Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Each sheriff/operator shall develop and
				implement a mental disabilities/suicide prevention plan, in coordination with
				available medical and mental health officials, approved by the Commission by
				March 31, 1997. The plan shall address the following principles and procedures:
(1) Training. Provisions for staff training
				(including frequency and duration) on the procedures for recognition,
				supervision, documentation, and handling of inmates who are mentally disabled
				and/or potentially suicidal. Supplemental training should be provided to those
				staff members responsible for intake screening;
(2) Identification. Procedures for intake
				screening to identify inmates who are known to be or observed to be mentally
				disabled and/or potentially suicidal and procedures for compliance with Code of
				Criminal Procedure Article 16.22 and referrals to available mental health
				officials;
(3) Communication.
				Procedures for communication of information relating to inmates who are
				mentally disabled and/or potentially suicidal;
(4) Housing. Procedures for the assignment of
				inmates who are mentally disabled and/or potentially suicidal to appropriate
				housing;
(5) Supervision.
				Provisions for adequate supervision of inmates who are mentally disabled and/or
				potentially suicidal and procedures for documenting supervision;
(6) Intervention and Emergency Treatment.
				Procedures for staff intervention prior to the occurrence of a suicide and
				during the progress of a suicide attempt, or serious deterioration of mental
				condition;
(7) Reporting.
				Procedures for reporting of completed suicides to appropriate outside
				authorities and family members; and
(8) Follow-Up Review. Procedures for
				follow-up review of policies by the sheriff/operator and mental health and
				medical officials following all attempted or completed suicides.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 273 - HEALTH SERVICES › Section 273.6 - Restraints

Current through Reg. 49, No. 28; July 12, 2024
Inmates exhibiting behavior indicating that they are a danger
				  to themselves or others shall be managed in such a way as to minimize the
				  threat of injury or harm. If restraints are determined to be necessary, they
				  shall be used in a humane manner, only for the prevention of injury, and not as
				  a punitive measure.
(1) The decision
				to apply restraints shall be made by supervisory or medical personnel.
				Appropriate staff should assess the inmate's medical condition.
(2) Restraints should restrict movement of an
				inmate only to the degree necessary to avoid injurious behavior. Soft or padded
				restraints should be used when feasible. Inmates shall not be restrained in a
				position or manner that would exacerbate any physical infirmities.
(3) A documented observation of the inmate
				shall be conducted every 15 minutes, at a minimum. The observations should
				include an assessment of the security of the restraints and the circulation to
				the extremities.
(4) The inmate
				should receive medical care a minimum of every 2 hours, to include changing
				position, exercising extremities, offering nourishment and liquids, offering
				toilet facilities, checking for medication needs, and taking vital signs. These
				checks shall be documented.
(5)
				Documentation of use of restraints shall include, but not be limited to the
				following: the events leading up to the need for restraints, the time the
				restraints were applied, the justification for their use, observations of the
				inmate's behavior and condition, the 15-minute checks and the time the
				restraints were removed.
(6) A jail
				shall not use restraints on a inmate confirmed to be pregnant or who gave birth
				in the preceding 12 weeks for the duration of the pregnancy and for a period of
				not less than 12 weeks after the inmate gives birth:
(A) unless supervisory personnel determine
				that the use of restraints is necessary to prevent an immediate and credible
				risk that the inmate will attempt to escape; or the inmate poses an immediate
				and serious threat to the health and safety of the inmate, staff, or any member
				of the public; or
(B) unless a
				health care professional responsible for the health and safety of the inmate
				determines that the use of restraints is appropriate for the health and safety
				of the inmate and, if applicable, the unborn child of the inmate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 273 - HEALTH SERVICES › Section 273.7 - Tuberculosis Screening Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Each facility
				having a capacity of 100 or more beds, or housing inmates transferred from a
				facility with a capacity of at least 100 beds or housing inmates from another
				state, shall develop and implement a plan for tuberculosis screening tests of
				employees, volunteers, and inmates. Inmates confined in the jail for more than
				7 days shall be tested on or before the 7th day after the day of confinement.
				Inmates may be exempt from the screening test when the test conflicts with the
				tenets of an organized religion to which the individual belongs or when the
				test is contraindicated based on an examination by a physician. An inmate is
				not required to be retested at each rebooking if the inmate is booked into the
				facility more than once during a 12-month period, unless the inmate shows
				symptoms of or is known to have been exposed to tuberculosis.
(b) The tuberculosis screening plan shall be
				developed and implemented in accordance with 25 TAC §§
									97.171-
				97.180
				(relating to Communicable Diseases) and the Texas Health and Safety Code,
				§§
									89.001 -
				89.102 and
				shall be approved by the appropriate branch of the Department of State Health
				Services prior to use. The plan shall be made available to the Commission upon
				request. A copy of an inmate's medical records or documentation of screenings
				or treatment received during confinement shall accompany an inmate transferred
				from one correctional facility to another or to TDCJ-ID and be available for
				medical review upon arrival of the inmate.