reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.5 - Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Any private
				industry proposing to operate 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 notify the following
				of its intent to do so:
(1) The state senator
				and state representative in whose district the PIE certification program
				covered by the contract is or will be located;
(2) The executive heads of the Texas American
				Federation of Labor and Congress of Industrial Organizations, the Texas
				Association of Manufacturers, the National Federation of Independent
				Business/Texas, the Texas Association of Business, and the Texas Association of
				Workforce Boards; and
(3) The
				Chamber of Commerce in any municipality or county in which the PIE
				certification program covered by the contract is or will be located.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.6 - Workers' Compensation for Prison Industries Enhancement Certification Programs

Current through Reg. 49, No. 28; July 12, 2024
All private industries shall provide proof of workers'
				  compensation insurance or its equivalent to the Texas Board of Criminal Justice
				  in the proposal submitted pursuant to 37 Texas Administrative Code §
									154.7
				  and at the time of each renewal period.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.7 - Designation of Cost Accounting Centers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Any private industry interested in establishing a cost accounting center (CAC)
				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 a written proposal to the Texas Board
				of Criminal Justice (TBCJ), P.O. Box 13084, Austin, TX 78711.
(b) The proposal shall include the following
				information:
(1) A summary of the product to
				be manufactured or the service to be provided;
(2) The number of participants to be employed
				and the number of other employees who will be employed on site;
(3) Specific job descriptions;
(4) Documentation of the prevailing wage for
				similar work performed in the locality in which the private industry will be
				operated and the wage program participants will be paid in accordance with 37
				Texas Administrative Code §
										154.4;
(5) Evidence of workers' compensation
				coverage or equivalent private insurance;
(6) Documentation reflecting that the notice
				required in 37 Texas Administrative Code §
										154.5 has
				been provided ;
(7) Certification
				that the private industry is eligible to receive state funds, a grant, or loan
				under Texas Family Code §
										231.006;
(8) Documentation of compliance with the
National Environmental Policy Act,
if applicable, in the form
				required by those regulations, or an application for categorical
				exclusion;
(9) Financial statements
				to provide proof of financial stability; and
(10) Any other information required by the
				TDCJ, TJJD, or the operator of the county correctional facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.8 - Limitations on Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Only the Texas
				Board of Criminal Justice (TBCJ) is authorized to approve contracts and
				renewals or substantive modifications of contracts with an employer for a
				Prison Industries Enhancement (PIE) certification program. Contracts and
				renewals or substantive modifications of contracts shall be presented at a
				regularly scheduled meeting of the TBCJ for discussion, consideration, and
				possible action provided that the governmental entity may extend a contract for
				up to a six-month period without TBCJ approval.
(b) For each cost accounting center (CAC)
				designated after June 19, 2009, the Texas Department of Criminal Justice
				(TDCJ), the Texas Juvenile Justice Department (TJJD), or a county correctional
				facility may not enter into a contract or renew a contract with a private
				industry for a PIE certification program if the TBCJ determines that the
				contract has negatively affected, or would negatively affect, any employer in
				this state, including the loss of existing jobs provided by the employer to
				employees in this state who are not incarcerated or imprisoned. The contract
				shall:
(1) Include specific job descriptions
				for any work that will be performed by participants under the
				contract;
(2) Include a specific
				description, in plain language and in an easily readable and understandable
				format, of any product that will be manufactured or service that will be
				provided under this contract; and
(3) Charge a private sector prison industry
				employer or other participating entity the fair market value for the lease of
				any property owned by the TDCJ, TJJD, or the county and leased to the private
				sector industry employer or entity under the contract.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.9 - Distribution of Wages of Offenders Participating in the Prison Industries Enhancement Certification Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Each cost accounting center (CAC) shall collect and disburse earned wages
				according to federal and state law, federal guidelines, the contract, and this
				rule.
(b) The CAC shall disburse 80
				percent of the participant's gross wages according to the following schedule of
				priorities for the Texas Department of Criminal Justice (TDCJ) and county
				correctional facility participants:
(1)
				Applicable taxes;
(2) Twenty
				percent for family support of legal dependents or to the Office of the Attorney
				General (OAG) Child Support Division as payment toward a child support court
				order;
(3) Ten percent for
				restitution;
(4) Ten percent to the
				OAG Crime Victims' Compensation Fund; and
(5) The remaining percentage to room and
				board unless the participant has an outstanding child support obligation, in
				which case the percentage shall be applied to any outstanding child support
				obligation until such balance is paid in full.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.10 - Cost Accounting Centers Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Each cost accounting center (CAC) shall
				develop policies and procedures for the operation of its private industry in
				compliance with state and federal guidelines and law. The Texas Department of
				Criminal Justice (TDCJ) shall provide each CAC a copy of the board rules and
				federal guidelines governing the Private Sector Prison Industries Programs, and
				shall provide technical assistance upon request.
(b) Each CAC shall submit the policies and
				procedures to the TDCJ for review and approval. Such procedures shall include a
				grievance procedure, which shall be posted at the location where the CAC
				operates.
(c) The TDCJ shall review
				and approve the submitted policies and procedures ensuring compliance with
				state and federal guidelines, law, and board rules.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.11 - Program Compliance

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Criminal Justice, Texas Juvenile
				  Justice Department, and the operator of a county correctional facility shall
				  develop policies and procedures and an audit plan to monitor each cost
				  accounting center (CAC) under its respective jurisdiction for compliance with
				  state and federal law, guidelines, and rules adopted by the Texas Board of
				  Criminal Justice (TBCJ). Audits shall be conducted annually.
(1) Compliance monitoring reports, including
				a proposed plan of corrective action for areas of noncompliance, shall be
				submitted to the TBCJ.
(2)
				Significant or continuing noncompliance may result in termination of the
				contract with the CAC.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 154 - PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS › Section 154.12 - Complaint Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				complaints concerning the Private Sector Prison Industries Programs shall be
				submitted to the Texas Board of Criminal Justice (TBCJ), P.O. Box 13084,
				Austin, Texas 78711.
(b) Upon
				receipt of the complaint, TBCJ staff shall send a letter acknowledging receipt
				of the complaint and a copy of this rule to the complainant, the governmental
				entity, the cost accounting center (CAC), and each person who is a subject of
				the complaint.
(c) TBCJ staff shall
				refer the complaint to the Texas Department of Criminal Justice (TDCJ) for
				review and investigation. TBCJ staff shall maintain a file on each written
				complaint that contains the following information:
(1) The name of the person who filed the
				complaint;
(2) The date the
				complaint was received by the TBCJ;
(3) The subject matter or nature of the
				complaint;
(4) The name of each
				person contacted in relation to the complaint;
(5) A summary of the results of the review or
				investigation of the complaint; and
(6) An explanation of the reason the file was
				closed, if the TBCJ closed the file without taking action other than to
				investigate the complaint.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 155 - REPORTS AND INFORMATION GATHERING › Subchapter B - SITE SELECTION AND FACILITY NAMES › Section 155.21 - Naming of a Texas Department of Criminal Justice Owned Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				  establish procedures for the naming of a facility owned by the Texas Department
				  of Criminal Justice (TDCJ). These naming procedures do not apply to a facility
				  that is not owned by the TDCJ.
(b)
				  Definition. "Facility" is a unit, building, individual room, or portion of a
				  unit or building owned by the TDCJ.
(c) Policy. It is the policy of the Texas
				  Board of Criminal Justice (TBCJ) to name a facility based upon its geographical
				  location, its function, or to recognize an individual who has contributed to
				  the process of criminal justice in the state of Texas. Suggestions for the
				  naming of a facility may be submitted by the public. However, the TBCJ
				  specifically reserves the right to accept, refuse, or choose a name other than
				  those names submitted by the public for consideration.
(d) Procedures.
(1) Suggestions for the naming of a facility
				  owned by the TDCJ shall be submitted to the TBCJ office at P.O. Box 13084,
				  Austin, Texas 78711. To be considered, each submitted suggestion shall include
				  the following:
(A) Location of the facility
				  to be named;
(B) Proposed name for
				  the facility;
(C) Biographical
				  sketch of the person if the proposed name is in recognition of a specific
				  individual;
(D) Synopsis of the
				  reasons, achievements, incidents, and other justification that form the basis
				  for the recommendation; and
(E) If
				  the suggested name is in recognition of a specific individual, written approval
				  from the individual or, if the individual is deceased, the individual's
				  next-of-kin.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 155 - REPORTS AND INFORMATION GATHERING › Subchapter B - SITE SELECTION AND FACILITY NAMES › Section 155.23 - Site Selection Process for the Location of Additional Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes procedures
				  for determining the location of new Texas Department of Criminal Justice (TDCJ)
				  facilities in a manner that is fair and open, cost-effective for construction
				  and operations, and sensitive to the ultimate mission of the facilities sited.
				  Determining the location of a new facility designed to house offenders is a
				  multi-factor process that assesses cost-effectiveness, logistical support
				  requirements, operational concerns, and legal mandates.
(b) Definitions. The following words and
				  terms, when used in this rule, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Facility is a substantially self-contained, permanently constructed
				  correctional facility for housing offenders. This includes prison units, state
				  jails, transfer facilities, and substance abuse felony punishment (SAFP)
				  facilities, but does not include community corrections facilities, as defined
				  by Texas Government Code §
											509.001, or parole
				  facilities defined in Texas Government Code §§
											508.118,
				  508.119,
				  or
				  508.320.
(2) Prison unit includes a private prison
				  under Texas Government Code Chapter 495, Subchapter A (Contracts with Private
				  Vendors and Commissioners Courts), a psychiatric unit, and a unit whose
				  capacity is determined by Texas Government Code Chapter 499, Subchapters B
				  (Population Management) and E (Unit and System Capacity).
(3) SAFP facility is a substance abuse felony
				  punishment facility authorized by Texas Government Code §
											493.009.
(4) State jail is a state jail felony
				  facility authorized by Texas Government Code Chapter 507.
(5) Transfer facility is a facility
				  authorized by Texas Government Code Chapter 499, Subchapter G (Transfer
				  Facilities).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 155 - REPORTS AND INFORMATION GATHERING › Subchapter C - PROCEDURES FOR RESOLVING CONTRACT CLAIMS AND DISPUTES › Section 155.31 - Establishing Procedures for Resolving Contract Claims and Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section is intended to
				  serve as a guideline for the negotiation and mediation of a breach of contract
				  claim asserted by a contractor against the Texas Department of Criminal Justice
				  (TDCJ) under Texas Government Code Chapter 2260. This section is binding upon
				  the TDCJ and is not intended to replace the TDCJ procedures relating to a
				  breach of contract claim that is mandated by state or federal law, but is
				  intended to provide procedures when none are so mandated.
(b) Policy. It is the policy of the Texas
				  Board of Criminal Justice (TBCJ) and the TDCJ to resolve a breach of contract
				  claim as efficiently and as expeditiously as possible, consistent with prudent
				  stewardship of the state of Texas assets.
(c) Applicability. This section does not
				  apply to an action of a unit of state government for which a contractor is
				  entitled to a specific remedy pursuant to state or federal constitution or
				  statute.
(1) This section does not apply to a
				  contract action proposed or taken by a unit of state government for which a
				  contractor receiving Medicaid funds under that contract is entitled by state
				  statute or rule to a hearing conducted in accordance with Texas Government Code
				  Chapter 2001.
(2) This section does
				  not apply to contracts:
(A) between a unit of
				  state government and the federal government or its agencies, another state, or
				  another nation;
(B) between two or
				  more units of state government;
(C)
				  between a unit of state government and a local governmental body, or a
				  political subdivision of another state;
(D) between a subcontractor and a
				  contractor;
(E) subject to Texas
				  Transportation Code §
												201.112;
(F) within the exclusive jurisdiction of
				  state or local regulatory bodies;
(G) within the exclusive jurisdiction of
				  federal courts or regulatory bodies; or
(H) that are solely and entirely funded by
				  federal grant monies other than for a project defined in subsection (d)(9) of
				  this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 155 - REPORTS AND INFORMATION GATHERING › Subchapter D - VENDOR PROTEST PROCEDURES › Section 155.41 - Procedures for Resolving Vendor Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				  provide a protest procedure to be used by an actual or prospective bidder,
				  offeror, or contractor who is aggrieved in connection with the solicitation,
				  evaluation, or award of a contract by the Texas Department of Criminal Justice
				  (TDCJ).
(b) Definitions. The words
				  and terms used in this rule shall have the following meanings unless the
				  context clearly indicates otherwise:
(1)
				  "Interested Parties" are all vendors who have submitted bids, proposals, or
				  other expressions of interest for the provision of goods or services pursuant
				  to a contract with the TDCJ.
(2)
				  "Protesting Party" is any actual or prospective bidder, offeror, or contractor
				  who claims to be aggrieved in connection with the solicitation, evaluation, or
				  award of a contract by the TDCJ.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 156 - INVESTIGATIONS › Section 156.1 - Investigations of Allegations of Abuse, Neglect, or Exploitation of an Elderly or Disabled Offender

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Criminal Justice (TDCJ) shall
				  investigate all allegations of abuse, neglect, or exploitation of an elderly or
				  disabled offender received from the Texas Department of Family and Protective
				  Services in accordance with ED-02.03, Ombudsman Program," ED-03.03, "Safe
				  Prisons/PREA Program," and AD-16.20, "Reporting Incidents/Crimes to the Office
				  of the Inspector General."
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 159 - SPECIAL PROGRAMS › Section 159.1 - Substance Abuse Felony Punishment Facilities Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Offenders with a United States
				Immigration and Customs Enforcement detainer are not eligible to participate.
				Offenders with a felony detainer are not eligible to participate unless the
				jurisdiction that placed the detainer agrees not to seek custody of the
				offender until after the program and continuum of care requirements have been
				completed. Exceptions may be made on a case-by-case basis. Offenders sentenced
				to a prison term and ordered to participate in a substance abuse felony
				punishment facility (SAFPF) program as a condition of community supervision
				shall be transferred to a SAFPF six to nine months prior to their projected
				release date on the sentence.
(b)
				Offenders shall be physically and mentally capable of uninterrupted
				participation in a rigorous, stressful, and confrontational therapeutic
				community program. Offenders with special medical or behavioral health needs
				shall meet the eligibility criteria for a Special Needs SAFPF as defined in
				both the Community Justice Assistance Division's (CJAD's)
CJAD/SAFPF
				Procedure Manual
and the
Substance Abuse Treatment Operations
				Manual.
(c) Offenders who
				have signs or symptoms of acute drug or alcohol withdrawal or who require
				detoxification are not eligible to participate until they have
				detoxified.
(d) Pretrial detainees
				are eligible to participate if ordered to do so pursuant to a drug court
				program established under Texas Government Code §§ 123.001 - 123.009
				or a similar program. A pretrial detainee is not eligible to participate in a
				SAFPF program unless the detainee has been unsuccessfully discharged from an
				outpatient substance abuse treatment program and a residential substance abuse
				treatment facility, if available, as a condition of a pretrial order for the
				charges that are currently pending.
(e) Offenders convicted of offenses for which
				sex offender registration is required are not eligible to
				participate.
(f) Offenders under
				the age of 18 are not eligible to participate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 159 - SPECIAL PROGRAMS › Section 159.9 - Firearms Proficiency Training for Supervision Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Criminal Justice
				(TDCJ) adopts a memorandum of understanding (MOU) with the Texas Commission on
				Law Enforcement (TCOLE). The MOU establishes the responsibilities between the
				two agencies in developing a basic training program in the use of firearms by
				community supervision officers and parole officers. Section
				163.34 of
				this title (relating to the Carrying of Weapons) governs the use of firearms
				for community supervision officers.
(b) The MOU is required by Texas Occupations
				Code §
									1701.257.
Attached
				  Graphic
(c) A
				copy of the MOU is filed with the TDCJ Parole Division, 8610 Shoal Creek,
				Austin, Texas 78758.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 159 - SPECIAL PROGRAMS › Section 159.13 - Educational Services to Released Offenders/Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Criminal Justice
				(TDCJ) adopts a memorandum of understanding with the Texas Education Agency
				(TEA) concerning the respective responsibilities of the TDCJ and the TEA in
				implementing a continuing educational program to increase the literacy of
				releasees.
(b) The memorandum of
				understanding is required by the Texas Government Code §
									508.318.
(c) Copies of the memorandum of understanding
				are filed with the TEA, 1701 North Congress Avenue, Austin, Texas 78701 and
				with the TDCJ Parole Division, 8610 Shoal Creek Blvd., Austin, Texas 78758 and
				may be reviewed during regular business hours.
Attached
				  Graphic
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 159 - SPECIAL PROGRAMS › Section 159.15 - GO KIDS Initiative

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Department of Criminal Justice (TDCJ) Giving Offenders' Kids Incentive and
				Direction to Succeed (GO KIDS) initiative identifies programs within the TDCJ
				and resources at local, state, and national levels to help the children of
				those persons under criminal justice supervision in Texas.
(b) A directory identifying these programs
				and resources is available on the TDCJ website (
www.TDCJ.texas.gov
) in the "inmate
				information" section. In addition, direct links to selected GO KIDS
				collaborators are included.
(c) A
				TDCJ GO KIDS coordinator is available to answer inquiries on the initiative.
				Inquiries should be addressed to the GO KIDS coordinator, TDCJ Rehabilitation
				Programs Division, P.O. Box 99, Huntsville, Texas 77342-0099.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 159 - SPECIAL PROGRAMS › Section 159.19 - Continuity of Care and Services Program for Offenders who are Elderly , Terminally Ill, Significantly Ill or with a Physical Disability or Having a Mental Illness

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Department of Criminal Justice (TDCJ) adopts the following memorandum of
				understanding (MOU) with the Texas Health and Human Services Commission (HHSC)
				and the Texas Department of State Health Services (DSHS) concerning a
				continuity of care and services program for offenders who are elderly,
				terminally ill, significantly ill or with a physical disability or having a
				mental illness.
Attached
				  Graphic
(b)
				This MOU is required by the Texas Health and Safety Code §§
									614.013
				-
				614.015.
(c) Copies of the MOU are filed in the Texas
				Correctional Office on Offenders with Medical or Mental Impairments, 4616 W.
				Howard Lane, Suite 200, Austin, Texas 78728 and may be reviewed during regular
				business hours.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 159 - SPECIAL PROGRAMS › Section 159.21 - Continuity of Care and Service Program for Offenders who are Persons with Mental Impairments, Physical Disabilities, Terminal or Significant Illnesses, or who are Elderly

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Department of Criminal Justice (TDCJ), through the Texas Correctional Office on
				Offenders with Medical or Mental Impairments (TCOOMMI), adopts the following
				memorandum of understanding (MOU) with the Texas Commission on Law Enforcement
				(TCOLE), the Texas Commission on Jail Standards (TCJS), and the Texas
				Department of Public Safety of the State of Texas (DPS) concerning a continuity
				of care and service program for offenders who are persons with mental
				impairments, physical disabilities, terminal or significant illnesses, or who
				are elderly.
Attached
				  Graphic
(b) The
				MOU is required by the Texas Health and Safety Code, §
									614.016.
(c) Copies of the MOU are filed in the Texas
				Correctional Office on Offenders with Medical or Mental Impairments, 4616 W.
				Howard Lane, Suite 200, Austin, Texas 78728 and may be reviewed during regular
				business hours.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 161 - COMMUNITY JUSTICE ASSISTANCE DIVISION ADMINISTRATION › Section 161.21 - Role of the Judicial Advisory Council

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The Texas Board of Criminal
				Justice (TBCJ) acknowledges the judiciary's valuable and critical role in the
				growth, development, and implementation of community corrections policies and
				programs in Texas. In accordance with Texas Government Code §
									493.003(b),
				the Judicial Advisory Council (JAC) is intended to provide a structure for
				fulfilling that role.
(b) The
				function of the JAC is to advise the TBCJ and the Texas Department of Criminal
				Justice (TDCJ) Community Justice Assistance Division ( CJAD) director on
				matters of interest to the judiciary. To accomplish this purpose, the JAC
				shall:
(1) act as an information exchange and
				provide expert advice to the TBCJ and the TDCJ CJAD director;
(2) be given an opportunity to report to the
				TBCJ at each regularly scheduled meeting on matters of interest to the
				judiciary, including any item related to the operation of the community justice
				system determined by the JAC chairperson to require the TBCJ's
				consideration;
(3) review requests
				for funding of community corrections programs and projects received by the TDCJ
				CJAD, and make recommendations to the TDCJ CJAD director on the funding of
				reviewed requests, subject to review, ratification, and final approval by the
				TBCJ, if such approval is required by TBCJ policy; and
(4) review proposed changes to the TDCJ CJAD
				standards and make recommendations to the TDCJ CJAD director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.3 - Objectives

Current through Reg. 49, No. 28; July 12, 2024
The objectives of the Texas Department of Criminal Justice
				  Community Justice Assistance Division (TDCJ CJAD) standards are to:
(1) make community supervision and
				corrections available to every judicial district in Texas;
(2) continue community supervision and
				corrections as a viable criminal justice sanction;
(3) assist each community supervision and
				corrections department (CSCD) in providing protection to the community and
				rehabilitation services for the offender;
(4) provide technical assistance in the
				establishment, improvement, and expansion of community-based
				programs;
(5) coordinate
				information and services available from federal, state, and local
				resources;
(6) establish minimum
				uniform community supervision and corrections administration
				standards;
(7) establish a
				statewide statistical information service;
(8) enhance the professional knowledge and
				skills of CSCD personnel by providing statewide and regional education and
				training, and by providing assistance for in-service training with the
				departments;
(9) establish an
				ongoing assessment and evaluation of community supervision and community-based
				correctional methods and systems; and
(10) establish regionally based programs
				serving two or more jurisdictions where such programs address similar offender
				profiles.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.5 - Waiver to Standards

Current through Reg. 49, No. 28; July 12, 2024
A Community Supervision and Corrections Department (CSCD) or
				  other state-aid recipient may request a waiver to a standard or standards from
				  the Texas Department of Criminal Justice Community Justice Assistance Division
				  (TDCJ CJAD) director. The TDCJ CJAD director may grant a waiver upon receipt,
				  examination, and approval of the waiver request. The request for waiver shall
				  include a plan to comply with the standard or standards by a certain date and
				  an explanation why the CSCD is not currently in compliance with the standard or
				  standards. When a determination is made that the CSCD is not in compliance with
				  a standard or standards, the CSCD director shall immediately submit a written
				  request for a waiver of the standard or standards to the TDCJ CJAD director. If
				  the waiver is approved by the TDCJ CJAD director, the waiver shall become part
				  of the audit record for compliance with that standard or
				  standards.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.21 - Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Appointment and Responsibilities of a
				Community Supervision and Corrections Department (CSCD) Director.
(1) When there is a vacancy in the position
				of CSCD director, the judge or judges as described by Texas Government Code
				§
										76.002
				shall:
(A) Publicly advertise the
				position;
(B) Post a job
				description, the qualifications for the position, and the application
				requirements;
(C) Conduct a
				competitive hiring process and adhere to state and federal equal employment
				opportunity laws; and
(D) Review
				applicants who meet the posted qualifications and comply with the application
				requirements.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.25 - Strategic Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Strategic Plan.
				The Community Justice Assistance Division (CJAD) shall require as a condition
				of payment of state aid to a community supervision and corrections department
				(CSCD) under Texas Government Code §
									509.011 that
				a strategic plan be submitted for the CSCD. The CSCD shall submit a strategic
				plan as required by Texas Government Code §
									509.007. A CSCD
				may not submit a strategic plan under this rule unless the strategic plan is
				first approved by the judges described by Texas Government Code §
									76.002,
				who established the CSCD. The CSCD shall submit a revised strategic plan to the
				CJAD each even-numbered year, no later than March 1. A strategic plan may be
				amended at any time with the approval of the CJAD.
(b) The strategic plan shall include:
(1) a statement of goals, priorities, and
				commitment by the CSCD and the judges to achieve a targeted level of
				alternative sanctions;
(2) a
				description of methods for measuring the success of programs provided by the
				CSCD or provided by an entity served by the CSCD;
(3) a summary of the programs and services
				the CSCD provides or intends to provide, including a separate summary of any
				services the CSCD intends to provide in relation to a specialty court program;
				and any programs or other services the CSCD intends to provide to enhance
				public safety, reduce recidivism, strengthen the investigation and prosecution
				of criminal offenses, improve programs and services available to victims of
				crime, and increase the amount of restitution collected from persons supervised
				by the CSCD; and
(4) an outline of
				the CSCD's projected programmatic and budgetary needs, based on the programs
				and services the CSCD both provides and intends to provide.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.31 - Sanctions, Programs, and Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Core Services.
(1) Court Services. Each
				community supervision and corrections department (CSCD) shall:
(A) conduct pre/post-sentence investigations
				as ordered by the court and in accordance with law;
(B) report violations to the court;
(C) provide testimony as custodian of the
				record;
(D) conduct assessments and
				complete reports mandated by law;
(E) make recommendations to the court
				regarding conditions of supervision; and
(F) maintain case files.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.33 - Community Supervision Staff

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose.
(1) The purpose of this Community
				Justice Assistance Division (CJAD) rule is to set forth the eligibility,
				professional training, certification, and record-keeping requirements for
				Community Supervision and Corrections Departments' (CSCDs) professional staff,
				direct care staff, and contract staff.
(2) Once the CJAD has certified a community
				supervision officer (CSO) or residential CSO in accordance with this rule, the
				CSO or residential CSO will maintain certification and eligibility for
				certification provided they are in compliance with training hour requirements
				and are employed by a CSCD.
(3)
				CSCDs, CSOs , residential CSOs, direct care staff, and contract staff members
				who work at CSCDs, Substance Abuse Felony Punishment Facilities (SAFPFs), CSCD
				residential facilities, or Community Correction Facilities (CCFs) must comply
				with this rule.
(4) This rule
				specifies the certification and training requirements for professional staff
				and direct care staff based on their status as a new employee, an employee with
				less than four years of experience, an employee with more than four years of
				experience, a returning employee, or an employee who is exempt from certain
				certification requirements based upon their years of on-the-job
				experience.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.34 - Carrying of Weapons

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				with Texas Government Code §
									76.0051,
				a community supervision officer (CSO) is authorized to carry a handgun or other
				firearm while engaged in the actual discharge of the officer's duties if:
(1) The CSO possesses a current certificate
				of firearms proficiency issued by the Texas Commission on Law Enforcement
				Officer Standards and Education (TCLEOSE); and
(2) The community supervision and corrections
				department (CSCD) director grants the authorization.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.35 - Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				terms, when used in this rule , shall be defined as follows and apply to both
				felonies and misdemeanors, unless the context clearly indicates otherwise.
(1) Absconder refers to a person who is known
				to have left the jurisdiction without authorization or who has not had
				face-to-face contact with their community supervision officer (CSO) within
				three months , and either:
(A) has an active
				Motion to Revoke (MTR) or Motion to Adjudicate filed and an unserved capias for
				his or her arrest; or
(B) has been
				arrested on a MTR or Motion to Adjudicate, released from custody on bond, own
				recognizance, or conditional judicial agreement, but failed to appear for the
				MTR or the Motion to Adjudicate hearing and a bond forfeiture warrant has been
				issued by the court.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.36 - Supervision of Offenders with Mental Impairment

Current through Reg. 49, No. 28; July 12, 2024
(a) Offender with mental impairment means an
				offender with an illness, disease, or condition, other than epilepsy, dementia,
				substance abuse, or intellectual disability, that either substantially impairs
				a person's thoughts, perception of reality, emotional process, or judgement, or
				grossly impairs a person's behaviors as demonstrated by recent disturbed
				behavior.
(b) Community supervision
				and corrections department directors shall develop and implement policies and
				procedures for the effective supervision of offenders with mental impairment.
				Policies and procedures shall address at least the following and any other
				requirements imposed by special grant conditions:
(1) contact standards;
(2) treatment referral process within and
				outside of jurisdiction;
(3)
				coordination of services with treatment providers;
(4) treatment participation
				requirements;
(5) recommendations
				for modified conditions of supervision based on an offender's progress, risk
				factors, or ability to comply;
(6)
				caseload size; and
(7) violation
				procedures.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.37 - Reports and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Case Records.
				Each community supervision and corrections department (CSCD) director shall
				develop and maintain a case record management system for offenders supervised
				by the CSCD. Each case record shall contain:
(1) the court order placing the person on
				community supervision citing all conditions of community supervision;
(2) a chronological listing of all
				supervision case activity, decisions, services rendered, and
				assessments;
(3) a criminal history
				record or summary issued by a law enforcement agency;
(4) periodic evaluations;
(5) if required, a pre-sentence investigation
				report (PSIR) or post-sentence investigation report; and
(6) other documents or information related to
				the defendant deemed appropriate by the community supervision officer or CSCD
				director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.38 - Sex Offender Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Definitions.
(1) Jurisdictional Authority is
				a sentencing court, the Board of Pardons and Paroles (BPP), or a division of
				the Texas Department of Criminal Justice as applicable to the
				offender.
(2) Sex Crime is a
				reportable offense under Texas Code of Criminal Procedure Article 62.001(5) or
				an offense identified as a sexual offense by the Texas Penal Code laws of the
				United States, another state, another country, or the Uniform Code of Military
				Justice.
(3) Sex Offender is an
				offender who:
(A) is convicted of committing
				or adjudicated to have committed a sex crime;
(B) is awarded deferred adjudication for a
				sex crime; or
(C) has been ordered
				by the jurisdictional authority to participate in sex offender supervision or
				treatment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.39 - Residential Services

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				Administration.
(1) Purpose. Residential
				facilities and contract residential beds funded by the Texas Department of
				Criminal Justice Community Justice Assistance Division (TDCJ CJAD) shall
				provide the courts with a sentencing alternative for the purpose of:
(A) Providing residential placement of
				offenders on community supervision and others who are eligible in accordance
				with statutes;
(B) Providing
				sanctions, services, and programs to modify criminal behavior, deter criminal
				activity, protect the public, restore victims of crime, and provide offenders
				with resources to lead productive lives;
(C) Strengthening and expanding the options
				available to judges to impose alternatives other than imprisonment for
				offenders; and
(D) Reducing the
				offender's likelihood of a technical violation or subsequent arrest, and
				recidivism.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.41 - Medical and Psychological Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome
				(AIDS) Policies. Community Supervision and Corrections Department (CSCD)
				directors shall develop and implement policies relevant to HIV and AIDS in
				accordance with guidelines established by the Texas Department of State Health
				Services and adopted by the Texas Department of Criminal Justice Community
				Justice Assistance Division (TDCJ CJAD). These policies shall be incorporated
				in the CSCD's administrative manuals and shall include, at a minimum, the
				following:
(1) education and
				training;
(2)
				confidentiality;
(3) workplace
				guidelines; and
(4) supervision of
				individuals with HIV or AIDS infection.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.42 - Substantial Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition.
				Substantial noncompliance with the Texas Department of Criminal Justice
				Community Justice Assistance Division (TDCJ CJAD) standards, for purposes of
				Texas Government Code §
									509.012,
				is defined as:
(1) intentional diversion,
				theft, or misapplication of TDCJ CJAD funding or grants for purposes other than
				the state funding award or allocation;
(2) violations of laws, regulations, or
				official manuals specific to the operations of the community supervision and
				corrections departments (CSCDs);
(3) intentional refusal to implement a TDCJ
				CJAD approved action plan that is a result of audits, reviews, or
				inspections;
(4) for purposes of
				qualifying for state aid under 37 Texas Administrative Code §
										163.43(a)(1)(F),
				relating to Funding and Financial Management, failure to hold the meeting to
				finalize the CSCD budget as required by Texas Local Government Code §
										140.004;
				and
(5) interference, obstruction,
				or hindrance with any efforts by the Texas Comptroller of Public Accounts,
				county auditor of the county that manages the CSCD's funds, TDCJ CJAD, TDCJ
				Internal Audit Division, Legislative Budget Board, Texas State Auditor's
				Office, or Texas Sunset Advisory Commission to examine or audit the records,
				transactions, and performance of the CSCD or facilities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.43 - Funding and Financial Management

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Funding.
(1) Qualifying for Texas Department
				of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) Formula
				and Grant Funding. Community supervision and corrections departments (CSCDs or
				departments) qualify for TDCJ CJAD state aid by:
(A) Being in substantial compliance with TDCJ
				CJAD standards;
(B) Having a
				community justice council that serves the jurisdiction as required by
				law;
(C) Having a TDCJ CJAD
				approved community justice plan with related budgets;
(D) Having a director, appointed as described
				in Texas Government Code §
											76.004,
				to administer all CSCD funds;
(E)
				Having a fiscal officer appointed by the district judge(s) manage the CSCD as
				set forth in subsection (b) of this rule; and
(F) Complying with the
Open Meetings
				Act,
Texas Government Code Chapter 551 when meeting to finalize the
				CSCD budget as required by Texas Local Government Code §
											140.004.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.45 - Distribution of Community Corrections Funding

Current through Reg. 49, No. 28; July 12, 2024
Community corrections funding shall be distributed in
				  accordance with applicable law and Texas Department of Criminal Justice rules
				  and policy.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.46 - Allocation Formula for Community Corrections Program

Current through Reg. 49, No. 28; July 12, 2024
Assuming sufficient appropriations, no community supervision
				  and corrections department (CSCD) may incur a funding decrease of more than
				  5.0% from the previous fiscal year for community corrections program funding.
				  An upper change limit shall be determined based upon available funding and the
				  size and number of CSCDs that reach the loss limit. If appropriations are
				  insufficient so that the 5.0% loss limit must be increased, all CSCD
				  allocations shall be reduced proportionately from the previous year's
				  allocations.