reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - FORENSIC ANALYST LICENSING PROGRAM › Section 651.214 - Examination on Religious Holy Day; Other Examination Accommodations

Current through Reg. 49, No. 28; July 12, 2024
(a) Reasonable Accommodations. The Commission
				  and laboratories administering the general forensic examination shall
				  administer the examination to all eligible applicants in a reasonable manner,
				  while maintaining the integrity of the examination. In each location where the
				  examination is administered, either the Commission or the laboratory
				  administering the examination must ensure the facilities are reasonably
				  accessible and enable persons having disabilities to take the
				  examination.
(b) Applicants
				  Requiring Special Testing Accommodations. Any applicant who desires special
				  testing accommodations based upon a disability shall submit a written request
				  to the Commission on the Commission's designated Special Accommodations Request
				  Form at the same time the applicant submits his/her application for a Forensic
				  Analyst License.
(1) Requests for special
				  testing accommodations must be accompanied by written proof evidencing the
				  existence of the disability, including a statement from a licensed physician or
				  a professional specialist that specifically sets forth the physical, mental or
				  emotional handicap or disability and the relationship between the disability
				  and the inability to take the examination under standard conditions.
(2) The Commission may require additional
				  information or evidence from the applicant and may, at its option, seek
				  professional evaluation of such data.
(3) The applicant will be responsible for the
				  cost of obtaining documented medical evidence and other required
				  information.
(4) After considering
				  the written request of the applicant and the evidence submitted, the Commission
				  shall determine what reasonable special testing accommodations will be
				  granted.
(5) Commission
				  deliberations and determinations regarding the request of an applicant for
				  testing accommodations on an examination shall be closed to the public and
				  associated records are confidential. However, this does not limit the
				  Commission's option under paragraph (2) of this subsection to seek professional
				  evaluation of documented medical evidence and other required
				  information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - FORENSIC ANALYST LICENSING PROGRAM › Section 651.215 - Licensing Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall establish an advisory committee to
					 advise the Commission and make recommendations on matters related to the
					 licensing of forensic analysts as set forth in Article
					 38.01,
					 Code of Criminal Procedure.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - FORENSIC ANALYST LICENSING PROGRAM › Section 651.216 - Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Professional
				  Misconduct Finding. On a determination by the Commission that a license holder
				  or applicant for a license has committed professional misconduct in accordance
				  with the definition provided in §
										651.202 of this subchapter
				  (relating to Definitions) and under Article
				  38.01,
				  Code of Criminal Procedure or violated Article
				  38.01,
				  Code of Criminal Procedure, or a rule or order of the Commission, the
				  Commission may:
(1) revoke or suspend the
				  person's license;
(2) refuse to
				  renew the person's license;
(3)
				  reprimand the license holder; or
(4) deny the person a
				  license.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - FORENSIC ANALYST LICENSING PROGRAM › Section 651.217 - Ineligibility for License Based on Criminal Conviction

Current through Reg. 49, No. 28; July 12, 2024
(a) A proceeding before the Commission to
				  establish factors required to be considered under this section is governed by
				  Chapter 53, Government Code. Any appeals proceeding in response to disciplinary
				  action taken by the Commission in the form of license denial, revocation,
				  suspension or other action taken by the Commission under this subsection is
				  governed by Article 38.01 §4-c, Code of Criminal Procedure.
(b) Guidelines for consideration of criminal
				  convictions. If an applicant has a criminal conviction above a Class C
				  misdemeanor, the applicant may not be qualified to hold a forensic analyst
				  license.
(1) Convictions that may trigger a
				  denial. Subject to paragraph (7) of this subsection, the Commission may suspend
				  or revoke a forensic analyst license, disqualify a person from receiving a
				  license, refuse to renew a person's license, or deny to a person the
				  opportunity to take the general forensic licensing examination on the grounds
				  the person has been convicted of:
(A) an
				  offense that directly relates to the duties and responsibilities associated
				  with an analyst's license;
(B) an
				  offense listed in Article
				  42A.054,
				  Code of Criminal Procedure; or
(C)
				  a sexually violent offense as defined by Article
				  62.001, Code of
				  Criminal Procedure.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - FORENSIC ANALYST LICENSING PROGRAM › Section 651.218 - Preliminary Evaluation of License Eligibility Based on Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for Criminal History Evaluation
				  Letter. A person may request the Commission issue a criminal history evaluation
				  letter regarding the person's eligibility for a license if the person:
(1) is enrolled or planning to enroll in an
				  educational program that prepares a person for an initial license or is
				  planning to take the examination for an initial license; and
(2) has reason to believe he or she is
				  ineligible for the license due to a conviction or deferred adjudication for a
				  felony or misdemeanor offense.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - FORENSIC ANALYST LICENSING PROGRAM › Section 651.221 - Laboratory License for Purpose of Ensuring Availability of Uncommon Forensic Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. A
				  laboratory may apply to the Commission for a license under this section on a
				  form provided by the Commission. The Commission's Licensing Advisory Committee,
				  and/or the Commission Director or Designee shall review each application and
				  make a determination regarding whether to grant a laboratory license under this
				  section where the laboratory demonstrates a Texas customer requests a type of
				  forensic analysis that is not widely available in accredited forensic
				  laboratories.
(b) Uncommon
				  Forensic Analysis License for Individual Analysts and Technicians. All forensic
				  analysts and technicians employed by a laboratory determined by the
				  Commission's Licensing Advisory Committee, and/or the Commission Director or
				  Designee to meet the criteria for a license under this section shall be
				  licensed upon fulfillment of the following requirements of the licensed
				  laboratory:
(1) submit to Commission staff a
				  list of the names of each individual analyst or technician to be licensed
				  indicating the forensic discipline(s) for which each analyst or technician is
				  qualified to perform independent casework; and
(2) certify on a form provided by the
				  Commission that each individual named:
(A) has
				  read and understands the Code of Professional Responsibility in this
				  subchapter;
(B) has completed all
				  training materials related to
Brady v. Maryland
discovery
				  obligations and the Michael Morton Act (Code of Criminal Procedure, Article
				  39.14) as provided by the Commission; and
(C) has participated in the Mandatory Legal
				  and Professional Responsibility Training described in 651.208(e)(1) - (2) of
				  this subchapter (relating to Forensic Analyst and Forensic Technician License
				  Renewal).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - FORENSIC ANALYST LICENSING PROGRAM › Section 651.222 - Voluntary Forensic Analyst Licensing Requirements Including Eligibility, License Term, Fee and Procedure for Denial of Initial Application or Renewal Application and Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance. The
				  Commission may issue an individual's forensic analyst license for forensic
				  examinations or tests not subject to accreditation under this
				  section.
(b) Voluntary. Licensure
				  under this section is voluntary and is not a prerequisite for practice in any
				  of the forensic disciplines listed in this section.
(c) The following forensic disciplines are
				  eligible for a forensic analyst license under this section:
(1) forensic anthropology;
(2) document examination, including document
				  authentication, physical comparison, and product determination;
(3) latent print examination; and
(4) digital/multimedia evidence (limited to
				  computer, mobile, vehicle, call detail records
(i.e., phone carrier
				  record comparisons to mobile device)
and location detail
				  records)
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES › Section 651.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. This subchapter contains the
				  Texas Forensic Science Commission (Commission) rules adopted under Article
				  38.01 §4(a) Code of Criminal Procedure, that govern the Commission's
				  duties to:
(1) to develop and implement a
				  reporting system through which crime laboratories may report professional
				  negligence or professional misconduct;
(2) require a crime laboratory that conducts
				  forensic analyses to report professional negligence or professional misconduct
				  to the Commission; and
(3)
				  investigate, in a timely manner, any allegation of professional negligence or
				  professional misconduct that would substantially affect the integrity of the
				  results of a forensic analysis conducted by a crime laboratory.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES › Section 651.303 - Statutory Requirements for Commission Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Commission conducts an
				  investigation under § 651.301(a)(3) of this subchapter of a crime
				  laboratory that is required to be accredited under Code of Criminal Procedure,
				  article 38.01 §4-d pursuant to an allegation of professional negligence or
				  professional misconduct involving an accredited field of forensic science, the
				  investigation:
(1) must include the
				  preparation of a written report that identifies and also describes the methods
				  or procedures used to identify:
(A) the
				  alleged negligence or misconduct;
(B) whether negligence or misconduct
				  occurred;
(C) any corrective action
				  required of the laboratory, facility, or entity;
(D) observations of the Commission regarding
				  the integrity and reliability of the forensic analysis conducted;
(E) best practices identified by the
				  Commission during the course of the investigation; and
(F) other recommendations that are relevant,
				  as determined by the Commission; and
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES › Section 651.304 - Processing of Complaints and Laboratory Self-disclosures

Current through Reg. 49, No. 28; July 12, 2024
(a) Forms. The FSC shall approve forms for
				  complaints and laboratory self-disclosures and make them available on the FSC
				  website.
(b) Process Generally.
				  Complaints and self-disclosures are initially reviewed by the Commission's
				  Complaint and Disclosure Screening Committee ("CDSC") approved for
				  investigation by a majority of a quorum of Commissioners, investigated through
				  an Investigative Panel, which may include outsourced investigative resources,
				  and completed in the form of a report adopted by a majority of a quorum of
				  Commissioners.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES › Section 651.305 - Complaint and Self-disclosure Screening

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Complaints and self-disclosures will be considered initially through the CSC.
				  The chair of the CSC must present the complaints and disclosures before the
				  Commission with a recommendation for disposition. The CSC may recommend the
				  following dispositions:
(1) dismiss the
				  complaint or disclosure;
(2) accept
				  the complaint or disclosure;
(3)
				  recommend the Commission use its discretion to review the matter for
				  educational purposes;
(4) recommend
				  no further action by the laboratory is necessary at this time; or
(5) take such other action as
				  appropriate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES › Section 651.306 - Dismissal for Lack of Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Autopsy-related complaints. The Commission's General Counsel may make a
				  recommendation that the Commission dismiss complaints related to the portion of
				  an autopsy conducted by a medical examiner or licensed physician as falling
				  outside the Commission's statutory jurisdiction.
(b) DNA mixture complaints. The General
				  Counsel may recommend that the Commission refer complaints and requests
				  involving DNA mixtures to the statewide DNA Mixture Triage Team or other
				  responsible entity. The General Counsel must provide the total number of
				  complaints and inquiries referred to the statewide DNA Mixture Triage Team to
				  the Commission at each quarterly meeting during which such referrals are
				  made.
(c) Non-forensic analysis
				  complaints. The General Counsel may recommend that the Commission dismiss the
				  following categories of complaints:
(1) those
				  the General Counsel does not consider to include a medical, chemical,
				  toxicologic, ballistic, or other expert examination or test performed on
				  physical evidence, including DNA evidence, for the purpose of determining the
				  connection of the evidence to a criminal action;
(2) those the General Counsel believes
				  constitute a presumptive test performed for the purpose of determining
				  compliance with a term or condition of community supervision or parole and
				  conducted by or under contract with a community supervision and corrections
				  department, the parole division of the Texas Department of Criminal Justice, or
				  the Board of Pardons and Paroles; or
(3) those the General Counsel believes
				  constitute an expert examination or test conducted principally for the purpose
				  of scientific research, medical practice, civil or administrative litigation,
				  or other purpose unrelated to determining the connection of the evidence to a
				  criminal action.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES › Section 651.307 - Investigative Panels

Current through Reg. 49, No. 28; July 12, 2024
(a) Panel
				  procedure. After the Commission votes to conduct an investigation, for complex
				  investigations, the Commission's presiding officer may nominate at least three
				  members of the Commission to an Investigation Panel ("Panel") subject to the
				  approval of a majority of a quorum of Commissioners.
(b) Panel investigation. For investigations
				  in which a Panel is created, the Panel initially must specify the focus of the
				  investigation, communicate with the entities or individuals involved in the
				  investigation, and collect any appropriate records. The Panel also may initiate
				  contact with any governmental agency, individual, or entity to inquire about
				  assistance in a full investigation. The Panel may:
(1) collect and review appropriate documents
				  as necessary;
(2) conduct
				  interviews with appropriate individuals;
(3) issue notification of results or refer
				  the case to a governmental or other relevant agency or accrediting body,
				  pursuant to a written communication, memorandum of understanding, or other
				  appropriate agreement between the agencies;
(4) contract with a subject matter expert if
				  needed; or
(5) take such other
				  action as appropriate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES › Section 651.308 - Investigative Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Written report
				  requirements. If the Commission approves a full investigation, the Panel or
				  Staff shall coordinate the completion of the investigation and draft a written
				  report, including a recommendation for final disposition to the Commission. .
				  An investigative report or recommendation is not final and does not represent
				  the conclusions of the Commission until a final report is adopted and issued by
				  a majority of a quorum of Commissioners. The Commission must issue a report
				  using the criteria set forth in Article
				  38.01,
				  Code of Criminal Procedure.
(b)
				  Investigations of accredited crime laboratories and accredited forensic
				  disciplines only. For investigations involving accredited crime laboratories
				  and accredited forensic disciplines, the Commission may:
(1) find there is insufficient credible
				  information to conclude that professional negligence or professional misconduct
				  occurred in the forensic analysis;
(2) find there is sufficient evidence to
				  conclude that professional negligence or professional misconduct occurred in
				  the forensic analysis;
(3) require
				  retrospective re-examination of evidence as appropriate;
(4) require corrective action and follow-up
				  as appropriate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES › Section 651.309

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter E - NOTICE TO AND APPEALS BY LICENSE HOLDERS AND CRIME LABORATORIES › Section 651.402 - Notice and Hearing Request

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission must give written notice by certified mail to a license holder or
				  crime laboratory that is the subject of any disciplinary action, finding of
				  professional negligence or professional misconduct, violation of the code of
				  professional responsibility, or violation of another rule or order of the
				  Commission. The notice must:
(1) include a
				  brief summary of the professional negligence, professional misconduct,
				  violation of the code of professional responsibility, or other rule or
				  statutory violation;
(2) state the
				  disciplinary action taken by the Commission; and
(3) inform the license holder or crime
				  laboratory of their right to a hearing before the Judicial Branch Certification
				  Commission on the occurrence of the professional negligence or misconduct or
				  rule violation, or the imposition of a disciplinary action.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter F - DNA QA DATABASE; STORAGE AND REMOVAL OF CERTAIN DNA RECORDS › Section 651.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Generally. This subchapter contains the Texas Forensic
					 Science Commission (Commission) rules adopted under Code of Criminal Procedure,
					 Article 38.01 § 4-e that govern the storage and removal of certain DNA
					 records maintained in a crime laboratory's DNA QA database.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter F - DNA QA DATABASE; STORAGE AND REMOVAL OF CERTAIN DNA RECORDS › Section 651.502 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  DNA--deoxyribonucleic acid.
(2) DNA
				  QA Database--a database maintained by a crime laboratory and used to identify
				  possible contamination or other quality assurance events with respect to a DNA
				  sample.
(3) Elimination sample--a
				  blood sample or other biological sample or specimen voluntarily provided by the
				  victim of an offense or another individual not involved in the alleged offense
				  whose DNA is likely to be present at the scene of the crime to isolate and
				  identify the DNA of a potential perpetrator.
(A) The designation of any sample as an
				  "elimination sample" is based upon factual information provided by the
				  submitting law enforcement or other investigative agency.
(B) Samples maintained by a crime laboratory
				  for the purpose of administering a blind proficiency testing program are not
				  considered elimination samples subject to this subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter F - DNA QA DATABASE; STORAGE AND REMOVAL OF CERTAIN DNA RECORDS › Section 651.503 - DNA QA Database; Storage and Removal of Certain DNA Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement to
				  Maintain DNA QA Database Separately. A crime laboratory's DNA QA database must
				  be maintained separately from any other local, state, or federal database,
				  including the CODIS DNA database established by the Federal Bureau of
				  Investigation.
(b) Prohibited
				  Upload of Elimination Samples. Crime laboratories are prohibited from uploading
				  or storing a DNA record created from an elimination sample, or any other
				  information derived from that record, in any database other than the DNA QA
				  database maintained by the crime laboratory. Nothing in this subchapter
				  prohibits a crime laboratory from maintaining case information, including DNA
				  records, as required to comply with accrediting body standards or applicable
				  law, including but not limited to article
				  39.14,
				  Code of Criminal Procedure.
(c)
				  Prohibited Access to DNA QA Database Records. Crime laboratories are prohibited
				  from allowing any other person, other than authorized users, access to the
				  crime laboratory's DNA QA database.
(d) Timeline for Removal of Elimination
				  Samples. Crime laboratories that maintain a DNA QA database must, not later
				  than three months after the date on which a forensic DNA analysis of an
				  elimination sample is completed, remove from the DNA QA database the DNA record
				  created from the elimination sample and any other information derived from that
				  record that is contained in the database.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter A - CIVIL COMMITMENT GENERAL PROVISIONS › Section 810.121 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) General. This chapter governs the
				  policies and procedures relating to the civil commitment of sexually violent
				  predators in the State of Texas.
(b) Construction. This chapter covers the
				  Texas Civil Commitment Office's (TCCO) requirements to develop and administer
				  policies on the standards of care and case management, and the conditions of
				  supervision and treatment for sexually violent predators. This chapter also
				  describes the tiered program for the supervision and treatment of a committed
				  person.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter A - CIVIL COMMITMENT GENERAL PROVISIONS › Section 810.122 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--Health and Safety
				  Code Chapter 841, Civil Commitment of Sexually Violent Predators.
(2) Case Management Team--All professionals
				  involved in the assessment, treatment, supervision, monitoring, residential
				  housing of the client, or other approved professionals. The case manager
				  assigned by the office shall act as the chairperson of the team.
(3) Chemical Restraints--Chemical agents or
				  inflammatory agents such as Oleoresin Capsicum (OC) or
				  Orthochlorobenzalmalononitrile (CS) spray, that are designed to temporarily
				  immobilize or incapacitate through temporary discomfort caused by the chemical
				  action.
(4) Clinical Examiner--A
				  person or persons employed by or under contract with the office to conduct a
				  biennial examination to assess any change in the behavioral abnormality for a
				  person committed under the Act, §841.081.
(5) Income--
(A) or the purpose of recovery of costs under
				  §841.084 of the Act, income includes but is not limited to:
(i) money received from employment, to
				  include wages, salaries, tips and other taxable employee pay;
(ii) disability benefits;
(iii) net earnings from
				  self-employment;
(iv) net gain from
				  the sale of property purchased while under civil commitment;
(v) net income from rental property or an
				  ownership in an on-going business;
(vi) interest or dividend income; retirement
				  income;
(vii) social security
				  income;
(viii) unemployment
				  benefits;
(ix) proceeds from
				  lottery winnings; and
(x) gifts of
				  cash.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter B - CIVIL COMMITMENT › Section 810.151 - Administration of the Act

Current through Reg. 49, No. 28; July 12, 2024
The Texas Civil Commitment Office (office) is responsible
					 for providing appropriate and necessary treatment and supervision through the
					 case management system. The office shall hire or contract for the services of
					 case managers, treatment providers, global positioning tracking providers,
					 biennial examination experts, transportation providers, and residential housing
					 providers.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter B - CIVIL COMMITMENT › Section 810.153 - Tiered Treatment and Supervision Program

Current through Reg. 49, No. 28; July 12, 2024
The office shall determine the conditions of supervision
					 and treatment for persons committed under this chapter.
(1) The office shall develop a tiered program
				  policy for the supervision and treatment of a committed person. The tiered
				  program shall provide for the seamless transition of a committed person from a
				  total confinement facility to less restrictive housing and supervision and
				  eventually release based on the person's behavior and progress in
				  treatment.
(2) The policy regarding
				  the movement of committed persons between programming tiers shall be in
				  accordance with Chapter 841 of the Texas Health and Safety Code. The office
				  shall take into account the committed person's individual treatment plan and
				  behavior in movement through programming tiers. A committed person shall be
				  required to meet the tasks and targets of the person's current programming tier
				  and demonstrate that the person has internalized the concepts of the current
				  programming tier prior to movement to the next programming tier. A committed
				  person who demonstrates a regression in treatment or behavior may be reduced in
				  tier levels.
(3) The office shall
				  enter into appropriate contracts or memoranda of understanding for the
				  provision of any necessary supervised housing and other related services and
				  may enter into appropriate contracts for medical and mental health services and
				  sex offender treatment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter B - CIVIL COMMITMENT › Section 810.154 - Emergency Detention Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The office is
				  required to transfer a committed person to a more restrictive setting if the
				  office considers the transfer necessary to further treatment and to protect the
				  community.
(b) In such an instance,
				  when the office has determined that it is necessary to transfer a committed
				  person to a more restrictive setting in order to further the person's
				  supervision and treatment, the office may issue an emergency detention
				  order.
(c) The emergency detention
				  order shall authorize a peace officer to immediately apprehend the individual
				  and transport the individual to a location designated by the office.
(d) The emergency detention order shall list
				  the individual's name and identifying details, current location, location to
				  which the person shall be transferred and shall be signed by the office's
				  Executive Director or designee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter B - CIVIL COMMITMENT › Section 810.155 - Mechanical and Chemical Restraints

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  employee of the office, a person who contracts with the office, or an employee
				  of that contractor may use mechanical or chemical restraints on a committed
				  person residing in a civil commitment center or while transporting a committed
				  person who resides in a civil commitment center. Mechanical and chemical
				  restraints may be utilized in the following circumstances:
(1) The use of mechanical or chemical
				  restraints is a last resort;
(2)
				  The use of mechanical or chemical restraints is necessary to stop or prevent:
(A) imminent physical injury to the committed
				  person or another;
(B) threatening
				  behavior by the committed person while the person is using or exhibiting a
				  weapon;
(C) a disturbance by a
				  group of committed persons;
(D) or
				  an absconsion from the civil commitment center; and
(3) The mechanical or chemical restraint
				  utilized is the least restrictive restraint necessary and used for the minimum
				  duration necessary.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter B - CIVIL COMMITMENT › Section 810.156 - Sexually Violent Predators Required to Submit to Global Positioning Satellite (GPS) Tracking

Current through Reg. 49, No. 28; July 12, 2024
Sexually violent predator clients shall be required to
					 submit to GPS tracking when the client:
(1) Leaves the civil commitment center for
				  any reason;
(2) Reside at the civil
				  commitment center and are assigned to Tier 1 or Tier 2-I or are a new arrival
				  that have not yet been assigned a tier level;
(3) Are program non-compliant as determined
				  by the Office;
(4) Have a special
				  condition of supervision such as parole supervision requiring them to submit to
				  GPS monitoring; or
(5) Reside in
				  the community outside a civil commitment center.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter E - MISCELLANEOUS PROVISIONS › Section 810.272 - Office Appointment of Multidisciplinary Members

Current through Reg. 49, No. 28; July 12, 2024
The office shall appoint members of the office to serve as
					 members of the Multidisciplinary Team (team) as defined in the Health and
					 Safety Code, §
										841.022.
					 The office members who serve on the team shall keep the office informed of the
					 actions taken by the team by providing the office's Executive Director with
					 periodic reports as required.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter E - MISCELLANEOUS PROVISIONS › Section 810.273 - Cost of Housing, Treatment, and Tracking Services

Current through Reg. 49, No. 28; July 12, 2024
A civilly committed person who is not indigent is
					 responsible for the cost of housing and treatment services under Chapter 841 of
					 the Health and Safety Code and the cost of the tracking service required by
					 Health and Safety Code §
										841.082
					 as well as any intentional loss of or damage to the tracking monitor. The
					 office shall create and administer a policy regarding cost recovery for
					 services utilizing the definitions of indigent and income set forth in Rule
					 §810.122, Definitions. The policy shall set forth the method of payment
					 for the cost recovery and shall not require payment in an amount that exceeds
					 50% of the income of the committed person or the actual cost of the
					 services.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter E - MISCELLANEOUS PROVISIONS › Section 810.274 - Contracts Requiring Enhanced Monitoring

Current through Reg. 49, No. 28; July 12, 2024
Under §
										2261.253
					 of the Texas Government Code, the Texas Civil Commitment Office implements the
					 following procedures for contracts for the purchase of goods or services from
					 private vendors until the contract expires or is completed:
(1) For each contract with a value greater
				  than $25,000, the office shall evaluate whether enhanced contract or
				  performance monitoring is appropriate. The office may evaluate whether enhanced
				  contract or performance monitoring is appropriate for contracts with a value
				  less than $25,000. Criteria that may be considered include:
(A) Total cost of the contract, including
				  contract renewals;
(B) Risk of
				  loss to the office under the contract;
(C) Resources available for enhanced contract
				  monitoring or performance monitoring;
(D) Vendor past performance; and
(E) Whether the vendor is a foreign or
				  domestic person or entity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 16 - TEXAS CIVIL COMMITMENT OFFICE › Chapter 810 - CIVIL COMMITMENT › Subchapter E - MISCELLANEOUS PROVISIONS › Section 810.275 - Contract Monitoring Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
Contract monitoring, when applicable, is primarily
					 conducted by the program and administrative staff of the Texas Civil Commitment
					 Office under the authority and direction of §
										2261.202
					 of the Texas Government Code. The internal audit function will perform any
					 additional contract monitoring as specifically directed by the Audit Committee
					 of the Texas Civil Commitment Office Board.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Health and Safety Code, Title 7,
				  Chapter 534, Subchapter A, and this subchapter govern the establishment and
				  operation of a community center.
(b) The purpose of this subchapter is to
				  describe requirements by which a community center is established and operated
				  by a local agency with a plan approved by DADS and DSHS in accordance with the
				  Texas Health and Safety Code, §
										534.001(e).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.302 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to local agencies desiring to
					 establish a new community center or affiliate with an existing community center
					 and to all existing community centers established under the Texas Health and
					 Safety Code, Title 7, Chapter 534.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.305 - Process to Establish a New Community Center

Current through Reg. 49, No. 28; July 12, 2024
(a) Letter of intent. If a local agency
				  decides to establish a new community center, then the local agency submits a
				  letter of intent to DADS and DSHS outlining the proposed new center's region,
				  governing structure, and other information pertinent to the formation of the
				  proposed new center.
(1) If the local agency
				  submitting the letter of intent is not a county or counties, the letter must be
				  accompanied by a letter of endorsement from the appropriate county judge or
				  judges.
(2) DADS and DSHS review
				  the letter of intent using the following criteria:
(A) the benefits of establishing a new center
				  over affiliation with an existing center and the establishment of a new center
				  is consistent with DADS and DSHS mission for the development of community
				  services in Texas;
(B) the
				  population of the region of the proposed new center is at least 200,000 or
				  large enough to support a center;
(C) a comprehensive array of mental health
				  and mental retardation services will be provided;
(D) the extent of the local contribution
				  supports the intent; and
(E) the
				  efficient provision of services is financially viable.
(3) DADS and DSHS determine whether the
				  letter of intent meets the criteria described in paragraph (2) of this
				  subsection.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.307 - Modifying a Community Center's Current Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Submission. The board of trustees of a
				  community center must submit a modification of its current plan in accordance
				  with this section as frequently as necessary to reflect changes in the
				  community center's local agencies, functions, or region as described in
				  paragraphs (1) - (3) of this subsection prior to implementing the changes. The
				  modified plan must be in the format required by DADS and DSHS available at
				  www.dads.state.tx.us.
(1) If a local agency
				  wants to affiliate with an existing community center and the existing center
				  agrees, then the board of trustees of the existing center submits to DADS and
				  DSHS for approval a modification of the center's current plan to reflect such
				  affiliation, including:
(A) any proposed
				  expansion of the center's region;
(B) a copy of the new contract of interlocal
				  agreement; and
(C) official
				  documentation (for example, a resolution) confirming an intent to affiliate
				  from each local agency and the proposed local agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.308 - Dissolution and Merger of Community Centers

Current through Reg. 49, No. 28; July 12, 2024
(a) Dissolution. If a community center
				  proposes to cease operations and dissolve, the center's board of trustees and
				  each local agency must inform DADS and DSHS in writing of such a decision
				  before dissolution. DADS, DSHS, the board of trustees, and each local agency
				  shall agree to a plan of dissolution that addresses at least the following
				  factors:
(1) the center's assets and
				  liabilities (including personnel);
(2) necessary audits to be
				  conducted;
(3) closure activities,
				  including arrangements for uninterrupted delivery of services;
(4) the transfer, archival, and security of
				  records and information; and
(5)
				  future plans for the region's service delivery system (for example, affiliation
				  with an existing center or establishment of a new center).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.309 - Appointment of Manager or Management Team

Current through Reg. 49, No. 28; July 12, 2024
(a) The DADS commissioner and the DSHS
				  commissioner may appoint a manager or management team to manage and operate a
				  community center in accordance with the Texas Health and Safety Code,
				  §§
										534.038,
				  534.039,
				  and
				  534.040.
				  The DADS commissioner may delegate responsibility for appointing a manager or
				  management team to the DSHS commissioner.
(b) A community center may request a hearing
				  to appeal the commissioners' decision to appoint a manager or management team
				  in accordance with 1 TAC Chapter 357, Subchapter I (relating to Hearings Under
				  the Administrative Procedure Act). Requesting a hearing stays the appointment
				  unless the commissioners based the appointment on a finding under §
										534.038(a)(2)
				  or (4) of the Texas Health and Safety Code,
				  which means the commissioners found that the community center or an officer or
				  employee of the center misused state or federal money or endangers or may
				  endanger the life, health, or safety of a person served by the
				  center.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.310 - Standards of Administration for Boards of Trustees

Current through Reg. 49, No. 28; July 12, 2024
(a) Each board of trustees must:
(1) retain all financial records, supporting
				  documents, statistical records, and any other documents pertinent to its
				  community center budgets, contracts, performance/workload measure, and persons
				  served for a period of five years. If audit discrepancies have not been
				  resolved at the end of five years, the records must be retained until
				  resolution;
(2) deposit community
				  center funds through the Federal Deposit Insurance Corporation or the Federal
				  Savings and Loan Insurance Corporation, or to secure deposits using collateral
				  in a manner that protects the deposited funds; and
(3) ensure that DADS and DSHS have
				  unrestricted access to all facilities, records, data, and other information
				  under control of the community center or its contractors as necessary to enable
				  DADS and DSHS to audit, monitor, and review all financial and programmatic
				  activities and services associated with the center as provided by Texas Health
				  and Safety Code, §
											534.033(a).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.311 - Civil Rights

Current through Reg. 49, No. 28; July 12, 2024
Each community center shall provide services in compliance
					 with the Civil Rights Act of 1964, as amended, and the Americans With
					 Disabilities Act (ADA) of 1990, and shall require the same of entities with
					 which it contracts.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 1 - STATE AUTHORITY RESPONSIBILITIES › Subchapter G - COMMUNITY CENTERS › Section 1.312 - Fiscal Controls

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Texas Health and Safety Code, §
										534.035,
					 each community center must comply with the following review and audit
					 procedures to provide reasonable assurance that the community center has
					 adequate and appropriate fiscal controls.
(1) Audit procedures.
(A) Each board of trustees must ensure an
				  annual financial and compliance audit of its accounts is conducted by a
				  certified public accountant or public accountant licensed by the Texas State
				  Board of Public Accountancy. At a minimum, the audit must be conducted in
				  accordance with Government Auditing Standards.
(B) DADS and DSHS may conduct on-site audits
				  of a community center as determined by DADS and DSHS financial risk analysis of
				  the center.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.51 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to comply with the Texas
					 Health and Safety Code, §
										534.052,
					 §
										534.055,
					 and §
										534.065.