reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 342 - STANDARDS FOR HOUSING NON-TEXAS JUVENILES IN TEXAS DETENTION AND CORRECTIONAL FACILITIES › Section 342.3 - Contracts with Other States for Housing Non-Texas Juvenile Inmates

Current through Reg. 49, No. 28; July 12, 2024
The authorizing governmental unit must ensure that there is a
				  written and fully executed annual contract with each out-of-state entity that
				  sends juveniles to the Texas facility. At a minimum, the contract must:
(1) require that all juveniles confined
				pursuant to the contract be released within the jurisdiction of the sending
				entity;
(2) require the
				out-of-state entity to provide the following information before transferring
				the juvenile:
(A) the juvenile's record of
				institutional violence, escape, attempted escape, suicidal and self-harming
				behaviors, and sexually aggressive behaviors;
(B) all appropriate medical information of
				the juvenile, including certification for tuberculosis screening or
				treatment;
(C) all appropriate and
				available mental health information for the juvenile; and
(D) all appropriate and available education
				information for the juvenile.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter A - DEFINITIONS, APPLICABILITY, AND GENERAL DOCUMENTATION REQUIREMENTS › Section 343.100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
When used in this chapter, the following words and terms
					 shall have the following meanings unless otherwise expressly defined within the
					 chapter.
(1) Administrative
				  Designee--A juvenile probation department staff member who is above the level
				  of a facility administrator.
(2)
				  Bed--Includes a bed frame or platform and a mattress. The bed frame or platform
				  may be a permanent or portable fixture.
(3) Behavioral Health Assessment--A mental
				  health assessment conducted by a masters-level mental health provider who is
				  licensed by one of the boards listed in paragraph (37) of this section and is
				  qualified by training to conduct all required elements of a behavioral health
				  assessment. A behavioral health assessment must include the following elements:
(A) clinical interview;
(B) psychosocial evaluation, including a
				  history of traumatic events, to include:
(i)
				  family history;
(ii)
				  community/living environment;
(iii)
				  peer relationships; and
(iv)
				  academic/vocational history;
(C) review of the following files and
				  associated records in the possession of the juvenile probation department:
(i) juvenile probation records;
(ii) mental health records;
(iii) medical records;
(iv) previous mental health testing records;
				  and
(v) educational
				  records;
(D)
				  parent/guardian interview, unless the parent/guardian is unwilling to
				  participate, and any other collateral interviews the mental health provider
				  deems appropriate, such as a teacher or the child's juvenile probation
				  officer;
(E) psychometric testing,
				  using instruments that are recognized and accepted by the American
				  Psychological Association or another professional mental health organization,
				  to include:
(i) achievement assessment, only
				  if there is no record of an achievement assessment within the last three
				  years;
(ii) personality assessment,
				  only if there is no record of a personality assessment within the last three
				  years;
(iii) intellectual
				  assessment, only if:
(I) there is no record
				  of an intellectual assessment within the last three years; or
(II) a new intellectual assessment is
				  indicated by:
(-a-) pervasive use of drugs
				  known to impair thought processes;
(-b-) traumatic brain injury;
(-c-) the child was age 12 or younger on the
				  date of the most recent psychometric testing; or
(-d-) obvious impairment in cognitive or
				  interpersonal functioning;
(F) diagnostic impression; and
(G) review of risks, strengths, and
				  recommendations for intervention.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter A - DEFINITIONS, APPLICABILITY, AND GENERAL DOCUMENTATION REQUIREMENTS › Section 343.102 - Interpretation and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Use of
				  the Words "Including" and "Includes." When used in this chapter, the words
				  "including" and "includes" are to be understood as introducing a non-exhaustive
				  list, unless the context clearly indicates otherwise.
(b) Applicability. This chapter applies to
				  secure juvenile pre-adjudication detention facilities and post-adjudication
				  correctional facilities in this state that are operated by or under contract
				  with a governing board. This chapter does not apply to a facility that is
				  licensed by a state governmental entity or that is exempt from licensure by
				  state or federal law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter A - DEFINITIONS, APPLICABILITY, AND GENERAL DOCUMENTATION REQUIREMENTS › Section 343.104 - Waivers and Variances

Current through Reg. 49, No. 28; July 12, 2024
Unless expressly prohibited by another standard, an
					 application for a waiver or variance of any standard in this chapter may be
					 submitted in accordance with §
										349.200 of
					 this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter A - DEFINITIONS, APPLICABILITY, AND GENERAL DOCUMENTATION REQUIREMENTS › Section 343.108 - Document Retention

Current through Reg. 49, No. 28; July 12, 2024
The facility shall retain documents referenced in this
					 chapter for at least one year after the most recent formal, comprehensive
					 monitoring event conducted by TJJD unless a standard requires a longer
					 retention period.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter A - DEFINITIONS, APPLICABILITY, AND GENERAL DOCUMENTATION REQUIREMENTS › Section 343.110 - Observation Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements of this standard apply to each standard in this chapter in which a
				  juvenile supervision officer is required to observe and record a resident's
				  behavior, including §§
										343.286,
				  343.288,
				  343.290,
				  343.338,
				  343.348,
				  343.350,
				  343.402,
				  343.438,
				  343.442,
				  343.632,
				  and
				  343.634
				  of this title.
(b) All such
				  observations shall be documented by the juvenile supervision officer who made
				  the actual observation. The documentation shall indicate the exact hour and
				  minute the visual observation was made and a general description of the
				  resident's behavior.
(c) If a
				  facility uses an electronic system to record observations of residents, the
				  system shall have the capability to:
(1)
				  allow juvenile supervision officers to record a general description of the
				  resident's observed behavior; and
(2) print out the observation
				  records.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.200 - Authority to Operate Secure Juvenile Facility

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Family Code Title 3, pre-adjudication
					 secure detention facilities and post-adjudication secure correctional
					 facilities for juvenile offenders may be operated only by:
(1) a governmental unit in this state;
				  or
(2) a private entity under a
				  contract with a governmental unit in this state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.202 - Acceptance of Residents

Current through Reg. 49, No. 28; July 12, 2024
A facility may only accept and admit a child, as that term
					 is defined in §
										51.02 of the Texas
					 Family Code, or a person who is under the jurisdiction of the juvenile court
					 who:
(1) has been charged with or
				  adjudicated for an offense against the laws of this state;
(2) is authorized to be detained or confined
				  under Title 3 of the Texas Family Code; or
(3) is a juvenile adjudicated for an offense
				  committed against the laws of another state or the United States whose
				  confinement is authorized under Chapter 342 of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.204 - Facility Governing Board

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have a governing board that:
(1) establishes and operates or contracts for
				  the establishment and operation of the facility; and
(2) provides oversight of facility
				  operations, policies, and procedures.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.206 - Certification and Registration of Facility

Current through Reg. 49, No. 28; July 12, 2024
Before the facility admits residents, the juvenile board in
					 the county where the facility is located, shall ensure:
(1) the facility is certified in compliance
				  with §
										51.12
				  or §
										51.125
				  of the Texas Family Code;
(2) the
				  number of pre-adjudication and post-adjudication beds is designated in the
				  facility certification;
(3) the
				  facility is registered with TJJD in compliance with §
										51.12
				  or §
										51.125
				  of the Texas Family Code; and
(4)
				  the current facility certification and TJJD's facility registration are posted
				  within a public area of the facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.208 - Policy, Procedure, and Practice

Current through Reg. 49, No. 28; July 12, 2024
The governing board of the facility shall require that
					 written policies and procedures exist governing the operation of all secure
					 juvenile pre-adjudication detention and post-adjudication correctional
					 facilities in the county. The policies, procedures, and practices of the
					 facility shall include:
(1) policies
				  that strictly prohibit:
(A) abuse, neglect,
				  or exploitation of a resident, as defined in Texas Family Code §
											261.001 and §
											261.401, by
				  any individual having contact with a resident of the facility;
(B) youth-on-youth sexual conduct;
(C) violations of the code of ethics as
				  outlined in Chapter 345 of this title;
(D) violations of any professional code of
				  ethics or conduct by any individual providing services to or having contact
				  with residents of the facility; and
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.210 - Designation of Facility Administrator

Current through Reg. 49, No. 28; July 12, 2024
The chief administrative officer or the governing board of
					 the facility or their designee shall designate one facility administrator for
					 each secure facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.212 - Duties of Facility Administrator

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The facility administrator shall be responsible for the daily operations of the
				  facility. The facility administrator's office shall be located on the grounds
				  of the facility. The facility administrator shall not maintain a satellite
				  office to oversee the daily operations of the facility.
(b) The facility administrator shall
				  designate a certified juvenile supervision officer to be in charge during the
				  facility administrator's absence from the facility.
(c) The facility administrator shall develop,
				  implement, and maintain a policies and procedures manual for the facility and
				  shall ensure the daily facility practice conforms to the policies and
				  procedures detailed in the manual.
(d) The facility administrator shall review
				  the facility's policies and procedures manual at least once each year, no later
				  than the last day of the calendar month of the previous year's review, and
				  maintain documentation of this review.
(e) The facility administrator shall make the
				  policies and procedures manual available to all employees of the
				  facility.
(f) The facility
				  administrator shall ensure that each employee of the facility is:
(1) trained on the provisions of the policies
				  and procedures manual that are relevant to the employee's job functions prior
				  to beginning service at the facility; and
(2) notified of or given access to, in a
				  written or electronic format, all changes or modifications to the policies and
				  procedures manual in a timely manner.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.214 - Data Collection

Current through Reg. 49, No. 28; July 12, 2024
The facility administrator or chief administrative officer
					 shall maintain and report to TJJD electronically, or in the format requested,
					 the following information:
(1) total
				  number of resident grievances;
(2)
				  total number of personal restraint incidents;
(3) total number of mechanical restraint
				  incidents;
(4) total number of
				  chemical restraint incidents;
(5)
				  total number of non-ambulatory restraint incidents;
(6) total number of safety-based seclusions
				  in each of the following categories:
(A) less
				  than 90 minutes;
(B) 90 minutes or
				  more but less than four hours;
(C)
				  four hours or more but less than 24 hours;
(D) 24 hours or more but less than 48
				  hours;
(E) 48 hours or more but
				  less than 72 hours; and
(F) 72
				  hours or more;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.218 - Location and Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Co-located
				  Facilities.
(1) If the juvenile facility is
				  located in the same building or on the same grounds as any type of adult
				  corrections facility, the juvenile facility shall be a separate, self-contained
				  unit.
(2) All applicable federal
				  and state laws pertaining to the separation of juveniles from adult inmates
				  shall apply.
(3) The facility shall
				  submit information to and agree to monitoring from the Office of the Governor
				  and/or the contract representative.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.220 - Population

Current through Reg. 49, No. 28; July 12, 2024
(a) The population of the facility shall not
				  exceed the rated capacity of the facility.
(b) A daily population roster shall be
				  maintained in chronological order by date and shall be available for TJJD
				  monitoring purposes. The population roster shall be current as of 5:00 a.m.
				  daily.
(c) The population roster
				  shall include:
(1) the date and time the
				  roster was compiled;
(2) the names
				  of all residents in the facility;
(3) the sex of all residents in the facility;
(4) the housing assignment
				  location (e.g., multiple/single-occupancy housing unit, assigned pod, bay,
				  etc.) of all residents in the facility; and
(5) the total resident population for each
				  day.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.222 - Heating, Cooling, and Ventilation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  facility shall provide fully functioning heating and cooling systems adequate
				  for the square footage of the facility. However, areas of a facility from which
				  residents are restricted (e.g., mechanical rooms, storage rooms, etc.) are
				  exempt from this requirement.
(b)
				  The facility shall provide a fully functioning ventilation system adequate for
				  the square footage of the facility.
(c) The facility shall maintain an alternate
				  means of ventilation in the event that regular power is interrupted. The
				  alternate means of ventilation shall ensure there is a mechanical means of
				  bringing fresh air into and exhausting stagnant air out of all
				  resident-occupied housing areas, such as placing an industrial-sized fan in
				  front of an open door or window to bring in fresh air and placing another
				  industrial-sized fan in front of another door or window to exhaust stagnant
				  air.
(d) Documentation of any
				  malfunctions or repairs made to the heating, cooling, and ventilation systems
				  shall be maintained in the facility's maintenance log.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.224 - Alternate Power Source

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall have at least one alternate source of electrical power that provides for
				  the simultaneous operation of life safety systems, including:
(1) emergency lighting other than
				  flashlights;
(2) illuminated
				  emergency exit lights and signs;
(3) emergency audible communication systems
				  and equipment;
(4) fire detection
				  and alarm systems;
(5) ventilation
				  and smoke management systems; and
(6) all secure door-locking mechanisms which
				  operate exclusively on electric current.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.226 - Lighting

Current through Reg. 49, No. 28; July 12, 2024
(a) Adequate lighting shall be provided to
				  all areas of the facility.
(b) In
				  facilities that began operating as secure pre- or post-adjudication facilities
				  on or after September 1, 2003, all housing units, including specialized housing
				  units, shall provide natural light from a source within the housing unit. If
				  the housing unit contains individual resident sleeping quarters, each
				  individual resident sleeping quarters shall:
(1) have its own natural light source; and/or
(2) have a viewing window in the
				  door or wall that allows for a direct line of sight to the natural
				  light.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.228 - Dining Area

Current through Reg. 49, No. 28; July 12, 2024
The dining area shall provide a minimum of 15 square feet
					 of floor space per diner.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.230 - Specialized Housing

Current through Reg. 49, No. 28; July 12, 2024
(a) A resident in
				  specialized housing must be placed in a room or cell equipped with:
(1) an operable toilet above floor
				  level;
(2) a washbasin with hot and
				  cold running water or a single control that produces warm water;
(3) a bed above floor level; and
(4) access to natural light as described in
				  §
											343.226 of
				  this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.232 - Housing for Residents with Physical Disabilities

Current through Reg. 49, No. 28; July 12, 2024
All housing areas used by residents with physical
					 disabilities shall be designed for their use and provide for their safety and
					 security in accordance with state and federal law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.234 - Program Areas

Current through Reg. 49, No. 28; July 12, 2024
The facility shall provide space for:
(1) visitation;
(2) religious activities;
(3) interviewing and counseling;
				  and
(4) educational
				  instruction.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.236 - Secure Storage Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) The area(s)
				  used to store hazardous materials, cleaning supplies, and equipment shall be
				  locked and not accessible to residents.
(b) Hazardous materials shall be stored:
(1) in accordance with the storage
				  requirements contained in the Material Safety Data Sheet (MSDS) for the
				  product; and
(2) in:
(A) the original container with the
				  manufacturer's label intact; or
(B)
				  a secondary container that is labeled with the identity of the product and
				  appropriate hazard warnings.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.238 - Hazardous Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall maintain a master list of all hazardous materials used in the facility
				  and a master copy of the Material Safety Data Sheet (MSDS) for each hazardous
				  material used in the facility.
(b)
				  Staff members on all shifts shall have immediate access to a copy of the MSDS
				  for each hazardous material used or stored in their work area(s).
(c) Except as noted in subsection (d) of this
				  section, the facility shall prohibit the use of all hazardous materials by
				  residents.
(d) Residents may use
				  cleaning agents and paint only if:
(1) access
				  and use of the paint and/or cleaning agents by residents is strictly controlled
				  and supervised by a juvenile supervision officer;
(2) the residents are instructed on the use
				  of the hazardous material and the proper equipment as identified by the
				  MSDS;
(3) the residents are
				  provided the proper safety equipment identified by the MSDS; and
(4) use of the hazardous material is part of
				  a routine housekeeping or maintenance assignment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.240 - Safety Codes

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  types of construction or renovation projects shall be designed, constructed,
				  and maintained in accordance with the requirements of Chapter 22 of the Life
				  Safety Code® (i.e., National Fire Protection Association 101):
(1) a new facility that begins operation as a
				  secure juvenile pre-adjudication or post-adjudication facility on or after
				  January 1, 2015; and
(2) an
				  addition or major renovation to a facility that began operation as a secure
				  juvenile pre-adjudication or post-adjudication facility before January 1, 2015.
				  For purposes of this standard, a renovation project that requires the services
				  of an architect or engineer is considered a major renovation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.242 - Fire Safety Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall maintain and have in effect a written fire safety plan.
(b) The fire safety plan shall:
(1) be available to all supervisory
				  personnel;
(2) provide for the
				  protection of all persons in the event of a fire by evacuation to areas of
				  refuge and evacuation from the building when necessary; and
(3) be coordinated with and reviewed by the
				  fire authority legally committed to serve the facility. The coordination and
				  review efforts required in this standard shall be validated by documentation
				  prepared or attested to by a representative of the applicable fire
				  authority.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.244 - Fire Safety Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall have a designated fire safety officer. The designation shall be in
				  writing.
(b) The fire safety
				  officer shall:
(1) ensure a log for fire
				  drills is maintained;
(2) ensure
				  fire drills are conducted as required by §
											343.246 of
				  this title;
(3) ensure the posting
				  of emergency evacuation plans as required by the applicable fire code for the
				  facility;
(4) implement procedures
				  for limitations on the numbers or amounts of books, clothing, and other
				  combustible personal property allowed in sleeping rooms and the proper disposal
				  of combustible refuse;
(5)
				  implement procedures for the use and control of flammable, toxic, and caustic
				  materials;
(6) implement procedures
				  to ensure that:
(A) the facility exits are
				  clear of obstructions;
(B) the
				  capacity of an exit route does not decrease in the direction of the exit;
				  and
(C) exit doors are properly
				  marked for evacuation in the event of a fire or other emergency; and
(7) ensure staff members are
				  trained on the fire safety plan.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.246 - Fire Drills

Current through Reg. 49, No. 28; July 12, 2024
(a) The fire safety
				  officer or designee shall conduct a fire drill on each shift at least once
				  every 90 calendar days.
(b) All
				  staff on duty in the facility shall participate in the fire drills.
(c) Each staff member assigned to the
				  facility shall be instructed and drilled regarding his or her duties in the
				  event of a fire to include the location and use of life safety and/or fire
				  suppression equipment:
(1) during new
				  employee orientation; and
(2) at
				  least once every 365 days.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.248 - Non-Fire Emergency Preparedness Plan

Current through Reg. 49, No. 28; July 12, 2024
The facility shall have an emergency preparedness plan that
					 includes, but is not limited to, severe weather, natural disasters,
					 disturbances or riots, national security issues, and medical emergencies. The
					 plan shall address:
(1) the
				  identification of key personnel and their specific responsibilities during an
				  emergency or disaster situation;
(2) procedures for:
(A) alerting, notifying, activating, and
				  deploying employees;
(B)
				  identifying mission-essential functions;
(C) establishing alternate sites for the
				  evacuation of residents; and
(D)
				  identifying staff members with authority and knowledge of functions;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.249 - Internal Security

Current through Reg. 49, No. 28; July 12, 2024
(a) Written
				  policies and procedures for security and control of the facility shall include
				  the following:
(1) continued operations in
				  the event of a work stoppage;
(2)
				  provisions for the security, storage, and accessibility of:
(A) keys;
(B) tools;
(C) medical equipment; and
(D) kitchen utensils;
(3) provisions to prevent firearms from
				  entering the secure area of the facility, with the exception of a licensed
				  peace officer who is officially responding to an active criminal event (e.g.,
				  hostage situation, resident riot, escape, etc.) within the facility;
				  and
(4) provisions for coordination
				  with law enforcement authorities in the case of escape or other situations
				  requiring assistance from city, county, or state law enforcement
				  agencies.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.250 - External and Perimeter Security

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  facility's perimeter shall be controlled by appropriate means to:
(1) ensure that residents remain within the
				  perimeter; and
(2) prevent access
				  by the general public without proper authorization.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.260 - Resident Searches

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall have written policies and procedures regulating the search of juveniles
				  being admitted into the facility and residents already within the facility's
				  population.
(b) Residents shall be
				  subjected only to the following searches:
(1)
				  a pat-down search, conducted by same-gender staff, as necessary for facility
				  safety and security;
(2) an oral
				  cavity search to prevent concealment of contraband and to ensure the proper
				  administration of medication;
(3) a
				  strip search based on the reasonable belief that the resident is in possession
				  of contraband or reasonable belief that the resident presents a threat to the
				  facility's safety and security;
(A) a strip
				  search shall be limited to a visual observation of the resident and shall not
				  involve the physical touching of a resident;
(B) a strip search shall be performed in an
				  area that ensures the privacy and dignity of the resident; and
(C) a strip search shall be conducted by a
				  staff member of the same gender as the resident being searched; and
(4) an anal or genital body cavity
				  search only if there is probable cause to believe the resident is concealing
				  contraband;
(A) an anal or genital body
				  cavity search shall be conducted only by a physician or physician assistant.
				  The physician or physician assistant shall be of the same gender as the
				  resident, if available;
(B) all
				  anal and genital body cavity searches shall be conducted in an office or room
				  designated for medical procedures; and
(C) all anal and genital body cavity searches
				  shall be documented and the documentation shall be maintained in the resident's
				  file.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.262 - Hygiene Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Residents shall
				  be given appropriate instruction on personal and oral hygiene.
(b) Facilities shall provide residents with
				  hygiene items including:
(1) soap;
(2) shampoo;
(3) toothbrush;
(4) deodorant; and
(5) brush or comb.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.264 - Resident Showers

Current through Reg. 49, No. 28; July 12, 2024
Residents shall be provided the opportunity to
					 shower:
(1) daily; and
(2) after participating in strenuous exercise
				  other than activities related to the educational curriculum (i.e., physical
				  education).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.266 - Bedding

Current through Reg. 49, No. 28; July 12, 2024
(a) Required Items.
(1) Each resident must be provided:
(A) a mattress;
(B) a mattress cover or fitted
				  sheet;
(C) a sheet;
(D) a blanket;
(E) a pillow; and
(F) a pillowcase.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.268 - Towels

Current through Reg. 49, No. 28; July 12, 2024
A clean towel shall be issued to each resident
					 daily.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.270 - Clothing

Current through Reg. 49, No. 28; July 12, 2024
(a) Clean clothing shall be provided to each
				  resident upon admission into the facility.
(b) Clean undergarments and socks shall be
				  issued daily. Clean uniforms and other clean clothing shall be issued at least
				  twice per week, with a maximum of 72 hours between exchanges.
(c) Climate-appropriate clothing shall be
				  provided to all residents in the facility for any outdoor programming or
				  activities.
(d) A resident
				  identified as moderate or high risk for suicidal behavior may have his/her
				  clothing requirements modified per the facility's suicide prevention plan (see
				  §
										343.340
				  of this title). However, in no case shall residents on suicide supervision be
				  left in an unnecessary state of undress.
(e) While participating in activities with at
				  least one other resident or when assigned to a multiple-occupancy housing unit,
				  residents identified as moderate or high risk for suicidal behavior shall not
				  be required to wear protective clothing specifically designed to reduce the
				  likelihood of self-harm such as safety smocks, paper gowns, or quilted
				  vests.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.272 - Facility Maintenance, Cleanliness, and Appearance

Current through Reg. 49, No. 28; July 12, 2024
(a) Housekeeping Plan. The facility shall
				  implement a written housekeeping plan and provide verification for the
				  maintenance of a clean and sanitary facility that promotes a safe and secure
				  environment for residents.
(1) The plan shall
				  include:
(A) a schedule for periodic and
				  routine cleaning and housekeeping, including:
(i) the identification of staff and resident
				  responsibilities; and
(ii) the
				  regular cleaning and disinfection of toilet and shower areas currently in
				  use;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.274 - Resident Discipline Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  facility shall develop and implement a written resident discipline plan that
				  provides for the fair and consistent application of resident rules and
				  sanctions.
(b) The plan shall:
(1) categorize resident rule violations as
				  minor violations and major violations and list the corresponding sanctions
				  available for each violation. If the discipline plan allows for repeated minor
				  rule violations to be considered a major rule violation, the discipline plan
				  shall:
(A) specify how many minor rule
				  violations constitute a major rule violation;
(B) define a repeated violation as one that
				  occurs within the same calendar day as the first violation; and
(C) specify the sanctions available for
				  repeated minor violations;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.276 - Formal Disciplinary Reviews for Major Rule Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) A resident shall receive a formal
				  disciplinary review before disciplinary seclusion is imposed unless the review
				  is waived in writing by the resident.
(b) For sanctions other than disciplinary
				  seclusion that result from a major rule violation, a formal disciplinary review
				  shall be held if requested by the resident. Upon such a request, the review
				  shall be held within five calendar days after the resident's request. Any delay
				  beyond five calendar days must be supported by documented justification
				  explaining why it was impossible, impractical, or inappropriate to hold the
				  review within five calendar days.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.280 - Formal Disciplinary Review Process

Current through Reg. 49, No. 28; July 12, 2024
The formal disciplinary review process shall include the
					 following elements :
(1) The review
				  shall be held by one or more neutral and impartial persons who were not
				  directly involved in the alleged rule violation or the imposed
				  sanction.
(2) All evidence shall be
				  disclosed to the resident unless:
(A) a law
				  enforcement officer or prosecuting authority requests the facility to withhold
				  certain evidence; or
(B) the
				  facility administrator documents that certain evidence may create a breach of
				  facility security or compromise the safety of a resident or others.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.282 - Resident Appeals

Current through Reg. 49, No. 28; July 12, 2024
A resident may appeal the findings of a formal disciplinary
					 review. The appeal process shall include the following elements.
(1) The appeal shall be decided by one or
				  more neutral and impartial persons who were not directly involved in the formal
				  disciplinary review and not directly involved in the disciplinary
				  process.
(2) The resident shall be
				  allowed to submit the request for an appeal within seven calendar days after a
				  disposition is rendered in the formal disciplinary review.
(3) The person(s) who decides the appeal
				  shall prepare a written response to the resident's appeal that:
(A) indicates the evidence to be relied upon
				  in making the appeal decision and the justification for the decision;
				  and
(B) is completed within 10
				  calendar days after the date the resident requested the appeal. Any delay
				  beyond 10 calendar days must be supported by documented justification
				  explaining why it was impossible, impractical, or inappropriate to answer the
				  appeal within ten calendar days.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.284 - Disciplinary Review Log

Current through Reg. 49, No. 28; July 12, 2024
The facility shall maintain a log or other documentation
					 that shows the names of the residents who have requested or received:
(1) an informal disciplinary
				  review;
(2) a formal disciplinary
				  review; and/or
(3) an appeal of a
				  formal disciplinary review.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.285 - Disciplinary Seclusion

Current through Reg. 49, No. 28; July 12, 2024
(a) Disciplinary
				  seclusion may be imposed only for a major rule violation proved in a formal
				  disciplinary review.
(b)
				  Disciplinary seclusion shall not be issued to a resident with a known diagnosis
				  of:
(1) a serious mental illness;
				  or
(2) severe or profound
				  intellectual disability.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter B - PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS › Section 343.286 - Room Restriction

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall maintain documentation of the reason for each room restriction.
(b) While a resident is in room restriction,
				  a juvenile supervision officer shall personally observe and record the
				  resident's behavior at random intervals not to exceed 15 minutes unless
				  supervision requirements in §
										343.348
				  or §
										343.350
				  of this title apply.
(c) Room
				  restriction assignments shall be in individual sleeping quarters or a room
				  specifically designated for use in room restriction. If the room is not
				  individual sleeping quarters, the room shall:
(1) be heated, cooled, and ventilated in
				  accordance with §
											343.222
				  of this title;
(2) have a minimum
				  ceiling height of 7.5 feet when measured from the floor to the lowest point of
				  the ceiling; and
(3) be equipped
				  with a viewing window that allows staff to observe the resident.