reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.15 - County Contract with Private Entity for Jail Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commissioners court of a county may
				contract with a private vendor to provide for the financing, design,
				construction, leasing, operation, purchase, maintenance, or management of a
				facility for the confinement of persons accused or convicted of an
				offense.
(b) Contracts for these
				purposes shall comply with Local Government Code, §§
									351.101 -
				351.104
				(concerning county contract with private entity for jail facilities).
(c) If the contract includes construction of
				a new facility or renovation of an existing facility, the construction
				documents shall be submitted and reviewed in accordance with Chapter 257 of
				this title (relating to Construction Approval Rules).
(d) Facility operational plans, as required
				by the Commission, shall be developed by the private operator of the facility
				in consultation with the sheriff and shall be approved by the sheriff, in
				writing, prior to submission to the Commission for approval. Approval by the
				sheriff shall not be unreasonably withheld. Revised plans shall similarly be
				submitted when there is a change of sheriffs, operator, types of persons being
				confined, or operational procedures.
(e) The sheriff shall exercise regular
				on-site monitoring over the private jail facility, in accordance with the Local
				Government Code, §
									351.103
				(concerning Contract Requirements). The specifics of such on-site monitoring,
				including the resolution of disputes, disagreements, or deficiencies shall be
				provided for in the contract and facility operational plans.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.16 - Municipal Contract with Private Entity for Jail Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing body of a municipality may
				contract with a private vendor to provide for the financing, design,
				construction, leasing, operation, purchase, maintenance, or management of a
				facility for the confinement of persons accused or convicted of an
				offense.
(b) Contracts for these
				purposes shall comply with the Local Government Code, §§
									361.061 -
				361.067
				(concerning municipal contract for jail facilities).
(c) If the contract includes construction of
				a new facility or renovation of an existing facility, the construction
				documents shall be submitted and reviewed in accordance with Chapter 257 of
				this title (relating to Construction Approval Rules).
(d) Facility operational plans, as required
				by the Commission, shall be developed by the private operator and approved by
				the municipality, in writing, prior to submission to the Commission for
				approval. Revised plans shall be submitted when there is a change of operators,
				types of persons being confined, or operational procedures.
(e) The municipality shall exercise regular
				on-site monitoring over the private operation of the facility, in accordance
				with the Local Government Code, §
									361.062
				(concerning Contract Requirements). The specifics of such on-site monitoring,
				including the resolution of disputes, disagreements, or deficiencies shall be
				provided for in the contract and facility operational plans.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 297 - COMPLIANCE AND ENFORCEMENT › Section 297.17 - Contract with Other States for Housing Non-Texas Inmates Section 511.0095

Current through Reg. 49, No. 28; July 12, 2024
(a) The only entities, other than the state,
				that are authorized to operate a correctional facility to house in this state,
				inmates convicted of offenses against the laws of another state of the United
				States are:
(1) a county or municipality;
				and
(2) a private vendor operating
				a correctional facility under a contract with a county under Subchapter F,
				Chapter 351, Local Government Code, or a municipality under Subchapter E,
				Chapter 361, Local Government Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 299 - VARIANCE PROCEDURE RULES › Section 299.1 - Policy

Current through Reg. 49, No. 28; July 12, 2024
Local Government Code, Chapter 351 and Government Code,
				  Chapter 511, Vernon's Annotated Civil Statutes, and these sections prescribe
				  minimum standards for the construction, equipment, maintenance, operation,
				  personnel, programs, services, and for the custody, care and treatment of
				  inmates of county facilities and municipal facilities, operated under vendor
				  contract. They are in the public interest of the state of Texas and should in
				  all instances be reasonably enforced by the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 299 - VARIANCE PROCEDURE RULES › Section 299.2 - Filing

Current through Reg. 49, No. 28; July 12, 2024
When a facility does not meet the requirements of the state
				  statutes or these sections, or when the elected or appointed official having
				  jurisdiction desires to construct or operate a facility not complying with the
				  requirements, the official may file an application for variance with the
				  commission. The facts and circumstances justifying the variance shall be
				  submitted to the commission for review.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 299 - VARIANCE PROCEDURE RULES › Section 299.3 - Contents

Current through Reg. 49, No. 28; July 12, 2024
An application for variance shall include:
(1) the name, address, and signature of the
				elected or appointed official(s) having jurisdiction of the facility for which
				the variance is being requested;
(2) the specific statute, sections of
				statutes, and/or rules for which the variance is being requested;
(3) the existing condition(s) that requires a
				variance or the desired condition(s) that would require a variance;
(4) the projected cost to achieve compliance
				without a variance;
(5) the effect
				the variance, if granted, would have on the operations and sanitation of the
				facility and on the custody, safety, health, and supervision of the
				inmates;
(6) the length of time for
				which the variance is being requested;
(7) any additional information or attachments
				demonstrating justification for the variance; and
(8) utilization of alternatives to
				incarceration, including diversion initiatives and reentry efforts to reduce
				recidivism.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 299 - VARIANCE PROCEDURE RULES › Section 299.4 - Burden

Current through Reg. 49, No. 28; July 12, 2024
The burden of showing a clear justification for a variance
				  shall be up to the party filing an application for variance. An application for
				  variance will not be granted if it reasonably appears to the commission that
				  the variance requested would permit or create unhealthy, unsanitary, or unsafe
				  conditions or otherwise jeopardize the security or supervision of inmates or
				  the programs and services required by law or rule of the
				  commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 299 - VARIANCE PROCEDURE RULES › Section 299.5 - Determination/Notice

Current through Reg. 49, No. 28; July 12, 2024
The commission shall consider each application for variance
				  and shall enter its order granting or denying the application in whole or in
				  part. Notice of the order of the commission shall be mailed or delivered in
				  person to the official(s) named in the application for
				  variance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 299 - VARIANCE PROCEDURE RULES › Section 299.6 - Request for Hearing

Current through Reg. 49, No. 28; July 12, 2024
Any elected or appointed official disagreeing with an order
				  or action of the commission upon any application for variance may, within 15
				  days of the date of such order or action, file a request for hearing in
				  accordance with the provisions of §
									297.11
				  of this title (relating to Request for Administrative
				  Hearing).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 300 - FEES › Section 300.1 - General

Current through Reg. 49, No. 28; July 12, 2024
The commission shall set and collect reasonable fees to
				  recover the cost of performing designated services as required by Government
				  Code, §
									511.0091
				  and §
									511.0093
				  concerning fees set and collected by the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 300 - FEES › Section 300.2 - Designated Services

Current through Reg. 49, No. 28; July 12, 2024
The following services are designated as fee recoverable when
				  provided for facilities described under §
									300.3 of
				  this title (relating to Applicable Facilities):
(1) review of and comment on construction
				documents for new facilities or expansion projects of existing
				facilities;
(2) performance of
				occupancy inspections;
(3)
				performance of annual inspections; and
(4) performance of technical
				assistance,
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 300 - FEES › Section 300.3 - Applicable Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Municipal jails
				operated for a municipality by a private vendor or county jails, whether
				financed, purchased, designed, constructed, leased, operated, maintained, or
				managed for the county by a private vendor or provided entirely by the county
				shall be considered applicable facilities for which the commission shall
				collect fees for designated services, as described in §
									300.2 of this
				title (relating to Designated Services), when the facilities have:
(1) a rated capacity of 100 or more
				prisoners; and
(2) an actual or
				projected annual average jail population of prisoners sentenced by
				jurisdictions other than the courts of this state that is 30% or more of the
				total population of the facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 300 - FEES › Section 300.4 - Setting Fees

Current through Reg. 49, No. 28; July 12, 2024
The commission shall determine or estimate the cost of
				  performing the designated services described in §
									300.2 of this
				  title (relating to Designated Services) at least annually and set reasonable
				  fees that recover the costs of the services. A fee schedule shall be developed
				  and maintained at the offices of the commission (300 West 15th Street, Suite
				  503, Austin, Texas 78701) indicating the current fees set by the
				  commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 300 - FEES › Section 300.5 - Collection of Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				will forward an invoice for payment for designated services to the municipality
				or county, for which the facility is or will be operated.
(b) Payment shall be made to the commission
				by the municipality or county receiving the designated services within 45 days
				from receipt of the invoice for services.
(c) Facilities operated by or for
				municipalities or counties which fail or refuse to make payment of fees are not
				eligible for certification.
(d) Any
				municipality or county which is assessed a fee for services may request a
				hearing before the commission for adjustment or abatement of a fee by written
				request to the executive director within 15 days of receipt of invoice for
				performance of services.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 301 - RULES OF PRACTICE IN CONTESTED CASES › Section 301.1 - Procedures

Current through Reg. 49, No. 28; July 12, 2024
The commission will follow the rules of procedure of the
				  State Office of Administrative Hearings for contested cases, Title 1, Part VII,
				  Texas Administrative Code, Chapter 155.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 9 - TEXAS COMMISSION ON JAIL STANDARDS › Chapter 301 - RULES OF PRACTICE IN CONTESTED CASES › Section 301.2 - Decision

Current through Reg. 49, No. 28; July 12, 2024
The commission will render a decision following receipt of
				  the proposal for decision from the State Office of Administrative Hearings. The
				  commission may rule to agree, disagree or modify the proposal for decision
				  based on findings of fact or conclusion of law which substantiate the remedial
				  action or other action by the commission. The decision by the commission shall
				  be final and effective when rendered.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 341.100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following meanings
					 when used in this chapter unless the context clearly indicates
					 otherwise.
(1) Alternative Referral
				  Plan--A procedure that deviates from the requirements of Texas Family Code
				  §
										53.01(d)
				  regarding referral of cases to the prosecutor.
(2) Approved Personal Restraint Technique
				  ("personal restraint")--A professionally trained, curriculum-based, and
				  competency-based restraint technique that uses a person's physical exertion to
				  completely or partially constrain another person's body movement without the
				  use of mechanical restraints.
(3)
				  Approved Mechanical Restraint Devices ("mechanical restraint")--A
				  professionally manufactured and commercially available mechanical device
				  designed to aid in the restriction of a person's bodily movement. The only
				  mechanical restraint devices approved for use are the following:
(A) Ankle Cuffs--Metal band designed to be
				  fastened around the ankle to restrain free movement of the legs.
(B) Handcuffs--Metal devices designed to be
				  fastened around the wrist to restrain free movement of the hands and
				  arms.
(C) Plastic Cuffs--Plastic
				  devices designed to be fastened around the wrists or legs to restrain free
				  movement of hands, arms, or legs. Plastic cuffs must be designed specifically
				  for use in human restraint.
(D)
				  Soft Restraints--Non-metallic wristlets and anklets used as stand-alone
				  restraint devices. These devices are designed to reduce the incidence of skin,
				  nerve, and muscle damage to the subject's extremities.
(E) Waist Belt--A cloth, leather, or metal
				  band designed to be fastened around the waist and used to secure the arms to
				  the sides or front of the body.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 341.102 - Waiver or Variance to Standards

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 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter B - JUVENILE BOARD RESPONSIBILITIES › Section 341.200 - Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Local Juvenile
				  Probation Services Administration.
(1) For
				  each autonomous juvenile probation department, the juvenile board must employ a
				  chief administrative officer who meets the standards set forth in Chapter 344
				  of this title.
(2) When probation
				  services for adult and juvenile offenders are provided by a single probation
				  office, the juvenile board must ensure that the juvenile probation department's
				  policies, programs, and procedures are clearly differentiated.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter B - JUVENILE BOARD RESPONSIBILITIES › Section 341.202 - Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Personnel
				  Policies. The juvenile board must establish written personnel
				  policies.
(b) Department Policies.
				  The juvenile board must establish written department policies and procedures.
				  These policies and procedures must address the following topics if they apply.
(1) Deferred Prosecution.
(A) If the juvenile board adopts a fee
				  schedule for the collection of deferred prosecution fees, the board must
				  establish a written policy that includes the following requirements.
(i) The monthly fee must be determined after
				  obtaining a financial statement from the parent or guardian and may not exceed
				  the maximum set by Family Code §
													53.03.
(ii) The fee schedule must be based on total
				  parent/guardian income.
(iii) The
				  chief administrative officer or his/her designee must approve in writing the
				  fee assessed for each child, including any waiver of deferred prosecution
				  fees.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter B - JUVENILE BOARD RESPONSIBILITIES › Section 341.204 - Residential Placement

Current through Reg. 49, No. 28; July 12, 2024
(a) Duty to Certify
				  Juvenile Justice Facilities. The juvenile board serving the county where a
				  juvenile justice facility is located must certify and register the facility as
				  required by Texas Family Code §§
										51.12,
				  51.125,
				  and
				  51.126,
				  as applicable.
(b) Prohibition on
				  Placing Juveniles in Non-licensed Facilities. The juvenile board must ensure
				  that juveniles under its jurisdiction are placed only in:
(1) juvenile justice facilities that are
				  certified by a juvenile board in Texas; or
(2) public or private residential facilities
				  or programs licensed by a state governmental entity or exempted from licensure
				  by state law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter C - CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES › Section 341.300 - Policy and Procedure Manual

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  chief administrative officer must develop, maintain, and enforce a policy and
				  procedure manual for the juvenile probation department, which must include the
				  policies and procedures of the juvenile probation department as established by
				  the juvenile board.
(b) The chief
				  administrative officer must provide all employees with a copy of or access to
				  the policy and procedure manual, review the manual no later than the last day
				  of the calendar month of the previous year's review, maintain documentation of
				  this review, and update the manual as necessary.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter C - CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES › Section 341.302 - Participation in Community Resource Coordination Groups

Current through Reg. 49, No. 28; July 12, 2024
The chief administrative officer or his/her designee must
					 serve as the liaison to the local community resource coordination group
					 pursuant to Texas Government Code §
										531.055.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter D - REQUIREMENTS FOR JUVENILE PROBATION OFFICERS › Section 341.400 - Duties of Certified Juvenile Probation Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The following duties and responsibilities
				  may be performed only by certified juvenile probation officers, except as
				  allowed by subsection (b) of this section:
(1)
				  recommending a disposition in formal court proceedings;
(2) providing final approval of written
				  social history reports;
(3) acting
				  as the primary supervising officer for court-ordered and deferred prosecution
				  cases;
(4) acting as the primary
				  supervising officer in a collaborative supervision agreement under Family Code
				  §
											51.075;
(5) developing and implementing case plans in
				  accordance with Subchapter E of this chapter;
(6) conducting intake interviews and
				  preliminary investigations and making release decisions under Family Code
				  §
											53.01 unless another
				  staff member is designated to do so by the juvenile board;
(7) taking a child into custody as authorized
				  by Family Code §§
											52.01(a)(4),
				  52.01(a)(6),
				  or
				  52.015;
(8) serving as the designated inter-county
				  transfer officer and performing the duties required by Family Code §
											51.072;
(9) referring a child to a local mental
				  health or mental retardation authority as required by Family Code §
											54.0408; and
(10) providing to the juvenile and to the
				  juvenile's parent, guardian, or custodian a written explanation of the process
				  of sealing juvenile records and a copy of Family Code Chapter 58, Subchapter
				  C-1.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter D - REQUIREMENTS FOR JUVENILE PROBATION OFFICERS › Section 341.402 - Duties of Certified Community Activities Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The following duties and responsibilities
				  may be performed only by certified community activities officers, except as
				  allowed by subsections (b) and (c) of this section:
(1) supervising juveniles in a non-secure
				  setting within a juvenile justice program; or
(2) transporting juveniles in a non-secure
				  setting within a juvenile justice program.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter D - REQUIREMENTS FOR JUVENILE PROBATION OFFICERS › Section 341.403 - Supervising and Transporting Juveniles

Current through Reg. 49, No. 28; July 12, 2024
At least one staff member who is supervising or
					 transporting a juvenile in a non-secure setting within a juvenile justice
					 program must be certified in cardiopulmonary resuscitation and first
					 aid.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter E - CASE MANAGEMENT › Section 341.500 - Mental Health Screening

Current through Reg. 49, No. 28; July 12, 2024
(a) The TJJD mental
				  health screening instrument must be completed for all juveniles who receive a
				  formal referral to the juvenile probation department, except in the specific
				  circumstances listed in paragraphs (1) - (2) of this subsection.
(1) A clinical assessment by a licensed
				  mental health professional may be substituted for the TJJD mental health
				  screening instrument if the assessment is completed within the time frames
				  listed in subsection (b) of this section.
(2) The department is not required to
				  complete an additional screening if the TJJD mental health screening instrument
				  has been completed within the previous two weeks and is contained in the
				  juvenile's case record.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter E - CASE MANAGEMENT › Section 341.502 - Risk and Needs Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) A juvenile
				  probation department must complete a risk and needs assessment for a juvenile:
(1) before each disposition in a juvenile's
				  case; and
(2) at least once every
				  six months.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter E - CASE MANAGEMENT › Section 341.504 - Case Management Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
Each department's case management policies and procedures
					 must:
(1) establish that
				  individualized case management practices are based on a consideration of the
				  following factors, at a minimum:
(A) results
				  of the department's risk and needs assessment instrument;
(B) criminogenic needs;
(C) risk level to reoffend;
(D) responsivity factors; and
(E) involvement of the parent(s), guardian,
				  or custodian; and
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter E - CASE MANAGEMENT › Section 341.506 - Case Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A case plan
				  must be developed for each juvenile assigned to progressive sanctions level
				  three, four, or five, as defined in Texas Family Code Chapter 59, and for each
				  juvenile given determinate sentence probation under Texas Family Code §
										54.04(q).
(b) The case plan must be completed within 30
				  calendar days after the date of initial disposition. The case plan must be:
(1) developed by a juvenile probation officer
				  in coordination with the juvenile and the juvenile's parent, guardian, or
				  custodian;
(2) signed by a juvenile
				  probation officer, the juvenile, and the juvenile's parent, guardian, or
				  custodian; and
(3) retained, with
				  copies provided to:
(A) the
				  juvenile;
(B) the juvenile's
				  parent, guardian, or custodian; and
(C) upon placement of a juvenile in a
				  residential placement, staff at the residential placement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter F - DATA COLLECTION › Section 341.600 - Data Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) Training
				  Requirements.
(1) The data coordinator must
				  have a thorough understanding of TJJD's reporting requirements.
(2) The data coordinator must complete
				  training related to data reporting provided by TJJD as required.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter F - DATA COLLECTION › Section 341.602 - TJJD EDI Extract

Current through Reg. 49, No. 28; July 12, 2024
(a) The TJJD EDI
				  Extract must be sent to TJJD electronically.
(b) The extract is due to TJJD no later than
				  the tenth calendar day of each month following the reporting period.
(c) The TJJD EDI Extract data must include
				  all data fields required by the EDI Specifications.
(d) TJJD staff must discuss any proposed
				  changes to the specifications with juvenile probation departments' designated
				  representatives before making substantive changes to the
				  specifications.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter F - DATA COLLECTION › Section 341.604 - Accuracy of Data

Current through Reg. 49, No. 28; July 12, 2024
(a) The juvenile
				  probation department must fill in all applicable data fields for each referral
				  in the department's case management system.
(b) The juvenile probation department must
				  run the Comprehensive Folder Edit or SRSXEdit on a monthly basis.
(c) Errors detected by the Comprehensive
				  Folder Edit must be corrected prior to the next submission of the EDI
				  Extract.
(d) Errors detected by
				  TJJD must be corrected prior to the date provided by TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter F - DATA COLLECTION › Section 341.606 - Security of Data

Current through Reg. 49, No. 28; July 12, 2024
(a) Each user of
				  the juvenile probation department's case management system must obtain a
				  password to the system. Passwords must not be shared with department employees
				  or other persons.
(b) The juvenile
				  probation department must limit the number of employees who are authorized to
				  delete information in the department's case management system.
(c) Access to the department's case
				  management system must be removed concurrent with the termination of a user's
				  employment.
(d) A juvenile
				  probation department that does not use the Juvenile Case Management System
				  (JCMS) must:
(1) establish and follow a
				  written policy for backup and restoration procedures relating to data in its
				  case management system; and
(2)
				  maintain an off-site backup storage system.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter G - RESTRAINTS › Section 341.700 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies only to juveniles who are not
					 residents of a juvenile pre-adjudication secure detention facility, a juvenile
					 post-adjudication secure correctional facility, or a non-secure juvenile
					 correctional facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter G - RESTRAINTS › Section 341.702 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
The use of restraints is governed by the following
					 criteria.
(1) Personal restraints may
				  be used only by juvenile probation officers and community activities officers
				  who are trained and currently certified in the use of the approved personal
				  restraint technique.
(2) Mechanical
				  restraints may be used only by juvenile probation officers and community
				  activities officers who are trained in the use of all approved mechanical
				  restraint devices.
(3) Except
				  during routine transportation or when a juvenile probation officer takes a
				  juvenile into custody under Texas Family Code §
										52.01
				  or §
										52.015,
				  restraints may be used only in instances of threat of imminent or active:
(A) self-injury;
(B) injury to others; or
(C) serious property damage.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter G - RESTRAINTS › Section 341.704 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
Restraints that employ a technique listed in this section
					 are prohibited:
(1) restraints used
				  for punishment, discipline, retaliation, harassment, compliance, or
				  intimidation;
(2) restraints that
				  deprive the juvenile of basic human necessities, including restroom
				  opportunities, water, food, and clothing;
(3) restraints that are intended to inflict
				  pain;
(4) restraints that put a
				  juvenile in a prone or supine position with sustained or excessive pressure on
				  the back or chest cavity;
(5)
				  restraints that put a juvenile in a prone or supine position with pressure on
				  the neck or head;
(6) restraints
				  that obstruct the airway or impair the breathing of the juvenile, including a
				  procedure that places anything in, on, or over the juvenile's mouth or nose or
				  around the juvenile's neck;
(7)
				  restraints that interfere with the juvenile's ability to communicate;
(8) restraints that obstruct the view of the
				  juvenile's face;
(9) any technique
				  that does not require the monitoring of the juvenile's respiration and other
				  signs of physical distress during the restraint; and
(10) percussive or electrical shocking
				  devices.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter G - RESTRAINTS › Section 341.706 - Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Restraints must be fully documented and
				  the documentation must be maintained, except as noted in subsection (b) of this
				  section. Written documentation regarding the use of restraints must include, at
				  a minimum:
(1) name of the
				  juvenile;
(2) name and title of
				  each staff member who administered the restraint;
(3) narrative description of the restraint
				  event from each staff member who participated in the restraint;
(4) date of the restraint;
(5) duration of each type of restraint (e.g.,
				  personal or mechanical), including notation of the time each type of restraint
				  began and ended;
(6) location of
				  the restraint;
(7) events and
				  behavior that prompted the initial restraint and any continued
				  restraint;
(8) de-escalation
				  efforts and restraint alternatives attempted;
(9) type of restraint(s) applied, including,
				  as applicable:
(A) the specific type of
				  personal restraint hold applied; and
(B) the type of mechanical restraint
				  device(s) applied; and
(10) any injury that occurred during the
				  restraint.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter G - RESTRAINTS › Section 341.708 - Personal Restraint

Current through Reg. 49, No. 28; July 12, 2024
(a) A juvenile
				  probation department may not use a personal restraint technique before it has
				  been approved for use by TJJD.
(b)
				  Staff members who are authorized to use personal restraints must be retrained
				  in the approved personal restraint technique in accordance with the
				  requirements of the technique or at least once every 365 calendar days,
				  whichever time frame is shorter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter G - RESTRAINTS › Section 341.710 - Mechanical Restraint

Current through Reg. 49, No. 28; July 12, 2024
The use of mechanical restraints is governed by the
					 following criteria.
(1) Requirements.
(A) Only approved mechanical restraint
				  devices may be used by the juvenile probation department.
(B) Mechanical restraints must be used only
				  in a manner consistent with their intended use.
(C) Mechanical restraint devices must be
				  inspected at least once each year, no later than the last day of the calendar
				  month of the previous year's inspection. The dates of the inspections must be
				  documented.
(D) Faulty or
				  malfunctioning devices must be restricted from use until they are repaired. Any
				  maintenance performed must adhere to the manufacturer's guidelines.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter G - RESTRAINTS › Section 341.712 - Transporting

Current through Reg. 49, No. 28; July 12, 2024
(a) During transportation in a vehicle, the
				  juvenile may not be affixed to any part of the vehicle.
(b) During transportation in a vehicle, a
				  juvenile may not be secured to another juvenile.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter H - CARRYING OF WEAPONS › Section 341.800 - Applicability and Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This subchapter applies only to actively certified juvenile
				  probation officers who are authorized to carry firearms under this
				  subchapter.
(b) Authorization to
				  Carry a Firearm.
(1) In accordance with
				  §
											142.006
				  of the Texas Human Resources Code, a juvenile probation officer is authorized
				  to carry a firearm during the course of the officer's official duties if:
(A) the juvenile probation officer has been
				  employed for at least one year by the juvenile probation department described
				  in subparagraph (B) of this paragraph;
(B) the chief administrative officer of the
				  juvenile probation department that employs the juvenile probation officer
				  authorizes the juvenile probation officer to carry a firearm in the course of
				  the officer's official duties; and
(C) the juvenile probation officer possesses
				  a certificate of firearms proficiency issued by the Texas Commission on Law
				  Enforcement (TCOLE) under §
												1701.259
				  of the Texas Occupations Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter H - CARRYING OF WEAPONS › Section 341.802 - Documentation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Documents
				  Required after Obtaining an Initial Firearms Proficiency Certificate. Within 30
				  calendar days after receiving the initial firearms proficiency certificate from
				  TCOLE, the chief administrative officer must ensure the following documents are
				  provided to TJJD:
(1) a copy of the Juvenile
				  Probation Officer Firearms Proficiency Certificate from TCOLE; and
(2) a completed, signed, and notarized copy
				  of TJJD's Verification of Eligibility for Juvenile Probation Officer to Carry
				  Firearm form, including the following required attachments:
(A) appropriate documentation that the
				  juvenile probation officer has been subjected to a complete search of local,
				  state, and national records to disclose any criminal record or criminal
				  history;
(B) written documentation
				  from each chief administrative officer who has authorized the juvenile
				  probation officer's participation in the juvenile probation officer firearms
				  proficiency training program that the officer has been examined by a
				  psychologist who was selected by the current employing department and who is
				  licensed by the Texas State Board of Examiners of Psychologists;
(C) a written declaration from the examining
				  psychologist that the juvenile probation officer possesses the requisite
				  psychological and emotional health to carry a firearm in the course of the
				  officer's official duties;
(D)
				  documentation of successful completion of TCOLE's current firearms training
				  program for juvenile probation officers;
(E) documentation of successful completion of
				  the amount of training specified by the department's policies and procedures in
				  the following areas:
(i) use of an empty-hand
				  defense tactic; and
(ii) use of an
				  intermediate weapon; and
(F) the department's current policies and
				  procedures described in § 341.808 of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter H - CARRYING OF WEAPONS › Section 341.804 - Responsibilities of a Juvenile Probation Officer Authorized to Carry a Firearm

Current through Reg. 49, No. 28; July 12, 2024
A juvenile probation officer who is authorized to carry a
					 firearm in accordance with this subchapter must:
(1) comply with the requirements of this
				  subchapter, the officer's department policies and procedures, and the laws of
				  this state and of the United States;
(2) be knowledgeable of the places where
				  firearms or other weapons are prohibited;
(3) immediately report to the chief
				  administrative officer if the officer is arrested for, charged with, or
				  convicted of any criminal offense;
(4) comply with all training, firearms
				  proficiency, and certification requirements in §
										221.35
				  of this title;
(5) maintain the
				  firearm and all authorized intermediate weapons in proper working order at all
				  times;
(6) be responsible for the
				  safe handling of the firearm and all authorized intermediate weapons;
				  and
(7) store the firearm and all
				  authorized intermediate weapons in a secure, locked location designed for
				  secure storage of a weapon when the firearm or other weapon is not on the
				  officer's person.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter H - CARRYING OF WEAPONS › Section 341.806 - Responsibilities of Chief Administrative Officers or Other Supervising Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The chief administrative officer or
				  his/her designee must notify TJJD within 24 hours if:
(1) the department rescinds its authorization
				  for a juvenile probation officer to carry a firearm; or
(2) an officer who is authorized to carry a
				  firearm separates from the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter H - CARRYING OF WEAPONS › Section 341.808 - Written Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
Each juvenile probation department that employs a juvenile
					 probation officer who is authorized to carry a firearm in accordance with the
					 requirements in this subchapter must maintain and implement written policies
					 and procedures that:
(1) define which
				  juvenile probation officers within the department are authorized to carry
				  firearms;
(2) specify the amount of
				  required training hours in the following areas before a juvenile probation
				  officer may carry a firearm in the course of the officer's duties:
(A) use of an empty-hand defense tactic;
				  and
(B) use of at least one
				  intermediate weapon;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter H - CARRYING OF WEAPONS › Section 341.810 - Reporting Use of Force Incidents to TJJD and Law Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The chief administrative officer or
				  his/her designee must report to TJJD each incident in which a juvenile
				  probation officer, during the course of his/her official duties:
(1) uses an empty-hand defense tactic in an
				  incident involving another person;
(2) draws or uses an intermediate weapon in
				  an incident involving another person; or
(3) draws or discharges a firearm in any
				  incident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 341 - GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS › Subchapter H - CARRYING OF WEAPONS › Section 341.812 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The personnel file of each juvenile
				  probation officer authorized to carry a firearm in accordance with this
				  subchapter must contain a copy of the:
(1)
				  PID Assignment (TCOLE C-1 form);
(2) results of criminal history checks
				  conducted pursuant to the requirements of this subchapter;
(3) Licensee Psychological and Emotional
				  Health Declaration (TCOLE L-3 form);
(4) proof of annual firearms
				  proficiency;
(5) verification of
				  successful completion of TCOLE's firearms training program for juvenile
				  probation officers; and
(6)
				  acknowledgment that the officer has reviewed the department's current policies
				  and procedures specified in § 341.808 of this title.
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 342.1 - Authority to House Out-of-State Juveniles

Current through Reg. 49, No. 28; July 12, 2024
The only entities other than the state authorized to operate
				  a pre-adjudication secure detention facility, post-adjudication secure
				  correctional facility, or non-secure correctional facility in this state to
				  house juveniles convicted of offenses committed against the laws of another
				  state or the United States are:
(1) a
				governmental unit in this state; or
(2) a private vendor operating a
				pre-adjudication secure detention facility, post-adjudication secure
				correctional facility, or non-secure correctional facility 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 342 - STANDARDS FOR HOUSING NON-TEXAS JUVENILES IN TEXAS DETENTION AND CORRECTIONAL FACILITIES › Section 342.2 - Registration and Standards Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior
				to receiving out-of-state juveniles, each facility must:
(1) be registered with the Texas Juvenile
				Justice Department (TJJD) in accordance with the requirements in the Texas
				Family Code §§
										51.12,
				51.125,
				and
				51.126;
(2) possess written certification of
				suitability in accordance with the requirements in the Texas Family Code
				§§
										51.12,
				51.125,
				and
				51.126;
				and
(3) adhere to the rules (i.e.,
				standards) in Chapters 343, 344, 345, 355, and 358 of this title.