The facility administrator shall ensure that there is an annual contract with each out-of-state entity that sends juvenile inmates to the Texas facility. At a minimum, all contracts shall:

1. (1) require facility compliance with minimum TJPC standards;
2. (2) require that all contracts for out-of-state juvenile inmates be contracted through a Texas county or municipality and be approved by the juvenile board/probation department of the county in which the facility is located;
3. (3) require that all juvenile inmates confined pursuant to the contract be released within the jurisdiction of the sending entity;
4. (4) require that all juvenile inmate records concerning classification, to include conduct records, be reviewed by the receiving entity prior to transfer of the offender;
5. (5) require that all appropriate medical information of juvenile inmates be provided by the sending entity prior to transfer, to include certification of tuberculosis screening or treatment;
6. (6) require that juvenile inmates with a record of institutional violence while confined in the sending state or a record of escape or attempted escape from secure custody are not eligible for transfer;
7. (7) require the receiving entity to determine the suitability of each juvenile inmate for the facility treatment program prior to approval of transfer, or for continued treatment of juvenile inmates confined to the facility;
8. (8) require the receiving entity to determine juvenile inmate custody level in accordance with comparable levels of custody for Texas juvenile inmates, and that custody level assignments do not exceed the construction security level availability;
9. (9) require that populations of progressive sanctions level 5 and below juvenile inmates will be physically segregated from committed (level 6 and 7) juvenile inmates;
10. (10) require the receiving facility to reserve sufficient bed space to serve the needs of the local community if the facility operates under the authority of the juvenile board; and
11. (11) require provisions for termination of contract within 90 days by the receiving entity.

Source Note:The provisions of this §342.2 adopted to be effective January 26, 1998, 23 TexReg 560.