1. (a) Pursuant to Texas Government Code, §§499.102 - 499.110, the purpose of this chapter is to establish the maximum capacity of individual units and the systems of units, describe constraints on capacity and memorialize changes to capacity in a rulemaking format as required by law. Capacity determinations are no longer affected by Ruiz v. Johnson, Cause Number H-78-987, Southern District of Texas, Houston Division, which was dismissed in June of 2002. This chapter is intended to provide guidance to corrections officials and to policymakers for the sound determination and management of correctional capacity. This chapter is not intended to create a liberty interest or grant a right on the part of any offender within the custody of TDCJ.
2. (b) The CI Division may confine an offender in a transfer facility only if paperwork and processing required under Section 8(a), Article 42.09, Code of Criminal Procedure, for transfer of the offender to the division has been completed, and only during a period in which the offender would otherwise be confined in a county jail awaiting transfer to the division following conviction of a felony or revocation of probation, parole, or release on mandatory supervision. (Government Code §499.152.)
3. (c) The CI Division may not confine an offender in a transfer facility for a period that exceeds two years, the maximum period for which a state jail felon may be confined in a state jail felony facility under Section 12.35, Penal Code. If an offender confined in a transfer facility is released from or transferred from the transfer facility or returned to the convicting county under court order, and is convicted of a subsequent offense, is returned from the convicting county, or is the subject of a revocation of parole or mandatory supervision, the CI division shall not calculate the previous period of confinement in determining the maximum period the defendant may be confined in a transfer facility following conviction of the subsequent offense, return from the convicting county, or revocation. (Government Code §499.155.)
4. (d) The CI Division may confine in a state jail felony facility defendants required by a judge to serve a term of confinement in a state jail felony facility following a grant of deferred adjudication for or conviction of an offense punishable as a state jail felony. (Government Code §507.002.)
5. (e) The CI Division, with the approval of the Board, may designate one or more state jail felony facilities or discrete areas within one or more state jail felony facilities to treat offenders who are eligible for confinement in a substance abuse felony punishment facility or to house offenders who are eligible for confinement in a transfer facility, but only if the designation does not deny placement in a state jail felony facility of defendants required to serve terms of confinement in a facility following conviction of state jail felonies. The division may not house in a state jail felony facility an offender who has a history of or has shown a pattern of violent or assaultive behavior in county jail or a facility operated by the department, or an offender who will increase the likelihood of harm to the public if housed in the facility (Government Code §507.006).

Source Note:The provisions of this §152.21 adopted to be effective February 20, 2006, 31 TexReg 1049.