1. (a) Unit Capacity General Standard. The number of offenders assigned to a unit shall not exceed the unit's capacity. The unit's capacity is established by the Texas Board of Criminal Justice.
2. (b) System I Capacity. The combined capacity of all prison units built prior to 1985 ("System I capacity") is 42,210.
3. (c) System II Capacity. The combined capacity of all prison units built after 1985 ("System II capacity") is 54,321. Of this figure, there are 374 transient beds in System II that are not included in the combined System I and System II capacities.
4. (d) System III Capacity. The combined capacity of all state jail felony, transfer, substance abuse felony punishment, mentally retarded offender, and psychiatric facilities and boot camps, pre-release centers, private prisons and leased beds is 58,741.
5. (e) Correctional Institutions Division ("CI Division") Operational Capacity Standard. In accordance with Government Code §§499.021 et seq. (the Population Management Act), TDCJ CI Division will operate at no higher than 100% of the combined capacities of TDCJ Systems I and II.
6. (f) TDCJ Operational Capacity Standard. TDCJ CI Division should operate at no higher than 97.5% of the combined capacity of Systems I, II, and III.
7. (g) Increases in Capacity. An increase in unit capacity, other than a de minimus increase, shall be made in accordance with Government Code §§499.102 - 499.110.

8. (h) Statutory constraints on capacity.

   1. (1) Temporary housing may not be considered for the purpose of computation of space available for offender housing. (Government Code §499.024.)
   2. (2) The CI Division may not house offenders in tents, cellblock runs, hallways, laundry distribution rooms, converted dayroom space, gymnasiums, or any other facilities not specifically built for housing. Temporary housing may be used to house roving offender construction crews and offenders temporarily displaced only because of housing renovation, fire, natural disaster, riot or hostage situations, if the CI Division provides those offenders with reasonable sanitary hygiene facilities. (Government Code §501.111.)
   3. (3) The CI Division may not house offenders with different custody classifications in the same cellblock or dormitory unless the structure of the cellblock or dormitory allows the physical separation of the different classifications of offenders. If an appropriate justification is provided by the unit classification committee or the state classification committee, the Board may permit the CI Division to temporarily house offenders with different custody classifications in the same cellblock or dormitory. The temporary housing shall only be used until sufficient beds become available to allow the Division to house the offenders by custody classification and in no event for more than 30 days. (Government Code §501.112.)

   4. (4) The CI Division may not house more than two offenders in a cell designed for occupancy by one or two offenders. The following classes of offenders shall be housed in single occupancy cells:

      1. (A) offenders confined in death row segregation;
      2. (B) offenders confined in administrative segregation;
      3. (C) offenders assessed a term of solitary confinement;
      4. (D) offenders assessed as mentally retarded and whose habilitation plans recommend housing in a single occupancy cell;
      5. (E) offenders with a diagnosed psychiatric illness being treated on an inpatient or outpatient basis whose individual treatment plans recommend housing in single occupancy cells; and
      6. (F) offenders whose medical treatment plans recommend housing in a single occupancy cell. (Government Code §501.113)

Source Note:The provisions of this §152.27 adopted to be effective February 20, 2006, 31 TexReg 1049.