1. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.

   1. (1) Assistance--TDCJ resources provided to non-agent private prisons or jails such as personnel, equipment, vehicles, horses, tracking dogs, and chemical agents.
   2. (2) Emergency Situation--An event determined by a law enforcement agency to present an immediate threat to public safety or to represent a potential threat to public safety if assistance is not received. The situation will generally involve multiple offenders, an escape, or a hostage situation.
   3. (3) Law Enforcement Agency--For purposes of this policy, a law enforcement agency is the Texas Department of Public Safety (DPS), including the Texas Rangers; a municipal police department; or a county sheriff's department.
   4. (4) Non-Agent Private Prison/Jail--Any privately operated or owned prison or jail in Texas which does not have a contract with the TDCJ to house TDCJ offenders.
   5. (5) TDCJ Facility--Any Institutional Division (ID) prison, secure residential Parole Division (PD) facility, or State Jail Division (SJ) facility operated by the TDCJ. Contractor-operated facilities are not included in this definition.
2. (b) Policy. It is the policy of the TDCJ to render assistance to non-agent private prisons/jails only when a law enforcement agency has made a prior determination that an emergency situation exists and has concurred in the request to the TDCJ.

3. (c) Procedures.

   1. (1) Approval of Request for Assistance.

      1. (A) If a non-agent private prison/jail believes that an emergency situation has arisen, it must immediately notify the nearest law enforcement agency in order to qualify for the TDCJ's assistance. In the case of a non-agent private prison/jail operating a facility holding county inmates, it must notify the county sheriff in order to qualify for TDCJ's assistance.

      2. (B) The law enforcement agency will then determine whether the situation is indeed an emergency situation as defined. If so, it will ask what scope of assistance is being requested and will consult with the non-agent private prison/jail concerning:

         1. (i) number and type of personnel needed;
         2. (ii) number and type of vehicles needed;
         3. (iii) amount and type of riot equipment needed;
         4. (iv) number and type of weapons needed (to include chemical weapons);
         5. (v) number of tracking dog teams; and
         6. (vi) number of horses.
      3. (C) With the concurrence of a Texas Ranger, a DPS sergeant or above, county sheriff, or municipal police chief, law enforcement agency staff may call the nearest TDCJ facility's Warden/Facility Administrator or Duty Warden/Facility Administrator to request assistance. TDCJ facilities may assist under these circumstances only when requested to do so by a law enforcement agency. The law enforcement agency must describe the assistance being requested and must agree to have a representative available to take an active role at the site of the emergency situation when the TDCJ team arrives.

      4. (D) Approval.

         1. (i) The TDCJ Warden/Facility Administrator or Duty Warden/Facility Administrator will contact the appropriate Regional Director (ID), Assistant Director (SJ), or Director of Specialized Supervision (PD) for approval to render assistance.
         2. (ii) Once assistance is approved, the Warden/Facility Administrator or Duty Warden/Facility Administrator will, in conjunction with the appropriate Regional Director (ID), Assistant Director (SJ), or Director of Specialized Supervision (PD), determine what requested resources will be sent, based on their assessment of the information received as well as concurrent Agency needs.

   2. (2) Emergency Situation Procedures.

      1. (A) The responding TDCJ facility will report the request and their response to the Emergency Action Center (EAC) in accordance with AD-02.15 procedures for a Level I incident and will take all follow-up actions as required by the directive.

      2. (B) Arrival at the Emergency Situation.

         1. (i) Upon arrival at the scene of the emergency situation, the senior member of the TDCJ team will be briefed by the non-agent private prison/jail staff.
         2. (ii) The law enforcement agency representative will be present at the briefing.
         3. (iii) The senior member of the TDCJ team will have sole discretion as to which TDCJ resources will be deployed.
      3. (C) The senior member of the TDCJ team will be in charge of the TDCJ resources, to include personnel, at all times.
      4. (D) If the emergency situation requires the use of tracking dogs, the requirements of AD-03.26 will be followed.
   3. (3) The non-agent private prison/jail will be required to reimburse TDCJ for all assistance rendered, to include the cost of employees, equipment and supplies, as well as a minimum of $1,000 for administrative overhead expenses. The executive director of TDCJ may waive this requirement.

Source Note:The provisions of this §152.61 adopted to be effective April 15, 1997, 22 TexReg 3431.