1. (a) CSCD Director. The district judge or judges shall appoint a CSCD director, who shall meet, at a minimum, the same eligibility criteria as a community supervision officer (CSO) as cited in the Texas Government Code §76.005, and §163.33 of this title (relating to CSOs). It is the responsibility of the CSCD director to apply state, local, and other available resources to employ a sufficient number of officers and other employees to perform the professional and clerical work of the department as required by law, TDCJ-CJAD standards, and local community corrections needs as identified in the local community justice plan. The TDCJ-CJAD director is to be notified by the administrative judge of the appointment of a CSCD director.

2. (b) Administrative Manual. CSCD directors shall be responsible for the development of an administrative manual defining general purposes and functional objectives, incorporating all written policies and procedures, assuring that they are made available to all staff members. The operational section should give a detailed description of the procedures followed in performing the routine tasks of the department. The policies and procedures shall be reviewed by the CSCD director periodically and revised as necessary. The CSCD director shall provide the TDCJ-CJAD director with a copy of the CSCD's administrative manual for review when requested. These policies and procedures shall include, at a minimum:

   1. (1) Human Resources.

      1. (A) recruitment procedures;
      2. (B) promotional requirement and procedures;
      3. (C) EEOC/affirmative action provisions;
      4. (D) provisions of American with Disabilities Act;
      5. (E) provisions of Fair Labor Standards Act;
      6. (F) provisions of Family Medical Leave Act;
      7. (G) sexual harassment policy;
      8. (H) confidentiality of information;
      9. (I) organizational plan/chart;
      10. (J) salary scales;
      11. (K) benefits;
      12. (L) holidays and work schedules;
      13. (M) explanation of amount and limitations of leaves;
      14. (N) personnel records;
      15. (O) employee performance appraisals;
      16. (P) disciplinary procedures;
      17. (Q) grievance procedures;
      18. (R) probationary employment periods;
      19. (S) contract/temporary employees;
      20. (T) dress code;
      21. (U) pre-employment criminal record checks;
      22. (V) staff safety;
      23. (W) political participation;
      24. (X) travel/mileage reimbursement policy; and
      25. (Y) Immigration Reform and Control Act.

   2. (2) Medical.

      1. (A) medical and psychological records management;
      2. (B) contagious disease policy including HIV-AIDS; and
      3. (C) tuberculosis and other communicable diseases.

   3. (3) Supervision.

      1. (A) Supervision Description;
      2. (B) assessment and remediation of literacy skills for offenders;
      3. (C) arrest and firearms policy and procedures; and
      4. (D) pre-sentencing investigation and reporting policy and procedures.

   4. (4) Standards.

      1. (A) Code of ethics;
      2. (B) training and staff development;
      3. (C) job descriptions, qualifications, and responsibilities;
      4. (D) insurance and honesty bonds;
      5. (E) intrastate and interstate compact policies and procedures;
      6. (F) case classification and case management;
      7. (G) supervision of offenders/continuum of sanctions (policy and procedure);
      8. (H) internal case management audit procedures; and
      9. (I) violation of probation order procedures.
3. (c) Ethics. CSCD directors shall provide each CSCD employee with a copy of the Code of Ethics adopted by the TDCJ-CJAD and a copy of the procedure developed by the CSCD director to be used in reviewing and investigating any alleged violation. All employees of the CSCD must comply with the Code of Ethics developed by the TDCJ-CJAD.
4. (d) Internal Audits. CSCDs shall have a designated procedure to monitor the skill levels and training needs of individual staff members and develop a plan for meeting those needs. Internal audits shall be conducted of direct supervision cases to check for standards compliance, utilization of case classification, and supervision planning.
5. (e) Records. CSCD directors shall ensure that program records and statistical data consistent with the requirements of the law and TDCJ-CJAD standards are maintained and provided to TDCJ-CJAD as required.
6. (f) Budget. The CSCD director shall prepare and operate from a budget in a manner consistent with good accounting practices and approved by the judge(s) of their judicial district. The budget shall be submitted to the TDCJ-CJAD director in a format as required and within the provisions as outlined in §163.43 of this title (relating to Funding and Financial Management).

7. (g) Multi-Department Districts.

   1. (1) Judicial districts composed of more than one county may apply to the TDCJ-CJAD director for authorization to establish more than one CSCD within the judicial district. The application submitted by the judge(s) shall explain how the creation of more than one department will promote:

      1. (A) administrative convenience;
      2. (B) economy; or
      3. (C) improved community supervision and corrections services, and other reasons, if any.
   2. (2) The application shall indicate the financial impact and the approval of the judges in the judicial district or districts hearing criminal cases affected by the change.
8. (h) Complaint Notice. Each CSCD shall notify the public, offenders and victims of crimes, that they can direct written complaints to the CSCD and/or TDCJ-CJAD. The notification shall be in the form of a sign posted in a conspicuous public area in each of the CSCD's offices, or shall be in the form of written brochures which are to be displayed in a conspicuous public area in each of the CSCD's offices. The signs/brochures shall be written in both English and Spanish and shall list the address of the CSCD director and TDCJ-CJAD's address and shall inform persons that attempts should first be made to resolve complaints locally; unsatisfactory results may be reported to TDCJ-CJAD.
9. (i) Compliance With Statutes and TDCJ-CJAD Policy Statements. CSCD directors shall ensure that all CSCD operations comply with all applicable local, state, and federal laws and TDCJ-CJAD policy statements and official manuals pertaining to CSCDs.

10. (j) Citizen Involvement and Volunteers. If volunteers are used, the CSCD director shall ensure that suitable orientation and supervision is provided in the functions they will be expected to perform. CSCDS are encouraged to establish and maintain opportunities for effective volunteer participation in CSCD operations. If volunteers are used, the CSCD director shall:

    1. (1) ensure that written policy, procedure, and practice exists for guiding the selection and utilization of citizen involvement; and
    2. (2) Require volunteers to acknowledge and comply with all departmental rules governing the confidentiality of information.

11. (k) Victim Services. The criminal justice system recognizes the many stakeholders affected by crime and wishes to acknowledge crime victims' interests and right to be informed, heard and protected by the system. With that goal in mind, standards are incorporated to facilitate the participation of crime victims within community supervision.

    1. (1) Training. CSCD Victim Services Coordinators shall obtain not less than 8 documented hours of professional skill based training within the first biennium of appointment to the position of victim service coordinator. Training shall be specific to community supervision and should include:

       1. (A) Victims Rights;
       2. (B) Victim Sensitivity;
       3. (C) Confidentiality Issues; and
       4. (D) Crime Victims Compensation.

    2. (2) Policy and Procedures. Each CSCD shall adopt written policies and procedures regarding:

       1. (A) Victim notification of offenders placed on community supervision; and
       2. (B) Offender information that may be released to victims.

    3. (3) Notification to victims would include the information specified in Texas Government Code Annotated, Section §76.016:

       1. (A) The offender being placed on community supervision;
       2. (B) The conditions of community supervision; and
       3. (C) The date, time, and location of any hearing or proceeding that would modify the conditions of supervision or the offenders' placement on community supervision.

    4. (4) Information that is public record may be released to the victim. This would include:

       1. (A) Court ordered community supervision identifying the department with jurisdiction;
       2. (B) A written copy of the conditions of supervision;
       3. (C) The name of the supervising officer;
       4. (D) Victim service coordinator contact information;
       5. (E) Motion to revoke supervision being filed and the results of the motion;
       6. (F) Information regarding the transfer of offender to another jurisdiction and contact information; and
       7. (G) Information that the offender has been placed in residential confinement and release from confinement.

    5. (5) Other information that may be released would include information that the victim would have knowledge of:

       1. (A) Restitution not being paid; and
       2. (B) Additional sanctions for non-compliance of the defendant.

Source Note:The provisions of this §163.21 adopted to be effective January 2, 1992, 16 TexReg 7539; amended to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2003, 28 TexReg 3065.