1. (a) Definitions. The following words and terms, when used in this section, shall be defined as follows and apply to both felonies and misdemeanors, unless the context clearly indicates otherwise.

   1. (1) Case--An offender assigned to a CSO for supervision.
   2. (2) Direct Supervision--Offenders who are legally on community supervision and who work or reside in the jurisdiction in which they are being supervised and receive a minimum of one face-to-face contact with a CSO every three months. Direct supervision begins at the time of initial face-to-face contact with an eligible CSO. Local CSCDs may maintain direct supervision of offenders living and/or working in adjoining jurisdictions if the CSCD has documented approval from the adjoining jurisdictions.
   3. (3) Face-to-face Contact--A CSO communicates in person with the offender.
   4. (4) Field Visit--A CSO communicates in person with the offender at the offender's place of residence or at another location outside the CSCD office.

   5. (5) Indirect Supervision--Maintenance of a file and/or record of an offender under supervision who meets one of the following criteria:

      1. (A) an offender who neither resides nor works within the jurisdiction of the CSCD and who receives the supervision in other jurisdictions;
      2. (B) an offender who neither resides nor works within the jurisdiction but continues to submit written reports on a monthly basis because he is ineligible or unacceptable for supervision in another jurisdiction;
      3. (C) an offender who has absconded or who has not contacted his CSO in person within three months;
      4. (D) an offender who resides or works in the jurisdiction, but who, while in compliance with the orders of the court, nevertheless does not meet the criteria for direct supervision; or
      5. (E) offenders who reside and work outside the jurisdiction but report in person and who do not fall under paragraph (2) of this subsection.

2. (b) System of Offender Supervision. CSCD directors shall develop a system of offender supervision that is based upon, but not limited to:

   1. (1) the jurisdiction's profile of revoked offenders;
   2. (2) the jurisdiction's profile of offenders under direct community supervision;
   3. (3) the offender's identified risk and needs;
   4. (4) availability of sanctions, programs, services, and community resources;
   5. (5) applicable law and TDCJ-CJAD standards and policy; and
   6. (6) policies of the local judiciary.

3. (c) Supervision Process. CSOs shall provide direct supervision for cases to include, but not be limited to, the following tasks.

   1. (1) Orientation/Intake. An orientation/intake session with the offender shall be conducted after the court has placed the defendant under supervision. This session shall include a thorough discussion of the conditions of community supervision and terms of release. The CSO shall determine that the offender has received a copy of the conditions of community supervision or terms of release ordered by the court as provided by law.
   2. (2) Assessments. An assessment process that gathers relevant and valid information shall be completed on every offender. This process shall specifically address the offender's risk factors, need areas, obstacles to meeting those needs, offender strengths, and offender resources. The CSO shall request specialized assessments for offenders when it is determined that alcohol or drug abuse contributed to the offense and pursue specialized evaluations when they would significantly assist in the development of appropriate supervision plans for special needs offenders.
   3. (3) Case Classification. Within two months of the date of community supervision placement, acceptance of a transfer case, or discharge from any residential facility, jail, or institution, the CSO shall complete an approved TDCJ-CJAD case classification instrument to assist in the evaluation of the degree of supervision needed by each individual based on the offender's risk and/or needs. Within ten working days of the date of an offender's admission to a Community Corrections Facility (CCF), the CSO assigned to supervise the offender in the facility shall complete the TDCJ-CJAD case classification/assessment instrument.
   4. (4) Strategies for Case Supervision (SCS) Assessments. Within two months of the date of community supervision placement, acceptance of a transfer case, or discharge from any residential facility, jail, or institution, the CSO shall conduct a SCS assessment on each felony offender classified as maximum on case classification, unless a SCS was previously completed. While the SCS assessment may be a useful case management tool, it is not required for offenders during participation in residential programs.
   5. (5) Case Supervision or Treatment Plan. Within two months of the date of the most recent community supervision placement, acceptance of a transfer case, or discharge from any residential facility, the CSO shall develop a written individualized case supervision or treatment plan based on the offender's risk and need factors to address specific problem areas and assist the offender to achieve responsible behavior. The supervision or treatment plan shall be completed within ten working days from the date of an offender's admission to a CCF.
   6. (6) Reassessments. CSOs shall reevaluate risk and need factors and supervision plans at least every 12 months for all direct cases. An approved TDCJ-CJAD reassessment shall be completed any time a significant change occurs in the status of the offender. Any necessary modification of the supervision plan shall be indicated in writing in the case file. Upon discharge from a residential facility, the CSO assigned to supervise the offender in the facility shall complete a discharge plan.
   7. (7) Supervision Contacts. CSOs shall make face-to-face, field visit, telephone, and collateral contacts with the offender, family, community resources, or other persons pursuant to and consistent with a supervision plan and the level of supervision on which the offender is being supervised. Each CSCD director shall establish supervision contact and casework standards at a level appropriate for that jurisdiction, but in all cases, offenders at increased levels of supervision because of assessments of greater risk or special needs shall receive a higher level of contacts than offenders at lower levels of supervision. The nature and extent for supervision contacts with offenders shall be specified in the CSCD's written policies and procedures.
   8. (8) Documentation in Supervision Case Files. CSOs shall use a problem oriented record keeping system to document all significant actions, decisions, services rendered, and periodic evaluations in the offender's case file, including, but not limited to, the offender's status regarding the level of supervision, compliance with the conditions of community supervision, progress with the supervision plan, and responses to intervention.
   9. (9) Violations. CSCD directors shall work in conjunction with the local judiciary to specify written policies and procedures under Texas Code of Criminal Procedure, art 42.12, §10 wherein CSOs may make recommendations to the courts regarding violations of conditions of community supervision, as well as when violations may be handled administratively. The availability of the continuum of sanctions or alternative to incarceration shall be considered by the CSO and recommended to the court in eligible cases as determined appropriate by the jurisdiction.
   10. (10) Courtesy Supervision. Except in cases of non-CSCD residential facility placements, courtesy supervision shall be requested if an offender will be in another jurisdiction for more than 30 days, except when good cause can be shown. Only the court retaining jurisdiction over a defendant has the authority to modify or alter a condition of community supervision. CSCD directors shall ensure that CSOs providing direct supervision to offenders transferred from other Texas jurisdictions shall fully enforce the order of the court that placed the individual on community supervision. It is the responsibility of the offender to comply with the conditions of community supervision as imposed by the court. CSCD directors shall ensure that CSOs provide the same level of supervision to courtesy cases as they do for the offenders in their jurisdiction. When transferring a case for courtesy supervision, the documents necessary for transfer shall include, at a minimum, the transfer form, the court order placing the person on community supervision citing all conditions of community supervision, the offense report, criminal history, tracking number (TRN) and state identification (SID) number, the pre/post-sentence investigation report where legally mandated, and any assessments that have been completed. CSCD directors who decline to provide courtesy supervision to offenders from other jurisdictions shall immediately notify the original jurisdiction of the reasons for declining courtesy supervision.
   11. (11) Transporting Offenders. CSOs shall not transport offenders held in a county jail pursuant to an arrest warrant. All other transportation of offenders shall be in accordance with the CSCD's policies and/or pursuant to a court order.

Source Note:The provisions of this §163.35 adopted 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.