1. (a) General Administration.

   1. (1) Purpose. Residential facilities and contract residential beds funded by TDCJ-CJAD shall provide the courts with a sentencing alternative for the purpose of:

      1. (A) confining offenders placed on community supervision and others who are eligible in accordance with statutes;
      2. (B) providing sanctions, services, and programs to modify criminal behavior, deter criminal activity, protect the public and restore victims of crime ; and
      3. (C) strengthening and expanding the options that are available to judges to impose alternatives other than imprisonment for offenders who violate court-ordered conditions of community supervision.
   2. (2) Feasibility studies. A judicial district interested in establishing a residential Community Corrections Facility (CCF) or County Correctional Center (CCC) shall first conduct and prepare a feasibility study in accordance with the TDCJ-CJAD Feasibility Study Guidelines-Community Corrections Facility (January 2002). The product and results of such feasibility study shall be submitted to TDCJ-CJAD. After the receipt by TDCJ-CJAD of the initial feasibility study related to a proposed CCF, the CSCD/agency may be required to provide supplemental information or additional materials for further review and consideration.

   3. (3) Notice of Construction or Operation of a CCF or Other Facilities.

      1. (A) If a CSCD or private vendor operating under a contract with a CSCD or judicial district proposes to construct or operate a CCF or other correctional or rehabilitation facility within 1,000 feet of a residential area, a primary or secondary school, property designated as a public park or public recreation area by the state or a political subdivision of the state, or a church, synagogue, or other place of worship, the CSCD must prominently post an outdoor sign at the proposed location of the facility. The sign must be at least 24 by 36 inches in size written in lettering at least two inches in size. The sign must state that a correctional or rehabilitation facility is intended to be located on the premises, and provide the name and business address of the CSCD. The municipality or county in which the CCF or other correctional or rehabilitation facility is to be located may require the sign to be both in English and a language other than English if it is likely that a substantial number of the residents in the area speak a language other than English as their familiar language.
      2. (B) The CSCD must provide notice of the proposed location of the facility to the commissioners court of the county and/or governing body of the municipality where the facility is intended to be located if the commissioners court or governing body has submitted, by resolution, a written request to receive notice.

   4. (4) Public Meetings. A CSCD or private vendor having a contract with a CSCD or judicial district may not establish a CCF or other correctional or rehabilitation facility unless the community justice council serving the CSCD has held a public meeting before the action is taken. In addition, a CSCD may not expend funds provided by TDCJ-CJAD to lease or purchase real property, construct buildings, or use a facility or real property acquired or improved with state funds for a CCF unless the community justice council serving the CSCD has held a public meeting before the action is taken. The public meeting must be held at a site as close as practicable to the location at which the proposed action is to be taken. The meeting must not be held on a Saturday, Sunday, or legal holiday. The meeting must begin after 6:00 p.m. More than 30 days before the date of the meeting, the department that the facility is to serve, or a vendor proposing to operate a facility, at a minimum must:

      1. (A) publish by advertisement in three consecutive issues of a newspaper of, or in newspapers that collectively have, general circulation in the county in which the proposed facility is to be located a notice that is not less than 3 1/2 inches by 5 inches containing the following information:

         1. (i) the date, hour, place, subject of the hearing;
         2. (ii) address of the facility or property on which a proposed action is to be taken; and
         3. (iii) a description of the proposed action
      2. (B) mail a copy of the notice to each police chief, sheriff, city council member, mayor, county commissioner, county judge, school board member, state representative, and state senator who serves or represents the area, unless the proposed facility has been previously authorized to operate at a particular location by a community justice council.
   5. (5) Maximum Resident Capacity and Facility Utilization. The maximum resident capacity of a CCF or CCC shall be defined as the total number of offenders who can be housed at the facility at any given time as delineated by the operating agency in the most current community justice plan and approved by the TDCJ-CJAD director. CCFs and CCCs funded through TDCJ-CJAD shall reach 90% capacity within the first six months of operation and maintain a minimum of 90% thereafter, utilizing appropriate and eligible placements only. Any revisions to the maximum and minimum resident capacities for the CCF or CCC shall be subject to the approval by TDCJ-CJAD through the community justice plan amendment process.
   6. (6) Contract Residential Services. Business entities, agencies or persons contracting with CSCDs or judicial districts for residential services shall comply with all applicable competitive bidding and other laws and regulations. CSCDs or judicial districts contracting with business entities, agencies or persons for residential services shall comply with any applicable competitive bidding and other laws and regulations. The CSCD director shall monitor, audit, and inspect the performance and compliance of the service provider and vendor with the terms and conditions of their contract with the CSCD and with applicable laws and regulations.
   7. (7) Mission Statement. The CSCD director and Facility director shall prepare and maintain a mission statement that describes the general purposes and overall goals of the facilities programs.

2. (b) Personnel.

   1. (1) Screening for Tuberculosis Infection. The CSCD director or Facility director shall ensure that as soon as practicable but not later than within 7 calendar days of assuming any duties within a CCF or CCC, all staff undergo a screening for tuberculosis infection. Follow-up screening for tuberculosis infection shall be conducted on all staff, at a minimum, once every year from the anniversary date of the initial screening. The results of all screenings shall be maintained on file.
   2. (2) Employment Coordinator. Each Restitution Center shall have a designated employment coordinator whose primary duties and responsibilities include assisting offenders in obtaining/maintaining employment. The employment coordinator shall be responsible for addressing other employment issues for offenders such as resumé development, interviewing skills/techniques, and appropriate dress for job interviews.
   3. (3) Criminal Histories and Arrest Records. Prior to employment, and on at least an annual or more frequent basis thereafter, criminal histories and arrest records shall be obtained from both the Texas Department of Public Safety and National Crime Information Center on each of the CCF's or CCC's employees, contract vendor staff (if applicable) and volunteers. This requirement shall apply to both vendor contract and CSCD operated CCFs and CCCs. Copies of the criminal history and arrest information and records shall be retained in the individual's personnel file.

3. (c) Building, Safety, Sanitation and Health Codes.

   1. (1) Compliance. The CSCD director and Facility director and personnel shall ensure that facility's construction, maintenance, and operations complies with all applicable state, federal and local laws, building codes and regulations related to safety, sanitation and health. Records of compliance inspections, audits, or written reports by internal and external sources shall be kept on file for examination and review by TDCJ-CJAD and other governmental agencies and authorities for all time periods from project or program inception forward. The CSCD director and Facility director shall promptly notify the TDCJ-CJAD in writing of any circumstances wherein the facility or its operations do not maintain such compliance.
   2. (2) Water supply. The CSCD directors or designees shall ensure that the facility's potable water source and supply must be sanitary and be approved by an independent, qualified agency or individual to be in compliance with the applicable governmental laws and regulations.
   3. (3) Sanitation. The facility audits operations shall conform with the applicable sanitation and health regulations and codes.
   4. (4) Waste. The liquid and solid wastes related to the facility audits operations shall be collected, stored and disposed of in accordance with an approved plan by the appropriate regulatory authority, agency, or department.
   5. (5) Physical plant. The facility's buildings, including the improvements, fixtures, electric, and heating and air conditioning, shall conform to all applicable building codes of federal, state and local laws, ordinances, regulations, and minimum guidelines established by the TDCJ-CJAD for physical plants and facilities housing offenders.
   6. (6) Fires. The facility, its furnishings, fire protection equipment and alarm shall comply with the regulations of the fire authority having jurisdiction. There shall be a written evacuation plan to be used in the event of a fire. The plan is to be certified by an independent qualified governmental agency or department or individual trained in the application of national and state fire safety codes. Such plan shall be reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. The facility shall have a qualified person conduct a fire inspection at least quarterly or at other intervals approved by the fire authority having jurisdiction. Fire safety equipment located at the facility shall be tested as specified by the manufacturer or the fire authority, whichever is more frequent. An annual inspection of the facility shall be secured from the fire authority having jurisdiction or other qualified person(s).

   7. (7) Emergency Plans. There shall be written emergency plans for the facility and its operations, which include an evacuation plan, to be used in the event of a major flood, storm, or other emergencies. This plan is reviewed annually and updated, if necessary. Evacuation drills are to be conducted at least monthly. Each shift at least every quarter must have conducted an evacuation drill when the majority of offenders are present. All facility personnel must be trained in the implementation of written emergency plans. The evacuation plan should specify preferred evacuation routes, subsequent dispositions and temporary housing of offenders, and provision for access to medical care or hospital transportation for injured offenders and/or staff. The facility's emergency plan(s) shall be distributed to local authorities such as law enforcement, state police, civil defense, etc. to keep them informed of their roles in the event of an emergency. Such emergency plan(s) shall include the following:

      1. (A) location of buildings/room floor plan;
      2. (B) use of exit signs and directional arrows that are easily seen and red; and
      3. (C) location(s) of publicly posted plan.
4. (d) Separate Inmate Housing. The CSCD director and Facility director shall ensure that a facility that is part of or attached to a detention facility or a correctional institution shall house facility offenders separately from the inmates. At no time shall CCF or CCC residents/offenders be co-mingled with inmates.

5. (e) Program and Service Areas.

   1. (1) Space and Furnishings. The facility shall have space and furnishings to accommodate activities such as group meetings, private counseling, classroom activities, visitation, and recreation.
   2. (2) Housekeeping and Maintenance. The CSCD director and Facility director shall ensure that the facility is clean and in good repair, and a housekeeping and maintenance plan is in effect.

   3. (3) Other Physical Environment and Facilities Issues. There shall be written policy and procedures to ensure the following with respect to the CCF and CCC:

      1. (A) Space shall be provided for janitor closets which are equipped with cleaning implements.
      2. (B) There shall be storage areas in the facility for clothing, bedding, and cleaning supplies.
      3. (C) There shall be clean, usable bedding, linen, and towels for new residents with provision for exchange or laundering on at least a weekly basis.
      4. (D) On an emergency or indigent basis, the facility shall provide personal hygiene articles.
      5. (E) There shall be adequate control of vermin and pests.
      6. (F) There shall be timely trash and garbage removal.
      7. (G) Sanitation and safety inspections of all internal and external areas and equipment shall be performed and documented on a routine basis to protect the health and safety of all residents, staff, and visitors.

6. (f) Supervision.

   1. (1) Operations Manual. An operations manual shall be prepared for and used by each CCF and CCC which shall contain information and specify procedures and policies for offender census, contraband, supervision, physical plant inspection and emergency procedures, including detailed implementation instructions. Such operation manual shall be accessible to all employees and volunteers. The operations manual shall include, at a minimum, the matters set forth in the Guidelines for the Policies and Procedures of TDCJ-CJAD Funded Residential Facilities , dated October 31, 2001 . The operations manual shall be submitted to the TDCJ-CJAD Director for review and approval, and such manual must have been approved by the TDCJ-CJAD director at least 60 days prior to acceptance of offenders into the facility. Offenders cannot be accepted into the facility until approval is granted by the TDCJ-CJAD. The CSCD director and Facility director shall ensure that the operations manual is reviewed at least every two years, and new or revised policies and procedures are made available, including all changes, prior to implementation to designated staff and volunteers. This manual shall be submitted to TDCJ-CJAD upon request or for auditing purposes.
   2. (2) Staffing Availability. The CSCD director and Facility director shall ensure that the facility has the staff needed to provide coverage of designated security posts, surveillance of offenders and to perform ancillary functions. The facility shall have at least one staff member, on duty, who is the same gender as the resident population.
   3. (3) Activity Log. The CSCD director and Facility director shall ensure that CCF and CCC staff maintain an activity log and prepare shift reports that record, at a minimum, emergency situations, unusual situations, unusual incidents and record all absences of offenders from a facility.
   4. (4) Use of Force. The CSCD director and Facility director shall ensure that a CCF and CCC has written policies, procedures, and practices that restrict the use of physical force to instances of self-protection, protection of offenders or others or prevention of property damage. In no event is the use of physical force against an offender justifiable as punishment. A written report shall be prepared following all uses of force , and all such written reports shall be promptly submitted to the CSCD director and Facility director for review and follow-up. The application of restraining devices, aerosol sprays, chemical agents, etc. shall be accomplished in an emergency by any individual in self-protection, protection of others or other circumstances as described previously.
   5. (5) Use of Firearms. The CSCD director and Facility director shall ensure that the possession of firearms by staff is banned and use of firearms is prohibited in or on facility property except in the execution of official duties by certified peace officers or other duly licensed law enforcement personnel.
   6. (6) Access to Facility. The facility shall be secured to prevent unrestricted access thereto by the general public or others without proper authorization.
   7. (7) Control of Contraband/Searches. There shall be policies defining facility shakedowns, strip searches, and pat searches of residents to control contraband and provide for its disposal.

   8. (8) Levels of Security. The CSCD director and Facility director must ensure that levels of security appropriate for the population served by the facility are maintained at all times. These levels of security must create, as a minimum, a monitored and structured environment in which a resident's interior and exterior movements and activities can be supervised by specific destination and time. The facility director or designee may, in his or her discretion, grant offenders exterior movements. Exterior movements include, but are not limited to employment programs, community service restitution, support/treatment programs, and programmatic incentives. The following minimum requirements must be met for all exterior movements:

      1. (A) the facility director or designee approves the exterior movement;
      2. (B) a staff member orally advises the offender of the conditions and limitations of the exterior movement;
      3. (C) the offender acknowledges in writing an understanding of the conditions and limitations of the exterior movement;

      4. (D) exterior movements involving programmatic incentives may only be granted if the following additional requirements are met:

         1. (i) the offender meets all established requirements for the programmatic incentive, as determined by the supervisor of the program, and submits a written request for the exterior movement;
         2. (ii) the requested absence will not exceed 72 hours unless there are unusual circumstances;
         3. (iii) the offender provides an itinerary for the absence including method of travel, departure and arrival times, and locations during the exterior movement;
         4. (iv) the facility director or designee approves the itinerary and establishes the conditions of the exterior movement involving programmatic incentives ; and

   9. (9) Emergency furloughs. The facility director or designee may, in his or her discretion, grant an emergency furlough to an offender for the purpose of allowing the offender to attend a funeral, visit a seriously ill person, obtain medical treatment, or attend to other exceptional business. Emergency furloughs may only be granted if the following conditions are met:

      1. (A) the offender submits a written request for the emergency furlough;
      2. (B) the facility director verifies through an independent source including, but not limited to a physician, Red Cross representative, minister , rabbi, priest, or other spiritual leader that the presence of the offender is appropriate;
      3. (C) the offender provides proposed itinerary including method of travel, departure and arrival times, and locations during the emergency furlough;
      4. (D) the requested absence will not exceed 72 hours unless there are unusual circumstances;
      5. (E) the court of original jurisdiction approves the travel if the offender will depart the State of Texas;
      6. (F) the facility director approves the itinerary and establishes the conditions of the emergency furlough; and
      7. (G) the facility director or designee shall notify by sending an electronic or fax copy of the approved itinerary to the director of the CSCD of the court of the original/sending jurisdiction prior to the date that the emergency furlough is approved to begin;
      8. (H) a staff member makes random announced and/or unannounced personal or telephone contacts with the offender to verify the location of the offender during the emergency furlough.
7. (g) Client Abuse, Neglect, and Exploitation. The facility must protect the offender residents from abuse, neglect and exploitation.

8. (h) Rules and Discipline. There shall be documentation of program rule violations and the disciplinary process.

   1. (1) Rules of Conduct. All incoming offenders and staff shall receive written rules of conduct which specify acts prohibited within the facility and penalties that can be imposed for various degrees of violation.

   2. (2) Limitations of Corrective Actions. Specific limits on corrective actions and summary punishment shall be established and strictly adhered to in an effort to reduce the potential of staff participating in abusive behavior towards participants. Limits shall include:

      1. (A) no physical contact by staff shall be made on a participant;
      2. (B) no profanity, sexual, or racial comments shall be directed by staff at participants;
      3. (C) program participants shall not be utilized to impose corrective actions on other participants;
      4. (D) the severity of the corrective action imposed shall be commensurate with the participant's program status;
      5. (E) the severity of the corrective action shall be commensurate with the severity of the infraction; and,
      6. (F) the duration of corrective action shall be limited to the minimum time necessary to achieve effectiveness.
   3. (3) Grievance Procedure. A grievance procedure shall be available to all offenders in CCFs. Such grievance procedure shall include at least one level of appeal, and shall be evaluated at least annually to determine its efficiency and effectiveness.

9. (i) Incident Notification. Within 24 hours of occurrence, the CSCD director and Facility director shall notify and report by telephone or fax all serious or unusual events pertaining to the facilities operations, staff, and residents to: the judge or one of the judges supervising the department and the TDCJ Emergency Action Center (EAC) in Huntsville, Texas. Phone number (936) 437-1448; fax number (936) 437-1912, and if applicable, the CSCD director of the original/sending jurisdiction if the incident involves a resident from that sending jurisdiction. The EAC shall be responsible for notifying the TDCJ-CJAD Director and appropriate CJAD management staff. Such serious and unusual events for this purpose shall include, but are not limited to the following:

   1. (1) the death of an offender or staff member while at the facility;
   2. (2) any incident which results in life threatening or serious bodily injury to a an offender resident or staff member while at the facility or on assignment (including emergency furloughs or programmatic incentives) away from the facility; and
   3. (3) major disturbance or riot at the facility or in its vicinity.
10. (j) Offenders' Rights. Offenders shall be granted access to courts, counsel, and confidential contact with attorneys and their authorized representatives. Such contacts include, but are not limited to: telephone communications, uncensored correspondence, and visits.

11. (k) Offender Eligibility. A CSCD or other governmental entity that operates a residential facility, contracts for the operation of a residential facility, or contracts for beds/services, shall define a specific target population of offenders to be served. Placement of offenders in a CCF shall only be by an order of the court and shall meet minimum eligibility criteria as outlined in this section.

    1. (1) CCFs shall accept only those offenders who are physically and mentally capable of participating in any program offered at the facility that requires strenuous physical activity, if participation in the program is required of all residents of the facility.

    2. (2) Offenders are eligible for placement into a CCF:

       1. (A) unless otherwise prohibited by statute;
       2. (B) if the offender matches the profile of offenders historically committed to county jail/prison from the jurisdiction; or the offender has high risk/needs, who, if supervised at a lower supervision level would have an increased likelihood of violating the conditions of community supervision; and
       3. (C) the local jurisdiction may house offenders convicted under Title 5, Texas Penal Code, and in accordance with statute, in its CCF if Title 5 offenders are included in the facility's program proposal within the community justice plan that is submitted by the jurisdiction's Community Justice Council and approved by the local judiciary. In currently operating facilities where the jurisdiction desires to add Title 5 offenders to their target population, a public meeting must be held, in accordance with the law and TDCJ-CJAD standards and policy, to advise the public of the types of offenders/offenses who will potentially be placed in the facility. Public support will be considered by TDCJ-CJAD for final approval of the change in offender population to be targeted. If a jurisdiction has documentation that this requirement was previously met, it can provide that documentation to TDCJ-CJAD for review and possible exemption from having an additional public meeting; and
       4. (D) If a facility is approved to house Title 5 offenders, the CSCD director and the facility director shall comply with all applicable provisions contained in the Texas Government Code, §76.016 Victim Notification, the Texas Code of Criminal Procedure (TCCP) Chapter 56, Rights of Crime Victims, and TCCP Article 42.21. Notice of Release of Family Violence Offenders.

    3. (3) Offenders are eligible for placement into a Restitution Center:

       1. (A) unless otherwise prohibited by statute;
       2. (B) the offender must be employable; and
       3. (C) prior to or within ten days after admission to the facility, the offender shall undergo a screening process to determine the offender's appropriateness for placement. The process shall be documented and maintained in the supervision case file.

    4. (4) Offenders are eligible for placement into County Correctional Centers (CCC):

       1. (A) if convicted of a misdemeanor and sentenced to a term of confinement in the county jail;
       2. (B) in lieu of jail time as a condition of misdemeanor or felony community supervision;
       3. (C) in lieu of jail time as a punishment for violation of conditions of community supervision; or,
       4. (D) if required as a condition of community supervision to participate in a work program or counseling program through a CCC.

    5. (5) Offenders are eligible for placement into a Boot Camp:

       1. (A) if prior to placement, or within ten days after admission, the offender undergoes a physical examination to determine any medical problems that may prevent the offender from satisfactorily participating in the program. The physical examination report shall be maintained in the offender's medical file; and
       2. (B) if prior to placement, or within ten days after admission, the offender undergoes a psychological screening to determine any psychological problems that may prevent the offender from satisfactorily participating in the program. The psychological screening report shall be maintained in the offender's medical file.
12. (l) Courtesy Supervision. CCFs or CCCs shall, on a space available basis, accept eligible adult offenders needing the residential services on courtesy supervision from other jurisdictions. CSCDs that manage CCFs or CCCs are responsible for the direct supervision of all offenders in the CCF or CCC while in the residential placement.
13. (m) Denying Admission or Continued Placement. If an offender is placed into a CCF or a county correctional center as a condition of community supervision and the offender is an inappropriate placement, by statute or standard, or does not meet eligibility criteria of the facility as approved by the TDCJ-CJAD, the CSCD or Facility director who is responsible for the management of the CCF/CCC shall notify, in writing, the court of original jurisdiction of these circumstances. If a CCF or CCC facility has reached capacity at the time of the eligible offender's placement to that facility, such offender may be placed on a waiting list for that facility and returned to the court of original jurisdiction for further instructions or an alternative sanction.

14. (n) Food Service. The food preparation and dining area must provide space for meal service based on the population size and need.

    1. (1) Dietary Allowances Meals shall be approved and reviewed annually by a registered dietician or licensed nutritionist to ensure that they meet the nationally recommended allowances for basic nutrition.
    2. (2) Special Diets Each facility shall provide for special diets as prescribed by appropriate medical or dental personnel.
    3. (3) Food Service Management. Food service operations shall be supervised by a staff member who is experienced in institutional food preparation or mass food management. All food services staff, including offenders assigned to work in the facility kitchen, shall meet all requirements established by the local health authorities.
    4. (4) Exclusion as Discipline. The use of food as a disciplinary measure is prohibited.
    5. (5) Meal Requirements. CSCD directors or Facility director shall ensure that at least three meals (including two hot meals) are provided during each 24-hour period. Variations may be allowed based on weekend and holiday food service demands, or in the event of emergency or security situations, provided basic nutritional goals are met.

15. (o) Health Care.

    1. (1) Access To Care.

       1. (A) Offenders shall have unimpeded access to health care and to a system for processing complaints regarding health care.
       2. (B) The facility has a designated health authority with responsibility for health care pursuant to a written agreement, contract, or job description. The health authority may be a physician, health administrator, or health agency.
       3. (C) Each CCF shall have a policy defining the level, if any, of financial responsibility to be incurred by the offender who receives the medical or dental services.

    2. (2) Emergency Health Care.

       1. (A) Twenty-four hour emergency health care is provided for offenders, which included arrangements for the following:

          1. (i) On site emergency first aid and crisis intervention;
          2. (ii) Emergency evacuation of the offender from the facility;
          3. (iii) Use of an emergency vehicle;
          4. (iv) Use of one or more designated hospital emergency rooms or other appropriate health facilities;
          5. (v) Emergency on-call physician, dentist, and mental health professional services when the emergency health facility is not located in a nearby community; and
          6. (vi) Security procedures providing for the immediate transfer of offenders, when appropriate.

       2. (B) A training program for Direct Care personnel is established by a recognized health authority in cooperation with the Facility director that includes the following:

          1. (i) Signs, symptoms, and action required in potential emergency situations;
          2. (ii) Administration of first aid and cardiopulmonary resuscitation (CPR);
          3. (iii) Methods of obtaining assistance;
          4. (iv) Signs and symptoms of mental illness, retardation, and chemical dependency; and
          5. (v) Procedures for patient transfers to appropriate medical facilities or health-care providers.
       3. (C) First aid kits are available in designated areas of the facility. Contents and locations are approved by the health authority.

    3. (3) Health Screening and Medical Examinations. Medical, dental and mental health screening exam is performed by health-trained or qualified health-care personnel on all offenders prior to placement or within 10 days of placement. The screening includes the following:

       1. (A) Inquiry into:

          1. (i) Current illness and health problems, including venereal diseases and other infectious diseases;
          2. (ii) Dental problems;
          3. (iii) Mental health problems, including suicide attempts or ideation;
          4. (iv) Use of alcohol and other drugs, which includes types of drugs used, mode of use, amounts used, frequency of use, date or time of last use, and a history of problems that may have occurred after ceasing use (for example, convulsions); and
          5. (v) Other health problems designated by the responsible physician.

       2. (B) Observation of:

          1. (i) Behavior, which includes state of consciousness, mental status, appearance, conduct, tremor and sweating;
          2. (ii) Body deformities, ease of movement, and so forth; and
          3. (iii) Conditions of skin, including trauma markings, bruises, lesions, jaundice, rashes and infestations, and needle marks or other indications of drug abuse.
       3. (C) Medical examinations are conducted for any employee or offender suspected of having a communicable disease.

    4. (4) Serious and Infectious Diseases.

       1. (A) The facility provides for the management of serious and infectious diseases.

       2. (B) CCF's and CCC's shall have policies and procedures to direct actions to be taken by employees concerning offenders who have been diagnosed with HIV, including, at a minimum, the following:

          1. (i) When and where offenders are to be tested;
          2. (ii) Appropriate safeguards for staff and offenders;
          3. (iii) Staff and offender training;
          4. (iv) Issues of confidentiality; and
          5. (v) Counseling and support services.
    5. (5) Dental Care. Access to dental care is made available to each offender.

    6. (6) Medications.

       1. (A) Policy and procedure direct the possession and use of controlled substances, prescribed medications, supplies, and over-the-counter drugs. Prescribed medications are administered according to the directions of the prescribing physician.
       2. (B) If medications are distributed by facility staff, records are maintained and audited monthly, and include the date, time, and name of the resident receiving the medication, and the name of the staff distributing it.
    7. (7) Female Offenders. If female offenders are housed, access to pregnancy management services is made available.
    8. (8) Mental Health. Access to mental health services is made available to offenders.
    9. (9) Suicide Prevention. There is a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All staff with offender supervision responsibilities are trained in the implementation of the suicide prevention program.

    10. (10) Personnel.

        1. (A) If treatment is provided to offenders by health-care personnel other than a physician, dentist, psychologist, optometrist, podiatrist, or other independent provider, such treatment is performed pursuant to written standing or direct orders by personnel authorized by law to give such orders.
        2. (B) If the facility provides medical treatment, personnel who provide health-care services to offenders are qualified and appropriately licensed. Verification of current credentials and job descriptions are on file in the facility. Appropriate state and federal licensure, certification, or registration requirements, and restrictions apply.
    11. (11) Informed Consent. If the facility provides medical treatment, offenders make medical decisions with informed consent. All informed consent standards in the jurisdiction are observed and documented for offender care.
    12. (12) Participation in Research. Offenders do not participate in medical, pharmaceutical, or cosmetic experiments. This does not preclude individual treatment of an offender based on his or her need for a specific medical procedure that is not generally available.
    13. (13) Notification. Individuals designated by the offender are notified in case of serious illness or injury.

    14. (14) Health Records.

        1. (A) If medical treatment is provided by the facility, accurate health records for offenders are maintained separately and confidentially.
        2. (B) If medical treatment is provided by the facility, the method of recording entries in the records, the form and format of the records, and the procedures for their maintenance and safekeeping are approved by the health authority.
        3. (C) If medical treatment is provided by the facility, for the offenders being transferred to other facilities, summaries or copies of the medical history record are forwarded to the receiving facility prior to or at arrival.

16. (p) Discharge.

    1. (1) Victim Notifications. The CSCD director and Facility director shall ensure there are procedures, policies and practices that comply with Texas Government Code §76.016 and other applicable laws as to the notifications to be made to certain crime victims of offenders who are residents in its facilities or subject to its programs.

    2. (2) Discharge. Discharge from residential facilities shall be based on the following criteria:

       1. (A) the offender has made sufficient progress towards meeting the objectives of the supervision plan and program requirements;
       2. (B) the offender has satisfied a sentence of confinement;
       3. (C) the offender has satisfied a period of placement as a condition of community supervision;
       4. (D) the offender has demonstrated non-compliance with program criteria or court order;
       5. (E) the offender manifests a non-emergency medical problem that prohibits participation and/or completion of the residential program requirements;
       6. (F) the offender displays symptoms of a psychological disorder that prohibits participation and/or completion of the residential program requirements; or
       7. (G) the offender is identified as inappropriate or ineligible for participation in the residential program as defined by facility eligibility criteria, statute, or standard.
    3. (3) Discharge Report. The CSCD director and Facility director shall ensure that a report is prepared at the termination of program participation that reviews the offender's performance. A copy of the report shall be provided to the receiving CSCD supervision officer.

17. (q) Basic Services and Programs. Each facility shall, at a minimum, provide programs in the following areas which will include, but not be limited to:

    1. (1) education programs;
    2. (2) rehabilitation programs based on the mission of the facility;
    3. (3) community service restitution/work detail;
    4. (4) recreational programs; and
    5. (5) basic life skills programs.
18. (r) Mail, Telephone, and Visitation. The CSCD director and Facility director shall have written policies which govern the facility's mail, telephone, and visitation privileges for offenders, including mail inspection, public phone use, and routine and special visits. The policies shall address compelling circumstances in which an offender's mail both incoming and outgoing may be opened, but not read, to inspect for contraband.

19. (s) Religious Programs.

    1. (1) The CSCD director and Facility director shall have written policies that govern religious programs for offenders. The policies shall provide that offenders have the opportunity to voluntarily practice the requirements of their religious faith, have access to worship/religious services, and the use or contact with community religious resources, when appropriate.
    2. (2) Under Texas Civil Practice and Remedies Code, chapter 110, a CSCD or CCF may not substantially burden an offender's free exercise of religion except with the least restrictive measures in furtherance of a compelling interest. Pursuant to Texas Government Code §76.018, there is a presumption that a policy or practice that applies to an offender in the custody of a CCF is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. The presumption may be rebutted with evidence provided by the offender.

Source Note:The provisions of this §163.39 adopted to be effective April 15, 1997, 22 TexReg 3436; amended to be effective October 4, 1998, 23 TexReg 9775; amended to be effective June 11, 2000, 25 TexReg 5379; amended to be effective June 20, 2002, 27 TexReg 5220.