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; and
      2. (B) providing sanctions, services, and programs to modify criminal behavior, deter criminal activity, protect the public and restore victims of crime.
   2. (2) Feasibility Studies. The CSCD/agency interested in establishing a Community Corrections Facility or County Correctional Center shall conduct a feasibility study in accordance with TDCJ-CJAD residential guidelines for feasibility studies and provide the results to TDCJ-CJAD.

   3. (3) Notice of Construction or Operation of a Facility.

      1. (A) If a CSCD or private vendor operating under a contract with a CSCD proposes to construct or operate a 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 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 may not establish a community corrections 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 the Community Justice Assistance Division, acquire real property, or use a facility or real property acquired or improved with state funds for a community corrections facility 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, 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; and
      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 determined by the operating agency 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.
   6. (6) Contract Residential Facilities (CRF). CSCD directors or designees contracting for residential services to operate CCFs and CCCs with TDCJ-CJAD funds shall ensure that the contract residential service provider adheres to all applicable statutes, TDCJ-CJAD standards, policies, guidelines, and terms of the contract between the CSCD and the said provider.
   7. (7) Mission Statement. The CSCD director or designee shall maintain a mission statement that reflects the general purpose and overall goals of the program.

2. (b) Personnel.

   1. (1) Screening for Tuberculosis Infection. The CSCD director or designee shall ensure that prior to 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 resume development, interviewing skills/techniques, and appropriate dress for job interviews.

3. (c) Building and Safety Codes.

   1. (1) Compliance. CSCD directors or designees shall ensure that facility construction is in compliance with state statutes, codes, applicable federal laws, and local building and safety codes. Records of compliance inspections or audits shall be kept on file. The CSCD director or designee shall notify the TDCJ-CJAD if the facility does not maintain such compliance.

   2. (2) Fire, Safety, and Health and Sanitation Codes. The CSCD director or designee shall ensure that the facility complies with the applicable governmental regulations of the fire, safety, and health and sanitation authorities. Facility personnel shall plan and execute all reasonable procedures for the prevention and prompt control of fire so as to ensure the safety of staff, offenders, and visitors. Documentation of fire, safety, and health and sanitation inspections shall be provided to TDCJ-CJAD upon request. In the event that no applicable local, city, or county codes exist, state codes shall prevail. The facility shall also maintain compliance with minimum guidelines established by the TDCJ-CJAD for physical plants of CCFs. Fire prevention regulations and practices to ensure the safety of staff, offenders, and visitors shall include, but are not limited to:

      1. (A) provision of an adequate fire protection service;
      2. (B) a system of fire inspections and testing of equipment at least quarterly;
      3. (C) an annual inspection by local or state fire officials or other qualified person(s); and
      4. (D) available fire protection equipment at appropriate locations throughout the facility.
   3. (3) Contract Residential Services (CRS). CSCDs, sheriffs' departments, or other governmental entities that contract for residential beds/services shall ensure that CRS providers under contract through TDCJ-CJAD funds maintain compliance with local and state safety, health, and sanitation codes, and ordinances.
4. (d) Separate Inmate Housing. CSCD directors or designees 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.

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 or designee shall ensure that the facility is clean and in good repair.

   3. (3) Sanitation. There shall be written policy and procedures to ensure the following.

      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. The operations manual, which shall contain all procedures for facility security and supervision with detailed implementation instructions, shall be accessible to all employees and volunteers. The operations manual shall include, at a minimum, the guidelines as noted in the Guidelines for the Policies and Procedures of TDCJ-CJAD Funded Residential Facilities. The manual shall be approved by the TDCJ-CJAD director at least 60 days prior to acceptance of offenders into the facility and upon request thereafter. Offenders cannot be accepted into the facility until approval is granted by the TDCJ-CJAD. The CSCD director or designee shall ensure that the manual is reviewed at least annually and updated as necessary.
   2. (2) Staffing Availability. The CSCD director or designee 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 or designee shall ensure that staff maintain an activity log and prepare shift reports that record, at a minimum, emergency situations, unusual situations, unusual incidents and record all absences from a facility.
   4. (4) Use of Force. The CSCD director or designee shall ensure that policy defines the use of force to instances of self-protection, protection of offenders or others, prevention of property damage and only as a last resort in accordance with statutory authority. In no event is physical force justifiable as punishment. A written report shall be prepared following all uses of force and shall be submitted to the CSCD director or designee for review and follow-up. The application of restraining devices/chemical agents shall be accomplished in an emergency by any individual in self-defense or in the defense of another.
   5. (5) Use of Firearms. The CSCD director or designee 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 court orders by law enforcement personnel.
   6. (6) Access to Facility. The facility shall be secured to provide that offenders remain within the facility and to prevent access by the general public 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 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) a staff member makes random announced and/or unannounced personal or telephone contact(s) with the offender during the exterior movement;

      5. (E) 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; and
         4. (iv) the facility director or designee approves the itinerary and establishes the conditions of the exterior movement involving programmatic incentives.

   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 or designee verifies through an independent source including, but not limited to a physician, Red Cross representative, minister or a priest, 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 or designee approves the itinerary and establishes the conditions of the emergency furlough; and
      7. (G) 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) Safety and Emergency Procedures. A comprehensive written plan shall be formulated and implemented to ensure that offenders, as well as employees, shall remain protected in the event of emergencies, including mental/emotional aberrations, physical acting out, medical situations, riots, escapes, fires, and both natural and civil disasters.

   1. (1) Evacuation Plans. A written emergency evacuation plan shall be posted. The plan shall be reviewed annually and updated as necessary.
   2. (2) Evacuation Drills. The facility shall conduct, at a minimum, quarterly emergency evacuation drills, at different hours, under varied conditions.
8. (h) Client Abuse, Neglect, and Exploitation. The facility must protect clients from abuse, neglect and exploitation.

9. (i) 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 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) Incident Notification. The TDCJ-CJAD director shall be notified in writing, within 24 hours, when the following incidents occur at the facility: offender or staff member's death while at the facility; any incident which results in serious bodily injury to a resident or staff member while at the facility or on assignment away from the facility; and, riot/major facility disturbance.
10. (j) Offenders' Rights. The offender 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, sheriff's department, 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 Community Corrections Facility (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.

    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 seven 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 seven 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 seven 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 community corrections facility 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/ agency director or designee who is responsible for the management of the CCF / CCC shall notify, in writing, the court of original jurisdiction. If placement occurs as a condition of community supervision, an eligible offender for residential placement may be placed on a waiting list or returned to the court for an alternative sanction if the facility has reached capacity.

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

    1. (1) Dietary Allowances. Meals shall be approved and reviewed annually by a registered dietitian 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 be certified as required by the local health authority.
    4. (4) Exclusion as Discipline. The use of food as a disciplinary measure is prohibited.
    5. (5) Meal Requirements. CSCD directors or designees 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. Each facility shall maintain written policy and procedure to provide access to health care services, including medical, dental and mental health services, under the control of a designated health authority. When this authority is other than a physician, final medical judgments rest with a single designated responsible physician licensed in the state. Arrangements shall be made with health care providers in advance of need.

    1. (1) Public and Private Agencies. The facility shall have a written policy providing residents access to routine medical services, and/or emergency medical services as necessary with a licensed general hospital, clinic or physician.
    2. (2) Twenty-four Hour Emergency Care. The CSCD director or designee shall have a written policy providing access to 24 hour emergency medical, psychiatric and dental care, which includes contingency plans and alternate hospitals or a physician "on call" service.
    3. (3) Health Screening. Prior to residential placement or within seven days of admission of offenders into residential facilities, a health screening or physical exam shall be conducted to identify any physical/mental ailments or contagious/communicable diseases that would affect placement and/or endanger other residents or staff.

16. (p) Discharge.

    1. (1) Victim Notification. The CSCD director or designee shall ensure there is a system for providing notification to the victim(s) of offenders convicted of family domestic violence crimes prior to the imminent release of the offender or subsequent to the offender's escape from custody. Follow-up notification to victim(s) shall occur whenever an escapee is returned to the facility.

    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 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 or designee 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 or designee 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 may be opened, but not read, to inspect for contraband.

19. (s) Religious Programs.

    1. (1) The CSCD director or designee shall have written policies that govern religious programs for offenders. The policies shall address the provision of opportunities for offenders to voluntarily practice the requirements of their respective faith and the use of community resources, when appropriate.
    2. (2) A CSCD may not substantially burden a offender's free exercise of religion except with the least restrictive measures in furtherance of a compelling interest. In court, there is a presumption that a policy or practice that applies to an offender in the custody of a CSCD residential facility 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.