37 Tex. Admin. Code § 163.39 - Residential Services
(a) General
Administration.
(1) Purpose. Residential
facilities and contract residential beds funded by the Texas Department of
Criminal Justice Community Justice Assistance Division (TDCJ CJAD) shall
provide the courts with a sentencing alternative for the purpose of:
(A) Providing residential placement of
offenders on community supervision and others who are eligible in accordance
with statutes;
(B) Providing
sanctions, services, and programs to modify criminal behavior, deter criminal
activity, protect the public, restore victims of crime, and provide offenders
with resources to lead productive lives;
(C) Strengthening and expanding the options
available to judges to impose alternatives other than imprisonment for
offenders; and
(D) Reducing the
offender's likelihood of a technical violation or subsequent arrest, and
recidivism.
(2)
Feasibility Studies. A judicial district interested in establishing a
residential community corrections facility (CCF) shall first conduct and
prepare a feasibility study in accordance with the TDCJ CJAD Feasibility Study
Guidelines-Community Corrections Facility. The product and results of such
feasibility study shall be submitted to the TDCJ CJAD. After receipt by the
TDCJ CJAD of the initial feasibility study related to a proposed CCF, the
community supervision and corrections department (CSCD) may be required to
provide supplemental information or additional materials for further review and
consideration.
(3) Notice of
Construction or Operation of a CCF.
(A) If a
CSCD or private vendor operating under a contract with a CSCD or judicial
district proposes to construct or operate a CCF 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 shall
prominently post an outdoor sign at the proposed location of the facility. The
sign shall be at least 24 by 36 inches in size written in lettering at least
two inches in size. The sign shall 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 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.
(B) The CSCD shall provide notice of the
proposed location of the facility to the commissioners court of the county or
governing body of the municipality where the facility is intended to be located
no later than 60 days before the CSCD begins construction or operation of the
facility. The notice shall contain the following:
(i) A statement of the entity's intent to
construct or operate a correctional or rehabilitation facility in an
area;
(ii) A description of the
proposed location of the facility; and
(iii) A statement that Texas Local Government
Code §§
244.001 - .026
governs the procedure for notice of and consent to the facility.
(4) Public Meetings. A
CSCD or private vendor having a contract with a CSCD or judicial district shall
not establish a CCF unless the CSCD has held a public meeting before the action
is taken. In addition, a CSCD may not expend funds provided by the 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 CSCD has
held a public meeting before the action is taken. The public meeting shall be
held at a site as close as practicable to the location at which the proposed
action is to be taken. The meeting shall not be held on a Saturday, Sunday, or
legal holiday. The meeting shall 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 shall:
(A) Publish by advertisement a notice that is
no less than three and one-half inches by five inches of the date, hour, place,
and subject of the hearing as required in subsection (a)(4) of this rule 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. The notice shall specifically state the address of the facility or
property on which a proposed action is to be taken and provide a description of
the proposed action.
(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.
(5) Maximum Resident Capacity and Facility
Utilization. The maximum resident capacity of a CCF shall be defined as the
total number of residents 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 funded through TDCJ CJAD
shall reach 90% capacity within the first six months of operation and maintain
a minimum of 90% thereafter, using appropriate and eligible placements only.
Any revisions to the maximum and minimum resident capacities for the CCF shall
be subject to approval by the TDCJ CJAD through the community justice plan
amendment process.
(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 the contract with the CSCD and with applicable laws and
regulations.
(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
facility's programs.
(b)
Personnel.
(1) Screening for Tuberculosis
(TB) Infection. The CSCD director or facility director shall ensure that as
soon as practicable but no later than seven calendar days of assuming any
duties within a CCF, all staff undergo a screening for TB infection. Follow-up
screening for TB 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) Required Personnel.
(A) Each facility with an employment
component shall have a designated employment coordinator whose duties and
responsibilities include assisting residents in obtaining and maintaining
employment. The employment coordinator shall be responsible for addressing
other employment issues for residents such as résumé development,
interviewing skills and techniques, and appropriate dress for job
interviews.
(B) Every facility
shall have a designated staff member whose duties and responsibilities include
facilitating or ensuring the required cognitive and other facility programs are
accomplished.
(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 (DPS) and
National Crime Information Center on each of the CCF's employees, contract
vendor staff, if applicable, and volunteers. This requirement shall apply to
both vendor contracts and the CSCD operated CCFs. Upon verification that no new
conviction(s) have occurred, an entry documenting such shall be made in the
personnel file. The criminal history document and other arrest record
documentation shall then be destroyed. Employees who have access to criminal
histories must meet DPS criteria for accessing the Texas Law Enforcement
Telecommunication System operated by the DPS or files containing a copy of an
employee's or resident's criminal history.
(4) Residential Officer Certification.
Governed by §
163.33(f) of
this title.
(5) Residential
Personnel Training. Initial Training Requirements and Defensive Driving are
governed by §
163.33(j) of
this title. Training Requirements for Monitoring Self-Administration of
Medications are set forth in subsection (n)(10) of this rule.
(c) Building, Safety, Sanitation,
and Health Codes.
(1) Compliance. The CSCD
director and facility director shall ensure that the 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 the TDCJ CJAD and other governmental agencies and authorities from 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) Water Supply. The CSCD director or
designee shall ensure that the facility's potable water source and supply is
sanitary and approved by an independent, qualified agency or individual in
compliance with the applicable governmental laws and regulations.
(3) Sanitation. The facility shall conform to
the applicable sanitation and health regulations and codes.
(4) Waste. The liquid and solid wastes
related to the facility shall be collected, stored, and disposed of in
accordance with a plan approved by the regulatory authority, agency, or
department.
(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 residents.
(6) Fires. The
facility, its furnishings, fire protection equipment, and alarm system shall
comply with the regulations of the fire authority having jurisdiction. Fire
drills are to be conducted at least quarterly. 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 conduct fire inspections at least
quarterly or at 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 conducted by the fire authority having
jurisdiction or other qualified person(s).
(7) Emergency Plan. There shall be a written
emergency plan for the facility and its operations, which includes an
evacuation plan, to be used in the event of a major flood, storm, or other
emergencies. This plan shall be reviewed annually and updated, if necessary.
Evacuation drills shall be conducted at least three times yearly. Each shift at
least yearly shall conduct an evacuation drill when the majority of residents
are present. All facility personnel shall be trained in the implementation of
the written emergency plan. The evacuation plan shall specify preferred
evacuation routes, subsequent dispositions, temporary housing of residents, and
provisions for access to medical care or hospital transportation for injured
residents and staff. The facility's emergency plan shall be distributed to
local authorities such as law enforcement, state police, and civil defense to
keep them informed of their roles in the event of an emergency. The emergency
plan shall include the following:
(A)
Location of buildings and room floor plans;
(B) Use of exit signs and directional arrows
that are easily seen and read; and
(C) Location(s) of publicly posted
plan.
(d)
Separate Offender 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 CCF residents separately from the
offenders incarcerated in the detention facility. At no time shall the CCF
residents be co-mingled with these incarcerated offenders.
(e) Program and Service Areas.
(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) Housekeeping and Maintenance. The CSCD
director and facility director shall ensure the facility is clean and in good
repair, and housekeeping and maintenance plan is in effect.
(3) Other Physical Environment and Facilities
Issues. In each facility:
(A) Space shall be
provided for janitor closets which are equipped with cleaning
implements;
(B) There shall be
storage areas in the facility for clothing, bedding, and cleaning
supplies;
(C) There shall be clean,
usable bedding, linens, and towels for new residents with provision for
exchange or laundering on at least a weekly basis;
(D) On an emergency or indigent basis, the
facility shall provide personal hygiene articles;
(E) There shall be adequate control of vermin
and pests;
(F) There shall be
timely trash and garbage removal; and
(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.
(f)
Supervision.
(1) Operations Manual. An
operations manual shall be prepared for and used by each CCF which shall
contain information and specify procedures and policies for resident census,
contraband, supervision, physical plant inspection, and emergency procedures,
including detailed implementation instructions. The operations 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 the TDCJ CJAD Funded Residential Facilities. The operations
manual shall be submitted to the TDCJ CJAD director for review and approval.
The manual shall be approved by the TDCJ CJAD director at least 60 days prior
to the acceptance of any residents into the facility. 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, to designated staff and volunteers prior to
implementation. This manual shall be submitted to the TDCJ CJAD upon request or
for auditing purposes.
(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 residents, and to perform ancillary functions. The facility
shall have at least one staff member on duty that is the same gender as the
resident population.
(3) Activity
Log. The CSCD director and facility director shall ensure that CCF staff
maintain an activity log and prepare shift reports that record, at a minimum,
emergency situations, unusual situations and incidents, and all absences of
residents from a facility.
(4) Use
of Force. The CSCD director and facility director shall ensure that a CCF has
written policies, procedures, and practices that restrict the use of physical
force to instances of self-protection, protection of residents or others, or
prevention of property damage. In no event shall the use of physical force
against a resident be justifiable as punishment. A written report shall be
prepared following all uses of force, and promptly submitted to the CSCD
director and facility director for review and follow-up. The application of
restraining devices, aerosol sprays, and chemical agents shall only be
accomplished by an individual who is properly trained in the use of such
devices and only in an emergency situation for self-protection, protection of
others, or other circumstances as described previously.
(5) Use of Firearms. The CSCD director and
facility director shall ensure that the possession of firearms by staff is
banned and the 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) Access to Facility. The facility shall be
secured to prevent unrestricted access by the general public or others without
proper authorization.
(7) Control
of Contraband and Searches. All facilities shall incorporate into the facility
operations manual a list of authorized items offenders are allowed to possess
while a resident of the facility. All incoming residents shall receive a copy
of this list during the intake or orientation process, along with a written
explanation of the provisions of Texas Penal Code §
38.114, which states that
any resident found to possess any item not provided by, or authorized by the
facility director, or any item authorized or provided by the facility that has
been altered to accommodate a use other than the originally intended use, may
be charged with a Class C misdemeanor. Any employee or volunteer who provides
contraband to a resident of a CCF may be charged with a Class B misdemeanor.
There shall also be policies defining facility shakedowns, strip searches, and
pat searches of residents to control contraband and provide for its
disposal.
(8) Levels of Security.
The CSCD director and facility director shall ensure that appropriate levels of
security are maintained for the population served by the facility at all times.
These levels of security shall create, at 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. At the
discretion of the facility director or designee, residents may be granted
exterior movements. Exterior movements include, but are not limited to,
employment programs, community service restitution, support and treatment
programs, and programmatic incentives. The following minimum requirements shall
be met for all exterior movements:
(A) The
facility director or designee approves the exterior movement;
(B) A staff member orally advises the
resident of the conditions and limitations of the exterior movement;
(C) The resident acknowledges in writing an
understanding of the conditions and limitations of the exterior movement;
and
(D) Exterior movements
involving programmatic incentives may only be granted if the following
additional requirements are met:
(i) The
resident 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;
(ii) The
requested absence will not exceed 72 hours unless there are unusual
circumstances;
(iii) The resident
provides an itinerary for the absence including method of travel, departure and
arrival times, and locations during the exterior movement;
(iv) The facility director or designee
approves the itinerary and establishes the conditions of the exterior movement
involving programmatic incentives; and
(v) A staff member shall make random
announced or unannounced personal or telephone contacts with the resident to
verify the location of the resident during the exterior movement.
(9) Emergency
Furloughs. At the discretion of the facility director or designee, a resident
may be granted an emergency furlough for the purpose of allowing a resident to
attend a funeral, visit a critically ill person, obtain medical treatment, or
attend to other exceptional business. Emergency furloughs may only be granted
if the following conditions are met:
(A) The
resident submits a written request for the emergency furlough;
(B) The facility director or designee
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 resident is appropriate;
(C) The resident provides a proposed
itinerary including method of travel, departure and arrival times, and
locations during the emergency furlough;
(D) The requested absence shall not exceed 72
hours unless there are unusual circumstances;
(E) The court of original jurisdiction
approves the travel if the resident will depart the state of Texas;
(F) The facility director or designee
approves the itinerary and establishes the conditions of the emergency
furlough; and
(G) The facility
director or designee provides by email or fax the approved itinerary to the
CSCD director and the court of the original or sending jurisdiction prior to
the date that the emergency furlough is approved to begin.
(10) Supervision Process. Governed by §
163.5(c) of this
title.
(11) The CCF shall ensure
that Spanish language assistance and the translation of selected documents are
provided for Spanish-speaking residents who cannot speak or read
English.
(g) Resident
Abuse, Neglect, and Exploitation. The facility shall protect the residents from
abuse, neglect, and exploitation. In accordance with the Prison Rape
Elimination Act,
28 C.F.R. §
115.31, all CCFs shall establish a zero
tolerance standard for the incidence of sexual abuse and sexual harassment.
Each facility shall make prevention of offender sexual abuse and sexual
harassment a top priority. The CCFs shall have policies and procedures in
accordance with national standards published by the attorney general of the
United States. These policies and procedures shall include, but not be limited
to the following:
(1) Detection, prevention,
reduction, and punishment of offender sexual assault;
(2) Standardized definitions to record
accurate data regarding the incidence of offender sexual assault; and
(3) A disciplinary process for facility staff
who fail to take appropriate action to detect, prevent, and reduce sexual
assaults, to punish residents guilty of sexual assault, and to protect the
Eighth Amendment rights of all facility residents.
(h) Rules and Discipline. There shall be
documentation of program rule violations and the disciplinary process.
(1) Rules of Conduct. All incoming residents
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) 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:
(A) No physical contact
by staff shall be made on a resident;
(B) No profane, sexual, or racial comments
shall be directed at residents by staff;
(C) Residents shall not be used to impose
corrective actions on other residents;
(D) The severity of the corrective action
shall be commensurate with the severity of the infraction; and
(E) The duration of corrective action shall
be limited to the minimum time necessary to achieve effectiveness.
(3) Grievance Procedure. A
grievance procedure shall be available to all residents in a CCF. The grievance
procedure shall include at least one level of appeal and shall be evaluated at
least annually to determine its efficiency and effectiveness.
(4) Spanish translations of the disciplinary
rules and procedures shall be provided for Spanish-speaking residents who
cannot speak or read English.
(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 facility's
operations and staff to the district judge, or if applicable, the judge
designated to perform administrative duties for the district courts trying
criminal cases, the TDCJ Emergency Action Center (EAC) in Huntsville, Texas
(phone number (936) 437-6600; fax number (936) 437-8996), and if applicable,
the CSCD director of the original or sending jurisdiction if the incident
involves a resident from that sending jurisdiction. The TDCJ EAC shall notify
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) The death of a resident or
staff member while at the facility;
(2) Any incident which results in life
threatening or serious bodily injury to a resident or staff member while at the
facility or on assignment, including emergency furloughs or programmatic
incentives, away from the facility;
(3) Major disturbance or riot at the facility
or in its vicinity; and
(4) Any
incident involving serious misconduct by facility staff, which may result in
the filing of criminal charges or civil action;
(5) Any incidence of absconding by a resident
convicted of an offense as identified in Title 5 of the Texas Penal Code (Title
5) and placed in the facility for such offense; and
(6) Any incidence of absconding by a resident
who is suspected of committing a felony offense during the course of absconding
from the facility or within 24 hours after leaving the facility.
(j) Residents' Rights. Residents
shall be granted access to courts and any attorney licensed in the United
States or a legal aid society (an organization providing legal services to
residents or other persons) contacting the resident in order to provide legal
services. Such contacts include, but are not limited to: confidential telephone
communications, uncensored correspondence, and confidential visits.
(k) Resident Eligibility. A CSCD or other
governmental entity that operates a residential facility, contracts for the
operation of a residential facility, or contracts for beds or services shall
define a specific target population of medium to high risk/needs offenders to
be served. Placement of offenders in a CCF shall only be by an order of the
court, which may include a pretrial agreement signed by the judge presiding
over an established drug court. Applicable screening shall be conducted to
include screening for substance abuse, medical and mental health issues, and
minimum eligibility criteria as outlined in this rule.
(1) CCFs shall accept only those offenders
who meet the target population criteria as defined by the facility and are
physically and mentally capable of participating in any program offered at the
facility, if participation in the program is required of all residents in the
facility. Exceptions to this requirement:
(A)
Placement is prohibited by statute;
(B) The offender matches the profile of
offenders historically committed to county jail or 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;
(C) The local jurisdiction may house
offenders convicted under Title 5 and in accordance with statute, in the CCF if
Title 5 offenders are included in the facility's program proposal within the
community justice plan approved by the local judiciary. In currently operating
facilities where the jurisdiction desires to add Title 5 offenders to the
target population, a public meeting shall be held, in accordance with the law
and TDCJ CJAD standards and policy, to advise the public of the types of
offenders and offenses who will potentially be placed in the facility. Public
support shall be considered by the 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 the
TDCJ CJAD for review and possible exemption from having an additional public
meeting. 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 Texas Government Code §
76.016, Victim
Notification; Texas Code of Criminal Procedure art. 56.01 - .93, Rights of
Crime Victims; and Texas Code of Criminal Procedure art. 42.21, Notice of
Release of Family Violence Offenders; and
(D) Prior to or within 30 days after
admission to the facility, the offender shall undergo a screening process to
include a substance abuse screening instrument to determine the offender's
appropriateness for placement. The process shall be documented and maintained
in the supervision case file. Should the offender not meet the facility defined
eligibility criteria, the offender may be referred back to the court of
original jurisdiction.
(2) Courtesy Supervision. CCFs shall, on a
space available basis, accept eligible adult offenders needing residential
services on courtesy supervision from other jurisdictions. CSCDs that manage
CCFs are responsible for the direct supervision of all residents in the CCF
while in residential placement.
(l) Denying Admission or Continued Placement.
If an offender is placed into a CCF, and by statute or standard is an
inappropriate placement, or does not meet eligibility criteria of the TDCJ CJAD
approved facility, the CSCD or facility director shall notify, in writing, the
court of original jurisdiction. If a CCF 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.
(m) Food Service. The
food preparation and dining area shall provide space for meal service based on
the population size and need.
(1) Dietary
Allowances. Meals shall be approved and reviewed annually by a registered
dietician, licensed nutritionist, registered nurse with a minimum of a Bachelor
of Science degree in nursing, physician assistant, or physician to ensure that
the meals meet the nationally recommended allowances for basic
nutrition.
(2) Special Diets. Each
facility shall provide special diets as prescribed by appropriate medical or
dental personnel.
(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. Food
services staff, including residents assigned to work in the facility kitchen,
shall meet all requirements established by local health authorities.
(4) Exclusion as Discipline. The use of food
as a disciplinary measure is prohibited.
(5) Meal Requirements. The CSCD director 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.
(n) Health Care.
(1) Access to Care.
(A) Residents shall have unimpeded access to
health care and to a system for processing complaints regarding health
care.
(B) The facility shall have 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. In the event that the
designated health authority is a free community health clinic, one which
provides services to everyone in the community regardless of ability to pay,
then the CCF is not required to enter into a written contract or agreement. A
copy of the mission statement of the free community health clinic and a copy of
the criteria for admission shall be on file in lieu of a contract between the
two agencies.
(C) Each CCF shall
have a policy defining the level, if any, of financial responsibility to be
incurred by the resident who receives the medical or dental services.
(2) Emergency Health Care.
(A) Twenty-four hour emergency health care
shall be provided for residents, to include arrangements for the following:
(i) On site emergency first aid and crisis
intervention;
(ii) Emergency
evacuation of the resident from the facility;
(iii) Use of an emergency vehicle;
(iv) Use of one or more designated hospital
emergency rooms or other appropriate health facilities;
(v) Emergency on-call services from a
physician, advanced practice nurse, physician assistant, dentist, and a mental
health professional when the emergency health facility is not located in a
nearby community; and
(vi) Security
procedures providing for the immediate transfer of residents, when
appropriate.
(B) A
training program for direct care personnel shall be established by a recognized
health authority in cooperation with the facility director that includes the
following:
(i) Signs, symptoms, and action
required in potential emergency situations;
(ii) Administration of first aid and
cardiopulmonary resuscitation;
(iii) Methods of obtaining
assistance;
(iv) Signs and symptoms
of mental illness, retardation, and chemical dependency; and
(v) Procedures for patient transfers to
appropriate medical facilities or health care providers.
(C) First aid kits shall be available in
designated areas of the facility. Contents and locations shall be approved by
the health authority.
(3) Health Screening and Medical
Examinations. Medical, dental, and mental health screening shall be performed
by qualified health care personnel on all offenders within 10 working days
prior to or after admission to the facility. The purpose of the screening is to
determine if the offender has any disease, illness, or condition that precludes
admission. The health screening shall include the following:
(A) Questionnaires for health screening shall
be established to document inquiries into and observations of the following:
(i) Current illness and health problems,
including sexually transmitted and other infectious diseases;
(ii) Dental problems;
(iii) Mental health problems, including
suicide attempts or ideation;
(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
(v) Other health problems
designated by the responsible health authority.
(B) Observation by qualified health care
personnel of:
(i) Behavior, which includes
state of consciousness, mental status, appearance, conduct, tremor, and
sweating;
(ii) Body deformities,
ease of movement, and so forth; and
(iii) Conditions of skin, including trauma
markings, bruises, lesions, jaundice, rashes, infestations, and needle marks or
other indications of drug abuse.
(C) Medical Examinations.
(i) A new resident admitted to the facility
who was not transferred from a jail or other correctional facility shall have a
medical history and physical examination completed within 10 working days prior
to or after admission to the facility.
(ii) TB screening of residents shall be
completed within seven calendar days of admission into the residential facility
and repeated annually thereafter. If a resident was confined in a jail or other
correctional facility immediately prior to admission to a CCF, a TB screening
test that was completed no more than 30 days prior to transfer to a residential
facility may be accepted, provided that a TB questionnaire is completed and
filed with the TB screening test results.
(iii) Medical examinations shall be conducted
for any employee or resident suspected of having a communicable
disease.
(4)
Serious and Infectious Diseases.
(A) The
facility shall provide for the management of serious and infectious
diseases.
(B) The CCFs shall have
policies and procedures to direct actions to be taken by employees concerning
residents who have been diagnosed with human immunodeficiency virus (HIV),
including, at a minimum, the following:
(i)
When and where residents shall be tested;
(ii) Appropriate safeguards for staff and
residents;
(iii) Staff and resident
training;
(iv) Issues of
confidentiality; and
(v) Counseling
and support services.
(5) Dental Care. Access to dental care shall
be made available to each resident.
(6) Medications--General Guidelines.
(A) Staff who dispense medication shall have
the proper training and credentials. Staff who supervise self-administration of
medication shall be appropriately trained to perform the task.
(B) Policy and procedure shall direct the
possession and use of controlled substances, prescribed medications, supplies,
and over-the-counter (OTC) drugs. Prescribed medications shall be dispensed
according to the directions of the prescribing physician, advanced practice
nurse, or physician assistant.
(C)
Each residential facility shall have a written policy in place that sets forth
required procedural guidelines for the administration, documentation, storage,
management, accountability of all resident medication, inventory, disposal of
medications, handling medication errors, and adverse reactions.
(D) If medications are distributed by
facility staff, records shall be maintained and audited monthly and shall
include, but not be limited to the date, time, name of the resident receiving
the medication, and the name of the staff distributing the
medication.
(E) Each facility shall
ensure that the phone number of a pharmacy and a comprehensive drug reference
source is readily available to the staff.
(7) Medication Storage.
(A) Prescription and OTC medications shall be
kept in locked storage and accessible only by staff who are authorized to
provide medication. Syringes, needles, and other medical supplies shall also be
kept in locked storage.
(B) All
controlled/scheduled medications shall be stored under double lock and
key.
(C) Each facility shall ensure
that all medications, syringes, and needles are stored in the original
container.
(D) Medications labeled
as internal and external use only shall not be stored together in the same
medication box or medication drawer.
(E) Sample prescription medications provided
by physicians shall be stored with proper labeling information that includes
the name of the medication; name of the prescribing physician, advanced
practice nurse, or physician assistant; date prescribed; and dosage
instructions.
(F) Medications that
require refrigeration shall be stored in a refrigerator designated for
medications only. A thermometer shall be maintained inside the refrigerator
with the temperature checked and recorded daily on a temperature log.
(G) The facility shall have a written policy
approved by the local medical authority that states the acceptable temperature
range for the medication refrigerator, and a written policy for what actions
shall be taken by staff in the event the refrigerator temperature is above or
below the approved temperature range.
(H) Medications that are discontinued, have
expired dates, or are no longer in use shall be stored in a separate locked
container or drawer until destroyed.
(I) Facilities that allow residents to keep
medications in the resident's possession shall have written guidelines specific
for keep-on-person medications. Staff shall ensure that authorized residents
keep medication on their person or safely stored and inaccessible to other
residents.
(8)
Medication Inventory and Disposal.
(A)
Facility staff shall conduct an inventory count of all controlled/scheduled
medications daily, at a minimum, once per 24-hour period. The count shall be
conducted and witnessed by one other staff member. Documentation of inventory
counts shall be maintained for a minimum of three years.
(B) The facility shall conduct a monthly
inventory of all prescription and OTC drugs provided to or purchased by the
resident. The monthly audit shall be conducted by a staff member who is not
responsible for conducting the daily inventory counts.
(C) A monthly audit shall be conducted of all
medication administration records to verify the accuracy of recorded
information. The monthly audit of medication administration records shall be
conducted by a staff member who is not responsible for the documentation of
medication administration records.
(D) When a discrepancy is noted between the
medication administration record and the monthly inventory count, documentation
explaining the reason for the discrepancy and action taken to correct it shall
be recorded. In the event an inventory count reveals unaccounted for
controlled/scheduled medication, an investigation shall be conducted and a
summary report written detailing the steps taken to resolve the matter. Until
the discrepancy is resolved, an inventory count shall be conducted three times
daily, after each shift. The summary report shall be maintained for a minimum
of three years. If misapplication, misuse, or misappropriation of
controlled/scheduled medication leads to an investigation by law enforcement,
such information shall be reported pursuant to subsection (i) of this
rule.
(E) Discontinued and outdated
medications shall be removed from the current medication storage, stored in a
separate locked container, and disposed of within 30 days. The drugs designated
for disposal shall be recorded on a drug disposal form.
(F) Methods used for drug disposal shall
prevent medication from being retrieved, salvaged, or used in any way. The
disposal of drugs shall be conducted, documented, and the process witnessed by
one other staff member. The documentation shall include:
(i) Name of the resident and date of
disposal;
(ii) Name and strength of
the medication;
(iii) Prescription
number, sample, or OTC lot numbers;
(iv) Amount disposed, reason for disposal,
and the method of disposal; and
(v)
Signatures of the two staff members who disposed of the drug and witnessed the
disposal.
(9)
Administration of Medication for Non-Medical Model Facilities.
(A) Prescription medications shall be
dispensed only by licensed nurses or other staff who are trained and have the
appropriate documented medication certification to dispense medications while
under the supervision of a physician or registered nurse. Facilities that do
not have licensed nurses or other credentialed staff to dispense medications,
non-medical model facilities, shall implement the practice of
self-administration of medications.
(B) If medications are dispensed through the
practice of self-administration in a non-medical model program, staff trained
by a qualified health professional to supervise residents in the
self-administration of medications shall monitor the residents during the
self-administration process.
(C)
Each dose of prescription medication received by the resident shall be
documented on the prescription medication administration record and maintained
in the resident's medical file. The prescription medication record shall
include:
(i) Name of the resident receiving
the medication;
(ii) Drug allergies
or the absence of known drug allergies;
(iii) Name, strength of medication, and route
of administration;
(iv)
Instructions for taking the medication, the amount taken, and the route of
administration;
(v) Date and time
the medication was provided;
(vi)
Prescription number, or lot number for sample drugs, and the initial amount of
medication received;
(vii)
Prescribing physician, advanced practice nurse or physician assistant, and the
name of the pharmacy;
(viii)
Signature of the resident receiving the medication and the staff member
supervising the self-administration of medication;
(ix) The remaining amount of medication after
each dose dispensed; and
(x)
Comment section for recording a variance, discrepancy, or change.
(D) Each dose of OTC medication
received by the resident shall be documented on the OTC medication
administration record and maintained in the resident's medical file. The OTC
drugs purchased by the resident or supplied for the resident in quantities
larger than single dose packages shall be recorded on the OTC drug record. The
OTC drug record shall include:
(i) The
resident's name;
(ii) The name and
strength of the medication dispensed;
(iii) Drug allergies or the absence of known
drug allergies;
(iv) The dosage
instructions and route of administration;
(v) The initial amount received, OTC lot
number, and the expiration date;
(vi) The date and time the medication was
dispensed;
(vii) The amount
dispensed and the ending count after each dose;
(viii) Comment section for recording reason
for OTC drug or other notations; and
(ix) The signature of the resident and the
employee who supervised each dose dispensed.
(E) Facility Stock OTC Drugs. Multiple OTC
stock drugs supplied in single dose packaging may be recorded on the same form.
The medication drug record for facility stock OTC drugs shall include:
(i) The resident's name;
(ii) The name, strength, and route of
administration;
(iii) Drug
allergies or the absence of known drug allergies;
(iv) The date, time, amount dispensed, and
the lot number on the container;
(v) Comment section to record the reason the
OTC drug was requested; and
(vi)
The signature of the resident and the employee who supervised each dose
dispensed.
(10) Training for Monitoring
Self-Administration of Medications. All residential employees responsible for
supervising residents in self-administration of medication, who do not have
credentials to dispense medication, shall complete required training before
performing this task.
(A) The initial
training for new employees shall be four hours in length.
(B) Employees shall complete a minimum of two
hours of review training annually thereafter.
(C) The training shall be provided by a
physician, pharmacist, physician assistant, or registered nurse before
supervising self-administration of medications. A licensed vocational nurse or
paramedic, under supervision, may teach the course from an established
curriculum. Topics to be covered shall include:
(i) Prescription labels;
(ii) Medical abbreviations;
(iii) Routes of administration;
(iv) Use of drug reference
materials;
(v) Monitoring and
observing insulin preparation and administration;
(vi) Storage, maintenance, handling, and
destruction of medication;
(vii)
Transferring information from prescription labels to the medication
administration record and documentation requirements, including sample
medications; and
(viii) Procedures
for medication errors, adverse reactions, and side effects.
(11) Female Residents.
If female residents are housed, access to pregnancy management services shall
be available.
(12) Mental Health.
Access to mental health services shall be available to residents.
(13) Suicide Prevention. Each facility shall
have a written suicide prevention and intervention program reviewed and
approved by a qualified medical or mental health professional. All staff with
resident supervision responsibilities shall be trained in the implementation of
the suicide prevention program.
(14) Personnel.
(A) If treatment is provided to residents by
health care personnel other than a physician, psychiatrist, dentist,
psychologist, optometrist, podiatrist, or other independent provider, such
treatment shall be performed pursuant to written standing or direct orders by
personnel authorized by law to give such orders.
(B) If the facility provides medical
treatment, personnel who provide health care services to residents shall be
qualified and appropriately licensed. Verification of current credentials and
job descriptions shall be on file in the facility. Appropriate state and
federal licensure, certification or registration requirements, and restrictions
apply.
(15) Informed
Consent.
(A) If the facility provides medical
treatment, the facility shall ensure residents are provided information to make
medical decisions with informed consent. All informed consent standards in the
jurisdiction shall be observed and documented for resident care.
(B) If the facility provides medical
treatment and a resident makes an informed decision to refuse any medical
procedure or treatment, the facility shall ensure that written documentation of
the resident's refusal is maintained in the resident's medical
record.
(16)
Participation in Research. Residents shall not participate in medical,
pharmaceutical, or cosmetic experiments. This does not preclude individual
treatment of a resident based on resident's need for a specific medical
procedure that is not generally available.
(17) Notification. Individuals designated by
the resident shall be notified in case of critical illness or injury.
(18) Health Records. If medical treatment is
provided by the facility:
(A) Accurate health
records for residents shall be maintained separately and
confidentially;
(B) The method of
recording entries in the records, the form and format of the records, and the
procedures for maintenance and safekeeping shall be approved by the health
authority; and
(C) For the
residents being transferred to other facilities, summaries or copies of the
medical history record shall be forwarded to the receiving facility prior to or
at arrival.
(o) Discharge From Residential Facilities.
(1) Victim Notification. The CSCD director
and facility director shall ensure there are procedures, policies, and
practices that comply with Texas Government Code §
76.016, Texas Code of
Criminal Procedure art. 42.21(a) and other applicable laws as to the
notifications made to certain crime victims of offenders who are residents in
its facilities or subject to its programs.
(2) Discharge. Discharge from residential
facilities shall be based on the following criteria:
(A) The resident has made sufficient progress
towards meeting the objectives of the supervision plan and program
requirements;
(B) The resident has
satisfied a sentence of confinement;
(C) The resident has satisfied a period of
placement as a condition of community supervision or satisfied the conditions
of a pre-trial agreement signed by a judge presiding over an established drug
court;
(D) The resident has
demonstrated non-compliance with program criteria or court order;
(E) The resident manifests a non-emergency
medical problem that prohibits participation in or completion of the
residential program requirements;
(F) The resident displays symptoms of a
psychological disorder that prohibits participation in or completion of the
residential program requirements; or
(G) The resident is identified as
inappropriate or ineligible for participation in the residential program as
defined by facility eligibility criteria, statute, or standard.
(3) Discharge Report. The CSCD
director and facility director shall ensure a report is prepared at the
termination of program participation that reviews the resident's performance. A
copy of the report shall be provided to the receiving CSCD community
supervision officer.
(p)
Basic Services and Programs.
(1) Each
facility shall, at a minimum, provide programs in the following areas which
shall include, but not be limited to:
(A)
Education programs;
(B)
Rehabilitation programs based on the mission of the facility;
(C) Community service restitution or work
detail;
(D) Recreational programs;
and
(E) Cognitive based
programs.
(2) Facilities
serving other jurisdictions shall have a procedure in place designed to assist
the resident in obtaining employment in the jurisdiction to which the resident
will be released. At a minimum, an aftercare or supervision plan shall be
provided to the original jurisdiction and shall outline aftercare or
supervision strategies best designed to sustain progress.
(3) Each facility shall have a family support
program designed to educate family members in the goals of the facility and
resident, as well as to incorporate family assistance during and after
residency.
(4) Each facility
incorporating an employment component shall provide an initial programming
phase of no less than 30 days prior to work release. A longer period of
programming shall be provided depending upon documented risk/needs assessment
and program progress.
(q) Mail, Telephone, and Visitation. The CSCD
director and facility director shall have written policies, procedures, and
practices which govern the facility's mail, telephone, and visitation
privileges for residents, including mail inspection, public phone use, and
routine and special visits. The policies shall address compelling circumstances
in which a resident's mail both incoming and outgoing may be opened, but not
read, to inspect for contraband.
(r) Religious Programs.
(1) The CSCD director and facility director
shall have written policies that govern religious programs for residents. The
policies, procedures, and practices shall provide that residents have the
opportunity to voluntarily practice the requirements of a resident's religious
faith, have access to worship and religious services and the use or contact
with community religious resources, when appropriate.
(2) Under Texas Civil Practice & Remedies
Code §§110.001 - .012, a CSCD or CCF may not substantially burden a
resident'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 a resident 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 resident.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.