PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice (board) adopts new rule §151.54, Employee Training and Education - Tuition Reimbursement without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5012). The rule will not be republished.
The purpose of the new rule is to authorize reimbursement of training and education expenses consistent with Subchapters C and D, Chapter 656, Texas Government Code.
No comments were received regarding the new rule.
The new rule is adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and Subchapters C and D, Chapter 656, Texas Government Code, which authorize the board to adopt rules for the training and education of TDCJ administrators and employees.
Cross Reference to Statutes: None.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 16, 2023.
TRD-202303844
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Effective date: November 5, 2023
Proposal publication date: September 8, 2023
For further information, please call: (936) 437-6700
SUBCHAPTER A. MISSION AND ADMISSIONS
The Texas Board of Criminal Justice adopts amendments to §152.3, concerning Admissions, with changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5013). The rule will be republished.
The adopted amendments conform the rule to legislation from the 88th legislative session, HB 2620, relating to the confinement in a county jail of a person pending transfer to the Texas Department of Criminal Justice (TDCJ) and to compensation to a county for certain costs of confinement.
The Board received joint comments on the proposed amendments from the Texas Conference of Urban Counties (CUC) and the Texas County Judges and Commissioners Association (CJCAT). The Board also received comments from Tarrant County.
General Comments
CUC and CJCAT agreed with the public benefit of the proposed rule. Tarrant County agreed with much of the proposed language and appreciated the opportunity to work with TDCJ to implement the rule.
Section 152.3(b)
Proposed §152.3(b) mirrors the statutory language requiring TDCJ to accept inmates sentenced to prison within 45 days after the TDCJ Classification and Records Office (CRO) certifies the inmate's commitment papers received from the county.
CUC and CJCAT argue that the proposed language does not address TDCJ's obligation to reimburse a county after the 45-day period of holding a state-ready inmate. CUC and CJCAT propose adding language regarding TDCJ's obligation to reimburse the counties and the rate of reimbursement. Tarrant County also commented that the proposed language does not address TDCJ's requirement to reimburse counties who hold inmates beyond 45 days.
TBCJ Response
TBCJ declines to modify the proposed rule as requested by CUC and CJCAT or Tarrant County because the proposed rule language mirrors the statutory language. However, TBCJ agrees that additional language is needed to clarify the obligation to reimburse counties for each day over 45 days that an inmate is held in a county facility and to identify the correct rate of reimbursement. TBCJ modifies the proposed rule accordingly.
Section 152.3(c)(2)
Proposed §152.3(c)(2) describes the action that must be taken by the CRO when the commitment papers submitted by a county require correction.
CUC and CJCAT commented that the proposed language should be clarified to require the CRO to identify the specific corrective actions required by the county. Tarrant County also requested that similar clarifying language be added to the proposed rule.
TBCJ Response
TBCJ modifies the language to clarify that CRO will identify the errors requiring correction as suggested by Tarrant County, CUC and CJCAT.
Timeline and Description of Reimbursement Process
CUC and CJCAT assert that the proposed rule does not contain a timeline or a description of the process to be followed by a county when seeking reimbursement from TDCJ. Tarrant County also claims that the proposed language does not include a process for counties to request reimbursement from TDCJ.
TBCJ Response
TBCJ declines to modify the proposed rule as requested by CUC and CJCAT or Tarrant County because such language is included in the TDCJ policy for reimbursements to counties. However, TBCJ agrees that some additional language is needed to clarify the process to be used when a county seeks reimbursement from TDCJ and the timeline for obtaining such reimbursement and modifies the proposed rule accordingly.
All comments, including any not specifically referenced herein, were fully considered by TBCJ.
The amendments are adopted under Texas Government Code § 492.013, which authorizes the board to adopt rules; § 499.071, which requires the board to adopt a scheduled admissions policy, and § 507.024, which requires the board to adopt rules to provide for the safe transfer of defendants from counties to state jail felony facilities.
Cross Reference to Statutes: None.
§152.3.Admissions.
(a) Counties will send commitment papers on inmates sentenced to the Texas Department of Criminal Justice (TDCJ) to the TDCJ Classification and Records Office (CRO) immediately following completion of the commitment papers. Those counties equipped to do so may send paperwork electronically.
(b) The TDCJ shall accept inmates sentenced to prison within 45 days of the date the commitment papers are certified by the CRO. If TDCJ does not take custody of an inmate within 45 days after the commitment papers are certified, TDCJ shall reimburse the county for each day of confinement within the county over 45 days at the most recent systemwide cost per day published by the Legislative Budget Board on the date the CRO receives the county's request for reimbursement.
(c) No later than the fifth business day after the date the CRO receives commitment papers from the county, the CRO shall:
(1) review and certify the commitment papers if the CRO determines there are no errors or deficiencies requiring corrective action by the county; or
(2) notify the county that the CRO has determined the commitment papers require corrective action by the county and identify the errors needing correction.
(d) Inmates shall be scheduled for admission based on:
(1) their length of confinement in relation to the 45 days from the date the commitment papers are certified; and
(2) transportation routes.
(e) Counties will inform the TDCJ State Ready Office when inmates for whom commitment papers have been sent are transferred to another facility by bench warrants.
(f) The TDCJ shall notify counties via electronic transmission, such as facsimile or email when applicable, of inmates scheduled for intake, the date of intake, the respective reception unit, and transportation arrangements. Inmates shall be sorted by name and State Identification (SID) number, as identified by the court judgment.
(g) Counties will notify the TDCJ admissions coordinator of any inmates who are not available for transfer and the reason they are not available for transfer.
(h) Counties may identify inmates with medical or security issues that may be scheduled for intake out of sequence on a case-by-case basis by contacting the TDCJ admissions coordinator.
(i) After the receipt of an order by a judge for admission of an inmate to a state jail, the placement determination shall be made by the TDCJ Admissions Office. Placement shall be made in the state jail designated as serving the county in which the inmate resides unless:
(1) the inmate has no residence or was a resident of another state at the time of committing an offense;
(2) alternative placement would protect the life or safety of any person;
(3) alternative placement would increase the likelihood of the inmate's successful completion of confinement or supervision;
(4) alternative placement is necessary to efficiently use available state jail capacity, including alternative placement because of gender; or
(5) alternative placement is necessary to provide medical or psychiatric care to the inmate.
(j) If the inmate is described by subsection (h)(1) of this rule, placement shall be made in the state jail designated as serving the county in which the offense was committed, unless a circumstance in subsection (i)(2) - (5) of this rule applies.
(k) The TDCJ Admissions Office shall attempt to have placement determinations made at a regional level that may include one or more regions as designated in 37 Texas Administrative Code § 152.5 relating to the designation of state jail regions.
(l) If a county believes reimbursement is due, the county shall complete and submit the authorized form to the CRO. Upon receipt of the authorized form, TDCJ shall:
(1) review each request for reimbursement received from a county;
(2) verify:
(A) the certification date for all documents required to be submitted under Article 42.09, Code of Criminal Procedure; and
(B) the date the inmate was received into TDCJ custody; and
(3) process all required payments for reimbursement in accordance with the Prompt Payment Act or notify the county and explain why no reimbursement is required.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 16, 2023.
TRD-202303845
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Effective date: November 5, 2023
Proposal publication date: September 8, 2023
For further information, please call: (936) 437-2140