Proposed Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 155. REPORTS AND INFORMATION GATHERING

SUBCHAPTER B. SITE SELECTION AND FACILITY NAMES

The Texas Board of Criminal Justice (board) proposes amendments to §155.23, concerning Site Selection Process for the Location of Additional Facilities. The proposed amendments revise offender to inmate throughout; remove references to transfer facilities and the Prison Management Act; and reorganize language for clarity.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

The anticipated public benefit, as a result of enforcing the proposed amendments, will be to reflect current practices and enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §496.007, which requires the board to evaluate the advantages and disadvantages of a proposed location before determination.

Cross Reference to Statutes: None.

§155.23.Site Selection Process for the Location of Additional Facilities.

(a) Purpose. This rule establishes procedures for determining the location of new Texas Department of Criminal Justice (TDCJ) facilities in a manner that is fair and open, cost-effective for construction and operations, and sensitive to the ultimate mission of the facilities sited. Determining the location of a new facility designed to house inmates [~~offenders~~] is a multi-factor process that assesses cost-effectiveness, logistical support requirements, operational concerns, and legal mandates.

(b) Definitions. The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Facility is a substantially self-contained, permanently constructed correctional facility for housing inmates [~~offenders~~ ]. This includes prison units, state jails, [~~transfer facilities,~~ ] and substance abuse felony punishment (SAFP) facilities, but does not include community corrections facilities, as defined by Texas Government Code §509.001, or parole facilities defined in Texas Government Code §§508.118, 508.119, or 508.320.

(2) Prison unit includes a private prison under Texas Government Code Chapter 495, Subchapter A (Contracts with Private Vendors and Commissioners Courts), a psychiatric unit, and a unit whose capacity is determined by Texas Government Code Chapter 499, Subchapter [~~Subchapters B (Population Management) and~~] E (Unit and System Capacity).

(3) SAFP facility is a substance abuse felony punishment facility authorized by Texas Government Code §493.009.

(4) State jail is a state jail felony facility authorized by Texas Government Code Chapter 507.

~~[(5) Transfer facility is a facility authorized by Texas Government Code Chapter 499, Subchapter G (Transfer Facilities).]~~

(1) The Legislative Budget Board is responsible for projecting the demand for prison unit, state jail, and SAFP facility[~~, and transfer facility~~] beds. Based on these projections, a plan shall be developed by TDCJ staff and adopted by the Texas Board of Criminal Justice (TBCJ) that details how any additional bed needs shall be met. This plan shall be presented to the legislature with a request for appropriations. The plan shall include any recommendations for re-designation and renovation of existing facilities. With respect to new facilities requiring the selection of a site, the plan adopted by the TBCJ shall include:

(A) Recommendations for specific types of facilities needed by the TDCJ, the approximate size of each facility, and any [~~the~~] regional distribution planned by facility type;

(B) A description of each facility's mission; and

(C) A description of the type of inmates [~~offenders~~] to be housed in each facility and the programming requirements for that population. [~~; and~~]

~~[(D) Any recommendations for re-designation and renovation of existing facilities.]~~

(2) Site selections shall be made in accordance with and through a Request for Proposals (RFP) process, unless the TBCJ determines that land currently owned by the state shall be used as the site for the location of additional facilities, in which case an [a] RFP process shall not be required. The RFP shall be based on the array of facilities authorized by the legislature. For each round of site selections, the RFP shall specify:

(A) Types of facilities needed;

(B) Minimum acreage and site characteristics required for each facility type;

(D) Requirements for verified documentation of the absence of any environmental problems and historical preservation conditions;

(E) Requirements for supporting information such as easement, utility, and topographical maps;

(F) Requirements for description of land values, transferability of mineral rights, surface leases, easements, title report, warranty deed, aerial photographs, and other issues affecting the timely transferability of a site;

(G) Transportation and utility requirements; and

(H) Requirements for soliciting citizen input and state and local elected official input regarding a specific site.

(3) Under the direction of the TDCJ executive director, the Facilities Division shall coordinate the site selection process. In accordance with the TBCJ approved criteria and process, TDCJ staff shall be responsible for the development of the RFP, devising and completing scoring instruments, as well as cost analysis for TBCJ review and action. Information presented to the TBCJ shall:

(A) Be structured in a uniform format as illustrated in the Facilities Division policies and procedures;

(B) Include data from a weighted scoring evaluation system that objectively assesses each site based on the proposal requirements, the site visit, and supporting information developed before any review, based on the Facilities Division policies and procedures and on the requirements outlined in the RFP;

(D) Include information relating to the workforce available in the area surrounding each proposed site from which the TDCJ would recruit correctional staff; and

(E) Identify and explain any deviations from the TBCJ approved process.

(4) Any selection process shall take into consideration the intent of the legislature to locate each facility:

(A) In close proximity to a county with 100,000 or more inhabitants to provide services and other resources provided in such a county;

(B) Cost-effectively with respect to its proximity to other TDCJ facilities;

(C) In close proximity to an area that would facilitate release of inmates [~~offenders~~] or persons to their area of residence; and

(D) In close proximity to an area that provides adequate educational opportunities and medical care.

(5) The TBCJ shall be responsible for site selection, but may request that TDCJ staff provide a short list of recommended sites or a preference ranking of sites with an explanation for the recommendation or ranking. Staff recommendations shall be determined through the scoring of information contained in each submitted proposal based on RFP requirements, actual site assessment, and information obtained from external and internal sources for each site. Staff recommendations may include, and the TBCJ may select, a site other than one contained in the submitted proposals if the site is on state-owned land.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 29, 2024.

TRD-202401871

Jennifer Childress

Chief Deputy General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: June 9, 2024

For further information, please call: (512) 463-9899

CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS

37 TAC §163.42

The Texas Board of Criminal Justice (board) proposes amendments to §163.42, concerning Substantial Noncompliance. The proposed amendments reflect the Office of Internal Audit as independent of the TDCJ.

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.

Cross Reference to Statutes: None.

§163.42.Substantial Noncompliance.

(a) Definition. Substantial noncompliance with the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) standards, for purposes of Texas Government Code §509.012, is defined as:

(1) intentional diversion, theft, or misapplication of TDCJ CJAD funding or grants for purposes other than the state funding award or allocation;

(2) violations of laws, regulations, or official manuals specific to the operations of the community supervision and corrections departments (CSCDs);

(3) intentional refusal to implement a TDCJ CJAD approved action plan that is a result of audits, reviews, or inspections;

(4) for purposes of qualifying for state aid under 37 Texas Administrative Code §163.43(a)(1)(F), relating to Funding and Financial Management, failure to hold the meeting to finalize the CSCD budget as required by Texas Local Government Code §140.004; and

(5) interference, obstruction, or hindrance with any efforts by the Texas Comptroller of Public Accounts, county auditor of the county that manages the CSCD's funds, TDCJ CJAD, Texas Board of Criminal Justice Office of [~~TDCJ~~] Internal Audit [~~Division~~], Legislative Budget Board, Texas State Auditor's Office, or Texas Sunset Advisory Commission to examine or audit the records, transactions, and performance of the CSCD or facilities.

(b) Imposing Sanctions. Sanctions imposed for substantial noncompliance shall be in accordance with the provisions outlined in 37 Texas Administrative Code §163.47, relating to Contested Matters.