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The Official Publication of the County Judges and Commissioners Association of Texas

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KEY CONCEPT: Texas Commission on Jail Standards

November 8, 2020 by County Progress

KEY QUESTION: What is the Texas Commission on Jail Standards, and how does the Commission affect county government?

REFERENCE POINTS:

Texas Administrative Code

TITLE 37 – PUBLIC SAFETY AND CORRECTIONS

PART 9 – TEXAS COMMISSION ON JAIL STANDARDS

 

TALKING POINTS:

  1. The Texas Legislature created the Texas Commission on Jail Standards (Commission) in 1975 to implement a declared state policy that all county jail facilities conform to minimum standards of construction, maintenance, and operation.
  2. The Commission is comprised of nine members appointed to six-year overlapping terms by the governor with concurrence of the Senate. Two members are to be county sheriffs, one must be a County Judge, one a licensed medical practitioner, and one a County Commissioner; four members are citizens not holding public office. The governor designates the chairperson. An executive director, appointed by the Commission, serves as the administrative officer of the Commission.
  3. In 1983, the Texas Legislature expanded the jurisdiction of the Commission to include county and municipal jails operated under vendor contract.
  4. In 1991, the Texas Legislature added the requirement for count, payment, and transfer of inmates when precipitated by crowded conditions, and expanded the Commission’s role of consultation and technical assistance.
  5. In 1997, the Texas Legislature affirmed that counties, municipalities, and private vendors housing out-of-state inmates are within the Commission’s jurisdiction.
  6. It is the duty of the Commission to establish and communicate reasonable written rules and procedures establishing minimum standards, inspection procedures, enforcement policies, and technical assistance for:
  7. the construction, equipment, maintenance, and operation of jail facilities under its jurisdiction;
  8. the custody, care, and treatment of inmates; and
  9. programs of rehabilitation, education, and recreation for inmates confined in county and municipal jail facilities under its jurisdiction.
  10. The Commission conducts yearly surprise inspections of county jails to determine compliance with standards. The Commission encourages members of the Commissioners Court to attend jail inspections.
  11. When the Commission determines minimum standards are not met in a jail, it informs the county sheriff and the Commissioners Court and sets a time period (usually a year) to have the situation corrected. The sheriff and Commissioners Court can apply to the Commission for a variance in the standards.
  12. When a county jail is found noncompliant and the problems are not corrected, the Commission has the authority to shut down the jail and require the transfer of prisoners to an acceptable detention facility.

 

Filed Under: Key Concept Tagged With: jail, Texas Commission on Jail Standards

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Dates of Interest for the 88th Regular Session of the Texas Legislature

Official deadlines will be set when the House and Senate adopt their rules, but until then, the Texas Legislative Council Drafting Manual provides the following general calendar: 

Bill pre-filing began:  Nov. 14, 2022 

1st day of session:  Jan. 10, 2023 

60-day bill filing deadline:  March 10, 2023  

Adjournment sine die:  May 29, 2023 

Post-session 20-day deadline for governor to sign or veto:  June 18, 2023 

Effective date (91st day after adjournment):  Aug. 28, 2023

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