(a) Definitions. The following words and terms, when used in this rule, shall have the following meanings unless the context clearly indicates otherwise.
  (1) "Assistance" refers to Texas Department of Criminal Justice (TDCJ) resources provided to law enforcement agencies or departments, and non-agent private prisons or jails such as personnel, equipment, vehicles, horses, tracking pack or scent specific canines, and chemical agents.
  (2) "Emergency situation" is an event determined by a law enforcement agency that presents an immediate or potential threat to public safety if the TDCJ’s assistance is not received. The situation will generally involve multiple offenders, an escape, or a hostage situation.
  (3) "Law enforcement agency or department" is defined as the Texas Department of Public Safety (DPS), including the Texas Rangers; a municipal police department; a county sheriff’s department; a federal law enforcement agency; a university police department; a campus police department; or a school district police department.
  (4) "Non-agent private prison or jail" is any privately operated or owned prison or jail in Texas that does not have a contract with the TDCJ to house TDCJ offenders.
  (5) "TDCJ facility" is any facility operated by or under contract with the TDCJ.
(b) Policy. It is the policy of the TDCJ to assist law enforcement agencies or departments requesting assistance in an emergency situation that presents an immediate or potential threat to public safety, such as apprehending an escapee of a municipal or county jail or a privately operated or federal correctional facility, if the TDCJ determines that providing assistance will not jeopardize the safety and security of the TDCJ and its personnel.
(c) Procedures.
  (1) Request for Assistance.
    (A) If a non-agent private prison or jail believes that an emergency situation has arisen, it must immediately notify the nearest law enforcement agency to qualify for the TDCJ’s assistance. In the case of a non-agent private prison or jail that operates a facility holding county inmates, the facility must first notify the county sheriff to qualify for the TDCJ’s assistance.
    (B) The law enforcement agency shall then determine whether the situation is indeed an emergency situation as defined in subsection (a)(2) of this rule. If the situation is determined to be an emergency, the law enforcement agency shall identify the scope of assistance being requested by consulting with the non-agent private prison or jail to determine:
      (i) Number and type of personnel needed;
      (ii) Number and type of vehicles needed;
      (iii) Amount and type of riot equipment needed;
      (iv) Number and type of weapons needed, including chemical agents;
      (v) Number of tracking pack or scent specific canines needed; and
      (vi) Number of horses needed.
    (C) After a Texas Ranger, DPS sergeant or higher ranking officer, county sheriff, or municipal police chief reviews the information gathered in subsection (c)(1)(B) of this rule and concurs with the scope of assistance required from the TDCJ, law enforcement agency staff may call the nearest TDCJ facility’s warden or designee to request assistance. The law enforcement agency shall describe the assistance being requested and agree to have a representative available to take an active role at the site of the emergency situation when the TDCJ team arrives.
  (2) Approval.
    (A) The TDCJ warden or designee shall contact the appropriate Correctional Institutions Division (CID) regional director for approval to render assistance. The regional director may agree to provide assistance if the assistance will not jeopardize the safety and security of the TDCJ and its personnel.
    (B) Once the TDCJ’s assistance is approved, the warden or designee shall, in conjunction with the CID regional director, determine what requested resources shall be sent, based on the assessment of the information received as well as concurrent TDCJ needs. The warden or designee shall designate the senior member of the TDCJ emergency assistance team.
  (3) Emergency Assistance.
    (A) The responding TDCJ facility shall report the request for assistance and the facility’s response to the Emergency Action Center (EAC) in accordance with AD-02.15, "Operations of the Emergency Action Center and Reporting Procedures for Serious or Unusual Incidents." The warden or designee shall be responsible for all follow-up actions as required by the directive.
    (B) Arrival at the Emergency Situation Site.
      (i) Upon arrival at the scene of the emergency situation site, the senior member of the TDCJ team shall be briefed by the representative of the law enforcement agency, department, or non-agent private prison or jail required by subsection (c)(1)(C) of this rule.
      (ii) The senior member of the TDCJ team shall have sole discretion as to which TDCJ resources shall be deployed.
    (C) The senior member of the TDCJ team shall be in charge of the TDCJ resources, to include personnel, at all times.
    (D) If the emergency situation requires the use of tracking pack or scent specific canines, the requirements of AD-03.26, "The Use of TDCJ Canines," shall be followed.
(d) Reimbursement for Assistance. The non-agent private prison or jail shall reimburse the TDCJ for all assistance rendered, to include the cost of employees, equipment, and supplies, as well as a minimum of $1,000 for administrative overhead expenses. The TDCJ executive director may waive this requirement.

Source Note: The provisions of this §152.61 adopted to be effective April 15, 1997, 22 TexReg 3431; amended to be effective September 3, 2008, 33 TexReg 7264; amended to be effective April 28, 2013, 38 TexReg 2511; amended to be effective September 14, 2017, 42 TexReg 4658