(a) Purpose.      
        (1) The purpose of this Community Justice Assistance Division (CJAD) rule is to set forth the eligibility, professional training, certification, and record-keeping requirements for Community Supervision and Corrections Departments' (CSCDs) professional staff, direct care staff, and contract staff.       
        (2) Once the CJAD has certified a community supervision officer (CSO) or residential CSO in accordance with this rule, the CSO or residential CSO will maintain certification and eligibility for certification provided they are in compliance with training hour requirements and are employed by a CSCD.       
        (3) CSCDs, CSOs, residential CSOs, direct care staff, and contract staff members who work at CSCDs, Substance Abuse Felony Punishment Facilities (SAFPFs), CSCD residential facilities, or Community Correction Facilities (CCFs) must comply with this rule.       
        (4) This rule specifies the certification and training requirements for professional staff and direct care staff based on their status as a new employee, an employee with less than four years of experience, an employee with more than four years of experience, a returning employee, or an employee who is exempt from certain certification requirements based upon their years of on-the-job experience.       
      (b) Definitions.      
        (1) Contract staff are staff working at a CSCD or one of its facilities pursuant to a contract rather than as permanent, full-time employees of the CSCD.       
        (2) CSOs are community supervision officers who provide direct supervision to offenders on community supervision.       
        (3) Direct care staff are staff providing direct care within a residential facility operated by a CSCD.       
        (4) Direct supervision refers to offenders who are legally on community supervision and who work or reside in the jurisdiction in which they are being supervised and receive a minimum of one face-to-face contact with a CSO every three months. Direct supervision begins at the time of initial face-to-face contact with an eligible CSO. Local CSCDs may maintain direct supervision of offenders living or working in adjoining jurisdictions if the CSCD has documented approval from the adjoining jurisdictions.       
        (5) Professional staff, for purposes of this rule, includes CSCD directors and assistant directors, CCF directors and assistant directors, CSO supervisory staff, CSOs, and residential CSOs.       
        (6) Professional training includes a formal presentation of specific behavioral learning objectives and skills or specific knowledge in actual day-to-day community supervision work and approved by the CSCD director, in writing, as professional training.       
        (7) Residential CSOs are community supervision officers who provide direct supervision to offenders sentenced to community supervision within a residential facility managed by a CSCD.       
      (c) Eligibility for employment as a CSO or residential CSO. To be eligible for employment as a CSO or residential CSO serving in a position of direct supervision of offenders, a person must:      
        (1) Have a bachelor's degree conferred by an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;       
        (2) Not be a person employed or volunteering as a peace officer or work as a reserve or volunteer peace officer;       
        (3) Be eligible to supervise offenders in accordance with Texas Criminal Justice Information Services (CJIS) Access Policy; and       
        (4) Become certified and attend professional training in accordance with this rule.       
      (d) Newly hired CSO or residential CSO certification. A newly hired CSO or residential CSO shall complete the certification course and achieve a passing grade on the applicable CJAD certification examination within one year of the date of employment as a CSO or residential CSO. A CSO or residential CSO may complete course work and take examinations to achieve dual certification.      
        (1) A CSO or residential CSO who fails to achieve certification within the first year of employment shall not serve in a position of direct supervision over offenders until certification is achieved unless the CJAD grants an extension for the completion of course work and re-examination.       
        (2) A CSO or residential CSO who completes the certification course work but fails to pass the certification examination may take the examination a second time. A CSO or residential CSO who fails the examination a second time shall complete the certification course again before taking the examination for the third and final time.       
        (3) A CSO or residential CSO who has failed the certification examination three times is eligible to pursue certification no sooner than two years after the last failed examination in accordance with this rule and shall not serve in a position of direct supervision over offenders until certification is achieved.       
      (e) Exempt CSO and residential CSO certification. A CSO or residential CSO who has been continuously employed by any CSCD in Texas from on or before September 1, 1989, is exempt from the certification requirements. Certification courses and the certification examination, however, shall be available to exempt CSOs and residential CSOs. Exempt CSOs or residential CSOs who complete the certification course work but fail to pass the certification examination may take the examination a second time. An exempt CSO or residential CSO who fails the examination a second time may complete the certification course again before taking the examination for the third and final time. Although exempt from certification, exempt CSOs and residential CSOs are required to complete professional training each biennium in accordance with this rule.     
      (f) Recertification of professional staff upon re-employment. Professional staff subject to the certification provisions of this rule who have left the employment of a Texas CSCD for more than one year are required to become recertified in accordance with this rule. All professional staff employees who had less than one year of experience before leaving the employment of a CSCD must become certified or recertified in accordance with this rule.     
      (g) Professional training of professional staff.      
        (1) Professional staff with less than four years of experience shall complete at least 80 documented hours of professional training each biennium.                  (A) Up to 40 hours in excess of the 80 required professional training hours may be carried over to the next biennium.                   (B) Professional staff who fail to complete the required 80 hours of professional training within a biennium shall not serve in a position of direct supervision of offenders until the required professional training hours are completed.         
        (2) Professional staff with at least four years of experience shall complete at least 40 documented hours of professional training each biennium, beginning the biennium after which four years of experience is achieved.                  (A) At least two of the required four years of experience shall have been earned as a full-time, wage-earning officer in Texas community supervision. Up to two of the four years of required experience may have been earned through work in juvenile probation or parole, adult parole, or similar work in other states. The required four years of experience is not required to be continuous.                   (B) Up to 20 hours in excess of the 40 required professional training hours may be carried over to the next biennium.                   (C) Professional staff who fail to complete the required 40 hours of professional training within a biennium shall not serve in a position of direct supervision over offenders until the required professional training hours are completed. Professional staff who are exempt from certification as defined in this rule and fail to complete the required 40 hours of professional training within a biennium shall not serve in a position of direct supervision over offenders until the required professional training hours are completed.         
      (h) Training of CSOs who supervise SAFPF program participants.      
        (1) CSOs who supervise participants in a SAFPF program shall complete the CJAD approved training designed for officers who supervise SAFPF program participants during the course of treatment in a SAFPF and in the continuum of care component of the SAFPF program.       
        (2) The training shall be completed within one year of being assigned supervision of SAFPF program participants, unless the CJAD grants an extension for completion of the course work.       
        (3) CSOs who supervise SAFPF program participants and who fail to complete the CJAD approved SAFPF training shall not serve in a position of direct supervision over SAFPF program participants until the required CJAD approved SAFPF training is completed, unless the CJAD grants an extension.       
      (i) Direct care staff certifications and professional training.      
        (1) Newly hired direct care staff certifications. Direct care staff working in a residential facility shall be required to complete the following types of training and obtain the required certifications within one year of their initial hire date as follows:                  (A) Training in ethics, discrimination, and sexual harassment;                   (B) Certification in first aid procedures, cardiopulmonary resuscitation (CPR) procedures, and HIV/AIDS education. Direct care staff shall maintain certification in first aid procedures, CPR procedures, and HIV/AIDS education in accordance with the training authority's guidelines for frequency of training and certification in first aid procedures, CPR procedures, and HIV/AIDS education;                   (C) Residential staff certification training offered by the CJAD; and                   (D) A defensive driving course and provide certification of completion with a passing grade from the course provider to the CSCD director or designee. Direct care staff shall take defensive driving courses in accordance with the training authority's guidelines for frequency of training and certification in defensive driving.         
        (2) Direct care staff working in a residential facility shall be required to complete professional training as follows:                  (A) All residential direct care staff, including contract staff, with less than four years of experience at the close of business on August 31st of any biennium, shall be required to complete a minimum of 40 hours of documented professional training per biennium.                   (B) A minimum of 20 professional training hours per biennium shall be specific to the needs of the offender population served by the facility.                   (C) Up to 20 hours in excess of the 40 required professional training hours may be carried over to the next biennium.         
        (3) Direct care residential staff with four or more years of experience at the close of business on August 31st of any biennium, regardless of when the four years of experience is achieved, shall complete at least 20 documented hours of professional training each biennium.                  (A) For purposes of this section, experience may include up to two years of prior employment as a correctional officer or direct care staff in a juvenile facility, jail, parole facility, state jail facility, prison, private vendor residential facility, or similar work in another state. At least two of the required four years of experience shall have been as a full-time, wage-earning direct care staff member in a CCF funded by the TDCJ CJAD in Texas. The required four years of experience is not required to be continuous.                   (B) The reduced number of hours of required professional training for the direct care residential staff who have at least four years of experience shall not affect or reduce the training requirements regarding CPR, first aid, or defensive driving. A maximum of 10 hours earned in excess of the 20 required professional training hours may be carried over to the next biennium. Direct care residential staff who fail to complete the required 20 hours of training within a biennium shall not serve as direct care residential staff until the required hours are completed.         
      (j) Maintenance of records. Each CSCD director shall have a written policy that requires the maintenance of training records for each professional staff or direct care staff employee and contract staff member. The CSCD director or designee shall ensure that training records for staff identified in this rule are maintained and available for CJAD auditors. Those records shall include:      
        (1) The number of professional training hours completed and the dates of the training;       
        (2) The specific training programs attended with supporting documentation;       
        (3) The specific certifications obtained with supporting documentation;       
        (4) The number of completed professional training hours certified in writing by the CSCD director or designee as professional training; and       
        (5) The number of professional training hours carried over from one biennium to the next biennium in accordance with these rules.       
     Source Note:        The provisions of this §163.33 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2961; amended to be effective April 28, 2013, 38 TexReg 2512; amended to be effective July 11, 2019, 44 TexReg 3438; amended to be effective July 16, 2020, 45 TexReg 4778