(a) General Administration.      
        (1) Purpose. Community residential facilities (CRF) that are operated through a contract with the Texas Department of Criminal Justice (TDCJ or Agency) are to provide housing, training, education, rehabilitation and reformation of persons released to parole and mandatory supervision, or whose supervision has been continued or modified. Contractors shall comply with this rule and all contract requirements. This rule does not apply to transitional treatment centers.       
        (2) Mission Statement. The facility director shall prepare and maintain a mission statement that describes the general purposes and overall goals of the facility's programs.       
      (b) Building, Safety, Sanitation and Health Codes.      
        (1) Compliance. The facility director shall ensure that the facility's construction, maintenance and operations complies with all applicable state, federal and local laws, building codes and regulations related to safety, sanitation and health. Records of compliance inspections, audits or written reports by internal and external sources shall be kept on file for examination and review by the TDCJ and other governmental agencies and authorities from program inception forward.       
        (2) Sanitation. The facility director shall operate the facility in accordance with the sanitation plan described in the Operational Plan.       
        (3) Physical Plant. The facility's buildings, including the improvements, fixtures, electric and heating and air conditioning, shall conform to all applicable building codes of federal, state and local laws, ordinances and regulations for physical plants and facilities housing residents.       
        (4) Fires. The facility, its furnishings, fire protection equipment and alarm system shall comply with the regulations of the fire authority having jurisdiction. Fire drills shall be conducted at least monthly. There shall be a written evacuation plan to be used in the event of a fire. The plan is to be certified by an independent qualified governmental agency or department or individual trained in the application of national and state fire safety codes. Such plan shall be reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. Fire safety equipment located at the facility shall be tested as specified by the manufacturer or the fire authority, whichever is more frequent. An annual inspection of the facility shall be conducted by the fire authority having jurisdiction or other qualified person(s).       
        (5) Emergency Plan. There shall be a written emergency plan for the facility and its operations, which includes an evacuation plan, to be used in the event of a major flood, storm or other emergencies. This plan shall be reviewed annually and updated, if necessary. All facility personnel shall be trained in the implementation of the written emergency plan. The emergency plan shall include the following:                  (A) Location of buildings/room floor plan;                   (B) Use of exit signs and directional arrows that are easily seen and read; and                   (C) Location(s) of publicly posted plan.         
      (c) Program and Service Areas.      
        (1) Space and Furnishings. The facility shall have space and furnishings to accommodate activities such as group meetings, private counseling, classroom activities, visitation, recreation and office space for the TDCJ staff.       
        (2) Housekeeping and Maintenance. The facility director shall ensure the facility is clean and in good repair, and a housekeeping and maintenance plan is in effect.       
        (3) Other Physical Environment and Facilities Issues. In each facility:                  (A) Space shall be provided for janitor closets which are equipped with cleaning implements and kept locked at all times when not in use;                   (B) There shall be storage areas in the facility for clothing, bedding and cleaning supplies;                   (C) There shall be clean, usable bedding, linens and towels for new residents with provision for exchange or laundering on at least a weekly basis; and                   (D) On an emergency or indigent basis, the facility shall provide personal hygiene articles.                   (E) There shall be adequate control of vermin and pests;                   (F) There shall be timely trash and garbage removal; and                   (G) Sanitation and safety inspections of all internal and external areas and equipment shall be performed and documented on a routine basis to protect the health and safety of all residents, staff and visitors.         
      (d) Supervision.      
        (1) Operations Manual. An operations manual shall be prepared for and used by each CRF which shall contain information and specify procedures and policies for resident census, contraband, supervision, physical plant inspection and emergency procedures, including detailed implementation instructions. The operations manual shall be accessible to all employees and volunteers. The operations manual shall be submitted to the TDCJ Private Facility Contract Monitoring/Oversight Division (PFCMOD) for review and approval. The facility director shall ensure that the operations manual is reviewed at least every two (2) years, and new or revised policies and procedures are submitted to the PFCMOD for review and approval. The operations manual shall be made available, including all changes, to designated staff and volunteers prior to implementation.       
        (2) Staffing Availability. The facility director shall ensure that the facility has the staff needed to provide coverage of designated security posts, surveillance of residents and to perform ancillary functions. Each contract shall have a staffing plan approved by the TDCJ prior to offender arrival.       
        (3) Activity Log. The facility director shall ensure that CRF staff maintain an activity log and prepare shift reports that record, at minimum, emergency situations, unusual situations and incidents and all absences of residents from a facility.       
        (4) Use of Force. The facility director shall ensure that a CRF has written policies, procedures and practices that restrict the use of physical force to instances of self-protection, protection of residents or others or prevention of property damage. In no event shall the use of physical force against a resident be justifiable as punishment. A written report shall be prepared following all uses of force, and promptly submitted to the PFCMOD and facility director for review and follow-up. The application of restraining devices, aerosol sprays, chemical agents, etc. shall only be accomplished by an individual who is properly trained in the use of such devices and only in an emergency situation for self-protection, protection of others or other circumstances as described previously.       
        (5) Access to Facility. The facility shall be secured to prevent unrestricted access by the general public or others without proper authorization.       
        (6) Control of Contraband/Searches. All facilities shall incorporate into the facility operations manual a list of authorized items offenders are allowed to possess while a resident of the facility. All incoming residents shall receive a copy of this list during the intake/orientation process, along with a written explanation of the provisions of Texas Penal Code, §38.114, which states that any resident found to possess any item not provided by, or authorized by the facility director, or any item authorized or provided by the facility that has been altered to accommodate a use other than the originally intended use, may be charged with a Class C misdemeanor. Any employee or volunteer who provides contraband to a resident of a CRF may be charged with a Class B misdemeanor. There shall also be policies defining facility shakedowns, strip searches and pat searches of residents to control contraband and provide for its disposal.       
        (7) Levels of Security. The facility director shall ensure that appropriate levels of security are maintained for the population served by the facility at all times. These levels of security shall create, at minimum, a monitored and structured environment in which a resident's interior and exterior movements and activities can be supervised by specific destination and time.       
        (8) Exterior Movements. At the discretion of the facility director or designee in conjunction with the Parole Division Regional Director or designee, residents of a CRF may be granted exterior movements. Exterior movements include, but are not limited to employment programs, community service restitution, support/treatment programs and programmatic incentives. The following minimum requirements shall be met for all exterior movements:                  (A) The facility director or designee in conjunction with the Parole Division Regional Director or designee approves the exterior movement;                   (B) A staff member orally advises the resident of the conditions and limitations of the exterior movement;                   (C) The resident acknowledges in writing an understanding of the conditions and limitations of the exterior movement; and                   (D) Exterior movements involving programmatic incentives may only be granted if the following additional requirements are met:                      (i) The resident meets all established requirements for the programmatic incentive, as determined by the supervisor of the program, and submits a written request for the exterior movement;                       (ii) The requested absence shall not exceed 24 hours unless there are unusual circumstances;                       (iii) The resident provides an itinerary for the absence including method of travel, departure and arrival times and locations during the exterior movement;                       (iv) The facility director or designee in conjunction with the Parole Division Regional Director or designee approves the itinerary and establishes the conditions of the exterior movement involving programmatic incentives; and                       (v) A staff member shall make random announced or unannounced personal or telephone contacts with the resident to verify the location of the resident during the exterior movement.           
        (9) Emergency Furloughs. At the discretion of the Parole Division Regional Director or designee, a resident may be granted an emergency furlough for the purpose of allowing a resident to attend a funeral, visit a seriously ill person, obtain medical treatment or attend to other exceptional business. Emergency furloughs may only be granted if the following conditions are met:                  (A) The resident submits a written request for the emergency furlough;                   (B) The facility director or designee verifies through an independent source including, but not limited to a physician, Red Cross representative, minister, rabbi, priest or other spiritual leader that the presence of the resident is appropriate;                   (C) The resident provides a proposed itinerary including method of travel, departure and arrival times and locations during the emergency furlough;                   (D) The requested absence shall not exceed 24 hours unless there are unusual circumstances; and                   (E) The Parole Division Regional Director or designee approves the itinerary and establishes the conditions of the emergency furlough.         
        (10) The CRF shall ensure that Spanish language assistance and the translation of selected documents are provided for Spanish-speaking residents who cannot speak or read English.       
      (e) Resident Abuse, Neglect and Exploitation. The facility shall protect the residents from abuse, neglect and exploitation. In accordance with the Prison Rape Elimination Act of 2003 (Public Law 108-79), all CRFs shall establish a zero tolerance standard for the incidence of sexual assault. Each facility shall make prevention of offender sexual assault a top priority. The CRFs shall have policies and procedures in accordance with any national standards published by the Attorney General of the United States. These policies and procedures shall include, but not be limited to the following:      
        (1) Detection, prevention, reduction and punishment of offender sexual assault;       
        (2) Standardized definitions to record accurate data regarding the incidence of offender sexual assault;       
        (3) A disciplinary process for facility staff who fail to take appropriate action to detect, prevent and reduce sexual assaults, to punish residents guilty of sexual assault and to protect the Eighth Amendment rights of all facility residents; and       
        (4) Notification to the TDCJ in accordance with AD-16.20, "Reporting Incidents to the Office of the Inspector General" and AD-02.15, "Operations of the Emergency Action Center and Reporting Procedures for Serious or Unusual Incidents."       
      (f) Rules and Discipline. There shall be documentation of program rule violations and the disciplinary process.      
        (1) Rules of Conduct. All incoming residents and staff shall receive written rules of conduct which specify acts prohibited within the facility and penalties that can be imposed for various degrees of violation.       
        (2) Limitations of Corrective Actions. Specific limits on corrective actions and summary punishment shall be established and strictly adhered to in an effort to reduce the potential of staff participating in abusive behavior towards residents. Limits shall include:                  (A) Notwithstanding the provisions in subsection (d)(4) of this rule, no physical contact by staff shall be made on a resident;                   (B) No profanity, sexual or racial comments shall be directed at residents by staff;                   (C) Residents shall not be used to impose corrective actions on other residents;                   (D) The severity of the corrective action shall be commensurate with the severity of the infraction; and                  Cont'd...