(a) One or more holding cells should be provided to hold inmates pending booking, court appearance, identification, housing assignment, discharge, or other reason for temporary housing. Inmates shall not be held for more than 48 hours and the cell shall include the following features.
  (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 14" to 18" above the finished floor and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity;
  (2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains;
  (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from 1 to 24 inmates and shall contain not less than 40 square feet of floor space for 1 inmate and 18 square feet of floor space for each additional inmate to be confined;
  (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned;
  (5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise.
(b) Remote Court Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding, processing, or for inmates awaiting trial shall include the following features and equipment:
  (1) Seating. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity;
  (2) Plumbing. Cells shall be provided with adequate toilets, and lavatories capable of providing drinking water. Floor drains should be provided;
  (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from 1 to 24 inmates and shall contain not less than 40 square feet of floor space for 1 inmate and 18 square feet of floor space for each additional inmate to be confined;
  (4) Surfaces. Floor, wall, and ceiling material should be durable and easily cleaned;
  (5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise;
  (6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall enunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building;
  (7) Audible Communication. Audible communications shall be provided.

Source Note: The provisions of this §261.138 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective August 16, 1996, 21 TexReg 7565; amended to be effective May 3, 2000, 25 TexReg 3794