(a) Counties will send commitment papers on inmates sentenced to the Texas Department of Criminal Justice (TDCJ) to the TDCJ Classification and Records Office (CRO) immediately following completion of the commitment papers. Those counties equipped to do so may send paperwork electronically.

(b) The TDCJ shall accept inmates sentenced to prison within 45 days of the date the commitment papers are certified by the CRO. If TDCJ does not take custody of an inmate within 45 days after the commitment papers are certified, TDCJ shall reimburse the county for each day of confinement within the county over 45 days at the most recent systemwide cost per day published by the Legislative Budget Board on the date the CRO receives the county's request for reimbursement.

(c) No later than the fifth business day after the date the CRO receives commitment papers from the county, the CRO shall:

(1) review and certify the commitment papers if the CRO determines there are no errors or deficiencies requiring corrective action by the county; or

(2) notify the county that the CRO has determined the commitment papers require corrective action by the county and identify the errors needing correction.

(d) Inmates shall be scheduled for admission based on:

(1) their length of confinement in relation to the 45 days from the date the commitment papers are certified; and

(2) transportation routes.

(e) Counties will inform the TDCJ State Ready Office when inmates for whom commitment papers have been sent are transferred to another facility by bench warrants.

(f) The TDCJ shall notify counties via electronic transmission, such as facsimile or email when applicable, of inmates scheduled for intake, the date of intake, the respective reception unit, and transportation arrangements. Inmates shall be sorted by name and State Identification (SID) number, as identified by the court judgment.

(g) Counties will notify the TDCJ admissions coordinator of any inmates who are not available for transfer and the reason they are not available for transfer.

(h) Counties may identify inmates with medical or security issues that may be scheduled for intake out of sequence on a case-by-case basis by contacting the TDCJ admissions coordinator.

(i) After the receipt of an order by a judge for admission of an inmate to a state jail, the placement determination shall be made by the TDCJ Admissions Office. Placement shall be made in the state jail designated as serving the county in which the inmate resides unless:

(1) the inmate has no residence or was a resident of another state at the time of committing an offense;

(2) alternative placement would protect the life or safety of any person;

(3) alternative placement would increase the likelihood of the inmate's successful completion of confinement or supervision;

(4) alternative placement is necessary to efficiently use available state jail capacity, including alternative placement because of gender; or

(5) alternative placement is necessary to provide medical or psychiatric care to the inmate.

(j) If the inmate is described by subsection (h)(1) of this rule, placement shall be made in the state jail designated as serving the county in which the offense was committed, unless a circumstance in subsection (i)(2) - (5) of this rule applies.

(k) The TDCJ Admissions Office shall attempt to have placement determinations made at a regional level that may include one or more regions as designated in 37 Texas Administrative Code § 152.5 relating to the designation of state jail regions.

(l) If a county believes reimbursement is due, the county shall complete and submit the authorized form to the CRO. Upon receipt of the authorized form, TDCJ shall:

(1) review each request for reimbursement received from a county;

(2) verify: (A) the certification date for all documents required to be submitted under Article 42.09, Code of Criminal Procedure; and (B) the date the inmate was received into TDCJ custody; and

(3) process all required payments for reimbursement in accordance with the Prompt Payment Act or notify the county and explain why no reimbursement is required.

Source Note: The provisions of this §152.3 adopted to be effective February 20, 2006, 31 TexReg 1048; amended to be effective March 4, 2012, 37 TexReg 1363; amended to be effective May 13, 2018, 43 TexReg 2797; amended to be effective November 5, 2023, 48 TexReg 6384