Offender Orientation Handbook English
Offender Orientation Handbook English
as
Approved by the
Printed
APRIL 2016
TDCJCID Region I
1225 Ave. G
Huntsville, Texas 77340
TDCJ-CID Region IV
965 Ofstie St.
Beeville, Texas 78102
TDCJ-CID Region II
#2 Backgate Road
Palestine, Texas 75803
TDCJ-CID Region V
304 W. 6th St.
Plainview, Texas 79072
TDCJ-CID Region VI
1002 Carroll Street
Gatesville, Texas 76528
Units/Facilities
Allred
2101 FM 369 North
Iowa Park, TX 76367
Boyd
200 Spur 113
Teague, TX 75860
B. Moore
8500 North FM 3053
Overton, TX 75684
Bradshaw
P. O. Box 9000
Henderson, TX 75653
9000
C. Moore
1700 N. FM 87
Bonham, TX 75418
Bartlett
1018 Arnold Dr.
Bartlett, TX 76511
Bridgeport
4000 North 10th Street
Bridgeport, TX 76426
Beto
1391 FM 3328
Tennessee Colony, TX 75880
Briscoe
1459 W. Highway 85
Dilley, TX 78017-4601
Clemens
11034 Hwy 36
Brazoria, TX 77422
Clements
9601 Spur 591
Amarillo, TX 79107-9606
Cole
3801 Silo Road
Bonham, TX 75418
Connally
899 FM 632
Kenedy, TX 78119
Dalhart
11950 FM 998
Dalhart, TX 79022
Daniel
938 South FM 1673
Snyder, TX 79549
Darrington
59 Darrington Road
Rosharon,TX 77583
Coffield
2661 FM 2054
Tennessee Colony, TX
75884
Crain
1401 State School Road
Gatesville, TX 76599
2999
Diboll
1604 South First Street
Diboll, TX 75941
Dominguez
6535 Cagnon Road
San Antonio, TX 78252
Duncan
1502 South First Street
Diboll, TX 75941
Eastham
2665 Prison Road #1
Lovelady, TX 75851
Estes
1100 Highway 1807
Venus, TX 76084
Garza East
4304 Highway 202
Beeville, TX 78102
Glossbrenner
5100 S. FM 1329
San Diego, TX 78384
Ellis
1697 FM 980
Huntsville, TX 77343
Formby
998 County Road AA
Plainview, TX 79072
Gist
3295 FM 3514
Beaumont, TX 77705
Gurney
P. O. Box 6400
Tennessee Colony, TX 75861
Estelle
264 FM 3478
Huntsville, TX 77320-3322
Fort Stockton
1536 IH- 10
Fort Stockton, TX 79735
Goodman
Route 1, Box 273
Jasper, TX 75951
Halbert
P. O. Box 923
Burnet, TX 78611-0923
Hamilton
200 Lee Morrison Lane
Bryan, TX 77807
Havins
500 FM 45 East
Brownwood, TX 76801
Henley
7581 Hwy 321
Dayton, TX 77535
Hightower
902 FM 686
Dayton, TX 77535
Hilltop
1500 State School Road
Gatesville, TX 76598
Hospital Galveston
P. O. Box 48, Sub St. 1
Galveston, TX 77555
Jester I
1 Jester Road
Richmond, TX 77406
Jordan/Baten
1992 Helton Road
Pampa, TX 79065
Lewis
P. O. Box 9000
Woodville, TX 75990
Luther
1800 Luther Dr.
Navasota, TX 77868
McConnell
3001 S. Emily Drive
Beeville, TX 78102
Hobby
742 FM 712
Marlin, TX 76661-4685
Hughes
3201 FM 929
Gatesville, TX 76597
Jester III
3 Jester Road
Richmond, TX 77406
Kegans
707 Top Street
Houston, TX 77002
Lindsey
1137 Old Post Oak Road
Jacksboro, TX 76458
Lychner
2350 Atascocita Road
Humble, TX 77396
Michael
2664 FM 2054
Tennessee Colony, TX
75886
Hodge
379 FM 2972 W.
Rusk, TX 75785
Huntsville
815 12tth Street
Huntsville, TX 77340
Jester IV
4 Jester Road
Richmond, TX 77406
Kyle
23001 IH 35
Kyle, TX 78640
Lockhart
P. O. Box 1170
Lockhart, TX 78644
Lynaugh
1098 S. Highway 2037
Fort Stockton, TX 79735
Middleton
13055 FM 3522
Abilene, TX 79601
Holliday
295 IH 45N
Huntsville, TX 77320
Hutchins
1500 East Langdon Road
Dallas, TX 75241
Johnston
703 Airport Road
Winnsboro, TX 75494
LeBlanc
3695 FM 3514
Beaumont, TX 77705
Lopez
1203 El Cibolo Rd.
Edinburg, TX 78542
Marlin
2893 State Hwy 6
Marlin, TX 76661
Montford
8602 Peach Street
Lubbock, TX 79404
Byrd
21 FM 247
Huntsville, TX 77320
Cleveland
P. O. Box 1678
Cleveland, TX 77328
Cotulla
610 FM 624
Cotulla, TX 78014
Mountain View
2305 Ransom Rd.
Gatesville, TX 76528
Pack
2400 Wallace Pack
Navasota, TX 77868
Murray
1916 N. Hwy 36 Bypass
Gatesville, TX 76596
Plane
904 FM 686
Dayton, TX 77535
Neal
9055 Spur 591
Amarillo, TX 79107
Polunsky
3872 FM 350 South
Livingston, TX 77351
Ney
114 Private Road 4303
Hondo, TX 78861-3812
Powledge
1400 FM 3452
Palestine, TX 75803
Ramsey I
1100 FM 655
Rosharon, TX 77583
Sanchez
3901 State Jail Road
El Paso, TX 79938
Robertson
12071 FM 3522
Abilene, TX 79601
Sayle
4176 FM 1800
Breckenridge, TX 76424
Rudd
2004 Lamesa Highway
Brownfield, TX 79316
Scott
6999 Retrieve
Angleton, TX 77515
Segovia
1201 E. Cibolo Road
Edinburg, TX 78542
Roach
15845 FM 164
Childress, TX 79201
San Saba
206 S. Wallace Creek
Rd.
San Saba, TX 76877
Skyview
379 FM 2972 W
Rusk, TX 75785
Stevenson
1525 FM 766
Cuero, TX 77954
Stiles
3060 FM 3514
Beaumont, TX 77705
Stringfellow
1200 FM 655
Rosharon, TX 77583
Telford
P. O. Box 9200
New Boston, TX 75570
Terrell
1300 FM 655
Rosharon, TX 77583
Torres
125 Private Road #4303
Hondo, TX 78861
Travis County
8101 FM 969
Austin, TX 78724
Vance
2 Jester Road
Richmond, TX 77406
Wallace
1675 S. FM 3525
Colorado City, TX 79512
Ware
1681 S. FM 3525
Colorado City, TX 79512
Willacy County
1695 South Buffalo Drive
Raymondville, TX 78580
Wheeler
986 County Road AA
Plainview, TX 79072
Carol S. Young Medical
Facility Complex
5509 Attwater Ave.
Dickinson, TX 77539
This handbook contains general information and rules adopted by the Director of the
Texas Department of Criminal Justice Correctional Institutions Division (TDCJ-CID).
Management
The Division Director and Deputy Directors of the CID are responsible for guiding the
day-to-day operations and management of the TDCJ-CID offender population.
TABLE OF CONTENTS
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
II.
Unit Classification.................................................................................. 5
A.
B.
C.
D.
E.
F.
G.
H.
III.
Orientation................................................................................................. 2
Custody Levels.......................................................................................... 5
1.
Administrative Segregation or State Jail, SR Custody................. 6
2.
General Population Level 5 - State Jail, GP, Level 5 (J5) ........... 6
3.
General Population Level 4 - State Jail, GP, Level 4 (J4) ........... 6
4.
General Population Level 3.......................................................... 6
5.
General Population Level 2 - State Jail, GP, Level 2 (J2) ........... 6
6.
General Population Level 1 - State Jail, GP, Level 1 (J1) ........... 6
Committees ............................................................................................... 6
1.
Unit Classification Committee ...................................................... 7
2.
Administrative Segregation Committee ....................................... 7
3.
State Classification Committee .................................................... 7
4.
Security Precaution Designator Review Committee .................... 7
1.
Prison Offenders ........................................................................ 10
2.
State Jail Offenders ................................................................... 10
A.
B.
C.
D.
E.
F.
G.
H.
I.
1.
Clothing ...................................................................................... 12
2.
Towels ........................................................................................ 13
3.
Linens ......................................................................................... 13
4.
Exchange Procedures for Necessities Items ............................. 13
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J.
K.
L.
M.
N.
IV.
Offender Property.................................................................................... 18
Contraband ............................................................................................. 21
A.
B.
C.
D.
E.
F.
G.
H.
I.
1.
Report the Abuse to any Staff Member Immediately ................. 29
2.
Investigations ............................................................................. 30
3.
Offender Perpetrator Consequences ......................................... 31
V.
VI.
A.
B.
C.
D.
E.
F.
Education ................................................................................................ 32
1.
Testing and Assessment............................................................ 32
2.
Counseling ................................................................................. 33
3.
Adult Literacy, Basic Skills and GED Preparation ..................... 33
4.
Special Education ..................................................................... 33
5.
English as a Second Language (ESL) ....................................... 33
6.
Title I .......................................................................................... 33
7.
Pre-Release Programs .............................................................. 34
8.
Cognitive Intervention ................................................................ 34
9.
Career and Technical Education ............................................... 35
10.
Libraries ..................................................................................... 35
11.
School Rules .............................................................................. 36
12.
Information on Education Programs .......................................... 36
1.
Non-Programmatic ..................................................................... 37
2.
Programmatic ............................................................................. 37
1.
Medical Services ........................................................................ 39
2.
Dental Services .......................................................................... 40
3.
Pharmacy Services .................................................................... 41
4.
Psychiatric and Psychological Services ..................................... 41
5.
Developmental Disabilities Program (DDP) ............................... 42
6.
Complaints about Medical Services ........................................... 42
1.
Individualized Treatment Plan (ITP) .......................................... 43
2.
Administrative Segregation Pre-Release Program (ASPP) ....... 43
3.
Gang Renouncement and Disassociation Process (GRAD) ..... 43
4.
Serious and Violent Offender Reentry Initiative (SVORI) .......... 44
5.
Administrative Segregation Transition Program ........................ 44
6.
Baby and Mother Bonding Initiative (BAMBI) Program ............. 44
ii
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7.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
VII.
a.
Dorms ........................................................................... 44
b.
InnerChange Freedom Initiative (IFI) ............................ 44
c.
Voyager ......................................................................... 45
8.
College Courses ........................................................................ 45
9.
College Technical Courses ........................................................ 45
10.
Southwestern Baptist Theological Seminary (SWBTS) ............. 46
11.
Religious Services ..................................................................... 46
12.
Sex Offender Rehabilitation Programs and Evaluation ............. 47
a.
Minimum Requirements ................................................ 47
b.
Sex Offender Treatment Program (SOTP-18) .............. 47
c.
Sex Offender Treatment Program (SOTP-9) ................ 47
d.
Sex Offender Education Program (SOEP-4) ................ 47
e.
Risk Assessment .......................................................... 47
13.
Civil Commitment of Sexually Violent Predators ....................... 48
14.
Sex Offender Registration Program Information........................ 49
15.
Orchiectomy ............................................................................... 50
16.
Substance Abuse Treatment Programs..................................... 50
17.
Driving While Intoxicated (DWI) Program .................................. 51
18.
In-Prison Therapeutic Community (IPTC) .................................. 51
19.
Pre-Release Substance Abuse Program (PRSAP) ................... 51
20.
Pre-Release Therapeutic Community (PRTC) .......................... 51
21.
State Jail Substance Abuse Program (SJSAP) ......................... 51
22.
Substance Abuse Felony Punishment Facility (SAFPF) ........... 51
23.
Support Groups .......................................................................... 52
24.
Volunteer Programs ................................................................... 52
25.
Youthful Offender COURAGE Program ..................................... 52
1.
Criminal Defense ....................................................................... 53
2.
Appellate .................................................................................... 53
3.
Civil Defense .............................................................................. 53
4.
Immigration ................................................................................ 54
5.
Legal Services ........................................................................... 54
6.
Innocence & Wrongful Convictions ............................................ 54
7.
Prisoners Civil Rights ................................................................ 54
8.
How Offenders Can Get Help .................................................... 54
Ombudsman Program. 55
Correspondence Rules... 56
Visitation .................................................................................................. 57
1.
Emergency Absence .................................................................. 63
2.
Emergency Absence Eligibility Requirements ........................... 63
ID Cards .................................................................................................. 67
Commissary ............................................................................................ 68
A.
B.
iii
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C.
D.
VIII.
IX.
X.
A.
B.
C.
1.
70th Legislature Requirements ................................................... 78
2.
71st & 72nd Legislature Requirements ........................................ 79
3.
73rd Legislature Requirements ................................................... 80
4.
74th Legislature Requirements ................................................... 81
5.
75th Legislature Requirements ................................................... 82
6.
76th Legislature Requirements ................................................... 82
7.
77th Legislature Requirements ................................................... 82
8.
78th Legislature Requirements ................................................... 82
9.
79th Legislature Requirements ................................................... 83
10.
80th Legislature Requirements ................................................... 83
11.
81st Legislature Requirements ................................................... 83
12.
82nd Legislature Requirements .................................................. 83
13.
83rd Legislature Requirements ................................................... 83
D.
E.
F.
G.
Reentry ................................................................................................ 84
A.
B.
C.
D.
E.
F.
G.
H.
XI.
A.
B.
C.
D.
XII.
Introduction ....................................................................................89
Definitions ......................................................................................89
iv
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I.
Visitation Schedule............................................................................................... 91
A.
Periods of Visitation ................................................................................ 91
B.
Frequency of Visits ................................................................................. 92
C.
Visits Requiring Advanced Scheduling ................................................... 93
D.
Number of Visitors Allowed ..................................................................... 93
II.
III.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
IV.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
V.
VII.
A.
B.
C.
D.
E.
F.
VI.
Contraband Items.................................................................................... 98
A.
B.
C.
D.
E.
F.
G.
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VIII.
IX.
X.
I.
A.
B.
C.
D.
II.
A.
B.
III.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
V.
A.
B.
IV.
Mailrooms.............................................................................................. 119
A.
B.
I.
A.
B.
C.
II.
Camp, and Death Row Offender Access to the Law Library (Indirect
A.
B.
vi
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III.
A.
B.
IV.
A.
B.
V.
A.
B.
VII.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
VI.
General Guidelines.132
Telephone Call and Attorney of Record Approval ............................... 132
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CHAPTER 1
OFFENDER ACCESS TO SERVICES AND
STANDARDS FOR BEHAVIOR
I.
INTAKE PROCESS
All offenders committed to the Texas Department of Criminal Justice (TDCJ) are received at a
prison, state jail, intermediate sanction faction (ISF) or a substance abuse felony punishment
(SAFP) intake facility. These facilities are equipped to receive and process offenders admitted to
the agencys custody. Offenders who speak little or no English will be identified and will receive
the necessary type of language assistance during the intake process and later when assigned to
a unit.
A.
B.
Photographed;
2.
Fingerprinted;
3.
4.
The fingerprints will be sent to the FBI and the Texas Department of Public Safety (DPS).
The Photograph and Identification process helps identify every offender to make sure no
one is admitted or released illegally, and creates the TDCJ-issued identification card that
each offender is required to carry.
C.
Physical Examination
Offenders will be given a physical examination by medical and dental staff. The medical
and dental staff will ask each offender about his medical history. The medical and dental
staff will use the results to determine the special needs, if any, of an offender. The
special medical needs of an offender will be taken into consideration during the
classification process.
D.
An offender may be
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E.
F.
Orientation
An orientation video is provided to all new offenders, also available in Spanish to those
offenders who require it. The orientation will cover the following:
Part 1 Directors Introduction
Part 3 Classification
Part 24 Chaplaincy
Offenders will also participate in Peer Education classes addressing Prison Rape
Elimination Act (PREA) awareness, and medical issues. During intake, offenders will
receive information explaining the agency's zero-tolerance policy regarding sexual abuse
and sexual harassment and how to report incidents or suspicions of sexual abuse or
sexual harassment. Within 30 days of intake, the agency will provide comprehensive
education to offenders either in person or through video regarding an offenders right to
be free from sexual abuse and sexual harassment and to be free from retaliation for
reporting such incidents, and regarding agency policies and procedures for responding to
such incidents.
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Current offenders who have not received such education will be educated within one year
of the effective date of the PREA standards, and will receive education upon transfer to a
different unit to the extent that the policies and procedures of the offender's new unit
differ from those of the previous unit. The agency will provide offender education in
formats accessible to all offenders, including those who are limited English proficient,
deaf, visually impaired, or otherwise disabled, as well as to offenders who have limited
reading skills. The agency maintains documentation of all offender participation in these
education sessions. Key information is continuously and readily available or visible to
offenders through posters, offender handbooks, or other written formats. (Safe
Prisons/PREA Office)
Offenders will view a video provide by the Veterans Health Administration, Suits: Support
for Incarcerated Veterans. Female offenders will also view a video on fetal alcohol
syndrome.
G.
H.
Criminal history;
2.
Social history;
3.
Institutional history;
4.
Educational history;
5.
Employment history;
6.
Family history;
7.
Military history;
8.
9.
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I.
Prison Offenders
The State Classification Committee (SCC) and designated staff of the Classification and
Records Office (CRO) will determine the first unit to which each offender sentenced to
prison will be sent. Offenders do not have the right to choose their unit of assignment.
Offenders are assigned to units by the SCC after intake processing is completed.
Offenders spend the first few weeks going through the intake process. Data is collected
on each offender. The SCC and CRO staff use this data to place offenders with similar
characteristics on units or facilities together. The SCC and CRO staff will make its
decision based on:
1.
2.
3.
4.
Based on 1-4 above, the SCC may also recommend the offender's:
J.
1.
2.
3.
Job assignment.
K.
1.
Convicted of a fourth degree (or state jail) felony and sentenced by a court to
serve a sentence of up to 24 months in a TDCJ State Jail facility.
Housed in a state jail facility closest to their county of conviction that can
accommodate the offenders need. There are nine designated state jail service
regions served by one or more state jail facilities. These service regions were
created to provide cost effective community based incarceration enabling
offenders to connect to services in their home communities.
Transfer Offenders
Transfer offenders are convicted of 1st, 2nd or 3rd degree felonies and are awaiting
assignment to a permanent facility and subject to the classification procedures as stated
above. Offenders can be detained in a transfer facility for up to two years before being
moved into a permanent facility.
L.
SAFPF Offenders
Substance Abuse Felony Punishment Facility (SAFPF) offenders are normally assigned
to units closest to their county of residence in order to facilitate family visits, family
counseling, as well as to maintain contact with the offenders Community Supervision
officer (CSO).
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M.
Foreign Nationals
If you are a non-U.S. citizen, you are entitled to have TDCJ notify your countrys consular
representatives here in the United States. A consular official from your country may be
able to help you obtain legal counsel, and may contact your family and visit you in
detention, among other things. If you want TDCJ to notify your countrys consular
officials, you can request this notification now by advising an intake staff member or at
any time in the future by contacting the classification office on your unit.
If you are a non-U.S. citizen and a citizen of one of the following countries you MUST
advise TDCJ immediately. It is mandatory that your countrys consular representatives in
the United States be notified that you have been detained. After your consular officials
are notified, they may call or visit you. You are not required to accept their assistance,
but they may be able to help you obtain legal counsel and may contact your family and
visit you in detention, among other things.
Albania
Algeria
Antigua and Barbuda
Armenia
Azerbaijan
Bahamas
Barbados
Belarus
Belize
Brunei
Bulgaria
China
Costa Rica
Cyprus
Czech Republic
Dominica
Fiji
Gambia
Georgia
Ghana
Grenada
II.
Guyana
Hong Kong
Hungary
Jamaica
Kazakhstan
Kiribati
Kuwait
Kyrgyzstan
Malaysia
Malta
Mauritius
Moldova
Mongolia
Nigeria
Philippines
Poland (non-permanent Residents Only)
Romania
Russia
Saint Kitts and Nevis
Saint Lucia
Saint
Vincent
and
the
Grenadines
Seychelles
Sierra Leone
Singapore
Slovakia
Tajikistan
Tanzania
Tonga
Trinidad & Tobago
Tunisia
Turkmenistan
Tuvalu
Ukraine
United Kingdom
Uzbekistan
Zambia
Zimbabwe
UNIT CLASSIFICATION
A.
Custody Levels
On the unit of assignment, an offender is given a custody designation which indicates
several things. It tells where and with whom he can live, how much supervision he will
need, and what job he can be assigned to.
An offender's custody level depends on his current institutional behavior, his previous
institutional behavior, and his current offense and sentence length. If the offender
violates any rules, he may be placed in a more restrictive custody. If the offender
complies with the rules, he may be assigned a less restrictive custody level.
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1.
2.
3.
4.
5.
6.
1.
2.
3.
4.
5.
Administrative Segregation
General Population Level 5 (G5)
General Population Level 4 (G4)
General Population Level 3 (G3)
General Population Level 2 (G2)
General Population Level 1 (G1)
1.
2.
General population Level 5 (G5) or (J5) custody refers to offenders who have
assaultive or aggressive disciplinary records. G5 or J5 custody offenders must
live in cells. They may not work outside the security fence without direct, armed
supervision.
3.
General population Level 4 (G4) or (J4) custody means the offender must live in
a cell, with few exceptions, and may work outside the security fence under direct
armed supervision. J4 state jail offenders may be housed in designated dorms.
4.
General population Level 3 (G3) refers to prison offenders who may live in dorms
or cells inside the main building of the unit. G3 offenders are ineligible to live in
dorms outside the main building of a unit, inside the security fence. G3 offenders
will be generally assigned to field force and secure jobs inside the perimeter as
designated by the warden. They may work outside the security fence under
direct armed supervision. (state jail offenders are not assigned to level 3 custody
as this custody is reserved for offenders serving sentences of 50 years or
greater.)
5.
General population Level 2 (G2) or (J2) custody refers to offenders who may live
in dorms or cells inside the security fence. They may work outside the security
fence under direct armed supervision.
6.
General population Level 1 (G1) or (J1) custody allows offenders to live in dorms
outside the security fence. Offenders living in trusty camps will be classified OT
custody. They may work outside the security fence with periodic unarmed
supervision.
Note: Offenders in general population custody levels may also be given a safekeeping
status (P2 P5) if they need an added level of protection from other offenders.
B.
Committees
In TDCJ, a classification committee determines an offenders custody.
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1.
2.
3.
4.
C.
Inter-Unit Transfers
Inter-unit transfers are transfers from one unit to another. Offenders do not have a right
to choose their unit of assignment. Inter-Unit transfers are based on departmental and
offender needs. Transfer requests follow a process. The warden, the Unit Classification
Committee or the proper department head must first recommend transfer requests. If
approved at the unit level, the unit will then contact the State Classification Committee for
final approval.
Transfer requests for medical or educational reasons must be made to the appropriate
department. For example, the Education Department must review and approve a transfer
request to attend a four-year college program. If approved, the department head
forwards the request to the State Classification Committee for its review. The State
Classification Committee will not review transfer requests directly from offenders.
Some offenders have problems/conflicts on their unit and want a transfer. These
offenders should contact the unit staff for help. If further review is needed, the State
Classification Committee will be contacted.
Hardship transfer requests may be considered to accommodate immediate family
members listed on the offenders approved visitation list if medical documentation can be
obtained. The request must come from the offenders immediate family member.
D.
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Good conduct time is a privilege, not a right. Offenders must follow the rules in order to
receive good conduct time. Some or all of the good conduct time awarded to an offender
may be taken away for disciplinary infractions.
When offenders enter the TDCJ, they are assigned a time-earning status of Line Class I.
Offenders can work their way into a higher time-earning status or be placed into a lower
time-earning status, dependant upon their behavior. Each time-earning status is linked
with a set number of days of good conduct time that can be earned each month. This
rate is fixed by law. There are two (2) types of time-earning statuses:
1.
Line Class status (ranging from Line Class III to Line Class I), and
2.
Newly received offenders will be assigned to Line Class I status and must wait six (6)
months before they are eligible for promotion in time-earning status. They will be
automatically promoted if they do not have any major disciplinary cases during this time
period.
Good conduct time is awarded based on the laws in effect when the crime was
committed, as described below.
Offenders who committed their crimes before September 1, 1987 are "Pre-70th
Legislature" offenders. These offenders are also known as "65th Legislature" offenders.
They are awarded good conduct time each month based on their time-earning status.
"Pre-70th Legislature, 65th Legislature and Pre-65th Legislature offenders can also earn
up to 15 extra days of good conduct time each month. These extra credits are called "A",
"B", and "C" credits. To receive these credits, offenders must complete one or more
programs in academic or vocational education or complete an On-the-Job Training
Program while in the TDCJ. These extra credits are awarded from the time the program
was completed. Offenders in Line Class III status are not eligible to receive "A", "B", or
"C" credits.
Offenders who committed their crime on or after September 1, 1987 are known as "70th
Legislature" offenders. They are awarded good conduct time each month based on their
time-earning status if they participate in assigned work or school programs. For
participating, these offenders also get an extra 15 days of diligent participation credits
each month. These offenders get no good conduct time for each day they do not go to
work, school or a required treatment program when unexcused. 70th Legislature
offenders who are assigned to administrative segregation will not receive any of the 15
days diligent participation good conduct time credits. They will receive only the good
conduct time based on their time earning status. Offenders who are excused from
participating for any reason receive good conduct time. This includes the extra 15 days.
"70th Legislature" offenders are not eligible to earn the "A", "B", or "C" educational
credits.
Two things affect an offender's eligibility for release on parole or mandatory supervision.
They are:
1.
2.
APRIL 2016
Offenders returned to the TDCJ for parole or mandatory supervision violations, whether
those violations are for technical violations or new offenses, will not receive credit for past
good conduct time. They start earning new good conduct time from the date of re-arrest.
Violators back in the TDCJ will be assigned to Line Class I status regardless of their
previous status. An offender who starts a new sentence without leaving the custody of
TDCJ will retain his time-earning status.
The laws dealing with good conduct time are very complicated. There are many rules
that determine how much good conduct time offenders can earn and how it applies
toward their sentences. Good conduct time, parole or mandatory supervision statutes do
not apply to state jail offenders.
SAFPF offenders are under unique guidelines related to early release and/or parole, and
should check with unit administrators for assistance in understanding which, if any, apply
to their individual situation.
E.
F.
APRIL 2016
1.
Prison Offenders
Offenders must contact the CRO by submitting an Offender Time Credit Dispute
Resolution Form (CL-147) to the CRO.
2.
Upon receipt of correspondence, the CRO or intake coordinator will investigate the
allegations. If a correction to time is made, the offender will be provided a new time slip
or a commitment data form after the correction. If the CRO finds no error in the timeserved credits, the offender will be provided a written statement from the custodian of
offender records, certifying the credits to be correct based upon documents received by
TDCJ.
Offenders may not file a time-credit error in an application for a Writ of Habeas Corpus
until:
G.
1.
A final certification decision from the CRO has been received by the offender; or
2.
More than 180 days has passed since offender filed the complaint with the
Custodian of Offender Records, and no response has been received.
3.
Offenders who are within 180 days of their presumptive parole date, date of
release to mandatory supervision, or date of discharge may use either this
internal time credit dispute resolution procedure, or submit their application
directly to the court, if the Writ of Habeas Corpus is not otherwise barred.
H.
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APRIL 2016
An offender who refuses to provide a DNA specimen may be charged with Disciplinary
Code 24.3, Refusal to Submit to a DNA Specimen Collection, and subject to the loss of
good time.
If the offender continues to refuse, the TDCJ is authorized to use force in accordance
with the TDCJ Use of Force Plan to compel the offender to submit to a DNA specimen
collection.
III.
STANDARDS OF BEHAVIOR
The standards of behavior outlined below apply to G1/J1, G2/J2, G3 and G4/J4 custody general
population offenders. The conditions in disciplinary status, administrative segregation, lockdown,
or G5/J5 custody may vary from the following:
A.
Offenders will be given the opportunity to shower. Offenders will maintain good
personal hygiene.
2.
3.
4.
5.
a.
b.
c.
Have a new offender photo taken 30 days after being approved to grow
the beard, for identification purposes;
d.
Receive a new identification card with the new photo of them with the
religious beard; and
e.
Religious beards must not extend more than one-half (1/2) inch in length
outward from the face.
b.
Religious beards must not have any lines, designs, patterns, symbols cut
or shaped, or have any alterations from the natural hair growth.
c.
Religious beards must not be sculpted and must remain neatly trimmed
and clean.
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APRIL 2016
B.
d.
e.
f.
6.
Male offenders must keep their hair trimmed up the back of their neck and head.
Hair must be neatly cut. Hair must be cut around the ears. Sideburns will not
extend below the middle of the ears. No block style, afro, or shag haircuts will be
permitted. No fad or extreme hairstyles/haircuts are allowed. No mohawks, tails,
or designs cut into the hair are allowed.
7.
8.
Offenders' fingernails will be neatly trimmed. Fingernails will not exceed more
than one-eighth of an inch past the tip of the fingers. Fingernails will not be filed
to a point, but will be rounded.
Clothing
a.
b.
c.
d.
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APRIL 2016
2.
3.
4.
C.
(2)
Collars may not be tucked inside the shirt. Male offenders must
wear shirt-tails tucked inside pants. Female offenders must wear
shirt-tails as stated in unit policy.
(3)
(4)
Towels
a.
b.
Linens
a.
b.
c.
Each offender must trade his dirty sheets and pillowcase for clean sheets
and a pillowcase at least once a week.
b.
c.
Living Areas
1.
2.
Each offender must keep his living area neat, clean and free from contraband.
Beds must be made when not being used for sleeping.
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APRIL 2016
3.
All property must fit in a box provided that is approximately 1.75 cubic feet but
must not exceed 2.0 cubic feet. Some exceptions such as radio, typewriter, and
fan can be stored outside the box.
4.
b.
Any object, held in any way by an offender, enters the cell of another
offender.
5.
Offenders must not hang towels, blankets, clothing, or other similar items in the
living area so that it blocks the correctional officer's view of any area. Items will
not be placed, stored or hung in the windows, on doors, on cubicle walls, or in
front of vents.
6.
An offender must get permission from the correctional officer on duty before
passing any item:
a.
b.
c.
d.
7.
Each offender may have one mattress and one pillow or one mattress/pillow
combo, one pillowcase and two sheets or if a mattress/pillow combo is used, two
sheets only.
8.
9.
Offenders must play radios in a low volume or with the use of headphones or
earphones. The correctional officer on duty will determine when a radio is not
being played at an appropriate volume.
10.
Offenders must not place homemade covers, shades, or other similar items, on
lights in living areas or over air vents to restrict the exchange of air inside the
living area.
11.
Offenders must not alter, disfigure, damage or destroy any state property in the
housing area, to include bunks, ceiling, walls, fixtures or other similar items.
12.
Offenders must report problems with cell, wing or dorm toilets, sinks, electrical
plugs, lights, or other similar items to the correctional officer on duty.
13.
Offenders are not allowed to store open containers of food that can spoil in their
living areas. Opened containers of food that will not spoil must be sealed or
wrapped while being stored in living areas.
14.
Offenders must not be loud or boisterous. Offenders must not use vulgar or
abusive language.
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APRIL 2016
15.
D.
b.
Turn off all electrical appliances, except the clock in a clock radio;
c.
d.
Dress properly;
e.
f.
16.
Offenders must not loiter in the hallway outside of the living areas.
17.
Offenders must not throw trash or other items into the hallway outside the living
area or out the window. Trash will be put in trash cans.
18.
Offenders must not have items sticking out of the cells or windows.
Dining Hall
1.
Offenders are provided with three wholesome meals daily. However, on selected
units, two meals will be provided on Saturdays and Sundays that meet the same
nutritional requirements as three meals.
2.
3.
Meals are normally served cafeteria style. No food may be wasted or stolen.
Offenders will not try to have more food placed on their tray by offenders working
on the serving line. The offender workers have been told by officials how much
food to serve.
4.
5.
The correctional officer on duty will direct offenders where to sit. Offenders must
not skip seats or save seats for other offenders.
6.
Offenders are allowed to talk with those offenders at the same table as long as it
is kept within normal conversational levels as interpreted by the supervising
employee.
7.
Offenders are not allowed to pass anything from one table to another.
8.
Offenders who are not satisfied with the food may talk to the correctional officer
on duty.
9.
Offenders will be given 20 minutes to eat, from the time they enter the dining
room until they depart. Offenders who are loitering, visiting, or engaging in other
similar activities and not eating will be told to leave the dining hall.
10.
Offenders must stay seated until ready to leave the dining hall. Each offender
will clean his eating area and turn in all trays, cups, utensils and other similar
items before leaving. No trays, cups, utensils and other similar items will be
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APRIL 2016
taken from the dining hall. No food will be taken from the dining hall, except as
allowed by unit policy.
E.
F.
11.
Offenders who are denied access to the dining hall due to disruptive behavior will
be served a sack lunch.
12.
Shower Rules
1.
Offenders normally will shower one time each day; however, paraplegic
offenders may be allowed to shower whenever necessary, as determined by the
medical provider.
2.
3.
Offenders will not shower during normal working hours unless authorized by a
supervisor.
4.
5.
Offenders using centralized shower locations must not carry towels or extra
clothing from the shower area.
6.
Dayroom Rules
1.
2.
3.
Offenders may talk at a low level as long as the offenders do not disturb those
who are watching television.
4.
5.
6.
Offenders must not save chairs for other offenders in the dayroom.
7.
Offenders must be properly dressed while in the dayroom (see section III B.1.d).
Female offenders must wear bras while in the dayroom.
8.
Offenders must not wear caps, hats or headgear in the dayroom, with the
exception of headscarves worn by female offenders for religious purposes.
9.
Offenders must not take blankets, pillows or linens into the dayrooms.
10.
Offenders must not take radios, typewriters, fans, or other electric devices into
the dayrooms.
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APRIL 2016
11.
Offenders must not take stingers, hot pots, or any other type of heating element
into the dayrooms.
12.
13.
G.
H.
a.
b.
c.
d.
One Bible;
e.
Board games;
f.
g.
Brush or comb
2.
Offenders must not take linens, towels, or blankets into the yard.
3.
4.
5.
Horseplay is prohibited.
6.
Physical contact not related to approved recreational activity is against the rules.
7.
8.
9.
Offenders must not urinate anywhere other than in toilets provided on the
recreation yard or toilets in the building.
10.
Offenders must not carry food items or beverages to the recreation yard.
Commissary Rules
1.
Offenders must not go to the commissary during the offenders regular working
hours.
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APRIL 2016
I.
J.
2.
3.
Any item bought from the commissary must be for personal use only.
4.
Offenders must have enough money in their trust fund accounts to cover the cost
of all commissary items ordered.
5.
6.
7.
Offenders will be charged a spend trip to the commissary anytime the offenders
card is scanned.
8.
9.
Offenders are not allowed to return items to the commissary unless the items are
defective.
10.
Offenders must take commissary items back to the offenders assigned living
area immediately after leaving the commissary.
11.
12.
Offenders are not allowed to purchase more items than will fit in the allotted
storage space, in accordance with AD-03.72, Offender Property.
Hall Rules
1.
2.
3.
4.
5.
6.
Offenders must not loiter or run in the hallway or walkway. Offenders must not
sit against or lean on the wall in the hallway or walkway.
Offender Property
TDCJ policy establishes what personal and TDCJ-issued property an offender may
possess, and obtain, while in custody and how it must be stored. By choosing to
possess property while in the TDCJ, an offender consents to the rules and regulations
established regarding the acquisition, possession, storage, and disposition of that
property. When an offenders property is restricted, or left behind due to his departure
from the unit, it will be inventoried and stored in the unit property room.
1.
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APRIL 2016
a.
b.
c.
Jewelry items - One wedding ring and one wrist watch, which may be
denied if determined to be excessive in value or size;
d.
e.
f.
g.
h.
i.
j.
3.
4.
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APRIL 2016
6.
7.
Amounts that an offender may spend in the commissary are based on his
classification, custody, or disciplinary status. Subject to approval by the warden,
an offender may order authorized items from an outside vendor. However, no
offender may possess more property than he can store in designated areas.
8.
Claims for lost or damaged offender property must be pursued through the
Offender Grievance procedure. Loss or damage that is determined to be the
responsibility of the TDCJ will generally be paid at no more than $50 per item; no
more than $500 total.
9.
10.
11.
12.
No offender may send out a property item, by mail or visitor, with the intent of
having the item repaired and returned.
13.
When an offender departs his cell or bunk area, his property must be stored in
the following manner:
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APRIL 2016
K.
a.
b.
c.
Contraband
Possession of contraband is a violation of TDCJ rules.
1.
2.
Contraband is:
a.
Any item not allowed when the offender came to the TDCJ, not given or
assigned to an offender by the TDCJ, and not bought by an offender for
his use from the commissary;
b.
c.
d.
e.
Any item received or sent through the mail that is not approved in
accordance with the TDCJ Offender Correspondence Rules;
f.
Anything an offender is not supposed to have: such as, but not limited to:
g.
3.
L.
(1)
Money;
(2)
(3)
(4)
(5)
Tobacco Policy
All facilities within the TDCJ are designated as tobacco free.
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APRIL 2016
Safety Regulations
1.
Every effort must be made to provide a safe living and work environment for
offenders. It is the responsibility of each offender to exercise care, cooperation
and common sense while performing their assigned job duties and daily
activities.
2.
Offenders must immediately report all injuries to the appropriate work supervisor
or staff member.
3.
Offenders must immediately report all safety hazards to the appropriate work
supervisor or staff member, and must not continue to work in any area or on any
equipment that has been deemed unsafe or improperly guarded by the work
supervisor. If an offenders work supervisor or other staff member does not
agree that an unsafe condition exists, the offender may report the situation to the
Unit Risk Manager, either verbally or in writing.
4.
5.
Offenders must perform only work that is assigned to them. Operating machines
or equipment or performing any operation for which offenders have not been
specifically assigned and trained is strictly forbidden.
6.
7.
Offenders must not ride on the drawbars of farm vehicles and must not ride on
tractors, forklifts, or other vehicles unless an authorized manufacturer installed
seat is provided. Offenders must not stand in moving vehicles and must not sit
where their legs hang over the sides of vehicles and trailers. Offenders must not
dismount any vehicle until it has come to a complete stop.
8.
9.
Any offender found in violation of these procedures or any other posted unit
specific safety or risk management policy is subject to disciplinary action.
10.
Shower Rules
Offenders must exercise caution when entering and exiting shower areas in an
effort to prevent slip, trip, and fall injuries.
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APRIL 2016
11.
Temperature Extremes
Heat Precaution - Offenders must be cautious of heat during the summer
months; especially offenders working in areas of extreme heat such as, field,
maintenance, and yard squads.
Hypothermia - COLD Related Illness Offenders should consider appropriate
clothing for working in cold weather, to include: thermal underwear, insulated
jackets, cotton or leather gloves, insulated hoods, work shoes, and socks.
Appropriate clothing must be issued even when the index indicates little danger
of exposure injury.
Be alert of the signs and symptoms of heat and hypothermia illnesses; see chart
below.
HEAT CRAMPS
Involuntary muscle spasms following hard,
physical work in a hot environment
Heavy sweating
Cramping in the abdomen, arms, and
calves
RECOGNITION OF HYPOTHERMIA
(COLD RELATED ILLNESS)
HEAT EXHAUSTION
HEAT STROKE
(EMERGENCY!!! Death is imminent)
Diminished or absent sweating
Hot, dry, and flushed skin
Increased body temperature, delirium,
convulsions, seizures, possible death
Headache, mental confusion, dizziness
Extreme fatigue
Nausea/vomiting
Incoherent speech progressing to coma
Rapid pulse, weakness
Medical care is urgently needed
23
HYPOTHERMIA CATEGORY 1
Loss of body heat
Shivering
Lack of interest or concern
Speech difficulty
Forgetfulness
Mild unsteadiness in balance or walking
Loss of manual dexterity
Lips turn blue
HYPOTHERMIA CATEGORY 2
(EMERGENCY!!! Death is imminent)
Shivering stops
Exhaustion
Drowsiness
Confusion
Sudden collapse
Slow pulse and breathing
Pupils dilated
Cardiac arrest
May lead to category three if not treated
HYPOTHERMIA CATEGORY 3
(EMERGENCY!!! Death is imminent)
Individual is comatose
No palpable pulse
No visible respiration
APRIL 2016
or blankets
If frostbite exists, gently heat affected
area with warm water or towels, a
heating pad, or hot water bottles
If conscious, encourage consumption of
water, sweetened liquids
Monitor breathing
If heart has stopped, then judge the
possibility of administering CPR
Get medical attention ASAP
HIGHER RISK FOR COLD ILLNESS
Newly assigned to job
Elderly
Exposed to below freezing
temperatures for a long period of time
without adequate clothing/blankets
Wet when exposed to cold weather
PREVENTION OF COLD ILLNESS
Dress appropriately when working in
extreme cold conditions
Drink warm, sweet fluids
Move extremities often to keep
enhanced blood circulation
General Rules
Offenders must make themselves aware of and follow all written rules and posted signs.
1.
2.
3.
When talking to an employee or official, offenders must stand with arms by their
side and call them Mr., Ms., or Officer (Last Name) or use their title. Offenders
can identify the officer by the last name on his nameplate that is worn as part of
the uniform. Offenders will show respect when talking with employees, officials,
visitors and other offenders. Offenders will answer "yes, sir"; "no, sir"; "yes,
ma'am"; or "no, ma'am".
4.
Offenders are prohibited from maintaining active social media accounts for the
purposes of soliciting, updating, or engaging others, through a third party or
otherwise.
5.
6.
Offenders must not litter. Trash and garbage will be placed in trash cans.
7.
Offenders must not alter, disfigure, damage or destroy any state property.
8.
Offenders must not have playing cards, dice or any other item that can be used
for gambling.
9.
Offenders must not tamper with hand restraints, or any security equipment.
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APRIL 2016
10.
11.
Offenders and their living areas may be searched at any time by staff.
12.
13.
Offenders must not be allowed in their work areas except during their work hours,
unless approved due to special circumstances.
14.
Offenders must not traffic and trade postage supplies, or trade any offenders
personal property for other commissary items.
15.
Offenders are expected to be dressed and ready when called for work, school, or
other turnouts. There will be no tardiness allowed by offenders.
16.
Offenders are allowed to carry the following items to their job assignment:
a.
b.
c.
All other items are prohibited in the workplace. In addition, offenders must not be
allowed to take any item from the workplace back to the living area.
17.
18.
It is the intent of the TDCJ to have all offenders immediately comply with lawful
instructions or orders. An offender will obey the staffs orders at all times, as long
as the orders do not place him or those around him in physical danger, or would
cause him to violate a TDCJ written rule or policy. In such cases, the written
policy almost always would supersede the direct order.
19.
b.
c.
d.
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APRIL 2016
IV.
e.
f.
g.
Contact any staff member with whom he feels comfortable enough to let
them know and request their help; or
h.
Write a family member and urge the family member to call the
Ombudsman Office immediately.
B.
What is PREA?
In 2003, the federal government enacted the Prison Rape Elimination Act (PREA). The
purpose of this Act is to reduce the incidence of sexual abuse by establishing national
standards with the goal of eliminating sexual abuse within all confinement facilities across
the nation. The TDCJ fully supports the national efforts to eliminate sexual abuse of
offenders and has incorporated the PREA standards in the TDCJ policies and
procedures.
C.
2.
Contact between the penis and vulva or the penis and anus, including
penetration, however slight;
b.
c.
d.
Contact between the penis and vulva or the penis and anus, including
penetration, however slight;
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APRIL 2016
b.
c.
Contact between the mouth and any body part where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify desire;
d.
e.
f.
Employees of the TDCJ are strictly prohibited from engaging in sexual conduct with an
offender, even if an offender is willing to engage in the act. Employees found in violation
of sexual abuse are subject to disciplinary action and/or criminal prosecution.
D.
2.
b.
Voyeurism
Voyeurism by a staff member, contractor, or volunteer means an invasion of
privacy of an offender by staff for reasons unrelated to official duties, such as
peering at an offender who is using the toilet in his or her cell to perform bodily
functions; requiring an offender to expose his or her buttocks, genitals, or
breasts; or taking images of all or part of an offenders naked body or of an
offender performing bodily functions for the purpose of sexual gratification.
E.
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APRIL 2016
F.
G.
H.
Offenders are provided with multiple methods to report sexual abuse, sexual
harassment and other acts of aggression that may pose a significant threat to
your safety. It is important that you begin by telling any staff member,
immediately. All staff members have been trained on what to do when they
receive reports concerning an offenders safety. Staff is also instructed to
maintain confidentiality by discussing reports with officials on a need to know
basis.
2.
The PREA Ombudsman is a point of contact for offenders who have complaints
or inquiries regarding any allegations of sexual abuse or sexual harassment.
Offenders may contact the PREA Ombudsman in writing; however, offender
family members and friends may contact the PREA Ombudsman in writing or by
phone. You may report allegations verbally or in writing, but keep in mind time is
of the essence when reporting sexual abuse. Any delay in reporting will make
investigating an incident more challenging.
3.
You may privately and confidentially report incidents of sexual abuse to the
agency PREA Ombudsman, who will initiate an investigation into your claims.
4.
A report made in good faith based upon a reasonable belief that the alleged
conduct did occur does not constitute lying for the purpose of disciplinary action
even if the investigation does not establish evidence sufficient to substantiate
(prove the incident occurred) the allegation. Offenders will not be disciplined for
good faith reporting.
5.
However, if investigation reveals that an offender knew that the information was
false, and made the allegation intentionally or with malice, he or she will be
subject to disciplinary action. This type of behavior is also a violation of the
Texas Penal Code.
A successful predator will get to know you and determine your strengths,
weaknesses, and needs. For example, if you are new to the prison environment
and need items, such as deodorant or toothpaste, and dont have the money in
your account, a predator may offer to buy these things for you as a kind gesture.
However, this friendship could be short-lived and the predator may demand sex
as repayment. Others may offer protection in return for sexual favors.
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APRIL 2016
I.
2.
Do not accept commissary items or other gifts from offenders. Placing yourself in
debt to another offender can lead to the expectation of repaying the debt with
sexual favors.
3.
4.
Be alert! Do not use contraband substances such as drugs or alcohol: they can
weaken your ability to stay alert and make good judgments.
5.
Position yourself in Safe Zones or areas where you can see a staff member and
the staff member can see you. If you are being pressured for sex, report it to any
staff member immediately. The quicker you report the situation, the faster you
will be removed from the situation. Dont try to take matters into your own
hands.
6.
Be aware of situations that make you feel uncomfortable. Trust your instincts. If
it feels wrong, get help, or call out for a staff member.
7.
Dont let your manners or pride get in the way of keeping yourself safe. Dont be
afraid to say NO or STOP IT NOW.
8.
Walk and stand with confidence. Predators generally choose victims who look
like they wont fight back or appear emotionally weak.
9.
Avoid talking about sex and casual nudity. These things may be considered a
come on, or make another believe that you have an interest in a sexual
relationship.
Do not shower, brush your teeth, use the restroom, or change your
clothes. You may destroy important evidence.
b.
The first responder will immediately separate you from the alleged
perpetrator and move you to a safe place.
c.
d.
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APRIL 2016
2.
e.
f.
g.
You will also be referred for Mental Health Services. The days following
the abuse can be traumatic and it helps to have people who will be there
to help you. Seek professional help. Offenders who are victims of
sexual abuse must receive timely, unimpeded access to emergency
medical treatment and crisis intervention services, the nature and scope
of which are determined by medical and mental health practitioners
according to their professional judgment in accordance with Correctional
Managed Health Care (CMHC) policies.
h.
i.
j.
k.
Investigations
a.
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APRIL 2016
b.
3.
V.
OIG or the Safe Prisons Management Office will provide you with
information regarding any criminal investigations. You may also submit a
request for information through the OIG.
b.
c.
d.
e.
f.
If you have trouble controlling your actions, seek help from mental health
staff and/or consider participating in programs designed to control anger
or reduce stress. To reduce immediate feelings of anger or aggression,
try talking to or writing to a friend, meditate, do breathing exercises to
relax, or engage in some type of exercise.
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APRIL 2016
VI.
Education
Windham School District (WSD) provides appropriate educational programming and
services to meet the needs of the eligible offender population within the TDCJ. All
programs emphasize skills for offenders that potential employers demand, such as
personal qualities, teamwork, decision making, cultural sensitivity/tolerance, and problem
solving. Selection for WSD programming is based on an ITP which prioritizes
participation in recommended programs based on the offenders age, program
availability, projected release date and need for academic, vocational and life skills
programs.
Literacy, Career and Technical Education (CTE), and Life Skills Programs are offered on
several units or facilities. The goal of all classes is to prepare students for work both in
prison industry and for jobs after release from incarceration. The following programs and
services are provided throughout the system:
Counseling
Academic Programs
GED Preparation
Special Education
Title I
CHANGES
Cognitive Intervention
Libraries
Most literacy classes are held three hours per day, five days per week. Not all programs
and services are available at every unit or facility location.
1.
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The GED exam is administered to eligible offenders when they attain a level of
proficiency that indicates a likelihood of passing the GED.
2.
Counseling
School counselors share program information with potential students and enroll
eligible offenders in appropriate educational programs. Counselors provide
career guidance to help offenders prepare for jobs and careers after release.
3.
4.
Special Education
The Special Education program provides educational services to eligible
offenders with disabilities. Offenders may be evaluated for this program by self
referral; or their teachers or principal may refer them. Disabilities that affect
learning may qualify a student for special education. These include:
a.
Learning disability;
b.
Emotional disturbance;
c.
Intellectual disabilities;
d.
e.
f.
g.
6.
Title I
The Title I program is provided for offenders who are 21 years of age or younger.
Students are enrolled in a Title I class in addition to a regular Literacy class each
day. Interactive computer-assisted instruction is used in the Title I program to
provide remediation of basic skills.
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7.
Pre-Release Programs
The CHANGES program offers life skills to prepare offenders for release.
CHANGES, the name of the prerelease program, stands for Changing Habits
and Achieving New Goals to Empower Success. The CHANGES program is
offered to offenders within two years of release. It is also offered to offenders
who have FI3R parole requirements. It includes many topics that are important
to being successful in the freeworld, including:
8.
a.
Personal Development;
b.
Healthy Relationships;
c.
Living Responsibly;
d.
Drug Education;
e.
Living Well;
f.
g.
Going Home
Cognitive Intervention
The Cognitive Program teaches students to examine and change the thinking
patterns that lead to criminal behavior. Students learn more appropriate thinking
skills in order to reduce anger and anxiety, and increase communication and
problem solving abilities. Students can request the class, or an offender can be
referred to the Cognitive Program by unit administration. Topics include:
a.
Team Building;
b.
Thinking Errors;
c.
Criminal/Addictive Cycle;
d.
e.
f.
g.
h.
i.
j.
ChoosePlanDo; and
k.
Relapse Prevention
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9.
Automotive Trades;
b.
Construction Trades;
c.
Horticulture/Landscape Trades;
d.
Truck Driving;
e.
Culinary Arts;
f.
g.
Diesel Mechanics;
h.
i.
Electrical Trades
Offenders may request to be placed on the district-wide waiting list to transfer for
a CTE program that is offered on another unit. The unit principal and/or
counselor can assist the offender with this process.
The TDCJ State
Classification committee will make all decisions regarding unit assignment.
The Apprenticeship Program offers offenders training in many crafts. Each craft
requires 2,000 to 8,000 hours of work background. Offenders must have 144
hours of related classroom instruction per year. The U.S. Department of Labor
issues a Certificate of Completion of Apprenticeship to students who complete
the program.
10.
Libraries
The Windham School District maintains libraries to support its educational
programs and provide recreational reading opportunities for eligible offenders.
The libraries offer a wide variety of reading materials, including reference books,
library books, magazines and newspapers.
Offenders must follow established unit library rules and procedures posted in the
library. The rules and procedures will show the scheduled library hours, the
number of books that can be checked out, and the length of time on the books. It
is the responsibility of the offender to make sure library books are returned to the
library or put in a unit book drop box on time. Reference books, magazines, and
newspapers are to remain in the library and cannot be removed.
Library books are state numbered property. Disciplinary action will be taken for
loss, theft, damage, or destruction of books, reference books and magazines.
Overdue library books are considered contraband.
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11.
School Rules
The Windham School District has rules to help create an orderly and positive
atmosphere. A positive atmosphere helps people learn. The following rules
apply to all students in the school:
12.
a.
b.
c.
d.
e.
f.
g.
Students must do all their assigned work and take all required tests;
h.
i.
j.
k.
Students must follow all the TDCJ, unit, and school rules;
l.
m.
Vocational students will wear eye protective gear and all personal
protective equipment when required;
n.
o.
p.
Violation of any of these rules may result in disciplinary action and the
possible removal from school.
B.
Recreational Activities
The TDCJ has developed guidelines for out-of-cell time which affords eligible offenders
the opportunity to participate in non-programmatic and programmatic recreational
activities. Recreation facilities and equipment are provided for offender use. Certain
recreational activities may not be available for participation due to an offenders loss of
recreation privileges as a result of disciplinary actions.
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1.
2.
a.
Television viewing;
b.
c.
d.
e.
Craft Shop.
b.
Intramural sports
(2)
(3)
(4)
(5)
(6)
(2)
(3)
APRIL 2016
C.
(4)
(5)
(6)
(7)
2.
3.
Be assigned to TDCJ at least six months prior to submitting a request for craft
shop participation;
4.
Have a clear disciplinary record for the prior six month period (no major or minor
disciplinary case convictions);
5.
Have a job assignment (except for offenders who are medically unassigned); and
6.
Have sufficient funds on deposit with the Offender Trust Fund to make initial
purchase of supplies/materials as follows:
Required start-up funds:
a.
Basic Arts:
Minimum of $ 25
b.
Woodworking:
Minimum of $ 50
c.
Leather working:
Minimum of $100
d.
Jewelry:
Minimum of $100
e.
Other crafts:
Minimum of $ 25
Offenders must satisfy the above criteria before submitting an I-60 request to participate
in the unit craft shop program and be approved by the warden or designee.
Advanced in-cell piddling programs exist at the wardens discretion. Advanced in-cell
offenders must meet the above rules in order to participate in the craft shop program.
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The Craft shop program is a privilege. The warden may take away an offenders piddling
privileges at any time.
D.
E.
1.
The sale of any artwork from the basic in-cell art program is prohibited;
2.
Basic art items purchased by an offender for in-cell artwork must be used for
recreational purposes only; and
3.
When an offender has abused the privileges extended with the basic in-cell art
program, his privileges may be restricted in accordance with TDCJ Disciplinary
Rules and Procedures for Offenders.
Health Services
Health care is provided for offenders who have medical, dental, psychiatric and
psychological problems. Also, physically handicapped offenders receive services
through the Assistive Disability Services (ADS).
1.
Medical Services
The health needs of each offender are assessed when he/she enters prison.
Basic medical services including emergency care, sick call and ongoing care for
chronic illness are offered at each unit. Licensed medical professionals provide
health care. Offenders who need special care may be sent to a unit which
provides the specific service(s) needed. Offenders needing hospital care are sent
to the TDCJ Hospital at Galveston or to other hospitals which serve TDCJ.
Offenders who have trouble seeing, hearing, speaking or walking can get help
from Medical Services. Their problems are assessed and care is provided if
needed. All offenders may access the medical department by submitting a sick
call request slip or by direct request to a correctional officer or supervisor.
Specific details on unit procedures will be provided at unit orientations and will
also be provided in writing. In the event of an emergency, offenders may request
a correctional officer or supervisor to contact the medical department on their
behalf. The medical department staff will provide direction as to disposition
based on their clinical judgment.
As of September 28, 2011 and in accordance with state law, if you initiate a
health services visit you be charged an annual $100 fee, unless indigent. The
fee covers health care visits that you request for one year and will be deducted
from your Trust Fund. You will be provided access to health care services
regardless of your ability to pay this fee.
The following health care visits are exempt from being charged a fee:
a.
b.
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APRIL 2016
c.
d.
Prenatal care;
e.
f.
Health care services necessary to comply with State law and regulations.
Any complaint about the annual health care services fee must be made to the
Unit Practice Manager, Health Administrator, Director of Nursing, Nurse Manager
or Nurse Administrator, as appropriate, immediately upon your receipt of the
Trust Fund statement containing the charge. If you are indigent or the balance of
your fund is insufficient to cover the fee, fifty percent of the balance and of each
future deposit into your Trust Fund will be applied toward the amount owed until
the entire $100 is paid. Any charge to your Trust Fund account causes a
statement to be generated for your immediate review. Charges that you believe
are ineligible must be reported within ninety days of the date you were seen in
clinic for which the charge occurred. Failure to do so will result in your inability to
grieve the issue because you will have exceeded time limits for filing.
The Patient Liaison Program does not review concerns from offenders related to
the annual health care services fee. If the Unit Practice Manager, Health
Administrator, Director of Nursing, Nurse Manager or Nurse Administrator, as
appropriate, is unable to resolve your concern, you must seek resolution through
the grievance process. Restoration of the annual health care services fee by the
TDCJ Health Services Division can only occur through a sustained Step 2
grievance.
2.
Dental Services
All offenders may request dental care. Offenders can use the Sick Call Request
form to request an appointment. The Sick call request slip can be found in the
housing areas. The dentist decides who needs treatment and when treatment
should be given. The most pressing needs are treated first, such as swelling,
pain, or infections which are considered urgent. Filling a small cavity or cleaning
teeth are not considered urgent needs. An offender with these types of problems
may have to wait to be treated.
Offenders are given a toothbrush and toothpaste at the intake centers. When the
offenders get to the unit of assignment, they will be given information about oral
hygiene aids available. Offenders will get instructions on how to keep their teeth
and gums in healthy condition. Offenders must be able to demonstrate that they
can keep their teeth and gums healthy before receiving dental care other than
emergency or urgent dental care.
The type of dental care offered includes:
a.
Examination;
b.
X-ray;
c.
Cleaning;
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APRIL 2016
d.
e.
f.
g.
3.
a.
b.
Braces; or
c.
Pharmacy Services
Prescribed medications may be obtained at the pill window. Some over-the
counter medications are provided in the commissary for purchase. Prescriptions
may be picked up at the pill window after 24 hours of being ordered by a
provider. Some prescriptions may take longer to arrive. The offender will need
his ID card to get medicine at the pill window. The person at the pill window can
answer questions about the medication.
Offenders are allowed to carry some medications on their persons, as
determined by the prescribing doctor. The offender may be given the entire card
of medication to be locked up with his personal belongings. Submit a sick call
request for any medications that need to be refilled.
Medications such as vitamins and some over-the-counter medicines can be
purchased in the commissary. The commissary officer can tell offenders, what
medicines are sold there.
4.
b.
c.
Provides access to mental health services for offenders who send a sick
call request (SCR) or an I-60. Access to mental health services will
include routine and crisis intervention. Access to mental health services
may include follow-up appointments;
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d.
Provides treatment to mentally ill offenders. This may or may not include
medication; and
e.
5.
a.
b.
c.
d.
Case management;
b.
c.
Job training;
d.
e.
Counseling;
f.
Recreation; and
g.
Work opportunities.
Offenders who need this type of help are also assisted with finding these
services in the freeworld when they are released.
6.
F.
Rehabilitation Programs
The Rehabilitation Programs Division provides rehabilitative programs, pre-release
programs, religious programs, and volunteer programs as well as activities to all eligible
42
APRIL 2016
offenders and confinees within the TDCJ. Each program establishes eligibility criteria
that an offender must meet in order to participate.
1.
2.
3.
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5.
6.
7.
Faith-Based Programs
a.
Dorms
Faith-based dorms (FBD) are located on many of the TDCJ prisons and
state jails, offering support and accountability, along with an intensive
faith-based curriculum and mentoring program provided by faith-based
community volunteers and unit chaplains.
The dorms support the practice of religious faith in a group setting and
provide the tools needed for improved institutional adjustment and
successful reentry into the community. While participating in a FBD (up
to two years), offenders continue to work and attend academic and
vocational classes (if eligible) as available on the unit.
b.
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APRIL 2016
Voyager
Voyager offers a faith-based, non-denominational curriculum that
includes life skills for developing self-esteem, being responsible for
actions, understanding values, overcoming bad habits, managing
emotions, and building and maintaining healthy relationships. The
program varies from 3 to 12 months and is dependent upon available
programming space.
Offenders must volunteer for Voyager and be in a custody that does not
preclude participation in programmatic activities. In some instances,
completion of Voyager may satisfy an FI-3R parole vote.
8.
College Courses
All college expenses incurred by the offender during incarceration will either be
paid at registration or upon release, per legislative requirement effective
September 1995.
The state will provide the cost of two academic courses each semester, which
must be reimbursed to the state by the offender after release as a condition of
parole. Offenders may make payments prior to release. Additional courses may
be taken each semester at the expense of the offender. These costs will be paid
by the offender at registration from personal funds or by other financial aid
arrangements between the offender and the college or university.
Academic courses are available on a wide variety of units in all areas of the
state. University courses are available on selected units with limited major areas
of study. Offenders housed on a unit that does not offer the academic program
for which they qualify may request a unit transfer for participation by submitting
the appropriate forms to the RPD Operations Department in Huntsville. The
TDCJ State Classification Committee (SCC) will make all decisions on unit
assignments.
Minimum requirements for enrollment in college programs are:
9.
a.
b.
c.
d.
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APRIL 2016
10.
a.
b.
c.
d.
e.
11.
a.
b.
An EA score of 11 or higher;
c.
d.
e.
Religious Services
Religious services and support are provided to all interested offenders. There is
at least one chaplain assigned to each unit. Chaplains provide general spiritual
46
APRIL 2016
support. Chaplains listen, advise, guide and help offenders during family
emergencies.
At times, volunteers help Chaplains with their duties. Volunteer groups also come
into the prison to sing, preach, teach, and to provide other help.
News about religious programs is posted on unit bulletin boards. Leaflets may
also be distributed that announce programs. Sometimes, offenders may hear
about a program or service from other offenders. All eligible offenders may
attend the unit services. If an offender is sick, in administrative segregation or
solitary, he may have a chaplain or volunteer visit.
12.
b.
G2 or G3 custody.
(2)
(3)
c.
d.
e.
Risk Assessment
The TDCJ has established a process to assess the risk a sex offender
poses to the community. Assigned risk levels are High, Moderate, or
Low. The basic measures for assessing risk-level are Static and
Dynamic.
The Static measure uses the STATIC-99R (Revised). This instrument
utilizes static (unchangeable) factors that have been correlated with
47
APRIL 2016
48
APRIL 2016
14.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
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APRIL 2016
register with local law enforcement authorities. TDCJ will complete the
registration paperwork at the time of your release from prison and send it to the
Department of Public Safety (DPS) and local law enforcement agency in the
community where you will live. Within 7 days of your release, you must report to
the local law enforcement agency and verify the information. Failure to do so
may result in a new felony conviction.
TDCJ will also indicate your risk level on the registration form. If you are noted as
high risk and were convicted of a sex offense on or after January 1, 2000, your
neighbors will receive a post card about your release to the community.
Information can be printed in the newspaper on certain sex offenders at the
discretion of local law enforcement and will be available on the DPS website
regardless of risk level.
Your parole officer will be able to answer questions concerning the Texas Sex
Offender Registration Program.
15.
Orchiectomy
The RPD coordinates requests for an Orchiectomy, which is another term for
surgical castration. An offender may request this procedure if convicted of (1)
Continuous Sexual Abuse of Young Child or Children, (2) Indecency with a Child,
(3) Sexual Assault of a Child, or (4) Aggravated Sexual Assault of a Child, and
has been previously convicted of one of those offenses. The offender must be 21
years of age or older, submit the request in writing, and sign a statement
admitting guilt for the offenses for which he has been convicted. He will be
placed in the 18-month SOTP which must be completed before the surgery will
be performed.
During the course of treatment, a psychiatrist and psychologist will evaluate the
offender to determine suitability for the procedure, and counsel the offender
before he undergoes the procedure. In addition, a monitor appointed by the
Texas State Board of Medical Examiners will consult with the offender to ensure
that medical professionals have provided adequate information regarding
surgical castration and that the offender has not been coerced to have the
procedure performed.
An offender can change his mind at any time before actually undergoing the
procedure. However, once an offender has requested the surgery but later
decides not to proceed, he will no longer be eligible for the surgery at any time in
the future. The request for, or completion of, surgical castration has absolutely no
influence on parole consideration, favorable or otherwise. The Board of Pardons
and Paroles cannot require that an offender receive an Orchiectomy as a
condition of release.
If you are a qualifying sex offender interested in this procedure, please send an I
60 to the RPD-SORP.
16.
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APRIL 2016
17.
18.
19.
20.
21.
22.
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APRIL 2016
23.
Support Groups
There are a variety of active support groups in prison, state jail, and private
facilities, as well as in parole and community supervision offices. These include
drug and alcohol addiction support groups such as Alcoholics Anonymous,
Winners Circle, Narcotics Anonymous, Cocaine Anonymous, Secular
Organization for Sobriety, Celebrate Recovery, CASA and Overcomers, and
many other recovery support groups.
There are spiritual and motivational support groups, such as Quest for Authentic
Manhood, Breaking Free, and Making Peace with Your Past. These and many
others provide faith and non-faith based support to improve life skills, decisionmaking skills and self-worth. Eligible offenders may participate in these groups
regardless of their faith affiliation.
24.
Volunteer Programs
The TDCJ places a significant focus on volunteer services, realizing volunteers
are essential to the rehabilitation of offenders, as well as to their reentry into the
community. Volunteers assist by providing literacy and educational programs, life
skills training, job skills training, parent-training, health awareness, prevention
training, arts and crafts, drug and alcohol groups, faith-based programming, and
other activities that improve institutional adjustment, aid in the transition between
confinement and society, and reduce recidivism.
25.
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APRIL 2016
G.
The Criminal Defense Section represents indigent offenders who are indicted for
felonies allegedly committed while incarcerated within TDCJ-CID.
Legal
assistants and investigators assist attorneys in this section. Investigators will
frequently visit with offenders first to gather information about the alleged crime,
interview witnesses and take photographs. Attorneys will represent the offender
in all court appearances, file all necessary motions, obtain plea agreements, and
try the case.
NOTE: Correspondence with SCFO employees about the case is privileged and
confidential. Any other communication between an offender and other people
(including other offenders) is NOT confidential and can be used against the
offender during a trial or other administrative proceeding.
2.
The Appellate Section assists indigent offenders who need help with appeals and
writs. If the offender represented by a Criminal Defense Section attorney is
convicted of a crime, SCFO may pursue an appeal on behalf of the offender. If
the appellate section pursues the case, they will prepare briefs and argue the
case before the appropriate appellate courts.
Attorneys will also assist offenders who discover substantial errors in their
convictions. It is important for the offender to be very specific about the error that
was made in the case. Most errors will not result in a reversal of the case or the
right to a new trial. Attorneys may assist offenders by researching whether there
is a valid, provable legal reason to file a writ of habeas corpus or a direct appeal
to either set aside or modify the conviction or sentence.
Legal Assistants working under the direction of the Appellate Section investigate
time credit issues to determine whether an offender is receiving all their time
credits. Offenders who feel TDCJ is improperly computing their time credits
should first use the Dispute Resolution Process to resolve the error.
NOTE: The Dispute Resolution Process cannot resolve jail time credit problems
brought about by mistakes on the Judgment and Sentence that is holding them in
custody. Offenders who feel the judge failed to award enough jail time credit on
the judgment should skip the Dispute Resolution Process.
3.
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APRIL 2016
continue its representation of the offender in the appellate process, and during
biennial reviews.
4.
The Immigration Section assists indigent offenders who are scheduled to appear
before the Immigration Judge as part of a removal proceeding, formerly known
as deportation. SCFO will receive a notice if a TDCJ-CID offender is the subject
of a removal proceeding and will visit the offender upon the offenders arrival at a
Huntsville unit for the removal hearing. If the attorney determines the offender
has a defense to removal, SCFO will represent the offender during the removal
proceeding.
The Immigration section will also assist offenders interested in the Prisoner
Exchange Program. That program allows offenders to serve the remainder of
their sentences in their own country. Not all countries participate in the program.
Any offender who has questions about an immigration issue may write to SCFO
for information.
5.
The Legal Services Section provides assistance for matters not covered by one
of the other sections. Attorneys in this section can assist offenders with pending
charge problems, detainers, and probation revocation waivers. They can also
provide answers to questions about civil actions, powers of attorney,
expunctions, divorces, termination of parental rights and proxy marriages. Basic
information about all these topics is included in the State Counsel for Offenders
(SCFO) Legal Handbook. Offenders should consult the SCFO Legal Handbook
before writing SCFO for assistance. The SCFO Legal Handbook is available in
every unit law library.
6.
7.
8.
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APRIL 2016
the offender should write SCFO with the specific issue or problem they are
having by using an I-60. If the issue or problem cannot be adequately explained
on the I-60, the offender should write on regular paper, place the contents in an
envelope marked Truck Mail and send the letter to SCFO.
It helps speed up the process if the offender places the correct section (Criminal
Defense, Appellate, Civil Defense, Immigration or Legal Services) on the
correspondence. If the offenders problem involves time credits and the Dispute
Resolution Process was not successful in resolving the issue, the offender
should obtain a Jail Time Questionnaire form from the Law Librarian, fill it out,
and send it to SCFO.
Offenders must contact SCFO directly the request for help cannot come from
friends or family members. ALL REQUESTS MUST HAVE THE OFFENDERS
NAME AND TDCJ NUMBER. If that information is missing, SCFO cannot help
the offender.
SCFO CANNOT assist offenders with civil rights issues, disputes about TDCJ
policy or procedures, fee-generating cases, or parole decisions. For help with
those issues please see Chapter 1 of the SCFO Legal Handbook.
H.
Ombudsman Program
In accordance with Section 493.016 of the Texas Government Code, the TDCJ
Ombudsman Program provides a single point of contact for elected officials and
members of the general public who have inquiries regarding the agency, offenders or
staff. When necessary, investigations will be coordinated through appropriate TDCJ
officials. The TDCJ Ombudsman Office strives to provide timely responses to the public.
The Ombudsman office is for offender family members, friends, and the public. The
appropriate channel for offenders to use is the offender grievance process.
1.
2.
b.
Respond to informational
procedures, or actions;
c.
d.
e.
f.
inquiries
regarding
agency
policies,
An Ombudsman cannot:
a.
b.
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APRIL 2016
I.
Grievance Procedure
Offenders who are involved in the grievance procedure and need language
assistance because they are having difficulty understanding the Grievance
response should contact a Spanish Staff Interpreter to request language
assistance.
2.
Disciplinary Process
Offenders involved in the disciplinary process who need language assistance will
be provided such assistance as required. The counsel substitute assists
offenders in preparing for the hearing by gathering witness statements, securing
any relevant documentary evidence and other relevant information as necessary.
The counsel substitute will represent the offender during the hearing.
3.
Documents in Spanish
The TDCJ provides many documents and informational notices in Spanish. If an
offender needs a document or notice in Spanish, he should contact a Spanish
Staff Interpreter who will determine if the information is already available in
Spanish and get the offender a copy, if appropriate.
4.
Law Library
Offenders in need of language assistance in the law library should contact the
Law Library Supervisor.
5.
6.
J.
Correspondence Rules
Offenders may send and receive mail while in the TDCJ. There are four types of
correspondence including general, special, legal and media correspondence.
Offenders may send letters to as many people as they choose. Offenders must go
through the TDCJ to receive and send mail. Mail may not be smuggled in or out of TDCJ
units or facilities. All rules for sending and receiving mail must be followed.
Offenders should tell their family and friends to address their letters with the offender's
name, number and unit address. Offenders may not get packages from friends and
family. Offenders may receive approved publications, such as magazines, books or
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APRIL 2016
newspapers, from the publisher or store that sells them. Offenders may not receive
packages containing writing paper.
Stationery must be purchased through the
commissary, provided through the indigent supply program or purchased by offender
families and friends through the eCommDirect program.
Offenders may not receive cash on delivery (COD) items or packages with payment on
approval from any source. Offenders may not receive money, stamps, or other
negotiable items in the mail.
Offenders may buy stamps and writing paper in the commissary. Offenders with less
than $5 in their trust fund may request correspondence supplies. The mailroom or law
library provides this service. Rules for getting postage stamps or paper are posted on
each unit.
Each unit has a mailroom. TDCJ employees staff the mailroom. No offender may handle
the mail of another offender. An offender with questions about the mail should see a
mailroom supervisor.
The rules governing offender correspondence are found in Chapter 3 of this handbook.
Read them closely.
K.
Visitation
It is the policy of the TDCJ to enable and encourage offenders, consistent with security
and classification restraints, to have visits with family members and friends. Visitation
within a TDCJ unit will be conducted in an accommodating manner, in keeping with the
need to maintain order, the safety of persons, and the security of the unit. All offender
visits (except for attorney-clients visits) are subject to electronic monitoring. Offender
visits are conducted in accordance with the provisions of the TDCJ Offender Visitation
Plan and under the direction of the warden.
While it is recognized that visitation is an integral component of the rehabilitation process
and every effort will be made to ensure that visits are conducted under the least
restrictive protocol available, offenders will not be assigned to a unit solely for
convenience of visitation privileges. While it is recognized that unit assignments may
create hardships for visitation, these assignments are based on many considerations in
addition to offender or family convenience.
For general and contact visitation rules, refer to the Offender Visitation Rules in Chapter
2 of this handbook. For information on legal visits, refer to the Access to Courts Rules in
Chapter 4.
L.
Methods
Three methods, based on eligibility criteria, are available for an offender to place
outgoing telephone calls:
a.
b.
c.
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APRIL 2016
2.
Eligible Criteria
Offender access to the OTS will be validated and initiated by the
telecommunications contractor based on the following eligibility
requirements:
b.
3.
(1)
(2)
(3)
(4)
Ineligible Criteria
(1)
(2)
Outgoing Calls
All outgoing calls through the OTS must be placed using one of the following
methods:
a.
Debit Calls - To complete a call through the OTS using the debit option,
funds must be available in the offenders telephone account.
(1)
(2)
(3)
Once funds are placed in the account, the funds become the
property of the offender. An offender may request a refund of
the account balance from the telecommunications contractor
after the offenders release from the TDCJ.
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APRIL 2016
b.
c.
4.
Collect Calls - Collect calls may be placed through the OTS and billed
directly to the party called. Prepaid accounts are available to friends and
family members by contacting the telecommunications contractor.
An offenders telephone account will be separate from the offenders ITF
account. Funds in an indigent offenders telephone account will not
affect the offenders indigent status, and the TDCJ will not seize funds in
an offenders telephone account as the result of a disciplinary action.
b.
c.
d.
Eligible offenders may only call adults listed on the offenders Approved
Calling List once the adult has successfully registered to receive calls
from the offender. Offenders are not allowed to speak to any adult not
listed on the offenders Approved Calling List.
e.
Eligible offenders will have the ability to place calls to the Office of the
Inspector General (OIG) and similar organizations as designated by the
Correctional Institutions Division (CID) director or designee. These calls
will be at no charge to the offender and have no impact on the offenders
OTS account balance.
f.
Offenders are permitted to call only telephone and post-paid cell phone
numbers within the continental United States and Hawaii.
g.
The OTS must be located within the dayrooms or living areas of the
cellblock or dormitories and other designated locations.
h.
i.
All telephone calls placed using the OTS are subject to monitoring and
recording, except calls to the offenders attorney(s) of record.
j.
An attorney listed on the offenders Approved Calling List who has not
successfully registered through the attorney registration process will not
be considered as the offenders attorney(s) of record. This type of call
has no expectation of privacy during a telephone conversation placed
using the OTS, and these calls are subject to monitoring and recording.
k.
All offender complaints and concerns regarding the OTS, other than
eligibility criteria, will be addressed by submitting an Offender Assistance
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APRIL 2016
5.
(2)
Calls to businesses;
(3)
International calls;
(4)
Forwarded calls;
(5)
Three-way calls;
(6)
(7)
(8)
(9)
m.
n.
o.
Eligibility Criteria
(1)
Offenders who are not eligible for the OTS due to custody
designation will be authorized access to TDCJ-owned
telephones designated by the warden.
(2)
Offenders who are eligible for the OTS are not authorized access
to TDCJ-owned telephones to contact friends and family
members, except in extraordinary circumstances and at the
discretion of the warden.
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APRIL 2016
(3)
b.
(2)
(3)
6.
Collect calls are permitted for outgoing telephone calls, unless the call is a local
number.
7.
Offenders are limited to one telephone call every 90 days or 30 days for state jail
and SAFP offenders.
8.
9.
Offenders are allowed to call only those persons who appear on the offenders
Visitors List. Requests for an exception submitted on an I-60 are reviewed and
approved at the discretion of the warden or designee.
10.
Offenders are permitted to call only telephone numbers within the continental
United States and Hawaii.
11.
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APRIL 2016
12.
Attorney Registration
a.
b.
Attorney Name
(2)
(3)
(4)
The Offenders TDCJ number and the offenders first and last
name.
(5)
b.
An offenders family and friends may purchase telephone minutes for use
by an eligible offender directly from the Telecommunications Contractor.
Individuals purchasing minutes are not required to be on the offenders
approved Visitors List.
c.
Friends and family wishing to receive calls can obtain more information
on the TDCJ website (www.tdcj.texas.gov) or the Contractors website
(www.texasprisonphone.com). Friends and family may also register by
calling (866) 806-7804. The following information is required for
registration.
(1)
(2)
(3)
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APRIL 2016
M.
Emergency Absences
An Emergency Absence is an approved leave of absence from prison for a day under
escort of TDCJ staff. They are granted for emergency reasons only.
An Emergency Absence is a privilege, not a right. It is granted to offenders who are
trustworthy, work hard and who are considered acceptable security risks by TDCJ to be
temporarily released to the general public and who meet the basic criteria set forth by
TDCJ.
1.
Emergency Absence
Emergency absences are granted to:
a.
b.
(2)
(3)
(4)
Robbery:
offense;
(5)
(6)
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APRIL 2016
N.
(7)
(8)
b.
No violations that resulted in major penalties within the past six months, or
have a disciplinary history of assaults on staff.
c.
d.
e.
f.
g.
h.
i.
All other offenders must be assigned to a custody level of at least G1, G2,
or G3 and in the custody of the TDCJ for six months.
From offender; or
(2)
APRIL 2016
b.
2.
3.
b.
c.
d.
Submit form with voided check to Inmate Trust Fund, P.O. Box 60,
Huntsville, Texas 77342-0060.
e.
4.
eCommDirect
eCommDirect is the secure way to make a deposit in an offenders trust fund
account. Visit www.texas.gov/eCommDirect. Enter offender details. Add deposit
amount to your cart. Check out using a Visa or MasterCard.
5.
JPAY
JPay allows you to send money to an offender for service fee. Visit their web site
at www.jpay.com or call 1.800.574.5729 to send funds using Visa or
MasterCard credit/debit card. Senders can make cash deposits at any
MoneyGram location nationwide using an Express Payment form and using
RECEIVE CODE 3570.
6.
7.
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APRIL 2016
8.
The Inmate Trust Fund department can respond to questions regarding deposit receipt,
but other information concerning the offenders account activity can only be released to
the offender. Offenders receive monthly bank statements itemizing account transactions.
Personal checks are not accepted and will be returned to the sender or destroyed.
Sending cash through the mail is not permitted. Money orders and cashier checks of
$500 or more, insurance checks and company checks require two weeks to clear before
the offender can use the funds. The Inmate Trust Fund does not pay interest. Therefore,
the account should hold no more than what is required to meet the offenders immediate
needs. Offenders with excess funds are encouraged to open a savings account with a
banking facility of their choice.
The Inmate Trust Fund does not forward personal mail or other items sent with money
deposits. Packages for offenders received at Offender Trust Fund will be refused and
returned at the senders expense.
An Inmate Trust Fund Account is held under the authority of TDCJ. Anyone who
deposits or maintains funds in an Inmate Trust Fund thereby agrees to be bound by
agency policies concerning such funds which are in effect at the time these funds are
placed in the account or thereafter. These policies include the forfeiture and disposition
of the contents of such accounts. The agency may decide what funds will be deposited,
what funds may be withdrawn and to whom these funds may be paid.
In general, offenders may not receive gifts or fees from other offenders. A deposit from
one offender to another may be made only by transfer from one Inmate Trust Fund (ITF)
account to another and must have unit administrative approval. This approval must be
obtained even if the depositing offender has made previous deposits to the receiving
offenders account.
Deposits from one offender to another, processed through an outside person or bank, are
considered a violation of the TDCJ Trafficking and Trading Rules regardless of whether
accepted for deposit or received by the ITF Department. Suspected violations will result
in an investigation. Confirmed violations of deposits between offenders may result in
disciplinary action against any offenders involved in any unauthorized transactions,
whether depositors or recipients. If an offender reports unauthorized transactions that
are afterward determined to be in violation of the stated policy and voluntarily signs a
wavier for forfeiture of the funds received, no disciplinary action will be taken.
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APRIL 2016
Moreover, funds gained through extortion (by coercion, deception, or violence) may be
forfeited. If an offender is found guilty of extorting money that has been deposited in his
trust fund account, or has been received without authorization as described above, the
offender must forfeit title to the funds.
O.
ID Cards
Normally, within two to seven days after an offender is received, he will be issued an
identification card. The ID card will be used for commissary purchases, dispensing of
medication, meals served, access to authorized areas within the unit and participation in
various programs as well as other general security requirements. Offenders are required
to carry their ID card at all times. It is the responsibility of every offender to immediately
notify the security office, Commissary Officer or warden's office if his ID card is lost,
stolen or damaged. The ID card is property of the state and is furnished as identification
for offenders. The ID card may become the offender's property upon parole, discharge or
mandatory supervision, if needed for identification. Offenders will give or show their ID
cards when asked by a correctional officer or staff. Offenders will be charged five dollars
for lost or damaged ID cards; the fee will be collected from the offenders Trust Fund
account. If the warden determines the offender should not be charged a replacement fee
for the lost card due to special circumstances, then it should be noted at the bottom of the
ITF-8 by checking Do Not Charge box.
Pursuant to AD 03.83 TDCJ Offenders who Refuse To Comply with Grooming
Standards ID cards will not be issued to offenders not complying with agency grooming
standards.
It is a violation of the TDCJ offender rules and regulations for any offender to:
1.
Not be in possession of his ID card. If an offender does not have his ID card with
him, it will be considered a refusal or failure to obey orders;
2.
Willfully damage, change the appearance of the card, abuse or destroy one's
own or another offender's ID card. Such actions are considered as damaging or
destroying property belonging to the state, or another offender;
3.
4.
Use or try to use another offender's ID card for any purpose. Offenders who try
to use another offender's ID card are considered in possession of contraband or
unauthorized property, or stealing property belonging to the state or another
offender;
5.
Use, try to use or conspire to use any counterfeit, fictitious, altered, forged, lost,
stolen or fraudulently obtained ID card for any purpose, knowing the same to be
counterfeit, fictitious, altered, forged, lost, stolen or fraudulently obtained.
Offenders who commit these offenses are considered stealing property belonging
to the state, or another offender;
6.
Receive or try to receive money, goods or any item of value by use of another
offender's ID card or by use of a counterfeit, fictitious, altered, forged, lost, stolen
or fraudulently obtained identification card. Offenders who knowingly commit
these offenses are considered stealing property belonging to the state or another
offender; or
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APRIL 2016
7.
Commissary
Commissaries are stores within the prison where items not furnished by the state may be
purchased. The ID card given to offenders can be used to make commissary purchases,
as long as they have funds in the Inmate Trust Fund to cover their purchases and they
are not on commissary restriction as the result of disciplinary action.
There are two types of purchases that can be made at the Commissary - regular and
registered property purchases.
1.
2.
Regular Purchases are those items purchased within a two week period, such as
soft drinks, pastries, and food. Regular purchases are limited to $85 every two
weeks, with the following exceptions:
a.
G4/J4 custody offenders may spend $35 every two weeks. However,
SAT3, SAT4 and state jail offenders with one year clear major
disciplinary record are allowed to make purchases up to $85 every two
weeks.
b.
G5/J5 custody offenders are allowed to spend $25 every two weeks.
5 bars of Soap
b.
1 Shampoo
c.
1 Toothpaste
d.
1 Deodorant
e.
1 Toothbrush
f.
1 Comb
g.
1 Toilet Paper
h.
3 Boxes of Tampons
3.
4.
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APRIL 2016
5.
6.
a.
b.
b.
Level II & III offenders may make the same purchases as Level II and III
administrative segregation offenders.
Emergency Items
The following have been designated as emergency items and may be purchased
by any custody of offender including commissary restricted offenders: Fans, gym
shorts, sun block, and shower shoes.
7.
Clip On Lamp
b.
Clock
c.
Curling iron
d.
Fan
e.
Hair dryer
f.
Hotpot
g.
Multi-plug Outlet
h.
Radios
i.
Tennis Shoes
j.
Typewriter
k.
Watch
l.
Work boots
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APRIL 2016
Note: Some of these items are not available on state jails and SAFPFs due to
the absence of available electrical plugs.
8.
Q.
The Commissary prices are set by the Director of Commissary and Trust Fund
and can change at any time with proper notice. All items bought from the
Commissary must be for the offender's personal use. Any item bought from the
Commissary must be used for its intended purpose.
Voter Registration
An offender may be eligible to vote. In order to vote, he must meet the following criteria:
1.
2.
3.
4.
Has not been finally convicted of a felony or, if so convicted, has fully discharged
the persons sentence, including any term of incarceration, parole, or supervision,
or completed a period of probation ordered by any court;
5.
6.
Is a registered voter.
Information regarding how to contact the Registrar of Voters in your county or the
Elections Division of the Secretary of States Office is available in the unit Law Library.
R.
S.
Security Detention;
2.
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APRIL 2016
3.
Offenders undergoing the intake process and those on a transient unit assignment will
not be treated as administrative segregation offenders except to the extent provided for in
the Plan. Specific information regarding the conditions and procedures relating to
administrative segregation and state jail offenders in SR custody can be obtained by
reviewing the TDCJ Administrative Segregation Plan. A copy of the TDCJ Administrative
Segregation Plan is available in the law library for review by offenders.
T.
Institutional Lockdowns
A lockdown of an institution, wing, cell block or dorm may be imposed by the warden
when it is believed that such an action is necessary to suppress a major disruption of the
units safety and security. As a general rule, offenders are confined to their cell or dorm
area and all routine processes and certain privileges and rights are suspended until the
lockdown is lifted. Privileges and activities are restricted only to the degree necessary to
protect the security of the unit, other offenders, and the unit staff. The length of time an
area is locked down is determined by the continued behavior of the affected offenders.
U.
Impermissible Conduct
Offenders are restricted in their access to information about themselves, other offenders,
staff, or items which constitute security concerns. Offenders must not have any
supervisory, administrative or disciplinary authority over other offenders: receive special
privileges, or obtain or have access to sensitive information. The information an offender
can have about himself is described in the TDCJ Public Information Act Manual, Chapter
3, Incarcerated Offender Information. The only information an offender may have about
an employee is payroll name, rank or title, and current business address. For more
information, see Administrative Directive 03.02, Impermissible Offender Conduct
available in the unit Law Library
VII.
General Procedures
1.
Offenders in the TDCJ are required to obey all rules and regulations either issued
by TDCJ or those specific to their unit. If an offender violates a rule, he may be
punished through the Disciplinary Process. For more information, see the TDCJ
Disciplinary Rules and Procedures for Offenders handbook (GR-106).
2.
Once a rule violation has been noted, if it is not settled informally, the rule
violation may be reported in the form of an offense report.
3.
After an offense report has been written, the report will be given a number and
will be graded as major or minor. The offender will be notified of the charges filed
against him.
4.
APRIL 2016
b.
B.
(2)
(3)
Watching television;
(4)
(5)
(6)
c.
d.
e.
f.
g.
5.
6.
7.
For state jail offenders, the disciplinary history may be part of the report
submitted to the court (judge), the community supervision office, and the parole
authority under whose jurisdiction the offender is confined.
Solitary Confinement
Solitary confinement is a segregated housing status, which may be imposed as the result
of a major disciplinary hearing or a state jail offender disciplinary hearing. Solitary
confinement is ordinarily used when all other levels of discipline have been tried; where
the safety of other offenders or staff is concerned; or when the serious nature of the
offense makes it necessary. Offenders in solitary will be allowed out of their cell only one
time each day to shower. Offenders may be placed in solitary for up to 15 days.
Consecutive terms will be separated by 72 hours.
C.
2.
The Counsel Substitute does the following things for an offender when the
offender will go before a major hearing:
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APRIL 2016
3.
4.
a.
b.
Reads the charge to the offender and makes certain the disciplinary case
and the rights provided in the disciplinary process are understood.
c.
d.
e.
b.
c.
d.
e.
f.
D.
Appeal Process
At the end of the disciplinary hearing, the disciplinary hearing officer will advise the
offender of his right to appeal the decision, with respect to guilt or the punishment given,
through the offender grievance procedure.
Three Basic Grounds for Appeal:
1.
2.
3.
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APRIL 2016
The disciplinary decision may be appealed by filing a grievance. If the offender is not
satisfied with the decision, he may then file a Step 2 grievance for appeal purposes. The
Counsel Substitute will assist offenders with an appeal if they request assistance.
VIII.
Grievance forms are available from the law library, housing area, shift supervisors, or by
contacting the unit grievance office. After completely filling out the form, place it in the
grievance box yourself or hand it directly to the grievance investigator on your unit. Step
2 appeals must be accompanied by the original, answered Step 1.
B.
An attempt to informally resolve your problem must be made before filing a grievance.
Informal resolution is defined as any attempt to solve the issue at hand and must be
noted on the Step 1 grievance form (I-127). You have 15 days from the date of the
alleged incident or occurrence of the issue presented in which to complete the Step 1
grievance form and forward it to the unit grievance investigator (UGI). The Step 1
process may take up to 40 days from the date the unit grievance office receives the Step
1 form to respond or 45 days for medical grievances. If you are not satisfied with the
Step 1 response, you may appeal the Step 1 decision by filing a Step 2 (I-128). You
have 15 days from the Date returned to the Offender noted in the OFFICE USE ONLY
box on the front of the grievance form to submit the Step 2 to the grievance investigator
on the unit. The Step 2 process may take up to 40 days to provide you a written
response or 45 days for medical grievances. Present only one issue per grievance.
C.
D.
Complete your grievance using a typewriter or dark ink. If you need assistance filing a
grievance or understanding a response, contact your unit grievance investigator.
E.
The following issues are grievable through the Offender Grievance Procedure.
Remember that you may only file a grievance on issues that PERSONALLY APPLY TO
YOU, with the exception of SEXUAL ABUSE or PREA related issues.
1.
2.
3.
Any reprisal against you for the good faith use of the grievance procedure or
Access to Courts.
4.
5.
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APRIL 2016
F.
G.
2.
Parole decisions;
3.
4.
5.
Grievances that do not meet the following established screening criteria may be returned
to you unprocessed; however, most grievances may be corrected and resubmitted within
15 days from the Date Returned to the Offender noted in the OFFICE USE ONLY box
on the back of the grievance form on the returned grievance.
1.
Grievable time period has expired. (Step 1 grievances must be submitted within
15 days from the date of incident and Step 2 Appeals must be submitted within
15 days from the date of the signature on the Step 1.)
2.
Submission in excess of one every seven days. (All grievances received in the
grievance office will be reviewed; however, only one grievance will be processed
every seven days [with the exception of disciplinary and emergency grievances].)
3.
Originals not submitted. (Carbon copies are not considered originals even if they
have an original signature. The original answered Step 1 must be submitted with
a Step 2 Appeal.)
4.
5.
6.
7.
8.
9.
Disciplinary appeals will not be processed until after the disciplinary hearing.
10.
11.
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APRIL 2016
12.
IX.
Inappropriate. (You may not ask for monetary damages or any form of
disciplinary action against staff.)
H.
Do not use a grievance form to comment on the effectiveness and credibility of the
grievance procedure; instead, submit a letter or I-60 to the administrator of Offender
Grievance Program.
I.
PAROLE INFORMATION
A.
Parole Information
Parole is a privilege, not a right! Parole is the discretionary and conditional release of an
eligible offender from physical custody of a jail or prison if the offender agrees to serve
the remainder of his sentence under the supervision of the Parole Division.
Some requirements for an offender to be released on parole are: (a) serves sufficient
time as required by law [Tex. Govt. Code 508.145]; (b) is not a risk to public safety;
and (c) meets work, program participation, and behavior standards.
Offenders approved for parole are allowed to leave the TDCJ and serve the remainder of
their sentences under the supervision of parole officers. Offenders who are approved for
parole may be released during their initial parole eligibility month/year (FI-1); may be
released during a specified month which is beyond their initial parole eligibility month/year
(FI-2); may be transferred to a Pre-Parole Transfer facility and released on a specified
month/year which is beyond their initial parole eligibility date (FI-4); or may be transferred
to an In-Prison Therapeutic Community (IPTC) for substance abuse treatment (FI-5).
The Board of Pardons and Paroles (BPP) has also passed parole vote options that
require rehabilitation treatment programs for certain offenders prior to parole. Specific
categories include FI-3R, FI-6R, FI-7R, and FI-18R. The numerical identifier in the vote
(3, 6 and 18) reflects the number of months the offender must serve beyond a specified
release date, which will be set by the BPP.
An offender approved for parole under an FI-5 or any of the FI-R votes will be
reevaluated by the BPP if he fails to complete the treatment program successfully.
Offenders who are not approved for parole may be given new BPP review dates (Next
Review Dates).
Offenders who are denied parole and are given serve-alls will be released to Mandatory
Supervision (MS) on their Projected Release Dates (minimum expiration dates). If an
offender has no Projected Release Date and is given a serve-all, he will serve his/her
entire sentence in calendar time and will be discharged from the TDCJ on his/her
maximum expiration date.
If the offender is incarcerated for an offense that occurred on or after 9-1-96, and is not
approved for parole release, the offenders file will be reviewed by the BPP for possible
release to mandatory supervision (RMS) or denial of release to mandatory supervision
(DMS).
Offenders who are denied release to mandatory supervision (DMS) will be given a new
BPP review date (Next Review Date). The review process will be done 30 days prior to
the next review date. Offenders denied release to mandatory supervision (DMS) will
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APRIL 2016
receive annual BPP review until receipt of approval for release on mandatory supervision
(RMS) or upon release on expiration of their sentence on their maximum expiration date.
Offenders whose offenses occurred prior to 9-1-96, who are denied parole and receive a
serve-all from the BPP will be released to mandatory supervision on their Projected
Release Date (minimum expiration date). If the offender is serving consecutive
sentences, he may be approved for parole on a specific cause number that is eligible for
review (CU-FI) or the BPP may deny parole for a specific cause number (CU-NR).
Parole and Mandatory Supervision allow an offender to be released from custody to the
supervision of a Parole Division District Parole Officer. Parole and Mandatory Supervision
rules are the same. In order to complete the required period of Parole or Mandatory
Supervision, the releasee must meet the requirements of supervision.
In addition to the General Conditions of parole and mandatory supervision, the BPP may
also impose Special Conditions requiring treatment and other program participation,
travel and contact restrictions, and restitution reimbursement, Electronic Monitoring may
also be imposed by the BPP. Discharge from Parole or Mandatory Supervision occurs
on the maximum expiration date of the offenders sentence.
B.
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APRIL 2016
The BPP may require electronic monitoring as a condition of release. In the event this
condition is imposed, special equipment must be installed in the residence. Prior to the
offenders release, the sponsor must sign an agreement to remove all features from the
phones (call forwarding, caller ID, call waiting, etc). The BPP may require halfway house
placement as a special condition of an offenders release.
When an offender has been interviewed for parole consideration, a report is submitted to
the BPP for a decision. When a decision is reached, the offender is informed of the
decision. Remember, offenders do not have to apply for parole consideration. An
offender DOES NOT have to be in physical custody of TDCJ to be paroled. Texas law
authorizes Parole in Absentia (PIA). PIA is the parole release of TDCJ sentenced
offenders from other holding facilities, including jails, contract facilities, and federal/other
state prisons.
C.
Most offenders under this law become parole eligible when their flat time
served and good time credits combine to equal one-fourth of their total
sentences. Fifteen years total flat time and good time credit is the
maximum requirement in this example. (Flat time served + good time
credits = one-fourth of sentence = parole eligibility.)
b.
c.
(1)
Capital Murder;
(2)
Aggravated Kidnapping
(3)
Aggravated Robbery;
(4)
(5)
Offenders under this law who have their parole denied will be released to
Mandatory Supervision on their Projected Release Dates; however,
offenders convicted of certain offenses under this law do not have
Projected Release Dates (minimum expiration dates). These offenders
must be released on parole, or on their maximum expiration dates. Any
good time earned by these offenders counts toward parole eligibility
only, and does not apply to Projected Release Dates. An offender may
not be released to Mandatory Supervision if the offender is serving a
sentence for:
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APRIL 2016
2.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
d.
e.
71st & 72nd Legislature Requirements (Offense dates 9-1-89 to 8-31-93); [House
Bill 93 amending Article 42.18 (TCCP)].
a.
b.
c.
d.
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APRIL 2016
3.
b.
(2)
(3)
(4)
Aggravated Kidnapping;
(5)
(6)
(7)
c.
Offenders under this law who have their parole denied will be released to
Mandatory Supervision on their Projected Release Dates. (See Section
I.C)
d.
(1)
(2)
(3)
(4)
(5)
APRIL 2016
b.
c.
Offenders under this law who have their parole denied, will be released
to Mandatory Supervision on their Projected Release Dates. (See
Section 1.c., for offenses not eligible for Mandatory Supervision, with the
exception of Deadly Assault on Law Enforcement or Correctional Officer
or Court Participant, which was deleted as a Non-Mandatory Supervision
offense by the 73rd Legislature. Also, Aggravated Assault offenses, 1st
or 2nd degree, as changed by the 73rd Legislature. Other exceptions to
release on Mandatory Supervision will be found in Parts f and g of this
section.)
d.
e.
(2)
(b)
(c)
f.
g.
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APRIL 2016
Degree, Arson 1st Degree, Robbery 2nd Degree, Drug Free Zone offense,
Injury to Disabled Individual, Burglary 1st Degree, Use of Child in
Commission of offense.
5.
6.
(2)
(b)
(2)
(3)
7.
8.
b.
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APRIL 2016
9.
10.
b.
c.
b.
11.
12.
13.
(2)
(3)
Mandatory Supervision
(1)
(2)
Adds Criminal Solicitation, 1st degree, to list of offenses not eligible for
Mandatory Supervision.
b.
b.
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APRIL 2016
b.
D.
E.
F.
G.
X.
REENTRY SERVICES
A.
Phase I
Identification Document Services: A reentry case manager will assist eligible
offenders in ordering a replacement social security card, certified birth certificate,
and Texas identification card. The identification documents are ordered prior to
release and issued to the offender at the time of release from TDCJ. These
documents equip the offender with the identification information necessary to
secure employment, housing, benefits and other services upon return to the
community.
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APRIL 2016
2.
Phase II
Assessment and Reentry Case Management: A unit-based reentry case
manager conducts a risk assessment to determine an offenders risk level as it
relates to criminogenic need and risk of re-offending. Offenders who are
moderate or high risk are offered enrollment in individual case planning, where
the offender and the case manager use the Individual Reentry Plan to identify
post-release needs in the following areas:
3.
Food/Clothing
Housing
Drug/Alcohol treatment
Medical/Dental Care
Mental Health Care
Rent Assistance
Domestic Violence
Employment
Income/Benefits
Unemployment
Health Care Benefits
Medication Assistance
Aging and disability Services
Identification
Social Security
Coping Skills-Family/Children
Life Skills Training
Community Case Management
Transportation
Resource Management
Vocation Training
Education
B.
Veterans Services
Through partnerships with the Veteran Integrated Service Network (VISN), Texas
Veterans Commission (TVC), Military Veterans Peer Network (MVPN), and the U.S.
Department of Veterans Affairs, Reentry and Integration Division staff:
1.
2.
Identify veteran offenders nearing release from TDCJ and provide referrals to the
appropriate VISN and MVPN representatives;
3.
Complete veterans benefit applications and submit to the TVC and VISN;
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C.
4.
Obtain DD214s and provide them to offenders at time of release from TDCJ;
5.
Collaborate and share information with the VISN regarding offenders who have
had rejected applications for copies of DD214s;
6.
7.
Work closely to identify medically appropriate facilities through the VISN for
veterans receiving a Medically Recommended Intensive Supervision release or
in need of medically appropriate residence/care upon parole or discharge;
8.
9.
D.
2.
3.
4.
Court intervention.
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E.
F.
1.
Case Management;
2.
Rehabilitation/Psychological Services;
3.
4.
5.
G.
H.
XI.
B.
TDCJ
CRIME STOPPERS
P. O. BOX 1855
HUNTSVILLE, TX 77342-1855
Call:
800-832-8477
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Offenders will not be required to write their name, TDCJ number or return address on the
outside of this sealed correspondence. Correspondence will not be logged or inspected
by TDCJ personnel. Writing to the TDCJ Crime Stoppers Program following the above
instructions will assure informant anonymity.
C.
D.
Important Information
The TDCJ Crime Stoppers Program will not be used to circumvent the grievance system
or to report problems that you may have with TDCJ or its operations that are not criminal
in nature.
XII.
Discharge Certificates
Upon release from the Texas Department of Criminal Justice offenders who either
discharge their sentence or complete parole will be issued either a Discharge Certificate
or a Parole Certificate. These certificates are extremely important offenders MUST
keep these certificates. Upon release, these certificates may be required by potential
employers, housing authorities, military personnel, schools/college, state license board
and government agencies (Social Security Administration). These certificates are not
duplicated.
B.
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Chapter 2
OFFENDER VISITATION RULES AND REGULATIONS
INTRODUCTION
The Texas Department of Criminal Justice (TDCJ or Agency) encourages offender visits consistent with
security and classification guidelines. Offender visitation in TDCJ units will be conducted in an
accommodating manner, in keeping with the need to maintain order, safety of persons and security of the
unit. However, visitation is a privilege and may be temporarily restricted for an offender or a visitor, if rule
violations occur or security concerns exist. Visitation may also be temporarily discontinued during
lockdowns and other serious incidents, such as escape, health related concerns or riot. The temporary
visitation suspension will be posted on the TDCJ website. Offender visitation is managed under the
direction of each warden, and in accordance with the rules and guidelines outlined below in accordance
with the TDCJ Offender Visitation Plan. All offender visits covered by the TDCJ Offender Visitation Plan
are subject to be electronically monitored. Unless otherwise noted, these rules and guidelines apply to
both general (non-contact) visits and contact visits.
Effective, April 21, 2014, the TDCJ developed and implemented an online process in which family and
friends are able to check an offenders eligibility status to receive visits. The following steps will allow
family and friends to look up an offenders visitation eligibility.
SEARCH AN OFFENDERS VISITATION STATUS ELIGIBILITY ONLINE @ http://www.tdcj.texas.gov/
Click on Offender Search - enter information for one or more fields then click Search
Review the Offender Visitation page for helpful information before visiting
DEFINITIONS
Contact Visits are visits that are usually conducted inside the unit in a designated visiting area or
outside the main building, within the fenced perimeter. Physical contact between offenders and visitors is
allowed. Embracing and kissing is permitted once at the beginning and once at the end of each visit.
Holding hands is permitted during visitation, as long as hands remain on top of the table in full view of
staff. During visits, offenders and visitors are seated on opposite sides of the table, with the exception of
the offenders small children who may be held by the offender.
Contraband is any item not permitted into the secured perimeter of a unit, or in some cases, on TDCJ
property. Also, any item brought into, or taken out of a unit, or in the possession of an offender, visitor or
employee as defined in the Texas Penal Code, Section 38.11, is prohibited by the rules and regulations of
the TDCJ, may also be considered contraband. These items include, but are not limited to, alcoholic
beverages, controlled substances or any drug, firearms or deadly weapons, or any item brought onto
TDCJ property with the intent to deliver to an offender, such as paper money, tobacco, lighter, matches,
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cell phones, pagers, laptop computers, cameras, digital recorders or any other type of electronic or
wireless devices.
Current/Former Employee for the purpose of this plan, includes anyone currently or previously
employed by the TDCJ, or anyone currently or previously employed by an agent of the TDCJ, including a
private prison vendor, Windham School District (WSD), University of Texas Medical Branch (UTMB),
Texas Tech University of Health Science Center (TTUHSC), or any other similar entity.
Directors Review Committee (DRC) is the central and final authority for all appeals related to the
removal of persons from an offenders Visitors List and offender contact visitation restrictions.
Ex-Offender for the purpose of this plan, is an individual who has been incarcerated in a state or
federal institution, and released under mandatory supervision, parole, discharged, released from a
Substance Abuse Felony Punishment (SAFP) facility or released on shock probation.
Extended Visit may be permitted at the discretion of the warden or designee for individuals traveling in
excess of 250 miles one-way for visitation, if space allows. This may be for up to four hours in length.
Family Liaison Officer (FLO) is a TDCJ employee, such as a duty warden, who assists offenders
immediate family members and other persons during visits with offenders and aids those persons in
resolving problems that may affect permitted visits with offenders.
General Visits are conducted inside the main building of the unit in which no physical contact between
offenders and visitors is possible or allowed. These visits are usually held in a designated visiting area
where offenders and visitors are physically separated by a glass wall or partition. General visits are also
referred to as non-contact and regular visits.
Hardship Visits allow children ages 16 and 17, who are on the offender legal guardian/parent Visitors
List and do not have an adult to accompany them, to visit legally recognized guardians or parents who
are incarcerated in the TDCJ.
Immediate Family for the purpose of this handbook, is a ceremonial, proxy, or common-law spouse,
natural or adopted mother and stepmother; natural or adopted father and stepfather; natural or adopted
children, stepchildren, grandchildren, and step-grandchildren; natural or adopted siblings stepsiblings;
natural or adopted grandparents and step-grandparents; aunts, uncles, and persons related by marriage,
which are in-laws: father, mother, daughters, sons, brothers, sisters, grandchildren, and grandparents.
Offender for the purpose of this handbook, is an individual in the custody of the TDCJ.
Ombudsman Office is a single point of contact for offender family members, elected officials, and
members of the general public.
Significant Other for the purpose of this handbook, is a surrogate parent or a special relationship,
such as a foster parent or legal guardian of an offenders minor child that is verified by the warden.
Special Visits are visits that allow the warden or designee to permit contact or general visits or
authorize special conditions of visits outside of the ordinary course of established visitation rules. The
warden may delegate the authority to review and approve requests for special visits to a designee, such
as duty warden, assistant warden, building major, or Unit Classification Committee (UCC) member.
Offenders or visitors requesting a special visit must submit the request in writing or via telephone or e
mail, for applicable units to the warden or designee.
Split Visits are visits that allow offenders and visitors to divide or breakup a visit in one- or two-hour
increments. For example, during one two-hour special visit, two adults can visit during the first hour and
two different adults can visit during the last hour; or during one four-hour special visit, two adults can visit
during the first two hours and two different adults can visit during the last two hours.
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Both regular and special visits allow a total of four adults to visit. Prior to being granted a split visit, the
visitor must inform the visitation officer of the desire to receive a split visit during the visitors check-in
process.
Visitor Identification for visitors ages 18 and older, is a pictured and signed identification (ID) of one of
the following: (1) state driver license; (2) state Department of Public Safety (DPS) ID card; (3) Armed
Forces ID card; (4) passport; or (5) ID card issued by the United States Department of Homeland
Security, U.S. Citizenship & Immigration Services (USCIS), such as Visa Border Crossing ID Card (USA
B1/B2 Visa BCC). If an identification document other than a passport is used, the identification document
must contain a current physical address. Children 17 years of age and younger may be required to
provide ID, such as birth certificate, ID card, or student ID card (student ID card will be used only for
children ages 17 and younger). Identification is required for hardship visitors. An exception is allowed for
victims of family violence who are certified as a crime victim to use a post office box address instead of a
physical address.
Victims of Family Violence for the purpose of this handbook, are the victims of family violence who
may be issued a card that indicates the individual has been certified as a crime victim and is entitled to
protection. These individuals may visit using a post office box in lieu of a physical address, when
presenting the certification card and a government ID. In particular, the attorney general is authorized
under Texas Code of Criminal Procedure 56.82 to protect the address information of victims of family
violence.
Visitors List is the official approved list of names, phone numbers, and physical addresses of persons
with whom the offender wishes to visit during authorized visiting hours. Each offender is allowed to have
a maximum of 10 names on the Visitors List.
Visitors List Change for the purpose of this handbook, is the process of adding or deleting names
from an offenders Visitors List once every six months for institutional offenders and once every 60 days
for state jail offenders.
Visitors List Status Change for the purpose of this handbook, is the process of updating information
on an offenders Visitors List at any time without the updated information being counted as a Visitors List
Change. For example, changes to an address, phone number, relationship, adding a different last name,
or any other similar updated information may be done at any time.
I.
GENERAL INFORMATION
While it is recognized that unit assignments may create hardships for visiting, assignments are
based on considerations other than offender or family convenience.
Each units designated FLO, usually the duty warden, must ensure offenders immediate family
members and other persons are given assistance during visits with offenders and given
assistance in resolving problems that may affect permitted contact with offenders. The duty
warden has the ultimate responsibility for resolving any visitation problem. Other employees and
TDCJ approved volunteers will assist the duty warden in providing assistance to visitors. The
volunteer may be able to offer general information regarding unit operations and rules for visitors.
Copies of the I-218, Offender Rules and Regulations for Visitation Booklet are prominently
displayed at locations in the unit that are accessible to offenders and in areas accessible to
visitors.
Visitation Schedule:
A.
Periods of Visitation
1.
Visits usually occur on Saturday and Sunday between 8:00 a.m. and 5:00 p.m.
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2.
Normally one visit per visiting cycle for eligible offenders are allowed.
3.
Visiting cycles begin on Monday and end on the following Sunday. For example,
if a visitor or an eligible offender desires to visit on Sunday and the following
Monday, Monday begins the next visiting cycle. Therefore, if allowed to visit, this
will count as one visit for each week.
4.
A regular visiting period is two hours in duration and begins when the offender is
seated.
5.
Due to visitation demand, the CID director may designate units to expand normal
visitation days and hours to include Fridays.
Updated and regularly maintained Unit Visitation Schedules are located on the
TDCJ website, under Offender Search.
B.
Frequency of Visits
Generally, all offenders are permitted to have a total of one general or contact visit for a
two-hour period each week, except during the Intake Process; Lockdown Status; Solitary
Confinement; Administrative Segregation; and G5/J5/P5 custody offenders housed in the
main compound.
Administrative segregation, death row, and G5/J5/P5 custody offenders housed in the
main compound and other areas of visitation are detailed in Section IV. Visits for Other
Categories, of this handbook.
The following offenders are eligible for visits, with the frequency as indicated:
Custody Level/Class
Level 1 (G1, J1); Level 2 (J2 only)
Level 2 & 3 and Protective
Safekeeping (with SAT 3) (G2, G3,
P2, P3, P6 and P7);
Level 2 & 3 (G2, G3, P2, P3)
Level 4 - (G4, J4, P4) State jail and
institutional SAT 3 and 4 offenders
with no disciplinary convictions for
one year
All other Level 4 (G4, J4, P4)
Frequency
One contact visit/week
One contact visit/week
The number of contact visits allowed each month will count toward the total number of
visits as outlined above. Except in unusual circumstances, an offender will not be
scheduled for both a contact visit and a general (non-contact) visit on the same day or
during the same week.
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C.
D.
Visits may occur on holidays, except Christmas Day, that fall on a Monday or
Friday, if scheduled in advance. Arrangements to schedule these visits may not
be made on any holiday.
2.
All arrangements to schedule visits must be made through the wardens office
between 8:00 a.m. and 5:00 p.m. at least one day but not more than seven days
prior to the visit.
3.
Unit administration must make every effort to accommodate visitors arriving late,
if time and space is available.
Each eligible offender is allowed to have two adults, ages 18 and older, per visit.
Children ages 17 and younger may visit without being counted in this number.
The number of children allowed per visit is based on the amount of space
available and the visitors ability to manage and control the children.
2.
3.
Eligibility Criteria
An offender is eligible for a contact visit if the offenders eligibility is reflected in
the Mainframe computer records (that is, the offender Visitors List screen in the
Inmate Master File computer program indicates when or if an offender is eligible
to receive contact visits).
II.
Intake Processing
During the Intake process, each offender is asked to submit a list of not more than ten
names of proposed visitors to the warden or designee, using the RO-1, request for
placement on Visitors List. Each name submitted must include the physical address and
phone number of the proposed visitor and the visitors relationship to the offender. An
offender, not a visitor, must request to have a visitor added to the Visitors List. The
visitor cannot request to be placed on an offender Visitors List. Offenders do not receive
visits until the intake processing is complete and offenders are classified and assigned a
custody.
B.
C.
Newly-received offenders will be given sufficient time to obtain visitors addresses and
phone numbers for inclusion on the initial Visitors List.
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D.
III.
Visitors List
1.
Institutional offenders may request additions and deletions to the Visitors List
once every six months. State jail offenders may make additions and deletions to
the Visitors List once every 60 days.
2.
Offenders are allowed to request Visitors List Status Changes on the Visitors
List, using the RO-1, Request for Placement on Visitors List at any time without
affecting a Visitors List date change. For instance, changes to an address,
phone number, relationship, adding a different last name or any other similar
updated information may be done at any time without causing a Visitors List date
change. The procedures to change the offenders Visitors List are outlined in the
Visitors List Change/Status Change Update Procedures, Attachment A, TDCJ
Offender Visitation Plan.
Hardship Visits
With prior written approval from the warden, children ages 16 and 17 and are on
the offenders Visitors List, may be allowed to visit a legal guardian or parentoffender, alone without an adult accompanying them. These accommodations
are allowed for children ages 16 and 17 who do not have an adult to accompany
them when visiting incarcerated legal guardian or parents.
A copy of the wardens written approval obtained prior to the visit must
accompany the 16 or 17 year old when visiting and must be filed in the offenders
unit file.
2.
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This is not to be confused with those few exceptions when a child should be
allowed to see a sex offender, usually a parent in a controlled group environment
supervised by Sex Offender Treatment Program (SOTP) psychologists. It is not
intended to be used to prohibit family participation in counseling groups as a part
of the SOTP. These exceptions must only occur with the approval of the SOTP
Clinical Director.
Offenders may file a grievance or appeal to the DRC for removal of a VR code.
B.
C.
Approval Process
1.
The warden or designee must review the list of names submitted by the offender
and approve or deny these persons for visitation using the RO-1, Request for
Placement on Visitors List.
2.
Each offender is given a copy of the offenders approved Visitors List. The
original offenders Visitors List must remain with the offenders travel card. The
names, addresses, relationship and phone numbers of each offenders approved
visitors must also be maintained on the TDCJ Mainframe computer system.
Visitor Notification
1.
2.
The offender is responsible for notifying ex-offenders, who are not immediate
family members that they are required to wait 24 months from their release date
before being eligible to visit.
The offender is also responsible for notifying immediate family members who are
ex-offenders to bring written permission from the individual or agency supervising
the conditional release and also notify the respective warden prior to visiting.
Permission from the supervising agency must be filed in the offenders unit file
and is only required once.
The duty warden has the authority to make the final determination whether an exoffender is allowed or not allowed to visit an offender based on safety and
security concerns.
3.
Visitation Restriction
a.
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are expected, the offender should notify the warden or designee, who will
attempt to contact the visitors by telephone.
b.
D.
In the event an offender is placed on the Critically Ill List, unit medical
staff must notify the warden or designee who will make the appropriate
notifications to the next of kin in accordance with AD-06.10, Notification
Regarding Critically Ill Offenders.
Visitor Identification
The CID is authorized to maintain a Visitors Tracking System.
1.
Prior to entering the visitation area, all visitors ages 18 and older must provide
the required ID as defined by this handbook.
2.
Must be Accompanied by
On Visitors List
ID Required
an Adult
Yes
No
Yes
No
Yes
No
17 & younger
Children ages 16 and 17 who have been approved for a Hardship Visit must be on the
offender Visitors List and are required to provide ID, such as student ID card, birth certificate,
or state Department of Public Safety ID card.
Age
3.
4.
Visitors must provide the following information prior to entering the unit or the
units designated security checkpoint:
a.
b.
c.
d.
The correctional officer in charge of visitation must verify all visitors approval
prior to allowing the visit. Questions regarding identity must be referred
immediately to the duty warden.
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E.
All vehicles and visitors are subject to search prior to entering TDCJ property.
Visitors must be screened by a metal detector prior to entering the visitation area
in accordance to TDCJ policies. Pat search must be conducted by a security
staff of the same gender; however, metal detector screening may be performed
by either gender. Visitors must be screened in a sheltered area during inclement
weather.
Children under 18 must not be pat searched by TDCJ security staff but will be
screened by TDCJ security staff using a hand-held or walk-through metal
detector.
Parents, guardians or accompanying adults are responsible for ensuring visiting
children are free of any contraband prior to entering a TDCJ unit.
Any visitor refusing a search procedure will be required to leave TDCJ property.
Each unit must have a sign listing these procedures posted at the vehicle checkin point at units that use vehicle check-in points and the visitor check-in point.
The signs must be posted in both English and Spanish. It is a mandatory
requirement that all visitors must be screened and searched inside a sheltered
area if inclement weather exists.
2.
All visitors must leave any metal objects or material capable of causing injury,
abetting escape, or otherwise causing a threat to the safety or security of the unit
in a secure vehicle. The duty warden has the authority to make a final
determination whether an object is prohibited. All hand-carried items must be
searched.
EXCEPTION: If a visitor has a pacemaker, or any other type of medical implants,
the visitor must have written documentation from a physician or pacemaker
manufacturer indicating that the metal detector screening may cause the visitors
pacemaker to malfunction. Once this documentation is presented to security, the
visitor must submit to a pat search.
3.
b.
c.
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F.
Contraband Items
Visitors must not possess or introduce into the secured perimeter of a unit, or in some
cases, on TDCJ property, any items defined as contraband or any articles, instruments or
substances specifically prohibited by state law or policies and rules of the TDCJ.
If there are questions regarding an item, the duty warden has the authority to make a final
determination. The following are defined as contraband items and are distinguished as
items not allowed on TDCJ property or items not allowed inside the secured perimeter of
a unit:
Contraband Items Not Allowed on TDCJ Property
G.
1.
2.
3.
H.
I.
Permissible Items
1.
Visitors are permitted to bring into the unit a small wallet, clear plastic bag,
Ziploc type or change purse.
2.
Visitors may bring coin money in an amount not to exceed $25 Visitors who
violate this rule may have the visit denied and may be removed from the
offenders Visitors List.
3.
Visitors with infants or small children may bring no more than three diapers, a
supply of baby wipes and two baby bottles or a sippy cup for toddlers into the
unit. These items must be stored in a clear plastic bag.
4.
Visitors are allowed to purchase soft drinks and snacks from the vending
machines for offenders during general and contact visits, but the items must be
consumed during the visit.
Supervision of Visits
1.
Each warden must establish procedures to ensure all visits are conducted in a
quiet and orderly manner.
2.
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J.
K.
3.
Offenders must be pat or strip-searched prior to entering the visitation area and
strip-searched prior to leaving the visitation area. After completing the visit, the
offender must immediately leave the visitation area and will not be given the
opportunity to return to the visitation area or any part thereof.
4.
Offenders who are allowed to take a restroom break during the visit must be
strip-searched when exiting and pat or strip-searched when re-entering the
visitation room. Time taken for restroom breaks will be considered as part of the
visiting period.
Offender Rules
1.
Offenders must wear TDCJ-issued pants, with shirts tucked in, and TDCJ-issued
or commissary-purchased shoes.
Offenders may wear TDCJ-issued or
commissary-purchased t-shirts, thermals, and wedding rings (band-type only with
property papers) during visits. If the offender wears commissary-purchased
shoes to a visit, the offender must have proof of ownership for the shoes in their
possession. Any offender not producing proof of ownership for the commissarypurchased shoes may have the visit terminated, the shoes confiscated, or be
provided a pair of TDCJ-issued shoes to complete the visit.
2.
3.
Visitor Rules
1.
2.
Dress Code
a.
Conservative dress is encouraged for all visitors. The duty warden will
make the final decision on whether the visit should be denied based on
clothing.
b.
Shorts and skirts no shorter than 3 above the middle of the knee when
standing, capri pants, or long pants are allowed.
c.
Length is not restricted for pre-adolescent boys and girls; generally ages
ten and younger.
d.
e.
Sleeveless shirts and dresses are allowed, however the shirts and
dresses must cover the shoulders.
f.
g.
Loitering around the units front gate, parking lot, or perimeter pickets;
b.
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L.
c.
d.
e.
Yelling at offenders.
3.
4.
Visitors are not allowed to switch from visiting with one offender to another. This
conduct may cause the visit to be terminated and possibly the visitors name
removed from the offenders Visitors List.
5.
Without approval from the duty warden, no visitor may take any article
from TDCJ property, such as gifts from offenders, excess personal
property items, or craft items.
c.
Denial of Visits/Visitors
1.
2.
The specific reasons for cancelling a visit, denying a visitor or removing a visitor
from an offenders Visitors List must be documented on the TDCJ Offender
Visitation Denial Form and the Denial Log. A copy of the TDCJ Offender
Visitation Denial Form will be provided to the denied visitor and the offender, and
the original will be filed in the offenders unit file.
3.
A visitor will be denied permission to visit and may have the visitors name
removed from the offenders Visitors List if, the visitor:
a.
b.
c.
d.
e.
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M.
N.
4.
An offender may appeal the decision to remove an individuals name from the
offenders Visitors List through the offender grievance procedures or by
submitting a written appeal to the DRC.
5.
The duty warden has the authority to terminate an offenders general or contact
visit while the visit is in progress, if the offender violates established TDCJ
offender rules and regulations. Visits may also be terminated if the offenders
visitors do not comply with the rules and regulations established for visitors,
including but not limited to failure to prevent children from disturbing other
individuals in the visiting area.
2.
IV.
B.
1.
Psychiatric in-patients are allowed contact visits in accordance with the computer
recommended custody. Offenders who have no disciplinary for 12 consecutive
months will be allowed to receive contact visits with immediate family members.
These offenders must be reviewed and approved by the Program Treatment
Team which consists of a psychiatric or rehabilitation aide supervisor or
designee, and with the wardens approval.
2.
Visitation for all psychiatric in-patient facilities may be scheduled for any day of
the week, at the discretion of the warden or designee and the Program
Treatment Team.
Psychiatric Out-Patient
Psychiatric out-patients are eligible for general and contact visits in accordance with the
offenders custody.
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C.
Transient Status
Offenders in transient status or housing except those undergoing intake processing are
eligible for general visits in the same manner as all other general population offenders.
Contact visitation for these offenders is allowed in accordance with the criteria and
procedures outlined in these rules and at the discretion of the warden or designee, as in
cases where offenders are being housed in transient status due to a protection
investigation.
D.
Safekeeping Status
Offenders in safekeeping status are eligible for general and contact visits in accordance
with the same criteria and procedures as all other general population offenders.
E.
Pre-Hearing Detention
Offenders in pre-hearing detention are not allowed to have contact visits while in this
status, irrespective of custody level or time-earning status. However, these offenders are
allowed to have general visits in accordance with the same criteria and procedures as
general population offenders.
F.
Lockdown Status
Offenders on lockdown status may not be allowed visitation in accordance with AD-03.31,
Unit Lockdowns Procedures and the units progressive release lockdown schedule.
G.
Solitary Confinement
All visitation privileges are suspended while offenders are in solitary confinement. In
cases where the offender is placed in solitary confinement, and timely notification to the
visitor by mail is not possible the offender should notify the warden or designee, who will
attempt to contact the visitors by telephone.
H.
General Visits
Offenders in administrative segregation (security detention) or G5 in expansion
cellblocks are allowed general visits based on the administrative segregation
level to which they are assigned, as outlined below. Special security procedures
may be used during visitation periods to ensure the safety and security of all
offenders, visitors, staff and the unit.
Security Detention Level
# of Visits Allowed
One general visit/week
Level I
Level II
Level III
2.
Expansion Cellblocks
a.
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I.
b.
c.
Death Row
1.
Death Row offenders are not allowed contact visits. Generally, visits are two
hours in duration. Special security procedures may be used during visitation
periods to ensure the safety and security of all offenders, visitors, and staff as
well as the security of the unit.
Custody Level
Work Capable & Level I
Level II
Level III
2.
Mountain View
Monday (8:00 a.m. - 5:00 p.m.)
Tuesday (8:00 a.m. - 12:00 p.m.)
Wednesday (8:00 a.m. - 5:00 p.m.)
Thursday (8:00 a.m. - 5:00 p.m.)
Friday (8:00 a.m. - 5:00 p.m.)
Saturday (5:30 p.m. - 9:30 p.m.)
3.
4.
Attorney Visits
Death row offender visits with attorneys are governed by BP-03.81, Rules for
Governing Offender Access to the Courts, Counsel, and Public Officials. An
attorney visit will not count against a death row offenders visits.
5.
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6.
a.
b.
c.
A death row offender may have a spiritual advisor visit and a regular visit
on the same day. However, the spiritual advisor may not have a spiritual
advisor visit and a regular visit with the same offender on the same day.
d.
A spiritual advisor visit will not count against a death row offenders
regular visits.
e.
(2)
(3)
(4)
(5)
(6)
Media Visits
Press interviews of death row offenders are scheduled through the Public
Information Office.
Polunsky Unit
Wednesday 1:00 p.m. to 3:00 p.m.
Special security procedures, such as security cages may be used during the visitation
periods to ensure the safety and security of offenders, visitors, staff and the unit.
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J.
Frequency/General Visits
Two general visits/month
One general visit/month
All visits are limited to two hours in duration and occur on Saturday and Sunday
between 8:00 a.m. and 5:00 p.m.
Units identified with high visitation frequency will allow visitation Saturday and Sunday
between 7:00 am. and 5:00 pm.
V.
CONTACT VISITATION
A.
Contact Visits
Both indoor and outdoor contact visitation are located on most TDCJ units. For outdoor
contact visits, covered picnic type tables or similar seating arrangements are available.
Contact visits may be held outdoors if weather permits. The duty warden will determine
when inclement weather conditions or some other uncontrollable situation which would
prohibit the use of outdoor contact visitation.
B.
1.
Offenders must complete the intake process and be incarcerated in the TDCJ for
a minimum of 60 days from the current TDCJ receive date prior to becoming
eligible for contact visitation. General visits are allowed anytime during this
process as specified by the warden.
2.
State jail offenders must complete the intake process and be incarcerated in the
TDCJ for a minimum of 30 days from the current TDCJ receive date prior to
becoming eligible for contact visitation. General visits are allowed at anytime
during this process as specified by the warden.
Eligibility Criteria
An offender is eligible for a contact visit if the offenders eligibility is reflected in the
Mainframe computer records.
C.
Offenders eligible to receive contact visits may select the week for the visitation;
they must not be restricted to a designated week for contact visitation.
2.
In the event the computer becomes inoperable prior to or during any part of the
contact visiting hours, and a unit is unable to determine which offenders are
eligible to have contact visits, the duty warden will have the authority to provide
offenders with general visits on that day. Eligible offenders are permitted to have
contact visits on a subsequent day (which may be during the same week at the
wardens discretion).
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D.
Contact visits are limited to the eligible offenders immediate family to include the
following procedures for ceremonial, proxy, common-law spouse and significant
other categories.
2.
Spouse
a.
Ceremonial
The person listed as an offenders spouse on the offenders Visitors List
is eligible for contact visits. Any change of an offenders spouse on the
Visitors List must be verified by the warden or designee, that is, proof of
divorce must be provided by the offender when a change in spouse is
requested on the Visitors List). A copy of the marriage license or other
acceptable legal documents must be used for verification.
b.
Proxy
A marriage in which an applicant is unable to appear personally before
the county clerk to apply for a marriage license or to participate
personally in the marriage ceremony.
A copy of the executed proxy marriage license or other acceptable legal
documents must be used for verification.
c.
Common-law
A common-law marriage cannot include a party who is age 17 or
younger. A common-law marriage is when a man and woman agree to
be married and after the agreement live together as husband and wife
and represent to others that they are married.
Acceptable documentation for establishing a common-law marriage
status is a Declaration and Registration of Informal Marriage. A
declaration of informal marriage must be executed on a form provided by
the Bureau of Vital Statistics of the Texas Department of State Health
Services and provided by the county clerk. In absence of a Declaration
and Registration of Informal Marriage, both the offender and the
common-law spouse may submit to the warden an Affidavit of Informal
Marriage form declaring the marriage. The offender may use an
unsworn affidavit under penalty of perjury (Texas Civil Practice and
Remedies Code 132.001 132.003. However, the common-law
spouse must provide an affidavit certified by the county clerk or notarized
by a Notary Public. Any other form of registration acceptable to the
Bureau of Vital Statistics is considered acceptable proof of marriage. A
copy of the documents must be placed in the offenders unit file.
3.
Significant Other
Special Relationship or Surrogate Parent
A person having a special relationship or surrogate parent with an offender may
be eligible for contact visits, if the relationship is verified and approved by the
warden or designee. A surrogate parent is generally defined as a person with
whom the offender resided as a minor for a significant amount of time. For
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example, foster parents, and the legal guardian of an offenders minor child, to
include the parent of the child, are eligible if the relationship to the offender is
verified by the warden or designee. The warden or designee will have the
authority to assess the relationship and determine if the proposed visitor qualifies
as a special relationship or surrogate parent.
4.
5.
E.
Offenders assigned to G1/J1/OT custody are allowed to have a contact visit with
any person on the offenders Visitors List.
2.
3.
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F.
VI.
Administrative Suspension
1.
2.
EXTENDED VISITS
Permission for extended visits of a maximum of four hours may be requested through the warden
or designee for visitors whose residence is 250 or more miles in distance, one-way, from the
offenders unit of assignment, as indicated by the Bing mileage guide found at
http://bing.com/maps/. The warden will make every effort to allow extended visits, if time and
space allow.
VII.
SPECIAL VISITS
A.
General Procedures
The warden or designee may permit special visits, contact or general, or authorize
special conditions for visits outside of the ordinary course of established visitation rules.
The warden may delegate authority to review and approve special visits to a designee
such as, duty warden, assistant warden, building major or the UCC. Visitors requesting a
special visit must submit the request in writing or via telephone or e-mail, for applicable
units, to the warden or designee. Offenders requesting a special visit must submit the
request in writing or via telephone or email, for applicable units, to the warden or
designee.
The warden or designee will review the request and notify the requestor of the denial or
approval of the special visit.
B.
C.
Spiritual Advisors
Permission for visits with spiritual advisors may be obtained from the warden. Spiritual
advisors must provide one of the following forms of identification in order to obtain
permission to visit as outlined in AD-07.30, Procedures for Religious Programming:
1.
2.
3.
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4.
D.
Prospective Employers
Permission for visits with prospective employers who are not listed on the offenders
Visitors List may be obtained from the warden. Prospective employers must provide ID in
order to obtain permission to visit. A standard picture ID is required, as previously
described, and proof that the individual represents a viable business, such as company
letterhead, business card or letter from the companys headquarters or human resources
department.
E.
TDCJ Units
Offenders who are placed on the critically ill list by a licensed physician, to
include offenders listed as non-ambulatory, are allowed to receive visitors in the
unit infirmary or medical department at the wardens discretion with the presiding
physicians medical consensus. The presiding physician will make the
determination regarding the offenders ability to receive visitors. The warden
may provide alternate means for visiting these offenders on a case-by-case
basis, such as scheduling a visit during the week by special arrangement.
2.
Free-World Hospitals
If the offender is in a free-world hospital, visitation usually does not take place.
However, in exceptional circumstances, family visitation may occur as
considered appropriate by the warden, chaplain, and free-world hospital
administration. Factors taken into consideration will include the seriousness of
the illness, as determined by the presiding physician, security needs, and the
hospitals physical structure or location.
3.
Hospital Galveston
Critically ill offenders are allowed visits seven days a week at Hospital Galveston.
The presiding physician determinates whether an offender is critically ill.
F.
Hospice Offenders
Offenders in the Hospice Program, or offenders diagnosed as terminally ill who receive
only palliative (comfort) care, are allowed to receive visits seven days a week between
the hours of 8:00 a.m. and 5:00 p.m., within the unit infirmary setting, subject to approval
of the warden and medical provider. All visits must be coordinated through the
Chaplaincy Department.
1.
Infirmary
a.
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2.
G.
b.
c.
d.
b.
Offenders receiving visits in the existing visiting area may visit with
anyone on the offenders Visitors List.
c.
Eligibility Criteria
Offenders must meet the following criteria in order to be approved for a visit with
another offender.
2.
a.
b.
Both offenders must have been in the TDCJ for a minimum of six months
and have demonstrated satisfactory institutional adjustment, such as no
major disciplinary cases for six months;
c.
d.
The offenders must not have had a non-legal visit with another offender
in the TDCJ within the last 12 months; and
e.
Approval Process
a.
b.
If both wardens approve the visit, the request must be submitted to the
SCC via e-mail for review. If approved, the SCC must schedule the visit
and notify the wardens involved. If the visit is denied, the SCC decision
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B.
IX.
Current and former employees may be included on an offenders Visitors List if the
following conditions exist:
1.
The relationship between the offender and the current or former employee or
between the current or former employees spouse and offender was established
prior to the offenders incarceration;
2.
3.
If a former employee does not meet all of the above three criteria, the former employee
will not be allowed to visit for 24 months after the employees date of separation from
employment with the Agency. After expiration of the 24-month time period, the former
employee may be reviewed for visitation privileges by the DRC. The offender must
submit an RO-1, Request for Placement on Visitors List and RO-2, Visitation Approval
Form-Current/Former TDCJ Employee to request that the former employee be added.
Documented security concerns the former employee delivered or attempted to deliver
contraband to the offender while still an employee or had an inappropriate relationship
with the offender while employed may cause disapproval of the request. If the former
employee is approved, the visitor may be added to the list immediately, even if the
offender is not eligible for a Visitors List change. If denied, the offender may appeal
through the Offender Grievance Procedures or the DRC.
Attorney Visits
Offender visits with attorneys must be governed by BP-03.81, Rules Governing Offender Access
to the Courts, Counsel, and Public Officials.
X.
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CHAPTER 3
UNIFORM OFFENDER CORRESPONDENCE RULES
I.
Permissible Correspondents
An offender may correspond with as many persons as he or she chooses, except as
restricted by this policy, BP-03.91, Uniform Offender Correspondence Rules.
B.
Restricted Correspondents
1.
Other Offenders
Offenders may not correspond with other offenders unless:
a.
b.
c.
d.
b.
c.
d.
Victims of the offender with whom the court prohibits contact during
confinement; and
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e.
3.
Victims
a.
C.
(2)
The victim was younger than 17 years of age at the time of the
offense; and
(3)
Written authorization for the contact was not obtained prior to the
initiation of the contact.
b.
c.
d.
How to Correspond
There is no restriction placed upon the length of incoming or outgoing correspondence.
All offender mail must be sent and received through duly authorized channels. Offenders
must not smuggle letters in or out of the institution.
1.
Authorized Channels
Offenders may only send First Class, Certified, Media Rate or Priority United
States mail through the offender mail system. Inter-agency truck mail may only
be used by offenders when communicating with TDCJ officials.
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2.
3.
Packages
All outgoing packages may not be sealed for mailing until inspected by TDCJ.
Packages must be free of contraband or material which constitutes a threat to
security or which cannot be lawfully sent through the mail. Inspection of this mail
will be done in the presence of the offender. Outgoing packages may be mailed
at media mail rate if the contents of the package meet the media mail rate
guidelines established by the U.S. Postal Service (USPS).These rules will not
apply to outgoing packages to special, legal, and media correspondents, which
will be governed by the rules relating to such correspondence.
Offenders are not allowed to receive packages containing stationery supplies.
Packages of publications may be sent to offenders by publishers or publication
suppliers, including bookstores. The TDCJ will accept delivery of packages from
public carriers only, such as USPS, UPS, FedEx, or DHL. Special provisions are
made for packages to be received from suppliers for craft shop operations. All
incoming packages are subject to inspection. Offenders will be notified when
unauthorized packages have been denied.
4.
5.
Stationery
Any type of stationery, whether bought at the commissary, purchased through
the eCommDirect program or authorized for issuance to indigent offenders may
be used for correspondence. Offenders must not use homemade envelopes to
correspond.
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6.
Indigent Postage
Postage and stationery for mail from indigent offenders may be secured through
the wardens designee. Postage and stationery will be made available at regular
intervals to indigent offenders, including those in administrative segregation.
Postage and stationery must furnished to an indigent offender for
correspondence to any special correspondent listed in these Rules and to any
attorney or legal aid society. An indigent offender may use indigent postage to
send five one-ounce domestic letters per month to general correspondents and
five items per week to legal or special correspondents. An offender may send
extra letters to general, legal, or special correspondents using indigent postage if
requested for a legitimate reason and approved by the warden.
Funds expended by TDCJ for postage and stationery for indigent offenders will
be recouped by the TDCJ from funds later deposited in the offenders ITF
account.
D.
Publications
An offender may receive publications in the mail only from the publisher or publication
supplier, including bookstores. Offenders ordering publications must forward payments
for subscription to individual publications with the order. Offenders must not receive
publications of any kind on a trial basis with payment postponed. Persons desiring to
give publications directly to individual offenders must have the publication mailed directly
to the offender only from the publisher or publications supplier, including bookstores.
Publications received by offenders may be in languages other than English.
II.
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A.
Permissible Correspondence
Offenders may send sealed and uninspected letters directly to special and media
correspondents. All incoming correspondence from any special or media correspondent
will be opened and inspected only for contraband, except under the special
circumstances noted in these Rules. The inspection will be in the offenders presence.
All incoming special correspondence envelopes will be prominently stamped as received
by TDCJ or cancelled so that postage-free government envelopes cannot be reused.
B.
Exceptions
In individual cases, where reasonable suspicion exists to believe the correspondence
rules or the law is being violated, incoming or outgoing special or media correspondence
may be opened and inspected for contraband and content after obtaining written
permission from the Correctional Institutions Division (CID) director or his designee.
III.
LEGAL CORRESPONDENCE
Legal Correspondence is any mail sent to or from a legal correspondent.
Legal Correspondent is any attorney licensed in the United States or a legal aid society,
which is an organization providing legal services, that contacts an offender in order to provide
legal services.
A.
Permissible Correspondence
In order to facilitate the attorney-client privilege, an offender may send sealed and
uninspected letters directly to legal correspondents. No correspondence from an
offender to any legal correspondent may be opened or read.
All incoming
correspondence from any legal correspondent may be opened and inspected for
contraband only. The inspection will be in the offenders presence. No correspondence
to an offender from any legal correspondent may be read.
B.
Exceptions
When an offender violates the law or the correspondence rules using legal
correspondence, the offender may have legal mail privileges suspended except to the
offenders attorney of record, upon obtaining written permission of the CID director or
designee. The attorney of record must submit a written statement naming them as the
attorney of record for the offender. The CID director must approve the restriction of legal
correspondence privileges.
IV.
2.
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B.
3.
4.
5.
6.
7.
Uses code and its contents are not understood by the person inspecting the
correspondence;
8.
Solicits gifts of goods or money under false pretenses or for payment to other
offenders;
9.
10.
11.
12.
13.
Contains records or documentation held by TDCJ which are not listed in the
attachment to the TDCJ Open Records Act Manual Chapter 3.
C.
D.
Notices
The offender and the sender or addressee will be provided a written statement of the
disapproval and a statement of the reason for the disapproval within three business days
after receiving the correspondence. The notice is given on Correspondence Denial
Forms. The offender is given a sufficiently detailed description of the rejected
correspondence to permit effective use of the appeal procedures. The offender, sender,
or addressee may appeal the mailroom staffs decision through the procedures outlined
in this policy. The offender or sender may submit a written argument as to why the item
should not be denied for the DRCs considerations.
E.
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F.
2.
a.
b.
c.
d.
e.
f.
Notice
If a publication is rejected, the offender and sender, be provided a written notice
of the disapproval and a statement of the reason for disapproval within three
business days of receipt of the publication or MSCP denial date on a Publication
Denial Form, along with the procedures to appeal. The offender is given a
sufficiently detailed description of the rejected publication to permit effective use
of the appeal procedures. The offender or sender may appeal the rejection of
the publication through procedures outlined in this policy. Publications approved
by MSCP are delivered to offenders within three business days.
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3.
G.
H.
Forwarding of Mail
Mail received is forwarded to an offender immediately in the event the offender has left
the unit and a forwarding address is available. Newspapers are forwarded by truck mail
for seven days and other subscriptions are forwarded by truck mail for 45 days after an
offender is transferred between TDCJ institutions, if truck mail is available between the
two institutions. Should an offender leave the unit of assignment for temporary medical
treatment, correspondence, newspapers, and magazines are held by the unit mailroom
until the offender returns.
I.
Mailrooms
All unit mailrooms will be open and provide mail service Monday through Friday, except
on holidays recognized by the USPS.
J.
Treatment Programs
The Substance Abuse Treatment Program, the Sex Offender Treatment Program, the
COURAGE Program for youthful offenders, and other treatment programs, as approved
by the Correctional Institutional Division Director and the Rehabilitation Programs
Division director and maintained by the MSCP, may have more restrictive content-based
requirements for general correspondence and publications, as long as those more
restrictive requirements are directed at the treatment goals and needs of the treatment
program or serve to keep the agency in compliance with established laws governing
access to certain types of publications by minors.
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V.
B.
1.
2.
Appeal Procedures
A written notice of appeal, including justification, will be sent to the DRC within
two weeks of the notification of rejection. Upon receipt of notification, the
correspondence or publication in question will be sent to the DRC.
2.
Final Decision
The DRC will render its decision within two weeks after receiving the appeal, and
will issue written notification of the decision to the parties involved within two
business days.
3.
Delegation
The DRC chairman may delegate decisions regarding correspondence and
publication denials to the MSCP, which will be governed by the guidelines
applicable to the DRC regarding appeals.
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Chapter 4
PUBLIC OFFICIALS
POLICY:
The Rules Governing Offender Access to Courts, Counsel and Public Officials were developed for the
purpose of assisting offenders in gaining access to the courts. These rules are intended to guide staff
and offenders in matters related to offenders legal work.
Every offender has the right of access to state and federal courts and to legal counsel and public officials
and agencies. Every foreign national offender has the right to communicate with an official from the
consulate of the offenders country. Offenders may present any issue, including challenges to the legality
of their confinement, redress for improper conditions of confinement, remedies for civil law problems,
claims against correctional officials and other governmental authorities, and any other right protected by
constitutional or statutory provisions, or by common law. Offenders may confer about legal matters
subject to regulation of time, place and manner necessary to maintain the security and order of the
institution. Officers, employees or agents of TDCJ must not interfere with, harass, punish or otherwise
penalize any offender as a result of participation in litigation, either as a party or a witness, or for filing or
threatening to file a lawsuit, grievance, appeal or other complaint about prison conditions or official
misconduct, or for discussing with others or writing in accordance with TDCJ rules and regulations to
others about actual or potential legal action or other forms of grievance and complaint. TDCJ rules and
regulations regarding offender legal mail are contained in the TDCJ Correspondence Rules and are not
addressed within this policy.
PROCEDURES:
I.
LAW LIBRARIES
A law library collection is maintained at every unit. If a specific legal research item is not available
at an offenders unit of assignment, the offender may submit a written request to the units access
to courts (ATC) supervisor stating the need for the item as well as justification for a legal
accommodation. The following legal materials are available in paper form or electronically.
A.
Federal Reporter 2d
b.
Federal Reporter 3d
c.
Federal Supplement
d.
Federal Supplement 2d
e.
f.
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g.
h.
Constitution (all)
(2)
(3)
(4)
i.
Vernons Texas Annotated Statutes and Codes: the Civil Practices &
Remedies Code, Family Code, Government Code, Code of Criminal
Procedure, and Penal Code
j.
Texas Digest
k.
Pamphlets:
(1)
(2)
(3)
(4)
(5)
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
Court-provided forms
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x.
y.
z.
aa.
bb.
cc.
dd.
ee.
ff.
3.
B.
Schedule
Each unit will have a posted schedule for law library attendance ensuring the
opportunity for 10 hours of access per week. The schedule will take into account
offenders work assignments and other programmatic activities offered at the
unit. The schedule assures that at least one law library period occurs on the
weekend.
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2.
3.
4.
Strip Searches
At times it may be necessary to strip-search offenders to ensure staff and
offender safety or detect the presence of contraband. However, an offender will
not be strip searched as a condition of entering or exiting the law library, unless
the search is conducted for a specific security purpose. Strip-searches are only
used when directed by specific unit post orders, unit departmental policy, or
when a supervisor believes reasonable cause exists to warrant such a search.
C.
2.
Offenders in any of the above categories are not afforded direct access
to the law library. They are allowed to request and receive up to three
items of legal research materials per day, delivered on three alternating
days per week, such as, M-W-F, from the units law library collection for
in-cell use.
b.
Legal Visits
Offenders may request a legal visit for the purpose of conferring with another
offender on legal matters by sending an I-60, Offender Request to an Official, to
the unit ATC Supervisor.
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II.
B.
General Procedures
Legal materials, including pleadings, transcripts, books, notes, drafts, and
correspondence to and from attorneys, courts and public officials, belonging to
an offender are confidential. They may not be read by staff as part of a search;
however, they may be physically inspected in accordance with AD-03.72,
Offender Property, to see that no physical contraband, such as weapons or
drugs, is secreted in them. During the course of any search, staff members must
not scatter, destroy or otherwise unduly disrupt the offenders legal material.
Consistent with AD-03.02, Impermissible Offender Conduct, no offender will be
allowed to participate in any manner in a search of another offenders legal
material.
2.
3.
Written Notice
If any written material is removed from an offenders legal material and
confiscated by a staff member during the course of a search, the offender will
receive written notice of the confiscation within 48 hours using the I-185, Notice
of Confiscation of Written or Printer Material During Search for Contraband,
Informing the offender of the property removed, the reason for the removal, and
the offenders right to file a grievance.
III.
Locations
Offenders may perform legal work in the units law library, in their cells, or in
other areas designated by the warden. Offenders may not perform legal work in
the dayroom, but may possess their legal documents in the dayroom while
awaiting departure from or upon return to the housing area.
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2.
Times
Offenders may perform legal work in their cells or in other areas designated by
the unit during their off-work periods. Offenders may perform legal work in the
law library in accordance with the units law library schedule.
B.
Assistance Permitted
Offenders are permitted to assist or advise each other on legal matters in
accordance with this policy and other TDCJ rules and regulations.
2.
3.
4.
Legal Visits
Offenders who wish to confer with each other regarding legal matters, but are
unable to do so without special arrangements, must submit an I-60, Offender
Request to an Official, to the unit ATC Supervisor. A desk or table and chairs are
provided when such legal visits are held. The reason for any denial of a request
to confer is provided in writing.
IV.
Documents
Under both federal law (28 U.S.C. 1746) and state law (Texas Civil Practice and
Remedies Code 132.001-132.003), offenders incarcerated in Texas may use an
unsworn declaration under penalty of perjury in place of a written declaration, verification,
certification, oath, or affidavit sworn before a notary public. Documents for which
notarization is requested by an attorney, documents specifically exempted from the laws
on unsworn declarations, and documents destined for another state or country requiring
notary public service will continue to require notary public service.
B.
Scheduling
Offenders may request notary public service by submitting an I-60, Offender Request to
an Official, to the unit ATC Supervisor. Offenders requesting notary public service must
explain why an unsworn declaration will not be legally sufficient. Requests are acted
upon, either denied or provided, within 72 hours of the receipt of the request.
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V.
ATTORNEY VISITATION
A.
Periods of Visitation
Except as limited by this policy, an offender may have a visit from an attorney or
designated representative on business days for any length of time between 8:00 a.m. and
5:00 p.m., including lunch and dinner hours. In cases where there is a compelling
circumstance, the warden or designee may permit the visit to extend past 5:00 p.m. On
Saturdays, Sundays, and state and national holidays, attorneys or designated
representatives may visit subject to the rules governing non-attorney visits. At the
wardens discretion, an attorney seeking to visit an offender on death row on a non
business day may be permitted to do so if the attorney offers a reasonable explanation,
without violating the attorney-client or work product privileges, why the visit must occur
before the first business day following the date of the requested visit.
B.
Notice
By 3:30 p.m. of the business day immediately preceding the date that an attorney or
designated representative wishes to visit an offender, the attorney must give the name
and profession of each visitor, the name of each offender to be visited, and an estimated
arrival time to the warden or designee of the offenders unit of assignment . The attorney
must also give the estimated time at which the attorney or designated representative
would like to visit each offender in the case of multiple offenders assigned to the same
unit. After the attorney or designated representative has arrived at the unit and provided
proper identification, the warden or designee must produce the offender for the visit
without unreasonable delay.
C.
Identification
This section does not apply to SCFO attorneys or employees of the Office of the Attorney
General
1.
Attorneys
Attorneys must satisfactorily identify themselves to the warden or designee and
complete and sign a copy of the I-163, Attorney Application to Visit TDCJ
Offender An attorney bar card and either a drivers license, identification (ID) card
issued by a governmental agency that includes a photograph, or United States
passport are satisfactory ID. Any other individuals accompanying an attorney
must have the attorney complete the I-166, Attorney Authorization for Approved
Representative to Visit TDCJ Offender, before the visit is considered and official
identification must be required.
2.
Designated Representatives
Once written authorization to serve as an attorneys designated representative
has been filed with and approved by the TDCJ, upon arrival at the unit and
before the visit, the representative must present satisfactory ID, either a driver
license, ID card issued by a governmental agency that includes a photograph, or
a United States passport, to the warden or designee and provide a copy of the I
166, Attorney Authorization for Approved Representative to Visit TDCJ Offender.
If the attorney has already provided the unit with the I-166 form, the
representative need not provide an additional copy.
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D.
E.
F.
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G.
Privacy
Unless requested to do otherwise by either the attorney or the offender, the
warden or designee will respect the privacy of the visit and maintain a sufficient
distance from the visiting offender and attorney or designated representative to
preserve the privacy of communications between them. This rule does not limit
the ability of the warden or designee to maintain visual surveillance during the
visit or to terminate the visit in case of a threat to security.
2.
3.
4.
Exchange of Items
The area used for the attorney-offender visit will have a pass-through slot
available for the attorney or designated representative and the offender to
directly and confidentially exchange documents. The exchange of voluminous
legal documents may require the assistance of staff.
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5.
6.
Removal of Items
An attorney may remove from the unit any document received from an offender.
An offender may remove from the visitation area any document received from an
attorney unless the item is deemed contraband.
7.
Writing Utensils
If writing utensils and paper are not available in the visiting area for use by
offenders, an attorney is permitted to transmit these items to the offender. After
completion of the visit, staff must return the writing utensils and unused paper to
the attorney, but the offender is permitted to choose whether to retain all paper
used during the visit or to give it to the attorney.
8.
Depositions
Due to the limited space and availability of locations within a correctional setting
in which depositions can be securely accommodated, attendees are limited to
attorneys, designated representatives, court reporters, videographers, and the
offender. Depositions may be non-contact if security consideration requires it and
the unit configuration permits it. Requests must be provided in writing at least
one week in advance of the schedule event and include a list detailing the
equipment that will be used and the name and title of each person expected to
attend. Should video equipment be used to conduct a deposition, the video
camera must remain in a fixed place and must be in operation only during the
deposition. Before, during, and after the deposition, a deposed offender must
adhere to the TDCJ clothing standards as outlined in the Offender Orientation
Handbook.
H.
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I.
J.
1.
2.
Notification that both the attorney and the offender have the right to appeal and
an explanation of the procedure for appeal. Attorney visitation rights must not be
suspended or restricted except as provided by this policy.
K.
Consular Officials
Consular officials, to include the Consul General, Vice Consul, and Honorary Consul, are
afforded the same rights and privileges as attorneys, except that consular officials may
be permitted to meet with groups of their foreign national offenders with the permission of
the appropriate regional director after consideration of security concerns. A consular
official requesting a visit must complete and fax a copy of the I-163C, Consular Official
Application to Visit TDCJ Offender, a legible copy of the United States Department of
State issued identification card, and their driver license to the offenders unit of
assignment no later than 3:30 p.m. on the business day before the requested visit. The
unit must verify United States Department of State issued credentials by contacting the
U.S. Department of State, Office of Protocol at 202-274-1217. Any other individuals
accompanying a consular official must be approved as a representative by the ATC
central office, which requires that a completed, signed I-164 form be filed. Upon being
approved as a representative, the consular is required to submit an I-166, Attorney
Authorization for Approved Representative to Visit TDCJ Offender, form to the visiting
unit. Upon arrival, official identification will be required.
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VI.
B.
General Guidelines
1.
Attorneys are not permitted to use an attorney and offender telephone call to
provide contact between the offender and any other person, other than the
attorneys designated representatives.
2.
Attorneys may not send faxes to, nor receive faxes from, offenders.
3.
Offenders may place telephone calls to their attorney of record using the
Offender Telephone System (OTS). If the attorney is registered as the attorney of
record with the OTS vendor, the call will not be recorded or monitored. OTS
telephone calls must be placed in accordance with this policy.
4.
All other requests for telephone contact must be made in writing by the offenders
attorney using the I-162, Attorney/Offender Telephone Call Application, and the
attorney must provide the unit with at least 24 hours notice, unless the need is
preempted by a legal emergency.
5.
6.
7.
A specific time may be arranged for the telephone call either on the same day as
the request or on a day that is convenient for all parties.
8.
The rules regarding attorney and offender Telephone calls do not apply to SCFO
or OAG attorneys.
9.
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2.
b.
The attorneys full name, address, bar card number, telephone number,
and fax number;
c.
d.
e.
The general reason, such as impending court deadline the call could not
be precluded by a personal visit or correspondence;
f.
g.
A date and time for the return telephone call convenient to the TDCJ unit
and the attorney; and
h.
3.
The warden or designee receiving the request must verify the attorneys identity
by requesting a faxed copy of the attorneys bar card and drivers license. Upon
verification of the attorneys identity, the State Bar Association must be contacted
by telephoning (800) 204-2222 or checking the Texas State Bar Association
internet database at http://www.texasbar.com to ensure the attorney is in good
standing and to verify that the telephone number that will be called is that of the
requesting attorney. The Texas State Bar website should note that the attorney is
Eligible to Practice in Texas. If an attorney is not licensed in Texas, the other
state bar information site should indicate current eligibility to practice. When
questions arise, inquiries should be coordinated with the ATC manager.
4.
Approvals for attorney and offender telephone calls must be made by the warden
or a designee, who must be an employee with rank of major or higher.
5.
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VII.
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