37 Tex. Admin. Code § 163.35 - Supervision
(a) Definitions. The following words and
terms, when used in this section, shall be defined as follows and apply to both
felonies and misdemeanors, unless the context clearly indicates otherwise.
(1) "Absconder" refers to a person who is
known to have left the jurisdiction without authorization or who has not had
face-to-face contact with their community supervision officer (CSO) within
three months, and either:
(A) has an active
Motion to Revoke (MTR) or Motion to Adjudicate filed and an unserved capias for
his or her arrest; or
(B) has been
arrested on an MTR or Motion to Adjudicate, released from custody on bond, own
recognizance, or conditional judicial agreement, but failed to appear for the
MTR or the Motion to Adjudicate hearing and a bond forfeiture warrant has been
issued by the court.
(2)
"Case" refers to an offender assigned to a CSO for supervision.
(3) "Face-to-face Contact" is an in-person
communication between a CSO and offender.
(4) "Field Visit" is an in-person
communication between a CSO and offender at the offender's place of residence
or at another location outside the CSCD office.
(b) Types of Offender Supervision.
Supervision may be direct or indirect according to the following guidelines.
(1) Direct supervision begins at the time of
initial face-to-face contact with an eligible CSO and consists of the oversight
of an offender who:
(A) is legally on
community supervision;
(B) as of
the last day of the month, works or resides in the jurisdiction in which they
are being supervised; and
(C)
meets one of the following:
(i) except as
provided by paragraph (2), receives a minimum of one face-to-face contact with
a CSO every three months; or
(ii)
lives or works in adjoining jurisdictions if the community supervision and
corrections department (CSCD) has documented approval from the adjoining
jurisdictions.
(2) For state funding purposes:
(A) cases assessed as moderate, moderate-low,
or low may substitute videoconferencing, teleconferencing, and kiosk-reporting
in lieu of a face-to-face contact. Cases assessed as high will still be
required to have a face-to-face contact once every three months; and
(B) notwithstanding any other provision in
this subsection, probationers housed in a Substance Abuse Felony Punishment
Facility, state intermediate sanction facility, or jail facility may be
considered as being under direct supervision while housed at these locations
without a face-to-face contact by a CSO, provided collateral contacts are made
per the CSCD's written policy to confirm probationers' status at these
facilities.
(3)
Indirect Supervision refers to an offender who meets at least one of the
following criteria:
(A) an offender who
neither resides nor works within the jurisdiction of the CSCD and who is
supervised in another jurisdiction;
(B) an offender who neither resides nor works
within the jurisdiction but continues to submit written reports on a monthly
basis because the offender is ineligible or unacceptable for supervision in
another jurisdiction;
(C) an
offender who has absconded or who has not had face-to-face contact with the CSO
within three months;
(D) an
offender who resides or works in the jurisdiction, but who, while in compliance
with the orders of the court, does not meet the criteria for direct
supervision; or
(E) an offender
who resides and works outside the jurisdiction but reports in person and who
does not fall under paragraph (1) of this subsection.
(c) System of Offender
Supervision. Each CSCD director shall develop a system of offender supervision
that is based upon:
(1) the jurisdiction's
profile of revoked offenders;
(2)
the jurisdiction's profile of offenders under direct community
supervision;
(3) each individual
offender's identified risks and needs;
(4) availability of sanctions, programs,
services, and community resources;
(5) applicable law and Texas Department of
Criminal Justice Community Justice Assistance Division (TDCJ CJAD) policies and
procedures;
(6) policies governing
a CSO transporting offenders which ensure that CSOs do not transport an
offender held in a county jail pursuant to an arrest warrant. All other
transportation of an offender shall be in accordance with the CSCD's policies
or a court order; and
(7) policies
of the local judiciary.
(d) Supervision Process. Each CSO shall
provide direct supervision for cases to include the following:
(1) an orientation and intake session with
each offender after the court has placed the offender under supervision which
shall include a thorough discussion of the conditions of community supervision
and terms of release. The CSO shall ensure that the offender has received a
copy of the conditions of community supervision or terms of release ordered by
the court as provided by law;
(2)
an assessment that gathers relevant and valid information for every offender.
This process shall specifically address the offender's criminogenic needs. The
CSO shall request specialized assessments for offenders when criminogenic needs
indicate such an assessment is necessary. Within 90 days of placement on
community supervision, acceptance of a transfer case, or discharge from any
residential facility, jail, or institution, the CSO, Qualified Credentialed
Counselor (QCC), or assessor who has successfully completed the Texas Risk
Assessment training shall determine a level of supervision for each offender
based on the offender's criminogenic needs.
(3) a written individualized case supervision
or treatment plan provided within 90 days of the most recent community
supervision placement. The plan should be based upon the offender's
criminogenic needs to address specific problem areas and assist the offender in
achieving responsible behavior;
(4)
re-evaluation of criminogenic needs, factors, and supervision plans performed
at least once every 12 months for all direct supervision cases by the CSO, QCC,
or assessor. An approved TDCJ CJAD reassessment shall be completed any time a
significant change occurs in the status of the offender. Any necessary
modification of the supervision plan shall be indicated in writing in the case
file;
(5) face-to-face, field
visit, telephone, and collateral contacts with the offender, family, community
resources, or other persons pursuant to and consistent with the offender's
supervision plan and the level of supervision on which the offender is being
supervised by the CSO. Each CSCD director shall establish supervision contact
and casework standards at a level appropriate for that jurisdiction. An
offender at an increased level of supervision because of assessments of greater
risk or special needs shall receive a higher level of contacts than an offender
at a lower level of supervision. The nature and extent of supervision contacts
with an offender shall be specified in the CSCD's written policies and
procedures;
(6) maintenance of a
problem oriented record keeping system by the CSO which documents all
significant actions, decisions, services rendered, and periodic evaluations in
the offender's case file, including the offender's status regarding the level
of supervision, compliance with the conditions of community supervision,
progress with the supervision plan, and responses to intervention;
(7) adherence to written policies and
procedures established by each CSCD director that identify when CSOs shall make
recommendations to the courts regarding violations of the conditions of
community supervision, and when violations may be handled administratively. The
availability of incentives and progressive interventions and sanctions as
alternatives to incarceration shall be considered by the CSO and recommended to
the court in eligible cases as determined appropriate by the jurisdiction;
and
(8) adherence to standards
established by the CSCD director to ensure public safety during intrastate
transfers by recognizing the need of the sending and receiving jurisdictions to
continue control and supervision over these offenders, which include the
following provisions;
(A) Except in cases of
non-CSCD residential facility placements, supervision shall be transferred if a
direct supervision offender will be in another jurisdiction for more than 30
days, except when the designated representatives of the two CSCDs agree there
is good cause for the original jurisdiction to maintain supervision. Only the
court retaining jurisdiction over an offender has the authority to modify or
alter a condition of community supervision. Each CSCD director shall ensure
that a CSO providing direct supervision to an offender transferred from another
Texas jurisdiction fully enforces the order of the court that placed the
offender on community supervision. It is the responsibility of the offender to
comply with the conditions of community supervision imposed by the court. Each
CSCD director shall ensure that a CSO provides the same level of supervision to
transferred cases as they do for the offenders in their jurisdiction. The
documents necessary for transfer include the transfer form, the court order
placing the offender on community supervision citing all conditions of
community supervision, the offense report, written individualized case
supervision or treatment plan, state identification (SID) or personal
identifier (PID) number within 90 days of transfer to the receiving
jurisdiction, the pre- and post-sentence investigation report as required, and
any completed assessments. A CSCD director who declines or ceases to provide
transferred supervision to an offender from another jurisdiction shall
immediately notify the original jurisdiction in writing of the reasons for
declining supervision. A CSCD that ceases to provide transferred supervision to
an offender from another jurisdiction for violations other than absconding
shall consult with the original jurisdiction before closing supervision. The
CSCD shall then notify the original jurisdiction, in writing, of the reason for
closing supervision.
(B) The court
retaining jurisdiction over an offender also may order the offender to report
to the original jurisdiction or the jurisdiction where the offender resides or
works.
Notes
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