Texas Register, Volume 6, Number 85, Pages 4199-4238, November 13, 1981 Page: 4,214
4199-4238 p. ; 28 cm.View a full description of this periodical.
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4214
forcing the rule as proposed will be reduction of the potential
for civil action cases, thus alleviating fiscal liability by coun-
ty officials.
(B) There will be no economic cost to individuals who
are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Robert 0.
Viterna, executive direct,-, 411 West 13th Street, P.O. Box
12985, Austin, Texas 78711.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's
authority to adopt.
Robert O. Vitema
November 2, 1981
The amendments are proposed under Texas Civil Statutes,
Title 18-Jails, Article 5115.1, which provides the Commis-
sion on Jail Standards with the authority to promulgate rules
affecting county jails.
291.1 (217.22.00.001). Plan. Each detention facility shall
have and implement a written play, approved by the commis-
sion, governing the availability and manner of use of inmate
privileges in the following areas.
(1) Telephone privileges. In addition to the
telephone access required by 265.9 (217.09.00.009) of
this title (relating to Telephone Use), each detention
facility should provide for reasonable usage between an
inmate and his or her attorney. The plan should provide
for reasonable usage, both local and long distance, to
allow for contact with family and friends. This may be on
a prepaid or collect basis. The plan should also contain
procedures for the handling of emergency calls.
(2) Correspondence privileges. The plan shall pro-
vide for the handling of privileged and general corres-
pondence, both outgoing and incoming, and shall provide
for the collection and distribution of mail.
(A) General.
(i) Inmates will be permitted to send as many
letters of as many pages as they desire, to whomever they
desire.
(ii) Inmates may receive mail in any quantity,
amount, and number of pages.
(iii) Inmates will be allowed to retain writing
materials and stamps in reasonable amounts.
(iv) Indigents shall be furnished paper, pen-
cils, envelopes, and stamps, if requested.
(v) Inflammatory writings and hard core por-
nography may be rejected, provided it is a violation of the
jail privileges plan. For purposes of this plan, such cor-
respondence is defined as:
(1) containing information regarding the
manufacture of explosives, weapons, or drugs;
(II) containing material that a reasonable
person would construe as written solely for the purpose of
communicating information designed to achieve the
break down of prisons through inmate disruption such as
strikes or riots;
(111) a specific factual determination has
been made that the publication is detrimental to
prisoners' rehabilitation because it would encourage
deviate criminal sexual behavior.
- (B) Outgoing privileged mail. Mail addressed
to the following persons or organizations shall not be
opened or.interfered with:(i) officials of the federal, state, and local
courts;
(ii) all federal officials and officers, includ-
ing the President of the United States;
(iii) state officials and officers, including the
governor;
(iv) letters to bona fide news media;
(v) the inmate's attorney(s).
(C) Incoming privileged mail. Mail from corres-
pondents identified above may be opened only in the pres-
ence of the inmate with inspection limited to locating con-
traband. Whenever jail officials have probable cause to
suspect that the incoming letter is part of an attempt to
formulate, devise, or otherwise effectuate a plan to escape
from the jail, or to violate state or federal laws, officials
shall obtain a search warrant prior to opening and read-
ing the mail of the individual involved.
(D) Outgoing nonprivileged mail. All outgoing
correspondence to the general public may be opened and
read.
(E) Incoming nonprivileged mail. All incoming
correspondence from the general public may be opened
and read. If contraband, usually currency, is discovered
in the envolope, it shall be confiscated and the inmate ad-
vised of the action.
(3) Commissary privileges.
(A) The plan should provide for a schedule ad-
vising:
(i) when services are available,
(ii) procedures for obtaining items,
(iii) items available, and
(iv) current price list of items.
(B) Procedures also should restrict the amount
of items that may be retained in the inmate living area
(i.e., foodstuffs that could create a vermin, fire, or security
hazard or surpluses that could be used in gambling, etc.).
(4) Visitation privileges. The plan shall provide
for reasonable visitation from authorized persons.
Pretrial detainees should be permitted more generous
visitation privileges than convicted prisoners. It should
provide for the selection of visitors, which may include
minors; condition of visiting-to include times, frequency,
and number of visits; and define procedures where con-
tact visitation is permitted. The plan should contain a
procedure to allow for emergency visitation. Emergency
visitation should be approved by the sheriff or his desig-
nated representatives.
(5) Religious service privileges. The plan shall pro-
vide for access to religious services normally available
within the community through visitation and volunteer
programs and shall allow access to religious services con-
sistent with individual faith. The plan shall provide for
access to religious leaders in addition to normal visita-
tion procedures and shall allow a prisoner to communi-
cate with a minister of his or her choosing consistent with
security restrictions.
Issued in Austin, Texas, on November 2, 1981.
Doc. No. 817969 Andy J. McMullen
Chairman
Commission on Jail
Standards
Effective Date: December 14, 1981
Proposal Publication Date: (512) 475-2716
For further information, please callVolume 6, Number 85, November 13, 1981
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Texas. Secretary of State. Texas Register, Volume 6, Number 85, Pages 4199-4238, November 13, 1981, periodical, November 13, 1981; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244440/m1/16/: accessed May 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.