ORDER N0. 19780
APPROVAL OF A PRISONER CUSTODY AGREEMENT BETWEEN
KERR COUNTY AND THE TEKAS DEPARTMENT OF CRIMINAL
JUSTICE, PARDONS AND PAROLES DIVISION AND
AUTHORIZATION FOR THE COUNTY JUDGE TO SIGN AGREEMENT
On this the 30th day of August 1990, came on to be considered
by the Court a Prisoner Custody Agreement between the County
of Kerr and the Texas Department of Criminal Justice, Pardons
and Paroles Division, which would allow the Department to
assume physical custody, care and control of certain Blue
Warrant Prisoners with constructive custody maintained by the
County.
Upon motion made by Commissioner Holekamp, seconded by
Commissioner Ray, the Court unanimously approved the
agreement and authorized the County Judge to sign said
agreement on behalf of Kerr County.
PRISONER CUSTODY
This Prisoner Custody Agreement (this "Agreement") is
entered into as of ~-c2.3 , 19 >D by and between
the Commissioners Court of c!2/c.~ County ("County")
and the Texas Department of Crimina-` 1 Justice, Pardons and
Paroles Division.
R E C I T A L S
WHEREAS, the Texas Department of Criminal Justice, Pardons
and Paroles Division ("TDCJ PPD") has an agreement with
Wackenhutt Services, Inc. ("Wackenhutt") to operate the Central
Texas Parole Violator Facility ("Facility") as a correctional
center for certain persons described herein who are under the
jurisdiction of TDCJ PPD and in the custody of County
authorities, and who have violated the terms and/or conditions
of their parole;
WHEREAS, TDCJ PPD and the County desire to enter into this
Agreement to which the State of Texas will assume responsibility
for the physical custody and care of certain prisoners
previously incarcerated by County pursuant to the County's
authority to detain prisoners in a detention facility operated
by a private organization under Local Government Code Section
351.101;
1. Assumption of Custody. In accordance with and subject
to the terms of this Agreement, Texas Department of Criminal
Justice, Pardons and Paroles Division shall assume physical
custody, care and control of certain Blue Warrant Prisoners (as
hereinafter defined) with constructive custody maintained by the
County. Except as otherwise set forth herein, the Texas
Department of Criminal Justice, Pardons and Paroles Division
shall bear all expenses associated with such physical custody,
care and control of Blue Warrant Prisoners.
2. Eligibility Requirements. Prisoners eligible for
transfer to the Facility shall be limited to technical parole
violators incarcerated by County who are under the jurisdictions
of TDCJ PPD by virtue of having had issued against them a Blue
Warrant, which shall remain in effect, and who (a) have violated
their parole, (b) are in reasonably good health, with no current
and/or existing medical problem that could cause hospitaliza-
tion, and (c) have had a specified time of confinement
authorized by TDCJ PPD as a condition of the continuance of
their parole. Such persons are referred to herein as "Blue
Warrant Prisoners". TDCJ PPD or its designee shall be
authorized to refuse to accept for incarceration, or after
incarceration shall be authorized to return to the physical
custody of the County at County's expense, any prisoner who does
not meet the eligibility requirements for incarceration at the
Facility as set forth in this paragraph 2.
PRISONER CUSTODY AGREEMENT
Page 2
3. Maximum Prisoners. County may initially transfer
prisoners for incarceration at the Facility, beginning on the
date specified by notice of which shall be given by the TDCJ PPD
to County at least seven (7) days in advance with the maximum
number of prisoners to be designated by TDCJ PPD subject to
increase or decrease upon ten (10) days notice to the County.
4. Jail Standards. The Facility shall be operated and
maintaine in accordance with minimum jail standards of Texas
Commission on Jail Standards (the "Commission"), including such
variances from Jail Standards as may be approved by the
Commission. If the Commission, at any time, determines that the
Facility does not meet Jail Standards, either party may
terminate this Agreement without penalty, at which time all Blue
Warrant Prisoners shall be returned to the physical custody of
County.
5. Transportation. Upon County's request, the TDCJ PPD's
designee shall provide, at the TDCJ PPD's or it's designee's
expense, transportation of all eligible Blue Warrant Prisoners
from a transportation site ("Transportation Site")for the
County, to be designated by the TDCJ PPD, to the Facility and
back to the Transportation Site.
6. Release of Prisoners. Blue Warrant Prisoners who are to
be released from the Facility will be returned to the physical
custody of the County at the Transportation Site for release or
transfer to the Institutional Division of the Texas Department
of Criminal Justice by the County that incarcerated the
prisoner.
7. Term. This Agreement is effective as of the date the
first above written and shall continue until August 31, 1991, at
which it may be extended for additional one year periods upon
the mutual agreement of TDCJ PPD and County. Either party may
cancel this Agreement upon seven (7) days written notice to the
other party, at which time TDCJ PPD will return to the physical
custody of the County each of its Blue Warrant Prisoners.
8. Notice. All notices required to be given hereunder
shall be effective upon receipt by the party to which notice is
given. Notice shall be given, if to County, to:
Sergeant Hierholzer
Kerr County Sheriff's Department
700 Main
Kerrville, Texas 78028
PRISONER CUSTODY AGREEMENT
Page 3
and if to TDCJ PPD to:
Bob Owens, Division Director
Texas Department of Criminal Justice,
Pardons and Paroles Division
P.O. Box 13901, Capitol Station
Austin, Texas 78701
9. Assignment of Obligations to Wackenhut. County acknow-
ledges that it is aware that the TDCJ PPD has contracted with
Wackenhut to provide for the care, physical custody and control
of prisoners at the Facility, and hereby consents to TDCJ PPD's
assignment to Wackenhut of all of its obligations hereunder with
respect to the physical custody, care and control of County Blue
Warrant Prisoners.
10. Termination and Return of Prisoners. In the event that
(a) TDCJ PPD's contract with Wackenhut for the care and physical
custody of prisoners at the Facility is terminated for any
reason, or (b) TDCJ PPD is for any reason prevented from using
the Facility to house Blue Warrant Prisoners, then this
Agreement shall terminate immediately and TDCJ PPD or its
designee shall return the Blue Warrant Prisoners to the physical
custody of the County at the Transportation Site, and County
shall accept into its custody any Blue Warrant Prisoners
incarcerated at the Facility who were previously incarcerated by
County.
Executed as of the date first above written.
COMMISSIONERS C T OF
2. OUNTY
BY _ ~>~~~
ITS County Judge
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, PARDONS AND PAROLES
DIVISION
BY
ITS