ORDER N0. '1059
AF'F'RDVRL OF A PRISONER CUSTODY AGREEMENT BETWEEN
KERR COUNTY AND THE TEXAS DEPARTMENT OF r_RIMINAL
JUSTICE, F'RRDONS RND PAROLES DIVISION AND
AUTHORIZATION FOR THE COUNTY JUDGE TO SIGN AGREEMENT
On this the 4th day of Rugust 199, came on to be considered
by the Court a F'r^isoner Custody Agreement between the County
of N.er•r^ and the Texas Department of Criminal Justice, F'ar-dons
and F'ar-oles Division, which would allow the Depar^tment to
assume physical custody, care and control of cer^tain Plue
War^r^ant Prisoners with constructive custody maintained by the
County.
Upan motion made by Commissioner- Holekamo, seconded by
Commissioner^ Oehler^, the Court voted by a majority vote of
3-0-1 with Co~~issioner Morgan abstaining to approve the
agreement and author^ize the County Judge to sign said
contract.
COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS R nuFSr and
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: county Judge
MEETING DATE: a/za/9z
OFFICE:
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consideration and approval of a prison custody agreement with the Texas Department
of Criminal Justice for housing county inmates in an intermediate saction ac ty an
authorization for the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: YES NO ~,_
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 1s as follows:
* Meetings held on Monday: 12:00 P.M. previous Wednesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON
All Agenda Requests will be screened by the County Judge's Office to determine 1i
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
PARDONS AND PAROLES DIVISION
P
8610
August 7, 1992
Bill Stacy
Kerr County
700 Main Street
Kerrville, TX 78028
RE: Prisoner Custody Agreement FY 93
Dear Sir:
7tl711 tS1Z)45Y-G/VV
The Texas Department of Criminal Justice, Pardons and Paroles
Division ("TDCJ PPD") appreciates your interest in housing the
county inmates in an intermediate sanction facility. Enclosed
is a prison custody agreement for fiscal year 1993 which
authorises the transfer of inmates from your county jail to the
intermediate sanction facility. Upon execution of the
agreement, please send the original to the following:
Harry C. Green
General Counsel
Texas Department of Criminal Justice
Pardons and Paroles Division
P.O. Box 13901, Capitol Station
Austin, Texas 78711
After the agreement is executed by the division director, a copy
will be returned to your office for filing and TDCJ PPD will
indicate the location of the facility for which your inmates
will be transferred and the number of inmates that may be
transferred to the facility. if you have any questions, please
contact my office at (512) 406-5603.
Harry Green
General Counsel
Bob Owens, Division Director
cc: parolivo\sanction.ltr
enclosure
Texas Department of Giminal Justice
Pardons and Paroles Division
t~,S
PRISONER CUSTODY AGREEMENT
This Prisoner Custody Agreement ("AGREEMENT") is entered into
as of August 24, 1992 by and between the Commissioners Court of
County ("COUNTY") and the Texas Department of
Criminal Justice, Par ons and Paroles Division.
ItECITAi~S
WHEREAS, the Texas Department of Criminal Justice, Pardons and
Paroles Division ("TDCJ-PPD") has an agreement with a private organ-
ization to operate an intermediate sanction 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 khe 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, TDCJ-PPD 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, TDCJ-PPD shall bear all expenses
associated with such physical custody, care and control of these
Blue Warrant Prisoners transferred to a FACILITY.
2. ELIGIBILITY REQUIREMENTS. Prisoners eligible for transfer
to the FACILITY shall a limite to technical parole violators in-
carcerated by COUNTY who are under the jurisdiction 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 hospitalization, and (c) have had a speci-
fied time of confinement authorized by TDCJ-PPD as a condition of
the continuance of their parole. Such persons are referred to here-
in as "BLUE WARRANT PRISONERS". TDCJ-PPD or its designee shall be
authorized to refuse to accept for incarceration, or after incarcer-
ation 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, MAYZMUM PRISONERS. COUNTY may initially transfer BLUE
WARRANT PRISONERS or incarceration at the FACILITY, beginning on
the date specified by notice 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 two (2) days notice to COUNTY.
4. JAIL STANDARDS. The FACILITY shall b
tained in accor ance wwith minimum jail standards
on Jail Standards ("COMMISSION"), including such
Standards as may be approved by the COMMISSION.
at any time, determines that the FACILITY does
dards, either party may terminate this AGREEMENT
which time all BLUE WARRANT PRISONERS shall
physical custody of COUNTY.
operated and main-
of Texas Commission
variances from Jail
If the COMMISSION,
not meet Jail Stan-
without penalty, at
be returned to the
5. TRANSPORTATION. The COUNTY shall provide transportation
from the county fail to the TRANSPORTATION SITE as designated by
TDCJ-PPD. Upon COUNTY's request, the TDCJ-PPD's designee shall
provide, at the TDCJ-PPD's or its designee's expense, transportation
of all eligible BLUE WARRANT PRISONERS from a transportation site to
the FACILITY and back to the TRANSPORTATION SITE.
6. RELEASE OF PRISONERS. BLUE WARRANT PRISONERS who are to
be release rom the FACILITY will be returned to the physical cus-
tody 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 first
above written and shall continue until August 31, 1993, at which
time 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 BLGE 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:
and if to TDCJ-PPD to:
Bob Owens, Division Director
Texas Department of Criminal Justice
Pardons and Paroles Division
P.O. Box 13401, Capitol Station
Austin, Texas 78711
PRLSONER CUSTODY AGREEMENT
PAGE 3
9. ASSIGNMENT OF OBLIGATIONS. COUNTY acknowledges that it is
aware that the TDCJ-PPD has contracted with the private organization
to provide for the care, physical custody and control of prisoners
at the FACILITY, and hereby consents to TDCJ-PPD's assignment to the
private organization of all of its obligations hereunder with
respect to the physical custody, care and. control of COUNTY BLUE
WARRANT PRISONERS.
10. TERMINATION AND RETIIRN OF PRISONERS. In the event that
(a) TDCJ-PPD's contract with the private organization 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 FLUE WP.RRANT 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.
TEXAS DEPARTMENT OF
CRIMINAL JUSTICE
PARDONS AND PAROLES
DIVISION
BY
BOB OWENS
DIVISION DIRECTOR
COMMISSIONERS COURT OF
KERR COUNTY
BY ~~/%~~~Cl/~tif
FULL SIGrNA RE NAME
iP. G. STAGY, County Judge
PRINTED OR TYPED NAME
County JudcTe
TITLE
PRINTED OR TYPED MAILING ADDRESS:
700 Nain Street
STREET '
kerrville. Tx 78028
CITY/STATE/ZIP CODE
AREA CODE AND TELEPHONE NUMBER
OI~~ ~' 21059
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