lock down

PROCEDURES: The appropriate regional director or designee, PFCMOD deputy director, or warden shall ensure adherence to lockdown procedures. Regional directors shall provide all required reports, notifications, and approval requests to the CID deputy director for Prison and Jail Operations. Each unit shall adhere to the TDCJ Lockdown Schedule-Notice to Offenders (Attachment A) and develop a unit lockdown schedule. See example, Attachment B. The regional director or PFCMOD deputy director shall approve the unit lockdown schedules and maintain a file for each unit in the region or division. I. Types of Lockdowns The TDCJ recognizes two types of lockdowns: preemptive and incident-related. A. Preemptive lockdowns are used in situations where lockdowns may be appropriate to ensure security, safety, and order of the unit. These situations include an increase in violence within the unit, high rates of contraband, escalation of offender tension and agitation, or anticipation of a significant increase in violence or disorder. B. Incident-related lockdowns are initiated in response to a serious incident such as a homicide, staff assault, or extensive throwing of food, personal property, or other objects at staff that results in a major disruption or a disruptive pattern in progress. The TDCJ Lockdown Schedule-Notice to Offenders shall be provided to each offender on lockdown status within 24 hours of initiating the lockdown. II. Length and Phases of Unit Lockdowns A. Length Privileges and activities may be restricted for the amount of time, and to the extent necessary, to restore security and order and to protect the safety of staff and offenders. Some unit activities may continue at the discretion of the warden or designee. B. Phases (Lockdown Week) 1. Lockdowns shall be administered in a progressive manner with privileges returning to offenders on a weekly basis as behavior improves. Each phase of the lockdown lasts seven days. The weeks of a lockdown are Week One, Week Two, Week Three, and Week Four. 2. In order to continue restrictions longer than one week or to return to a more restrictive week, as outlined in the TDCJ Lockdown Schedule- AD-03.31 (rev. 8) Page 3 of 13 Notice to Offenders, unit administration must provide written justification to the appropriate regional director or PFCMOD deputy director on the daily update. In order to accelerate the progression of the lockdown due to improvement of circumstances that required the lockdown, for instance, if the ringleaders of the disturbance were transferred and tension levels have returned to a normal state, unit administration must provide written justification to the appropriate regional director or PFCMOD deputy director on the daily update. III. Mandatory Provisions A. Confinement Offenders shall be confined to cells, dormitories, or bunk areas. B. Education School or other related activities shall be suspended. C. Commissary and Correspondence Supplies 1. Commissary a. Commissary activities shall be suspended during Week One. b. Offenders shall be allowed one spend to purchase one of each hygiene item and no more than $10 worth of correspondence supplies for a total equaling no more than $20 during Week Two and Week Three. c. One day of regular commissary purchase privileges, in accordance with offender custody designations, shall be granted during Week Four. 2. Correspondence Supplies a. Indigent offenders, including those with inactive identification cards and those 60 days or less indigent, shall continue to request and receive supplies in accordance with AD-14.09, “Postage and Correspondence Supplies.” b. Non-indigent offenders, which are those offenders with active commissary accounts, on Week One lockdown status for more than seven consecutive days shall be allowed correspondence supplies AD-03.31 (rev. 8) Page 4 of 13 4 through the indigent correspondence program, in accordance with AD-14.09. D. Delivery of Legal Material Legal material shall be delivered to the affected housing area, unless delivery presents a threat to the safety of staff. When legal material cannot safely be provided in the housing area, special law library and legal material privileges shall only be granted when the offender has an imminent hearing or an urgent court deadline. If the warden or designee decides to suspend legal mail delivery, the suspension shall be documented on the I-216, Daily Activity Log. E. Recreation Upon arrival at a unit on lockdown, offenders shall be provided in-cell recreation information in accordance with AD-07.33, “Organization, Administration, and Responsibilities of the TDCJ Offender Recreation Program.” Offenders may be issued another copy upon written request. F. Collection and Distribution of Mail and Grievances 1. Mail Correspondence activities shall continue during a unit lockdown. If the collection and distribution of correspondence present a threat to the safety of staff, such activities may be temporarily interrupted and the circumstances that caused the decision shall be documented on the I-216, Daily Activity Log. In some cases, an offender may be allowed to leave the cell or dormitory to receive mail. The delivery of legal, special, or media mail shall not be suspended, unless delivery presents a threat to the safety of staff. 2. Grievances The collection and distribution of offender grievances shall continue during a lockdown, unless such activities present a threat to the safety of staff. Regardless of the degree of restriction imposed by the lockdown, provisions shall be established for reasonable access to the grievance procedure in accordance with BP-03.77, “Offender Grievances.” G. Health Services Operations Health care shall be provided in accordance with Correctional Managed Health Care policies. AD-03.31 (rev. 8) Page 5 of 13 IV. Warden’s Discretionary Provisions A. Work activities may be suspended at the warden’s discretion. B. Personal property may be restricted on a case-by-case basis as outlined in AD[1]03.72, “Offender Property,” or by sanctions imposed through the Disciplinary Rules and Procedures for Offenders. C. Visitation privileges may be suspended during Weeks One and Two but shall resume during Week Three. V. Offender Management A. Housing 1. If circumstances dictate during a lockdown, the warden may designate an area of the unit, such as cells, rows, wings, or other similar areas, to house offenders, excluding security detention and protective safekeeping offenders, placed on lockdown with the approval of the regional director or PFCMOD deputy director and in coordination with the Classification and Records Office. Each offender’s custody designation shall be reviewed prior to release from lockdown status and return to general population, to ensure the offender is appropriately housed. Lockdown status is a temporary assignment similar to transient status. In such a status, offenders are housed in the same designated area in order to maximize the safety and security of offenders and staff, providing better management for the required documentation. Offenders of different custody designations shall not be housed in the same cell. 2. If suspension of random cell assignment is necessary at any time during a lockdown due to racially motivated situations, the suspension shall be in accordance with SM-01.28, “Assignment to General Population Two[1]Person Cells.” 3. Offenders who exhibit assaultive behavior may be placed in security detention, prehearing detention, or management status in accordance with the TDCJ Restrictive Housing Plan and AD-03.80, “Implementation of Offender Management Status.” B. Adding Offenders to the Lockdown Offenders transferred to a unit during a lockdown shall not automatically become part of the lockdown unless the lockdown involves the entire unit or circumstances beyond the unit’s control exist, such as a security threat group (STG) conflict. Any additions to an existing lockdown shall be recommended by AD-03.31 (rev. 8) Page 6 of 13 6 the senior warden, with coordination from the unit STG officer, if appropriate, and approved by the regional director or PFCMOD deputy director. C. Escorting 1. Opening Cells a. When a single or double occupant cell in the lockdown area is opened, there shall be a minimum of two correctional officers present. b. When a dormitory housing area is under lockdown, a minimum of two correctional officers shall be present before the door to the area is opened; however, a security supervisor may also be required at the discretion of the warden. 2. Showering In units without showers in the housing areas, a security supervisor shall determine the number of correctional officers necessary to escort offenders to the showers. 3. Meals In units not capable of serving in-cell hot meals, a security supervisor shall determine the number of correctional officers necessary to escort offenders to the dining area. 4. Disciplinary Hearings An offender accused of a disciplinary violation shall be allowed to attend the disciplinary hearing unless the offender’s behavior poses a security risk. 5. At the warden’s discretion, offenders may be escorted with hand restraints during a lockdown. D. Meal Procedures for Offenders During Lockdown 1. Meals and Serving Locations are Generally as Follows: a. Week One Offender meals shall be sack lunches for all meals served in or delivered to the housing areas. AD-03.31 (rev. 8) Page 7 of 13 7 b. Week Two Offender meals shall be served in or delivered to the housing areas. Meals shall include one hot lunch during the week if unit design allows, and sack lunches for all other meals. c. Week Three Offender meals shall be served in or delivered to the housing areas. Meals shall include a hot lunch three days and a hot supper one day, if unit design allows, and sack lunches for all other meals. d. Week Four At the warden’s discretion, meal procedures for Week Four may be restricted to the housing area or offenders may be allowed to eat in the offender dining area. A daily hot lunch and supper may be served. The warden or designee shall inform the food service manager of any meal restriction. Meals provided during a lockdown shall be wholesome and nutritious, and prepared and served in accordance with the Food Service Procedures Manual. 2. Units Incapable of Serving In-Cell Hot Meals Based on unit design, some units may not be capable of serving in-cell hot meals. These units may serve only sack lunches during Week Two and may escort small groups to the offender dining area during Week Three and Week Four at the discretion of the warden. 3. In-Cell Meal Procedures a. Where available, food tray slots shall be used. When food tray slots are not available, meals shall be as follows: (1) Correctional officers shall order the offender to go to the rear of the cell, face the wall, and place both hands behind the back. Once the offender complies with this order, the cell door shall be opened and the meal placed immediately inside the cell. Only after the officer gives an order allowing the offender to retrieve the meal shall the offender be allowed to approach the door. (2) If an offender refuses to comply with the procedure, the correctional officer shall inform the offender that refusal to comply with the order constitutes refusal to accept the meal AD-03.31 (rev. 8) Page 8 of 13 and the refusal shall be documented on the I-216, Daily Activity Log. (3) If an offender initially complies with the verbal order, but then attempts to turn or move towards the cell door, the cell door shall be secured. This action will constitute the offender’s refusal to accept the meal and this shall be documented on the I-216, Daily Activity Log. Additionally, an I-210, Disciplinary Report, shall be filed for “Refusing to Obey Orders.” (4) When there are two offenders in a cell and only one complies, one of the offenders may be reassigned to another cell at the discretion of a security supervisor, and served the meal in accordance with this directive. b. Immediately after serving each meal, the correctional officer shall ensure the documentation on the I-216, Daily Activity Log, is complete. This documentation shall include information regarding offenders who refused meals, failed to comply with procedures, and other such circumstances. 4. Food Loaf Restriction An offender on lockdown status may be placed on food loaf restriction in accordance with SM-01.29, “Offender Management Restrictions.” VI. Reporting Requirements A. Initial Reporting The warden or designee shall contact the appropriate regional director or PFCMOD deputy director and the EAC to report the lockdown with the following information: 1. Unit name and region; 2. Reasons for the lockdown; 3. TDCJ official requesting lockdown; 4. When the lockdown was imposed; 5. Portions of the unit affected; 6. How the lockdown was implemented; AD-03.31 (rev. 8) Page 9 of 13 9 7. Total number of offenders involved, by custody designation; and 8. Any other pertinent information. This information shall also be submitted immediately to the EAC in accordance with AD-02.15, “Operations of the Emergency Action Center and Reporting Procedures for Serious or Unusual Incidents.” B. Administrative Review An initial administrative review shall be conducted in accordance with AD-02.15. C. Daily Activity Log The I-216, Daily Activity Log, shall be maintained daily by the unit during the term of a lockdown. D. Daily Updates The warden or designee shall be responsible for daily updates to the EAC and to the regional director or PFCMOD deputy director, detailing: 1. The total number of offenders involved by custody designation, including offenders added to or deleted from an existing lockdown, with the offender’s name, TDCJ number, and reason for addition or deletion; 2. Housing locations, such as wings, dorms, cellblocks, or rows of cellblocks, affected; 3. Status and week of housing areas affected, for example, continued on Week One; progressed to Week Two; returned to Week One; or lifted. The justification for continuing the same week or returning to a previous week of lockdown must be specific, reasonable, and well documented in the daily update; and 4. On-going disruptive behavior or any security threats. The justification for continuing the same week or returning to a previous week of lockdown must be specific, reasonable, and well documented in the daily update. AD-03.31 (rev. 8) Page 10 of 13 0 E. Final Summary Report A final summary report shall be completed by the warden and forwarded to the regional director or PFCMOD deputy director. The final summary report shall then be forwarded to the CID deputy director for Prison and Jail Operations or PFCMOD director within seven days after the lockdown is lifted. The final summary shall be forwarded to the EAC as the official office of record. F. For lockdowns that last less than 10 days, the administrative review and final summary report may be combined into one document.