SECTION 341.808. Written Policies and Procedures

Each juvenile probation department that employs a juvenile probation officer who is authorized to carry a firearm in accordance with the requirements in this subchapter must maintain and implement written policies and procedures that:

(1) define which juvenile probation officers within the department are authorized to carry firearms;

(2) specify the amount of required training hours in the following areas before a juvenile probation officer may carry a firearm in the course of the officer's duties:

(A) use of an empty-hand defense tactic; and

(B) use of at least one intermediate weapon;

(3) specify the amount of continuing education hours required every two years for an officer to continue to carry a firearm in the course of the officer's duties;

(4) require continuing education hours to be in areas that enhance the officer's skills and knowledge relating to the proficient and legal use of a firearm, empty-hand defense tactics, and intermediate weapons in the context of self-defense and defense of third parties, including the following topics, at a minimum:

(A) use of force;

(B) weapons retention; and

(C) crisis intervention;

(5) specify the duties and training requirements of the chief administrative officer or the direct supervisor of a juvenile probation officer in cases where the following circumstances exist:

(A) a juvenile probation officer is authorized to carry a firearm in the course of his/her official duties; and

(B) the direct supervisor of the juvenile probation officer does not carry a firearm in the course of his/her official duties;

(6) require all training described in this section to be received from a TCOLE-certified instructor;

(7) state whether firearms and intermediate weapons are to be purchased and maintained by the department or the individual officer;

(8) require that the firearm and intermediate weapons remain under the control of the officer authorized to carry the firearm and weapon(s);

(9) specify whether the firearm must be fully loaded when carried or worn when the officer is in the course of his/her official duties;

(10) specify how credentials identifying the officer as a certified juvenile probation officer must be carried and/or displayed while the officer is carrying a firearm in accordance with this subchapter;

(11) describe the circumstances and limitations under which the officer is justified to use force, which must be consistent with Chapter 9 of the Texas Penal Code;

(12) specify the firearms to be carried, including the type of firearm, manufacturer, model, and caliber;

(13) specify the type of ammunition authorized for use in the firearm;

(14) specify the type(s) of intermediate weapons to be used;

(15) state whether the firearm must be carried in plain view or concealed and the manner in which it must be worn or carried;

(16) require documentation of each incident in which a juvenile probation officer, while in the course of his/her official duties, uses an empty-hand defense tactic, uses an intermediate weapon, or draws or discharges a firearm;

(17) require the officer to carry an intermediate weapon at all times while the officer is carrying a firearm;

(18) specify the manner in which the intermediate weapon(s) must be carried;

(19) define the process for rescinding or suspending the authorization to carry a firearm;

(20) prohibit the consumption of alcohol while carrying a firearm or intermediate weapon;

(21) define the process for conducting an internal investigation when required by §341.806(b) of this title; and

(22) require that a juvenile probation officer be placed on administrative leave or be reassigned to a position having no contact with juveniles or relatives of the juvenile involved in the incident when required by §341.806(d) of this title.

Source Note: The provisions of this §341.808 adopted to be effective January 1, 2017, 41 TexReg 5433