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Separation of Powers Doctrine
* Prior to 2015 and the enactment of Senate Bill 746, all men in civil commitment had been ordered into outpatient treatment and supervision in accordance with Texas health and safety code Chapter 841.
*. Director Marsha McClane , between September 1, 2015 through October 2015 ordered men civilly committed prior to June 2015 to be placed in total confinement for inpatient treatment. Neither the amended orders of commitment or the Texas legislature gave Director McLane the authority to determine whether the men could be placed in outpatient or inpatient treatment.
* The judiciary is the final decision maker in determining whether a person will be placed in outpatient or inpatient treatment not director McLane. Director McLane’s actions are inconsistent with the Separation of Powers Doctrine.
* Director McLane’s utilization of polygraph and plethysmograph examinations as conditions of release from the Texas Civil Commitment Center and advancement in tiers are unauthorized. In June 2015, the Texas legislature omitted polygraph, and plethysmograph from chapter 841. This action, as well, violates the Separation of Powers under both state and Federal Constitutions.
Financial
* Prior to 2015 and the enactment of senate bill 746, all men in civil commitment completed and filed with the committing court an Affidavit of Indigency. The affidavit was NOT contested by the Special Prosecution Unit,( SPU) and therefore the committing court found it necessary for the state to assume all cost of a committed persons treatment and supervision.
* Director McLane, in 2016, introduced her post-enactment cost recovery policy demanding that men in civil commitment pay for involuntary treatment imposed by the committing courts Final Judgment and Order of Commitment.
* This cost recovery policy is being enforced by way of threats and coercion. If a committed person has been found not to have paid the cost recovery fee, that person is punished until the payment has been made. Furthermore, after the committed person pays the fee he is still subject to punishment.
* Cost recovery was paid on packages sent from family and friends, SSI disability, SSI retirement, military retirement, veterans benefits, and economic impact payment. ( Stimulus Checks) 33% of each stimulus check was deducted. Most of the men received 3 stimulus checks.
Residence were not allowed to send the checks to their personal banks. Management Training Corporation (MTC) required all men to sign the checks. If the men refused to sign the checks, MTC reported them to TCCO.
The policy on cost recovery was changed again by Director McLane from 33% to 25% in 2021. To affect only monies being sent from anyone other than a spouse.
* The Resident Work Program requires Residents to complete a 1099 tax form indicating residents were contract workers rather than employees. TCCO, Correct Care Recovery Solutions, ( CCRS) and MTC are responsible for setting work schedules, hourly pay rate, and where, and when the work will be conducted.
* The classifying of residents as contract workers rather than employees is fraud. Both CCRS and MTC on 1099 form with the knowledge of TCCO showed the full amount of compensation for the year, but failed to show on the 1099 form the amount which was deducted for TCCO fees, both CCRS and MTC are responsible under the federal insurance contribution act ( FICA) to contribute to the Men’s Social Security, and Medicare benefits. Due to CCRS and MTC not contributing to FICA men in the TCCC will not receive any employment credits towards their retirement.
* Both MTC and CCRS automatically deducted cost recovery fees for TCCO under the guise of “ restitution fees”. At no time did the committing court authorized CCRS and MTC to garnish the pay of the residents and there after turn it over to TCCO.
* As a result of filing the 1099’s. Men who have been released are being subject to an audit by the IRS.
* Recently, Mrs. McLane has changed another policy to increase the amount of funds a man must have saved before he can be released into tier 5. The men are allowed to start working inside the facility, in the kitchen, laundry or janitor duties in tier 3. They are paid minimum wage. They work in rotation because there aren’t enough jobs for them all.
A 25% fee is due from every check they earn. That amounts to approximately 5$ an hour. Director McLane is demanding the men to have 8,000$ saved before they can be released into the community into tier 5. The families of the men are NOT allowed to contribute anything to their savings. It would take a very very long time to save that amount. Ensuring a much longer stay in the facility.
As a mother, a tax payer and advocate, I am urging you to stop the rogue actions and punitive measures that this agency continues to display.
TCCO is creating more victims everyday.
Jennifer WIlliams
817-501-3655