Texas Youth Commission (TYC) adopts on an emergency basis new §85.29, concerning program completion and movement of other than sentenced offenders. All references to sentenced offenders in the repealed section have been simultaneously adopted in a new section, (GAP) §85.33 Program Completion and Movement of Sentenced Offenders. For youth committed to TYC, this new rule will establish criteria and procedure for the completion of a TYC treatment program and corresponding eligibility for transition to a program of less restriction, and/or release home or to a home substitute. Movement criteria are based on degree of severity of the offense. When criteria have been met, youth may earn parole status. Certain exceptions may be made for hardship cases, to control population, and for certain mentally ill and mentally retarded youth.

An identical new rule has been proposed and the rule is available for public review.

This new section is adopted on an emergency basis to maintain effectiveness of criteria and procedure for movement of youth other than sentenced offenders while simultaneously adopting by emergency a new rule effecting movement of sentenced offenders. Adoption on an emergency basis is necessary to clarify the agency's intent so that no youth is released from a residential placement prior to completion of specified criteria.

The new section is adopted on an emergency basis under the Human Resources Code, §61.075, concerning determination of treatment, which provides the Texas Youth Commission authority to discharge the child from control when it is satisfied that discharge will best serve the child's welfare and the protection of the public.

The adopted rule implements the Human Resource Code, §61.034.

§85.29.Program Completion and Movement of other than Sentenced Offenders.

(a)

Purpose. The purpose of this rule is to provide criteria and a process whereby staff may determine when a youth has completed a program, is eligible to be moved to another program, released home, placed on parole status.

(b)

Applicability.

(1)

This rule does not address all types of disciplinary movements. See Chapter 95, Subchapter A of this title (relating to Disciplinary Practices).

(2)

This rule does not apply to sentenced offenders. See (GAP) §85.33 of this title (relating to Program Completion and Movement of Sentenced Offenders and §85.37 of this title (relating to Sentenced Offender Disposition).

(3)

This rule does not apply to movement strictly for treatment reasons.

(c)

Explanation of Terms Used.

(1)

Program completion criteria - the criteria which a youth must meet while in the current program in order to move to an equal or lesser level of restriction.

(2)

Disciplinary movement - a movement to equal or more restriction as a disciplinary consequence if found during appropriate due process. A disciplinary movement may or may not be accompanied by a new minimum length of stay requirement. There are several types of disciplinary movement consequences. These movements are subject to policies in this chapter and in Chapter 95, Subchapter A of this title (relating to Disciplinary Practices). For restriction levels see (GAP) §85.27 of this title (relating to Program Restriction Levels).

(3)

Administrative transfer - a lateral movement, i.e., a movement from one program to another program within the same restriction level for an administrative purpose. Purposes may include but are not limited to proximity to a youth's home, specific treatment needed becomes available, appropriateness of placement due to education needs, age, etc.

(4)

Transition movement - also referred to as "a transition", any movement from one assigned program site to another as a result of a youth's progress toward meeting the program completion criteria of his/her program. Transition is always to placement of equal or less restriction than that of the current placement. Transition is not a type of placement or a status.

(5)

Parole Status - a status assigned to a youth when criteria have been met. The status assures that a youth, having parole status, shall not be moved into a placement of high restriction without a level I hearing.

(d)

Program Completion Processes.

(1)

Program staff will explain completion criteria to every youth during orientation to each placement.

(2)

Prior to a transition movement, a youth may request and in doing so will be granted a level II hearing.

(3)

TYC shall not accept the presence of a detainer as an automatic bar to earned release. The agency shall release a youth to authorities pursuant to a warrant.

(4)

Progress toward successful completion of criteria shall be evaluated at specific regular intervals.

(A)

If, at the review, it is determined the youth has completed criteria required for transition, movement is considered. A transition placement is always to a placement of equal or less restriction than the youth's current placement.

(B)

If, at the review, it is determined the youth has not completed criteria required for a transition or release movement, the youth may be continued in the placement.

(5)

TYC program staff where the youth is assigned shall determine when program completion criteria have been met.

(e)

Program Completion Criteria and Movement.

(1)

Youth Whose Classifying Offense is Type A Violent Offender.

(A)

Criteria. A type A violent offender youth will be eligible for transition/release to a placement of less than high restriction when the following criteria have been met.

(i)

no major rule violations within 90 days prior to the transition/release review; and

(ii)

completion of the minimum length of stay (MLS); and

(iii)

completion of phase 4 ; and

(iv)

completion of ICP objective requirements:

(I)

completion of required ICP objectives for transition to medium restriction except objectives which cannot be completed in the current placement but which may be completed in a medium restriction placement: or

(II)

completion of all ICP objectives for release on parole to home level restriction.

(B)

Procedure. The release of a qualified youth from a high restriction facility either to medium restriction or home level restriction on parole may occur as follows.

(i)

Staff must develop a Release Plan adequate to ensure public safety and positive reintegration, which includes:

(I)

a current Psychological Report (conducted within the previous six months) that includes a risk assessment;

(II)

ICP: Release/Review Summary - treatment summary and community confirmation that specifically addresses the identified risk factors;

(III)

home evaluation if appropriate; and

(IV)

other supporting documents.

(ii)

supervising program administrator must approve packet;

(iii)

Special Services Committee must conduct an exit interview with the youth to determine whether the youth meets criteria, and must review and approve the packet, and recommend the release;

(iv)

the superintendent/quality assurance administrator must approve and recommend the release and forward packet to the juvenile corrections department in central office;

(v)

the assistant deputy executive director for rehabilitation services will review the release packet for quality assurance of information presented and adequacy of the release plan;

(vi)

the assistant deputy executive director for juvenile corrections (final release authority) will approve the release and confirm release to the facility administrator.

(vii)

Executive director may choose to review and approve/ disapprove any movement, in which case, he is the final release authority.

(2)

Youth Whose Classifying Offense is Other Than Type A Violent Offender.

(A)

Criteria. A youth other than a type A violent offender youth will be eligible for transition/release to a placement of less than high restriction when the following criteria have been met.

(i)

no major rule violations within 30 days prior to the transition/release review.

(ii)

minimum length of stay requirements:

(I)

completion except three months for transition to medium restriction; or

(II)

completion of the entire MLS for release on parole; and

(iii)

completion of phase requirements:

(I)

phase 3 of resocialization goals for transition to medium restriction (for youth classified on or after January 1, 1996), (not applicable to youth in contract placements); and

(II)

phase 4 of resocialization goals for release to minimum or home level restriction (for youth classified on or after January 1, 1996), (not applicable to youth in contract placements); and

(iv)

completion of required Individual Case Plan (ICP) objectives.

(B)

Procedure. The transition/release of a qualified youth either to medium restriction or home level restriction on parole may occur as follows.

(i)

Staff must develop a Release Plan adequate to ensure public safety and positive reintegration, which includes:

(I)

ICP: Release/Review Summary - treatment summary and community confirmation that specifically addresses the identified risk factors; and

(II)

home evaluation if appropriate; and

(III)

other supporting documents.

(ii)

supervising program administrator must approve transition/release;

(iii)

Special Services Committee treatment team must conduct an exit interview with the youth to determine whether the youth meets criteria, and must approve the transition/release;

(iv)

the superintendent/quality assurance administrator (final release authority) must approve the release.

(3)

Program Completion Criteria: Returned to Residential Placement. A youth returned to any residential program via a TYC level I or II hearing:

(A)

with a classification MLS, must meet initial criteria for the classification; or

(B)

with no classification MLS, must meet the original criteria for the classification with one exception. Criterion for completion of the resocialization phases (specified in paragraphs (1) and (2) of this subsection) or program goals in programs not providing TYC resocialization, will apply; however, the youth shall be reassessed for degree of regression and shall begin at the phase (or goal) indicated by the reassessment.

(f)

Parole Status. Parole status shall be earned by the youth when he is deemed to have completed residential program completion criteria, subsection (e) of this section. When a youth has earned parole status and transition to minimum or home restriction level placement is pending, he attains parole status in the current program prior to the transition, unless he is in a high restriction program, in which case, he attains parole status on leaving the facility.

(g)

Movement Without Program Completion.

(1)

Administrative Transfer Movements. Administrative transfer movements may be made among programs of equal restrictions without a due process hearing. An administrative movement shall not be made in lieu of a movement for which a due process hearing is mandatory.

(2)

Exceptions in Hardship Cases. Youth may be placed on parole status at home without meeting completion criteria in hardship cases on the recommendation by parole officer and approval by the deputy executive director.

(3)

Exceptions to Control Population. TYC recognizes that optimum program integrity, efficiency, and safety is possible only if programs are not overpopulated. When overpopulation occurs in any institution, certain remedial actions are taken by the facility.

(A)

Invoking Early Release Procedures.

(i)

When population in any TYC institution reaches three percent (3%) above general population budgeted capacity (excludes youth in specialized treatment), the superintendent may declare an overpopulation condition and may invoke early release criteria.

(ii)

When population in any TYC institution reaches five percent (5%) above general population budgeted capacity, the superintendent shall declare an overpopulation condition and shall invoke early release criteria.

(B)

Early Release Criteria. Youth in specialized treatment programs and sentenced offenders are not eligible for early release under these procedures. Those who may be released early are general population youth who:

(i)

have completed the minimum length on stay, and

(ii)

have completed phase three of resocialization.

(C)

Of youth who meet criteria, release should begin with those having mastered the most objectives towards completion of phase four (4).

(D)

Within 24 hours of making the decision to implement the early release policy for population control policy on a campus, the superintendent will notify the appropriate juvenile corrections director.

(E)

The deputy executive director may cancel or revise any population control in effect or may implement any other youth movement option when necessary to control population and/or manage available funds concerning youth in residential placement.

(4)

Exceptions for Mentally Ill and Mentally Retarded Youth. Certain youth excluding sentenced offenders who have completed their minimum lengths of stay and are unable to derive further benefit from the agency's rehabilitation programs because of mental illness or mental retardation, shall be discharged following application for appropriate services to address their mental illness or mental retardation. See (GAP) §87.79 of this title (relating to Discharge of Mentally Ill and Mentally Retarded Youth).

(h)

Notification. Parents or guardians will be notified of all movements.

Filed with the Office of the Secretary of State, on April 9, 1999.

TRD-9902127

Steve Robinson

Executive Director

Texas Youth Commission

Effective date: April 9, 1999

Expiration date: August 7, 1999

For further information, please call: (512) 424-6244