Texas Youth Commission (TYC) adopts on an emergency basis new §93.15, concerning youth mail. The new section provides rules effecting the handling of mail involving youth committed to TYC and placed in a residential facility. All incoming mail may be opened and inspected for contraband in the youth's presence. Outgoing mail from youth may be inspected for contraband prior to sealing, except for outgoing mail to special correspondents, as specified in the rule. Staff will be allowed to stop certain incoming and/or outgoing mail. Provision is made for review by the executive director of mail stopped under provisions herein and if initiated by a person having received notice of stopped mail.

This new section is adopted on an emergency basis to allow stopping certain mail which may contribute to disruption of facility order and security and thus imminent safety of staff and youth.

An identical new section is proposed for public review.

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 order confinement under conditions believed best designed for the youth's welfare and interests of the public.

§93.15.Youth Mail.

(a)

Purpose. The purpose of this section is to establish rules for promoting open mail communication in residential programs and to establish limitations on incoming and outgoing youth mail only as necessary for safety and security and for the protection of youth from improper influences.

(b)

Applicability.

(1)

This rule applies only to mail that is deposited for delivery in a regular postal service or that is hand-delivered by or to visitors. It does not apply to other written communication between youth or between staff members and youth.

(2)

This rule applies only to youth in residential programs.

(c)

Explanation of Terms Used.

(1)

Contraband--means any physical item that presents a substantial danger to the safety and security of youth, staff or the facility and any other item, depiction, or publication that is included in the definition of "contraband" under (GAP) §95.3 of this title (relating to Rules of Conduct, Contraband and Dress).

(2)

Mail--includes all written correspondence, pictures, publications, and the contents of packages.

(3)

Special Correspondent--means the following persons:

(A)

TYC board members, administrators, youth rights specialists, or investigators;

(B)

Government officials, including elected officials, court officials and law enforcement officials;

(C)

an attorney for the youth;

(D)

a member of the editorial and reporting staff of any newspaper or magazine listed in "Ayers Directory of Publications" or the "Editor and Publisher Year Book" or the editorial and reporting staff of any radio or television station.

(d)

Juveniles in Texas Youth Commission (TYC) operated or contracted residential facilities have the right to communicate or correspond through the mail with persons or organizations subject only to the limitations necessary to maintain facility order and security and to protect youth from improper influences.

(e)

Privacy of Correspondence.

(1)

No incoming or outgoing youth mail will be read or censored, but mail may be inspected for the purposes provided in subsection (f) of this section.

(2)

Unless a youth requests it, a youth's mail will not be read for any purpose as long as the mail remains in the youth's possession in his own sleeping area or on his person. Mail that is abandoned following a youth's unauthorized departure may be read to aide the youth's apprehension.

(f)

Contraband in Incoming and Outgoing Mail.

(1)

All incoming mail to youth may be opened and inspected for contraband in the youth's presence.

(2)

All outgoing mail from youth may be inspected for contraband prior to sealing, except for outgoing mail to special correspondents.

(3)

All contraband that is discovered will be seized and disposed of in accordance with (GAP) §97.11 of this title (related to Disposition of Unauthorized Items Seized). Money in the mail is handled in accordance with (GAP) §99.31 of this title (relating to Youth Banking).

(g)

Stopped Delivery of Incoming and Outgoing Mail.

(1)

Incoming mail may not be delivered to a youth and outgoing mail from a youth may not be deposited for delivery if it contains contraband or if it is addressed to or from:

(A)

a person (or the parent or guardian of a minor) who objects to receiving mail from the youth;

(B)

a person, other than a special correspondent or family member, whose correspondence with a youth under age 18 has been objected to by the parents or guardian of the youth;

(C)

a person, other than a special correspondent, who at any time has attempted to send the youth contraband;

(D)

an inmate of a jail or prison, other than a member of the youth's family;

(E)

another youth under TYC's jurisdiction when it is found that either youth has at any time violated a rule of conduct and mail between the youth was involved; or

(F)

other youth under TYC's jurisdiction when the TYC executive director determines that mail correspondence between the youth creates an intolerable risk of disorder under the circumstances existing at a particular time.

(2)

Mail that is not delivered will be returned to the sender if a return address is noted on the parcel, otherwise it will be returned to the post office as undeliverable.

(3)

Mail from a youth will not be deposited for delivery without a return address printed on the envelope.

(h)

Notice of Stopped Mail and Opportunity for Review.

(1)

Youth will receive notice of mail that is returned to the sender under subsection (g) of this section and of the opportunity for review as provided in subsection (i) of this section. The notice to youth will describe the mail and the reasons for its return in sufficient detail to permit effective utilization of the review procedures.

(2)

Senders of mail that is returned under subsection (g) of this section, other than mail from persons identified in subsection (g)(1)(B), (D), or (F) of this section, may request the reasons for the mail's return and be provided the opportunity for review as provided in subsection (i) of this section. Notice of the address or telephone number to contact for this information will be stamped on the returned mail envelope.

(i)

Stopped Mail Review Procedure.

(1)

Persons who have received notice of stopped mail under subsection (h) of this section may request review of the stopped mail by writing to the executive director within two weeks of their receipt of notice.

(2)

The executive director will notify the person requesting the review of its decision within 30 days of receiving the request.

(3)

If the executive director upholds the stopping of mail from persons identified in subsection (g)(1)(C), (D), or (E) of this section, it will notify the persons requesting the review that they may resubmit their request to resume mail to or from the youth after six months.

(j)

Postage and Time of Delivery.

(1)

There is no limit on the number or length of incoming or outgoing letters. Postage and stationary will be furnished to all youth for three one-once domestic letters per week. Additional postage and stationary may be provided for letters to attorneys for youth or courts.

(2)

All incoming and outgoing letters will be held no longer than 24 hours and packages no longer than 48 hours except on weekends or holidays when 72 hours is allowed (if the holiday immediately precedes or follows the weekend).

(3)

First class letters and packages will be forwarded to a youth's assigned placement following transfer or release.

Filed with the Office of the Secretary of State, on March 5, 1999.

TRD-9901363

Steve Robinson

Executive Director

Texas Youth Commission

Effective date: March 8, 1999

Expiration date: July 6, 1999

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