Part 3.
TEXAS YOUTH COMMISSION
Chapter 93.
YOUTH RIGHTS AND REMEDIES
37 TAC §93.17
The Texas Youth Commission (TYC) proposes new §93.17,
concerning Access to Personal Minister, Pastor, or Religious Counselor. The
new section will provide TYC youth with access to their personal ministers,
pastors, or religious counselors through visitation. Staff will verify the
religious affiliation prior to the visitation requested by the youth.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to ensure the rights of youth committed to TYC. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas, 78765.
The new section is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority and responsibility
for the welfare, custody, and rehabilitation of the children in a facility.
The proposed rule implements the Human Resource Code, §61.034.
§93.17.Access to Personal Minister, Pastor, or Religious Counselor.
(a)
Purpose. The purpose of this policy is to provide for youth
access to their personal ministers, pastors or religious counselors through
visitation.
(b)
Visitation.
(1)
A personal minister, pastor, or religious counselor is
someone whose personal relationship with the youth or his/her legal guardian
is that of a minister, pastor, or religious counselor.
(2)
Staff will verify the religious affiliation prior to visit.
(3)
Youth shall be allowed to receive visits from their personal
ministers, pastors, or religious counselors any day of the week at any time
between 8 a.m. and 5 p.m. and after 5 p.m. if reasonable arrangements can
be made.
(4)
Space will be provided for the visit.
(5)
The visitor will only be allowed to visit the youth with
whom he/she has a personal relationship.
(6)
Staff may place limits on length of time allowed for visits
and frequency of visits based on facility's program and schedule of activities
for the youth.
(7)
Youth may decline a visit with personal minister, pastor,
or religious counselor.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on June 28, 2000.
TRD-200004488
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 424-6244
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.21
The Texas Youth Commission (TYC) proposes new §95.21,
concerning Aggression Management Program. The new section will provide criteria
for moving a youth who is assigned to a Texas Youth Commission (TYC) institution,
from the general population of that institution to the Aggression Management
Program (AMP) to address continued aggressive behavior. The AMP program will
be used for youth who have not been responsive to other less restrictive interventions
and pose a continuous threat of danger to other youth and/or staff. The AMP
is a highly structured program designed to safely manage and treat the aggressive
behavior in a self-contained unit. The program will provide a system of graduated
reintegration into the campus general population. The program will be implemented
and occupy part of the TYC program only at the McLennan County State Juvenile
Corrections Facility in Mart, Texas.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be greater protection for the general public. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas, 78765.
The new section is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order the
youth's confinement under conditions it believes best designed for the youth's
welfare and the interests of the public.
The proposed rule affects the Human Resource Code, §61.034.
§95.21.Aggression Management Program.
(a)
Purpose. The purpose of this rule is to provide criteria
for removing from the general population youth assigned to a Texas Youth Commission
(TYC) institution for dangerously aggressive behavior and placing a youth
in the Aggression Management Program (AMP). The goal of the program is to
safely manage and treat the aggressive behavior in a self-contained unit.
The AMP program will be used for youth who have not been responsive to other
less restrictive interventions and pose a continuous threat of danger to other
youth and/or staff. The AMP is a highly structured program designed to address
aggressive behavior modification and provide a system of graduated reintegration
into the general population. Placement in the aggression management program
is a major disciplinary consequence.
(b)
Authorized Facilities.
(1)
The McLennan County State Juvenile Corrections Facility
(MCSJC) in Mart, Texas is the only facility authorized to administer the AMP.
(2)
TYC contract programs shall not develop an AMP. TYC contract
programs shall not place TYC youth residing in the contract program in the
TYC AMP program.
(c)
Eligibility Criteria. A youth is eligible for the aggression
management program:
(1)
if, at the youth's current institutional placement, a level
II hearing has been held and a finding made that the youth engaged in eligible
conduct for the AMP with no extenuating circumstance; and
(2)
the youth committed, attempted to commit, or helped someone
else to commit at least one of the following offenses:
(A)
assault resulting in substantial bodily injury that involves
more than a passing discomfort or fleeting pain; or
(B)
intentionally participating in a riot; or
(C)
using or threatening to use either an object defined as
a weapon by the
Penal Code
or an object that
could be used as a weapon, which placed the victim in fear of imminent bodily
injury.
(3)
If the disposition at the level II hearing held pursuant
to this policy resulted in a transfer to AMP, but bed space is not available
in AMP, the youth may be assigned to a placement in Disciplinary Segregation
Program (DSP) pending admission to AMP (at the youth's current placement)
with an assigned maximum length of stay, pending admission to AMP. However,
if the youth completes the maximum length of stay in the DSP prior to admission
to AMP, the youth shall not be admitted to AMP as a result of the conduct
determined at the level II hearing that resulted in the current assignment
to DSP.
(4)
The following are specifically disqualified from placement
in the AMP.
(A)
females;
(B)
sentenced offenders who are eligible for transfer to the
Institutions Division of the Texas Department of Criminal Justice.
(d)
Admission Criteria.
(1)
The local AMP Admission Review Committee at the McLennan
County State Juvenile Correctional Facility is composed of at least the assistant
superintendent, AMP psychologist and the AMP program administrator.
(2)
The AMP Admission Review Committee shall approve admission
to the AMP based on the following considerations.
(A)
Evidence that the youth is not suffering from a major emotional
disturbance and/or psychiatric disorder but the behavior is the primary result
of a conduct disorder or antisocial personality disorder.
(B)
Documentation that less restrictive interventions have
been attempted without successfully reducing the behavior and that the AMP
represents the least restrictive available and appropriate intervention.
(3)
The AMP Admission Review Committee shall not approve admission
to the AMP for a youth who was placed in DSP pending admission to AMP if the
maximum length of stay assigned for that DSP placement has been completed.
(4)
The AMP Admission Review Committee should not approve admission
to the AMP if a youth has substantially completed a placement in DSP without
an incidence of aggression.
(5)
Priority is given to youth with the most dangerous, recent
and chronic aggressive behavior, greater frequency of the use of weapons,
and older age.
(e)
Release from AMP.
(1)
Program Completion Requirements.
(A)
Youth are released from AMP upon successful completion
of requirements:
(i)
stages I through V of the AMP program; and
(ii)
phase II of the resocialization program.
(I)
Stage I. Youth must complete a minimum of 15 consecutive
days without an aggressive act or credible threat of one; and
(II)
Stages II-V. Youth must:
(-a-)
complete a minimum of 30 consecutive days on each stage
without an aggressive act or credible threat of one; and
(-b-)
have 30 days on each stage of program compliance; and
(-c-)
phase II of the resocialization program.
(B)
Program compliance is defined as completion of the resocialization
phases (phase components) required for each of the stages as specified in
this policy.
(i)
Progress is based on successful completion of the ICP objectives
established in each of the five stages of AMP.
(ii)
Progress is assessed by the AMP treatment team consisting
of the youth's PSW, the AMP program administrator, AMP psychologist, a JCO
staff, and a teacher (or representative of education department.) Additional
members may be appointed to the team as needed.
(iii)
The treatment team will staff youth weekly to review
progress in the behavioral and treatment objectives.
(iv)
The treatment team will determine the appropriate stage
for each youth using compliance with ICP objectives as the criteria. A youth
may be retained on or promoted to the next stage based on completing ICP objectives.
However, youth may be assigned to a lower stage based only on specific acts
of aggressive behavior. The treatment team shall document the reasons used
to support their decisions and may make recommendations for modification of
the treatment objectives or strategies.
(v)
The treatment team will conduct assessments to determine
the youth's resocialization phase at least every 30 days.
(C)
The AMP treatment team will determine when a youth has
successfully completed all the criteria for release from the AMP, and the
youth shall be released from AMP.
(D)
The superintendent or designee will determine whether the
youth will be permanently assigned to the MCSJC general campus program or
be referred for placement elsewhere. If the youth is to be transferred, the
superintendent or designee will refer the case to the Centralized Placement
Unit (CPU) for placement assignment.
(2)
Mental Health Release. Youth may be released from AMP at
any time for mental health reasons based on a recommendation by the AMP psychologist
and approval by the director of clinical services at MCSJCF.
(f)
Stage Requirements and Conditions. A youth obtains stages
in the AMP based upon the following criteria.
(1)
Stage I.
(A)
Youth must complete 15 consecutive days without an aggressive
act or the credible threat of one.
(B)
Youth are confined to single occupancy rooms except for
periods of highly supervised and structured activity in the self-contained
unit.
(C)
Youth will spend up to two hours a day out of the locked
room.
(2)
Stage II.
(A)
Youth must complete 30 consecutive days without an aggressive
act or credible threat of one.
(B)
Youth must have 30 days of program compliance including
successful completion of six components of phase 1 of the resocialization
program.
(C)
Youth are confined to single occupancy rooms except for
periods of specific, highly supervised, and structured activities with limited
numbers of other youth in the self contained program.
(D)
Youth will spend up to four hours a day out of the locked
room.
(3)
Stage III.
(A)
Youth must complete 30 consecutive days without an aggressive
act or credible threat of one.
(B)
Youth must have 30 days of program compliance including
successful completion of all components of phase 1 of the resocialization
program.
(C)
Youth are confined to single occupancy rooms except for
periods of specific, highly supervised, and structured activities with limited
numbers of other youth in the self contained program.
(D)
Youth will spend up to six hours a day out of the locked
room.
(4)
Stage IV.
(A)
Youth must complete 30 consecutive days without an aggressive
act or credible threat of one.
(B)
Youth are confined to self-contained program and closely
supervised.
(C)
Youth begin transition to the general population by attending
campus school for half a day and complete all school assignments for specific
periods.
(D)
Youth must complete six components of phase 2 of the resocialization
program.
(E)
Youth will spend up to eight hours a day out of the locked
room.
(5)
Stage V.
(A)
Youth must complete 30 consecutive days without an aggressive
act or credible threat of one.
(B)
Youth must successfully complete all components of phase
2 of the Resocialization program.
(C)
Youth are transitioned to the general population for the
standard daily schedule and return to AMP only at night.
(D)
Youth will spend up to 14 hours a day out of the locked
room.
(g)
Program Components.
(1)
Confined to Rooms. Youth will be confined in their rooms
at all times unless otherwise provided for in this policy or if they engage
in aggressive or inappropriate conduct.
(2)
Use of Mechanical Restraints. Approved and appropriate
mechanical restraints may be used on youth on stage I while not confined to
their rooms.
(3)
Locked Doors. Doors to individual rooms may be locked when
youth are confined to the rooms.
(4)
Individual Case Plan. Within the first week of admission
to AMP, an ICP will be developed for each youth. The plan will consist of
behavior modification strategies and treatment objectives necessary to reduce
aggressive behavior. The ICP shall be developed and reviewed according to
case management standards.
(5)
Education Component. All youth are expected to participate
in an individualized educational program for a minimum of four hours per day.
Youth that were enrolled in a special education program shall have a temporary
Admission Review and Dismissal (ARD) Committee meet and enroll the youth in
special education services.
(6)
Individual Counseling.
(A)
Youth in stage I will receive at least one hour a week
of individual counseling from either the Primary Service Worker (PSW) or unit
psychologist.
(B)
Youth in stage II will receive at least 30 minutes a week
of individual counseling from either the PSW or AMP psychologist.
(C)
Youth on stages III-V shall receive individual counseling
according to case management standards.
(7)
Group Therapy.
(A)
Group therapy will be offered on stages I-III in the AMP.
The emphasis will be on individual resocialization work in stages I and II
and on core group in stage III.
(B)
On stages IV and V, the youth will attend core groups.
(8)
Behavior Management. Youth are expected to follow their
prescribed schedules and commit no rule violations per (GAP) §95.3 of
this title (relating to Rules of Conduct, Contraband, and Dress). Youth will
be entitled to earn privileges within the AMP with progression through the
stages.
(9)
Physical Exercise.
(A)
Large muscle exercise will be offered to youth daily and
will be offered in an exercise yard if safety permits.
(B)
On stage IV and V physical exercise may be held on the
general campus.
(10)
Medical and Psychological Treatment.
(A)
The AMP program psychologist will continually assess the
mental status of youth to identify any therapeutic contraindications for continued
confinement on the unit. If such indications are assessed and with approval
by the director of clinical services, the youth shall be released from AMP.
(B)
Youth will be seen by medical and/or psychiatric staff
as needed, and treatment will be provided as ordered.
(h)
Program Monitoring and Youth Rights.
(1)
Youth will be seen daily by a caseworker.
(2)
Youth will be offered the opportunity to meet with the
youth rights specialist weekly.
(3)
The AMP will be visited daily by the superintendent or
assistant superintendent (or their designees) and the director of clinical
services or his/her designee.
(i)
Independent Review.
(1)
If a youth remains on any one stage for more than 45 days,
his case shall be reviewed by an Independent Review Team (IRT). The IRT shall
continue to review the case every 45 days after the initial review until the
youth progresses to the next stage.
(2)
The IRT shall include the assistant superintendent and
the director of clinical services. Additional members may be appointed as
needed.
(3)
The IRT reviews the justification and documentation of
the reasons the youth has failed to progress in the program stages and to
determine if appropriate interventions are being provided to the youth. The
IRT may direct changes in the youth's individual case plan to enhance the
youth's ability to progress in the program stages.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 3, 2000.
TRD-200004602
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 424-6244
Chapter 145.
PAROLE
Subchapter A. PAROLE PROCESS
37 TAC §145.3
The Policy Board of the Texas Board of Pardons and Paroles
proposes amendments to 37 TAC §145.3 concerning Policy Statements Relating
to Parole Release Decisions by the Board of Pardons and Paroles. The amendments
are proposed in order to reflect the Board's ongoing efforts to have more
efficient procedures in place for parole release decisions, including release
decisions following revocation of parole or mandatory supervision. The first
amendment, proposed by the Policy Board on April 18, 2000, relating to parole
release votes which may be withdrawn upon receipt of further information,
is to amend paragraph (2)(C) of the rule to clarify the language by deleting
the last word, "decision-maker" and replace it with "panel that rendered the
decision." The second amendment, proposed by the Policy Board on June 28,
2000, relating to the effect of a revocation on subsequent release on parole,
is to amend paragraph (2)(D) to delete the last sentence which contains language
that prohibits the release of an inmate who has been revoked for one full
year from the in-custody date.
Gerald Garrett, Chair of the Policy Board, has determined that for the
first five-year period the amended rule is in effect, there will be no fiscal
implications for state or local government.
Chairman Garrett has also determined that for each year of the first five
years the proposed amended rule is given effect, the public benefit anticipated
as a result of enforcing the amended rule will be more efficient procedures
in the Board's parole release decisions.
There will be no effect on small businesses or micro-businesses. There
is no anticipated economic cost to persons required to comply with the amended
rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th Street, 5th Floor, Austin, Texas 78701,
or to the following electronic mail address: laura.mcelroy@tdcj.state.tx.us.
Written comments from the public should be received within 30 days of the
publication of the proposed amended rule.
The amendment is proposed under §508.036, Government Code,
which grants the Policy Board the power to promulgate rules relating to the
decision-making process used by the Board and parole panels, and under §508.044,
Government Code, which provides that the Policy Board may adopt reasonable
rules as the Policy Board considers proper or necessary relating to the eligibility
of an inmate for release on parole or mandatory supervision, the conduct of
a parole or mandatory supervision hearing, or conditions to be imposed on
a releasee.
There is no cross-reference to the proposed amended rule.
§145.3.Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles.
To aid the Board of Pardons and Paroles in its analysis and research
of parole release, the board adopts the following policies.
(1)
(No change.)
(2)
An inmate will be considered for parole when eligible and
when the inmate meets the following criteria with regard to behavior during
incarceration.
(A)-(B)
(No change.)
(C)
If any inmate who has received an affirmative vote to parole
and following the vote, notification is received that the inmate has been
reduced below initial classification status or has lost good conduct time,
the parole decision will be reviewed and revoted by the parole
panel
that rendered the decision
[
(D)
A person who has been revoked and returned to custody for
a violation of the conditions of release to parole or mandatory supervision
will be considered for release to parole or mandatory supervision when eligible.
[
(E)-(F)
(No change.)
(3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 3, 2000.
TRD-200004597
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 463-1883
37 TAC §145.54
The Policy Board of the Texas Board of Pardons and Paroles
proposes an amendment to 37 TAC §145.54(c) concerning motions to reopen
revocation hearings. The amendment is proposed in order to reflect the Policy
Board's ongoing efforts to have more efficient procedures in place for decision-making
following hearings on revocation of parole or mandatory supervision. The amendment,
proposed by the Policy Board on June 28, 2000, is to amend subsection (c)
to provide that the Chair of the Board may designate a three-member Board
panel, other than the panel who made the original revocation decision, to
make the decision on a motion to reopen a revocation hearing.
Gerald Garrett, Chair of the Policy Board, has determined that for the
first five-year period the amended rule is in effect, there will be no fiscal
implications for state or local government as a result of enforcing the section
as proposed.
Chairman Garrett has also determined that for each year of the first five
years the proposed amended rule is given effect, the public benefit anticipated
as a result of enforcing the amended rule will be more efficient procedures
in the Board's revocation decision-making process.
There will be no effect on small businesses or micro-businesses. There
is no anticipated economic cost to persons required to comply with the amended
rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th Street, 5th Floor, Austin, Texas 78701,
or to the following electronic mail address: laura.mcelroy@tdcj.state.tx.us.
Written comments from the public should be received within 30 days of the
publication of the proposed amended rule.
The amendment is proposed under §508.036, Government Code,
which grants the Policy Board the power to promulgate rules relating to the
decision-making process used by the Board and parole panels, and under §508.044,
Government Code, which provides that the Policy Board may adopt reasonable
rules as the Policy Board considers proper or necessary relating to the eligibility
of an inmate for release on parole or mandatory supervision, the conduct of
a parole or mandatory supervision hearing, or conditions to be imposed on
a releasee.
There is no cross-reference to the proposed amended rule.
§145.54.Releasee's Motion To Reopen Hearing.
(a)-(b)
(No change.)
(c)
On transmittal,
a parole panel designated by the chair
other than the original panel assumes jurisdiction over the case and
[
(1)
granting of the motion and ordering that the hearing be
reopened for a stated specified and limited purpose[
(2)-(3)
(No change.)
(d)-(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 3, 2000.
TRD-200004598
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 463-1883
Chapter 95.
YOUTH DISCIPLINE
Part 5.
TEXAS BOARD OF PARDONS AND PAROLES
decision-maker
].
Releasees who have been revoked shall not be released on parole prior
to serving 12 calendar months from the return to custody date.
]
Subchapter C. REVOCATION OF PAROLE OR MANDATORY SUPERVISION
the board
] shall dispose of the motion by:
, in which event
the case shall be referred to a parole panel
];
Chapter 146.
REVOCATION OF PAROLE OR MANDATORY SUPERVISION