37 TAC §85.29, §85.33
The Texas Youth Commission (TYC) adopts an amendment to §85.29
concerning Program Completion and Movement of Other Than Sentenced Offenders
with changes and new §85.33, concerning Program Completion and Movement
of Sentenced Offenders with changes to the proposed text as published in the
April 7, 2000, issue of the
Texas Register
(25 TexReg 2973). Changes to the proposed to text in §85.29 consist of
adding conditions under which youth other than sentenced offenders and youth
classified as Type A violent offenders may be considered for movement to a
medium restriction placement. Changes to the proposed to text in §85.33
consist clarify that the TYC administrator of the sentenced offender disposition
department is the contact person for Texas Department Criminal Justice (TDCJ).
The justification for the rules is to ensure consistent and lawful implementation
of criteria and procedures for releasing sentenced offenders and similar administratively
classified violent offenders. The changes provide procedures to ensure appropriate
and timely communication with the TDCJ regarding transferring sentenced offenders
to TDCJ custody.
The amendment to §85.29 will function by ensuring that youth committed
to TYC under indeterminate sentences and classified by TYC as type A violent
offenders, will be treated similarly to youth sentenced under determinate
sentences. Specifically, the procedures for administrative approval of release
of type A violent offenders have been added. The proposed new §85.33
will replace the existing version. The new rule is much like the existing
rule, but will add the newly created department of sentenced offender disposition
to the release and transfer approval system. The administrator of the sentenced
offender disposition department will communicate with courts and/or the TDCJ
regarding disposition of sentenced offenders. Prior to communicating with
the courts or TDCJ, the final TYC approval authority for release or transfer
of youth is specified in the rules.
No comments were received regarding the adoption of the amendment and the
new rule.
The amendment is adopted under the Human Resources Code, §61.081,
concerning Release Under Supervision, which provides the Texas Youth Commission
with the authority to release a child. The new rule is adopted under the Human
Resources Code, §61.075, concerning Determination of Treatment, which
provides the Texas Youth Commission authority to determine certain disposition
options for youth committed to the commission under a determinate sentence.
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, and/or placed on
parole status.
(b)
Applicability.
(1)
This rule does not address all types of disciplinary movements.
See (GAP) 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 resocialization goals; and
(iv)
completion of Individual Case Plan (ICP) objectives;
(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 to home level
restriction.
(B)
Procedure. The release of a qualified youth from a high
restriction facility to either medium restriction or home level restriction
may occur as follows:
(i)
Staff must develop a release plan that identifies risk
factors and is adequate to ensure public safety and positive reintegration.
Staff must also develop a release packet of information.
(ii)
The supervising program administrator must review and
approve the release packet for quality and make a recommendation regarding
the release.
(iii)
The Special Services Committee must conduct an exit interview
with the youth to determine whether the youth meets criteria. The committee
must review and approve the release packet and recommend the release.
(iv)
The superintendent/quality assurance administrator must
approve and recommend the release and forward the release packet to the department
of sentenced offender disposition in central office.
(v)
The administrator of sentenced offender disposition will
review the release packet and other supplemental information including Incident
Reports, delinquent history, chronological entries, phase progression reports,
and youth discipline/movement records to determine and ensure compliance with
agency policy regarding release criteria and sufficiency of the release plan.
(vi)
The assistant deputy executive director for rehabilitation
services will review the release packet for clinical integrity of the psychological
evaluation, forensic risk assessment and release case plans.
(vii)
The appropriate director of juvenile corrections will
recommend approval or disapproval of the release.
(viii)
The assistant deputy executive director for juvenile
corrections will recommend approval or disapproval of the release.
(ix)
The deputy executive director (final release authority)
must approve or disapprove the release.
(x)
All documentation is returned to the administrator of sentenced
offender disposition who will confirm the final disposition to the facility
administrator and coordinate the release process.
(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 90 days prior to the transition/release
review; and
(ii)
minimum length of stay requirements;
(I)
completion except three months for transition to medium
restriction for youth assigned a classification MLS of less than 12 months
and is low risk to fail to complete program requirements at medium restriction
placement; or
(II)
completion except six months for transition to medium
restriction for youth assigned a classification MLS of 12 or more months and
is low risk to fail to complete program requirements at medium restriction
placement; or
(III)
completion of the entire MLS for release to home level
restriction; 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 home level
restriction (for youth classified on or after January 1, 1996), (not applicable
to youth in contract placements); and
(iv)
completion of required ICP objectives:
(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 to home level
restriction.
(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 that identifies risk
factors and is adequate to ensure public safety and positive reintegration.
(ii)
The supervising program administrator must approve the
transition/release.
(iii)
The Special Services Committee and/or 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 initial 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.
(1)
Parole status shall have been earned by the youth when
he is deemed to have completed all program completion criteria for release
to home level restriction, subsection (e)(1)(A) or (e)(2)(A) of this section
depending on the classifying offense.
(2)
When a youth has earned parole status and release
to home restriction level placement is pending, he or she attains parole status
in the current program prior to the release, unless the youth is in a high
restriction program, in which case, he or she 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 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.
§85.33. Program Completion and Movement of Sentenced Offenders.
(a)
Purpose. The purpose of this rule is to provide criteria
and a process whereby staff may determine when a sentenced offender youth
has completed a program, is eligible to be moved to another program, released
home, placed on parole status, or may be transferred to the Texas Department
of Criminal Justice (TDCJ).
(b)
Applicability.
(1)
This rule does not address all types of disciplinary movements.
See (GAP) Chapter 95, Subchapter A of this title (relating to Disciplinary
Practices).
(2)
This rule does not apply to youth committed to TYC
on indeterminate commitments. See (GAP) §85.29 of this title (relating
to Program Completion and Movement of Other Than Sentenced Offenders).
(c)
Explanation of Terms Used.
(1)
Program completion criteria - See the term explanation
in (GAP) §85.29 of this title, Program Completion and Movement of Other
Than Sentenced Offenders.
(2)
Administrative transfer - See the term explanation
in (GAP) §85.29 of this title, Program Completion and Movement of Other
Than Sentenced Offenders.
(3)
Transition movement - See the term explanation in
(GAP) §85.29 of this title, Program Completion and Movement of Other
Than Sentenced Offenders.
(4)
Parole status - See the term explanation in (GAP) §85.29
of this title, Program Completion and Movement of Other Than Sentenced Offenders.
(5)
Category 1 offenses - The offenses, specifically the
commission, attempted commission, conspiracy to commit, solicitation, solicitation
of a minor to commit, or engaging in organized criminal activity to commit:
murder, capital murder, sexual assault, or aggravated sexual assault, the
commission of which was on or after January 1, 1996, and for which a youth
has been given a determinate sentence.
(6)
Category 2 offenses - The offenses, except category
1 offenses, committed on or after January 1, 1996, for which a youth has been
given a determinate sentence.
(d)
General Restrictions. Due to the nature of determinate
sentences, some rules governing the classification, placement, release, transition,
parole status, and disciplinary movement of sentenced offenders must be applied
differently. Specifically:
(1)
Classification. A youth classified at commitment as a sentenced
offender shall retain a sentenced offender classification as long as the youth
remains under the jurisdiction of TYC as a result of that commitment. See
(GAP) §85.23 of this title (relating to Classification).
(2)
Initial Placement. On initial placement, all sentenced
offenders shall be assigned to high restriction facilities unless the deputy
executive director waives such placement for a particular youth.
(e)
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 by the Special Services Committee six months after admission
to TYC and when the minimum period of confinement is complete and at other
times as requested by the Committee. The review will be documented on the
Review of Progress Toward Successful Completion of Release Criteria for Sentenced
Offenders CCF-155.
(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 or considered for transfer to TDCJ under legal requirements
and procedures herein.
(5)
TYC program staff where the youth is assigned
shall determine when program completion criteria have been met.
(f)
Youth sentenced to commitment in the Texas Youth Commission
(TYC) for offenses committed on or after January 1, 1996.
(1)
General Requirements.
(A)
Minimum Period of Confinement. The minimum period of confinement
is ten (10) years for youth sentenced for capital murder; three (3) years
for youth sentenced for an aggravated controlled substance felony or a felony
of the first degree; two (2) years for a felony of the second degree; one
(1) year for a felony of the third degree; or completion of the sentence,
whichever occurs first.
(B)
Placement. Sentenced offenders shall serve the entire minimum
period of confinement applicable to the youth's classifying offense in high
restriction facilities unless the youth is:
(i)
transferred to TDCJ earlier in accordance with legal requirements
or committing court approval; or
(ii)
transitioned or released earlier under provisions in this
section.
(C)
Parole. Sentenced offenders shall not attain parole status
at any time prior to completion of serving the minimum period of confinement
unless approved by the committing court.
(D)
Administrative Transfer. 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.
(E)
Jurisdiction Termination. TYC jurisdiction shall be terminated
and a sentenced offender discharged when he/she is transferred to TDCJ (by
age 21) or his/her sentence is complete (except as specified in subparagraph
(F) of this paragraph). All sentenced offender youth in TYC custody at age
21 are transferred to TDCJ for completion of their sentence.
(F)
Concurrent Commitments. In the event that a youth is committed
to TYC under concurrent determinate sentence and indeterminate commitment
orders both commitment orders will be given effect, with the determinate sentence
order having precedence. Any movement and transfer options available under
the determinate sentence order and determined to be appropriate must occur
prior to completion of the determinate sentence. Other exceptions are as follows:
(i)
The youth will be classified and managed as a sentenced
offender until such time as the determinate sentence order is completed or
TYC jurisdiction expires, whichever occurs first. If a youth's determinate
sentence is complete prior to the expiration of TYC jurisdiction, the youth
will be newly classified in accordance with the classifying offense associated
with the indeterminate commitment.
(ii)
Both orders are given effect, i.e., the minimum period
of confinement under the determinate sentence and the Minimum Length of Stay
(MLS) associated with the indeterminate commitment will run concurrently.
If the applicable minimum period of confinement under the determinate sentence
is completed before the applicable MLS under the indeterminate commitment,
the youth will not be considered for release until the MLS has also been completed.
(iii)
The youth is discharged from the determinate sentence
order upon completion of the determinate sentence, but the indeterminate commitment
order will be given effect until normal discharge criteria are met. Under
this rule, the youth may remain under TYC supervision until age 21, regardless
of the expiration date of the determinate sentence.
(2)
Program Completion Criteria and Movement.
(A)
Youth Whose Classifying Offense is a Category 1 Offense.
(i)
Criteria. A category 1 sentenced 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 period of confinement, except
as provided in clause (iii) of this subparagraph; and
(III)
completion of phase 4 resocialization goals; and
(IV)
completion of Individual Case Plan (ICP) objectives:
(-a-)
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,
(-b-)
completion of all ICP objectives for release on
parole to home level restriction.
(ii)
Procedure. The release of a qualified youth from a high
restriction facility to either medium restriction or home level restriction
may occur as follows:
(I)
Staff must develop a release plan that identifies risk
factors and is adequate to ensure public safety and positive reintegration.
Staff must also develop a release packet of information.
(II)
The supervising program administrator must review and
approve the release packet for quality and make a recommendation regarding
the release.
(III)
The Special Services Committee must conduct an exit interview
with the youth to determine whether the youth meets criteria. The Committee
must review and approve the release packet and recommend the release.
(IV)
The superintendent/quality assurance administrator must
approve and recommend the release and forward the release packet to the department
of sentenced offender disposition in central office.
(V)
The administrator of sentenced offender disposition will
review the release packet and other supplemental information including Incident
Reports, delinquent history, chronological entries, phase progression reports,
and youth discipline/movement records to determine and ensure compliance with
agency policy regarding release criteria and sufficiency of the release plan.
(VI)
The assistant deputy executive director for rehabilitation
services will review the release packet for clinical integrity of the psychological
evaluation, forensic risk assessment and release case plans.
(VII)
The appropriate director of juvenile corrections will
recommend approval or disapproval of the release.
(VIII)
The assistant deputy executive director for juvenile
corrections will recommend approval or disapproval of the release.
(IX)
The deputy executive director (final release authority)
must approve or disapprove the release.
(X)
All documentation is returned to the administrator of sentenced
offender disposition who will confirm the final disposition to the facility
administrator and coordinate the release process.
(iii)
Exceptions for Youth Whose Classifying Offense Is Capital
Murder. A youth sentenced for capital murder may be considered for transition/release
prior to completion of the minimum period of confinement when the following
criteria have been met.
(I)
Criteria. Criteria as listed in clause (i) of this subparagraph,
with one exception: the youth has completed at least three (3) years of the
minimum period of confinement.
(II)
Procedure. Procedures for transition/release from a high
restriction facility as listed in clause (ii) of this subparagraph, with the
following additional requirements:
(-a-)
The executive director (final TYC approval authority)
will approve or disapprove the request for a hearing by the committing juvenile
court for early release.
(-b-)
All documentation is returned to the administrator
of sentenced offender disposition who will confirm the final disposition to
the facility administrator, request the hearing by the court, appoint the
staff who will represent TYC in the hearing, and coordinate the hearing and
release process.
(-c-)
The court (final release authority) must approve
the early transition/release.
(B)
Youth Whose Classifying Offense is a Category 2 Offense.
(i)
Criteria. A category 2 sentenced 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 period of confinement; and
(III)
completion of phase requirements:
(-a-)
phase 3 resocialization goals for transition to medium
restriction; or
(-b-)
phase 4 resocialization goals for release to home
level restriction; and
(IV)
completion of ICP objective requirements:
(-a-)
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
(-b-)
completion of all ICP objectives for release to
home level restriction.
(ii)
Procedure. The release of a qualified youth from a high
restriction facility to either medium restriction or home level restriction
may occur as follows:
(I)
Staff must develop a release plan that identifies risk
factors and is adequate to ensure public safety and positive reintegration.
Staff must also develop a release packet of information.
(II)
The supervising program administrator must review and
approve the release packet for quality and make a recommendation regarding
the movement.
(III)
The Special Services Committee must conduct an exit interview
with the youth to determine whether the youth meets criteria and must review
and approve the release packet, and recommend the release.
(IV)
The superintendent/quality assurance administrator must
approve and recommend the release, and forward the release packet to the department
of sentenced offender disposition in central office.
(V)
The administrator of sentenced offender disposition will
review the release packet and other supplemental information including Incident
Reports, delinquent history, chronological entries, phase progression reports,
and youth discipline/movement records to determine and ensure compliance with
agency policy regarding release criteria and sufficiency of the release plan.
(VI)
The appropriate director of juvenile corrections (final
release authority) will approve or disapprove the release.
(VII)
All documentation is returned to the administrator of
sentenced offender disposition who will confirm the final disposition to the
facility administrator and coordinate the release process.
(C)
Youth Who Have Been Disciplinarily Returned to Residential
Placement.
(i)
Following the youth's completion of the minimum period
of confinement and release on parole to home level restriction, a sentenced
offender is subject to TDCJ transfer rules and TYC policies where specifically
addressed.
(ii)
Should a youth be returned to a high or medium restriction
placement via a level I or II disciplinary hearing, the youth's eligibility
criteria and release procedure for movement from this placement is the criteria
and release procedure stated in this policy with one exception: the corresponding
minimum length of stay in (GAP) §85.29 of this title, Program Completion
and Movement of Other Than Sentenced Offenders shall apply rather than the
minimum period of confinement.
(3)
Transfer From TYC High Restriction To TDCJ,
Institution Division. Transfer from a high restriction facility to the Texas
Department of Criminal Justice, Institutional Division may occur as described
in this paragraph.
(A)
Criteria For Certain Capital Murder Youth. A transfer shall
occur (court approval is not required) for a youth, at age 21, who:
(i)
was sentenced for capital murder; and
(ii)
has not completed the minimum period of confinement applicable
to the youth's classifying offense (10 years) or the sentence if less than
10 years.
(B)
Criteria For Youth Whose Parole Has Been Revoked. A transfer
shall occur if ordered by the juvenile court. TYC may request a juvenile court
hearing for a youth whose parole has been revoked and the following criteria
have been met:
(i)
youth is at least age 16; and
(ii)
youth's parole was revoked for:
(I)
felony, Class A misdemeanor, or a high risk offense; or
(II)
any other violation which resulted in placement in an
intermediate sanction program at which the youth has failed to progress; and
(iii)
youth has not completed his/her sentence; and
(iv)
youth's conduct indicates that the welfare of the community
require the transfer.
(C)
Criteria For Other Youth. A transfer shall occur if ordered
by the juvenile court. TYC may request a juvenile court hearing for any other
youth if the following criteria have been met:
(i)
youth is at least age 16; and
(ii)
youth has spent at least six months in a high restriction
facility; and
(iii)
youth has not completed his/her sentence; and
(iv)
youth has met at least one of the following behavior criteria:
(I)
youth has committed a felony or Class A misdemeanor while
assigned to residential placement; or
(II)
youth persistently has committed major rule violations
(on three or more occasions); or
(III)
youth has engaged in chronic disruption of program (five
security admissions or extensions in one month or ten in three months); or
(IV)
youth has demonstrated an inability to progress in his/her
resocialization program due to persistent non compliance with treatment objectives;
and
(v)
alternative interventions have been tried without success.
(For example: special treatment plans, disciplinary transfer, extended stay);
and
(vi)
youth's conduct indicates that the welfare of the community
requires the transfer.
(D)
Procedures. Procedures for effecting a transfer requiring
court approval in accordance with subparagraphs (B) and (C) of this paragraph
are as follows:
(i)
The staff must prepare an early transfer request packet
that identifies risk factors and a treatment summary and review of alternative
interventions tried.
(ii)
The supervising program administrator must review and
approve the transfer packet for quality and make a recommendation regarding
the transfer.
(iii)
The Special Services Committee must determine whether
the youth meets criteria, and must approve packet and recommend transfer.
(iv)
The superintendent/quality assurance administrator must
approve and recommend transfer and forward the packet to the department of
sentenced offender disposition in central office.
(v)
The administrator of sentenced offender disposition will
review the packet for requesting transfer of a sentenced offender to TDCJ-ID
and other supplemental information including Incident Reports, delinquent
history, chronological entries, phase progression reports, and youth discipline/movement
records to determine and ensure compliance with agency policy regarding transfer
criteria.
(vi)
The assistant deputy executive director for rehabilitation
services will review the transfer packet for clinical integrity of the psychological
evaluation, forensic risk assessment and justification or recommendation in
the absence of or despite mental health issues.
(vii)
The appropriate director of juvenile corrections will
recommend approval or disapproval of the transfer.
(viii)
The assistant deputy executive director for juvenile
corrections will recommend approval or disapproval of the transfer to the
deputy executive director.
(ix)
The deputy executive director (final TYC approval authority)
must approve or disapprove the early transfer and request for a hearing by
the committing juvenile court.
(x)
All documentation is returned to the administrator of sentenced
offender disposition who will confirm the final disposition to the facility
administrator, request the hearing by the court, appoint the staff who will
represent TYC in the hearing, and coordinate the hearing and transfer process.
(xi)
The court (final transfer authority) must approve the
early transfer.
(4)
Transfer From TYC High or Medium Restriction
To TDCJ, Parole Division. Transfer from a medium or high restriction facility
to the TDCJ, Parole Division shall occur (court approval is not required)
based on the youth's age as follows.
(A)
Age 19 Factor.
(i)
Criteria. A youth who reached age 19 while in a high restriction
facility will be transferred to TDCJ, Parole Division when he becomes eligible
for parole release.
(ii)
Procedure.
(I)
Staff must develop a release plan that identifies risk
factors and is adequate to ensure public safety and positive reintegration.
The plan should reflect communication with a TDCJ parole officer regarding
available resources. Staff must develop a release packet of information.
(II)
The supervising program administrator must review and
approve packet for quality and make a recommendation regarding the release.
(III)
Special Services Committee (or equivalent 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 both the release packet and
the packet for requesting transfer of the offender to TDCJ-PD to the department
of sentenced offender disposition in central office.
(V)
The administrator of sentenced offender disposition will
review the release packet and other supplemental information including Incident
Reports, delinquent history, chronological entries, phase progression reports,
and youth discipline/movement records to determine and ensure compliance with
agency policy regarding release criteria and sufficiency of the release plan
and submit the packet requesting transfer of the offender to TDCJ, Parole
Division. Within 90 days of receipt, TDCJ will process the information and
forward to the Texas Board of Pardons and Paroles who will set the conditions
for release. On receipt of the conditions, the administrator of sentenced
offender disposition will insert the conditions into the release packet and
forward the packet to the juvenile corrections department in central office.
(VI)
The assistant deputy executive director for rehabilitation
services will review the release packet for clinical integrity of the psychological
evaluation, forensic risk assessment and release case plans while considering
the availability of resources within TDCJ.
(VII)
The appropriate director of juvenile corrections will
recommend approval or disapproval of the release.
(VIII)
The assistant deputy executive director for juvenile
corrections will review the release packet and recommend approval or disapproval
to the deputy executive director.
(IX)
The deputy executive director (final TYC release authority)
must approve the release.
(X)
The final arrangements for the transfer are made by the
department of sentenced offender disposition. The administrator of the department
of sentenced offender disposition will contact TDCJ, Parole Division to confirm
transfer date. TDCJ personnel will serve the Order of Transfer in person on
that day, at which time the sentenced offender youth is discharged from the
TYC and transferred to the TDCJ, Parole Division.
(B)
At Age 21.
(i)
Criteria.
(I)
At age 21, a youth who was sentenced for any offense other
than capital murder and who has not completed the sentence will be transferred
to TDCJ, Parole Division.
(II)
At age 21, a youth sentenced for capital murder, who has
not completed the sentence and who has not been transferred to TDCJ or released
under supervision (movement from high restriction) by juvenile court order
will be transferred to:
(-a-)
TDCJ-Institution Division, if he has not completed the
10-year minimum confinement period under paragraph (f)(3) of this subsection;
or
(-b-)
TDCJ-Parole Division, if he has completed the 10-year
minimum confinement period.
(ii)
Procedure.
(I)
Prior to 90 days before the youth's 21st birthday, staff
must develop a transition plan. The plan should reflect communication with
a TDCJ parole officer regarding available resources. Staff must develop a
packet requesting transfer of the offender to TDCJ-PD.
(II)
Prior to 90 days before the youth's 21st birthday, the
superintendent/ quality assurance administrator must send required documentation
to the department of sentenced offender disposition.
(III)
The administrator of sentenced offender disposition will
review the documentation and submit to TDCJ, Parole Division. Within 90 days
of receipt, TDCJ will process the information and forward to the Texas Board
of Pardons and Paroles who will set the conditions for release. On receipt
of the conditions the administrator of sentenced offender disposition will
notify the superintendent and/or quality assurance administrator of the conditions
and coordinate the release process.
(IV)
The superintendent/quality assurance administrator will
contact the department of sentenced offender disposition who will contact
the TDCJ, Parole Division to confirm the transfer date (youth's 21st birthday).
TDCJ personnel will serve the Order of Transfer in person on that day, at
which time the sentenced offender youth is discharged from TYC and transferred
to TDCJ, Parole Division.
(5)
Transfer From TYC Home Parole To TDCJ,
Parole Division.
(A)
Criteria. Transfer from TYC parole at home level restriction
to TDCJ, Parole, shall occur (court approval not required) at age 21 if the
youth has not completed his/her sentence.
(B)
Procedure.
(i)
Prior to 90 days before the youth's 21st birthday, parole/quality
assurance supervisor must develop a continuing parole plan. The plan should
reflect communication with a TDCJ parole officer regarding available resources.
Staff must develop a packet requesting transfer of the offender to TDCJ-PD.
(ii)
Prior to 90 days before the youth's 21st birthday, the
parole/quality assurance supervisor must send required documentation to the
department of sentenced offender disposition.
(iii)
The administrator of sentenced disposition will review
the documentation and submit to TDCJ, Parole Division. Within 90 days of receipt,
TDCJ will process the information and forward to the Texas Board of Pardons
and Paroles who will set the conditions for release. On receipt of the conditions
the administrator of sentenced offender disposition will notify the superintendent
and/or quality assurance administrator of the conditions and coordinate the
transfer process.
(iv)
The parole/quality assurance supervisor will contact the
department of sentenced offender disposition and TDCJ, Parole Division to
confirm transfer date (youth's 21st birthday), at which time the youth will
be discharged from TYC and transferred to TDCJ, Parole Division.
(g)
Youth sentenced to commitment in TYC for offenses committed
before January 1, 1996.
(1)
Movement and Parole. Sentenced offenders who meet program
completion criteria for transition or parole shall not be released without
proper authorization:
(A)
When a juvenile court orders that a sentenced offender
be released under supervision, the youth shall be transitioned or paroled,
as appropriate to the youth's progress at the time of the court's order.
(B)
When the juvenile court orders that a sentenced offender
be recommitted to TYC without a determinate sentence, the youth's eligibility
for release on parole or transition or disciplinary movements shall be governed
by the release criteria and procedures for the classification the youth would
have received if not a sentenced offender.
(2)
Disciplinary Movement. A sentenced offender may
be assigned to any appropriate placement, including a high restriction facility,
following a level I or II disciplinary hearing.
(h)
Notification. Parents or guardians will be notified of
all movements.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 9, 2000.
TRD-200003250
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 1, 2000
Proposal publication date: April 7, 2000
For further information, please call: (512) 424-6244
37 TAC §85.33
The Texas Youth Commission (TYC) adopts the repeal of §85.33,
concerning Program Completion and Movement of Sentenced Offenders without
changes to the text published in the April 7, 2000, issue of the
Texas Register
(25 TexReg 2973) and will not be republished.
The repealed section will allow for the publication of a new section.
No comments were received regarding adoption of the amendment.
The repealed section is adopted under the Human Resources Code, §61.075,
concerning Determination of Treatment, which provides the Texas Youth Commission
authority to determine certain disposition options of youth committed to the
Commission under a determinate sentence.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 9, 2000.
TRD-200003252
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 1, 2000
Proposal publication date: April 7, 2000
For further information, please call: (512) 424-6244