Part 3.
TEXAS YOUTH COMMISSION
Chapter 91.
PROGRAM SERVICES
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.85, §91.91
The Texas Youth Commission (TYC) proposes an amendment to §91.85,
concerning Medical Care and §91.91, concerning Psychopharmacotherapy.
The amendment to §91.85 incorporates the mid level practitioner as an
individual who is a physician's assistant or an advanced practice nurse that
is certified as such by the respective state board. The mid level practitioner
is now included as a professional authorized to deliver specific medical intervention.
Other changes include minor grammar changes, incorporating the abbreviation
HCP for health care professionals, and clarifying that discharge summaries
will be developed when a youth transitions to parole or is discharged from
the facility. The amendment to §91.91 clarifies that the use of standing
orders for psychotropic drugs must comply with state regulations. The other
change allows for an exception that standing orders not be utilized unless
the mid-level practitioners are used to provide services under a supervising
psychiatrist.
Don McCullough, Acting 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. McCullough 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 allowing for alternate certified medical staff to
provide medical care in a more cost and time efficient manner. Also appropriate
psychiatric intervention will be used in the administering of psychotropic
medications. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendments are proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to provide any
medical of psychiatric treatment that is necessary.
The proposed rules affect the Human Resource Code, §61.034.
§91.85.Medical Care.
(a)
Purpose. The purpose of this rule is to establish basic
standards and policies for delivery of health care services to Texas Youth
Commission (TYC) youth.
(b)
Explanation of Terms Used.
(1)
Health Care
Professional
[
(2)
Mid Level Practitioner --Physician's Assistant
or Advanced Practice Nurse that is certified as such by the respective state
board.
(c)
Services.
(1)
TYC shall provide for professional medical and dental services
for its youth in residential care. These services may be provided through
contractual arrangements with providers of health care.
(2)
Access to
a
licensed
HCP
[
(3)
Medical/dental services will be delivered by
a licensed
HCP
[
(4)
All youth in residential care will receive a physical and
dental screening and examination upon admission to TYC and annually thereafter.
(5)
Youth are provided medical examination and treatment following
an injury, following contamination from use of a chemical agent, and following
the use of force if indicated.
(6)
In facilities housing females, obstetrical, gynecological,
family planning, and health education services will be available on site or
by referral.
(7)
Routine medical complaints:
(A)
in institutions, nursing staff respond at the scheduled
sick call to be held at least once a day, five days per week. A physician
or mid level practitioner
and dentist will provide services at least
weekly. The psychiatrist
or mid level practitioner
will provide
services on campus as agreed in his/her contract; and
(B)
in halfway houses and contract facilities, nursing consultation
will be available on a daily basis. The physician and dentist will be available
to provide
medical
services as needed. A psychiatrist
or mid
level practitioner
will be available to provide
mental health
services as needed and as agreed in a contract.
(d)
General Procedural Requirements.
(1)
Facility nurses will, for each TYC youth, develop an individual
medical plan which documents current health status and availability of medical
insurance.
(2)
Youth, who by history or examination, have a chronic or
debilitating condition may be placed on medical alert by the responsible physician.
(3)
Pharmaceutical procedures will comply with federal and
state laws and accepted industry practices pertaining to the acquisition,
storage, administration, and documentation of prescription drugs.
(4)
The responsible physician or psychiatrist may authorize
medical and pharmacological intervention when required in a life threatening
situation consistent with criteria in (GAP) §91.81 of this title (relating
to Medical Consent). When this intervention requires the use of psychotropic
medication, the authorization must be consistent with criteria in (GAP) §91.92
of this title (relating to Psychotropic Medication-Related Emergencies).
(5)
Youth may file grievances related to health care services
through the youth complaint procedure.
(6)
All efforts are made
by TYC and contracted healthcare
providers
to utilize third party reimbursement if available.
(7)
Facilities housing more than 25 youth must have a central
medical room with medical examination facilities.
(e)
Limitation of Services.
(1)
TYC is not responsible for medical costs incurred by youth:
(A)
on furlough or parole status when they are placed in the
home of a parent, relative or guardian;
(B)
on escape status;
(C)
for injuries/illnesses sustained while on escape/abscondence
status; or
(D)
in detention centers or county facilities.
(2)
Pharmaceutical, cosmetic, and medical experiments are prohibited.
This policy does not preclude individual treatment of a youth based on
his/her
[
(f)
Medical Discharge.
(1)
In the event a youth suffers an injury or medical illness
that
[
(2)
Youth who have a serious medical need and have been determined
to be at low risk based on the nature and length of offense history, may be
considered for discharge provided there is a successful referral to an appropriate
outside treatment resource.
(3)
Facility nurses will, for each TYC youth, develop an individual
discharge summary,
upon transition to parole or discharge
[
§91.91.Psychopharmacotherapy.
(a)
Purpose. The purpose of this policy is to provide for the
use of psychopharmacotherapy as an established method of treatment of emotionally
disturbed adolescents for the clinical relief of symptoms distressing to the
youth or interfering with normal functioning.
(b)
Medical or pharmaceutical experimentation or research using
TYC youth is strictly prohibited.
(c)
Psychotropic drugs shall not be administered for purposes
of punishment or for program management or control. Psychotropic medication
may only be prescribed for youth who have had a physical examination by a
physician.
(d)
Psychotropic medication shall be given only to a youth
who has a diagnosed psychiatric disorder. A diagnostic assessment shall be
performed by the prescribing physician prior to initiating a psychotropic
drug order. Indication for the drug therapy must be documented. Every effort
will be made to ensure that prescribing is a collaborative effort between
the youth and the clinician, necessitating, whenever reasonable or possible,
the sharing of information such as treatment objectives, disadvantages, available
alternatives, and side effects.
(e)
The lowest dosage that will maintain the desired therapeutic
effect shall be considered the proper dosage.
(f)
The oral route will be the preferred method of administration
in the absence of specific contraindications.
(g)
Standing orders will not be utilized for psychotropic drugs
, except where psychiatric mid-level practitioners are used to provide services
under a supervising psychiatrist. The use of standing orders must comply with
applicable state regulations
.
(h)
Psychotropic medication may not be administered against
the will of a youth except in a medication related emergency as specified
in (GAP) §91.92 of this title (relating to Psychotropic Medication-Related
Emergencies).
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 April 4, 2001.
TRD-200101976
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 424-6301
37 TAC §93.53
The Texas Youth Commission (TYC) proposes an amendment to
the §93.53, concerning Appeal to Executive Director. The amendment to
the section makes minor sentence structure changes as well as adds a decision
from a Title IV-E hearing as being eligible for a direct appeal to the executive
director. An automatic appeal for youth being detained in a location other
than a TYC operated institution. A youth in a TYC institution will have an
automatic appeal to the executive director after a third and subsequent level
IV hearing.
Don McCullough, Acting 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. McCullough 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 enhanced due process for youth. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
that take into consideration the welfare, and rehabilitation of the youth
under its care.
The proposed rule affects the Human Resource Code, §61.034.
§93.53.Appeal to Executive Director.
(a)
Purpose. The purpose of this rule is to permit
Texas
Youth Commission
(TYC)
youth, their parents or guardians,
and TYC or contract program employees to appeal decisions made by TYC or contract
program employees to the TYC
executive director
[
(b)
An appeal to the executive director may be filed
,
after all preliminary levels of appeal have been exhausted,
concerning
any TYC or contract program employee decision regarding a complaint[
(c)
A direct appeal to the executive director may be filed
in matters limited to:
(1)
parole revocation;
(2)
reclassification;
(3)
classification;
(4)
a disciplinary transfer or assigned disciplinary length
of stay under (GAP) §95.11 of this title (relating to Disciplinary Transfer/Assigned
Minimum Length of Stay Consequence);
(5)
behavior management program length of stay and extension
under (GAP) §95.17 of this title (relating to Behavior Management Program);
(6)
aggression management program length of stay under (GAP) §95.21
of this title (relating to Aggression Management Program);
(7)
a disapproved home evaluation;
(8)
the results of an alleged mistreatment investigation under
(GAP).§93.33 of this title (relating to Alleged Mistreatment);
(9)
an appeal of a level IV hearing
when a youth is being detained in a location other than a TYC operated institution;
(10)
[
(11)
[
(12)
a decision from a Title IV-E
hearing.
(d)
All appeals to the executive director must be filed within
six months of the decision being appealed. Appeals filed after that time may
be considered, at the discretion of the executive director.
(e)
The executive director shall respond to each appeal, in
writing, within 30 working days after receipt of the appeal. When the response
cannot be completed within 30 working days, a delay letter explaining that
the decision is delayed but will be forthcoming is sent to the complainant.
Failure to respond to an appeal within this time period will constitute an
exhaustion of administrative remedy for purposes of appeal to the courts,
but will not be construed as acceptance or rejection of any contention made
in the appeal.
(f)
Opinions are distributed to the youth, the youth's attorney
or representative, if any and certain TYC staff.
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 April 4, 2001.
TRD-200101975
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 424-6301
Subchapter B. DUE PROCESS HEARINGS PROCEDURES
37 TAC §§95.51, 95.55, 95.57, 95.59
The Texas Youth Commission (TYC) proposes an amendment to §95.51,
concerning Level I Hearing Procedure;§95.55, concerning Level II Hearing
Procedure; §95.57, concerning Level III Hearing Procedure; §95.59,
concerning Level IV Hearing Procedure. The amendment to §95.51 simplifies
the manner in which the primary service worker requests a hearing from the
legal services department and minor grammar changes. The amendment to §95.55
includes only minor grammatical changes, and clarifies when a level II hearing
must be scheduled when a youth is admitted to the institution detention program.
The amendment to §95.57 will clarify when the rule is applicable to determine
minor disciplinary consequences for youth on parole. The amendment to §95.59
adds that a youth pending charges or pending a trial is eligible for a level
IV hearing. The amendment also clarifies that numbers of days are considered
working days as well as defines that a hearing must be held in a community
detention facility unless it is properly waived, further detention is necessary,
and the level I or II hearing cannot be held within ten days. A change was
made to state that the decision-maker in a hearing must not be the person
who requested the youth's detention in an institution detention program or
in a community detention program. Clarifications were made stating the youth's
release must occur if the hearing is not timely held or properly waived. Other
changes involve a youth's right to appeal. The youth will be notified in writing
of the right to appeal. For youth in institution detention, the first and
second level IV hearing appeals will be to the superintendent. An automatic
appeal to the executive director will occur on the third and subsequent appeals
even if the youth waives the hearing. For youth being detained elsewhere,
appeals of a level IV hearing will be to the executive director. Other changes
to the rule were minor grammatical changes.
Don McCullough, Acting 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. McCullough 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 increased accountability placed on TYC youth
as well as increased due process for youth to ensure their rights are protected.
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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendments are proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
treatment and liberty under supervision when behavior is conducive.
The proposed rules affect the Human Resource Code, §61.034.
§95.51.Level I Hearing Procedure.
(a)
Purpose. The purpose of this rule is to establish
a
[
(1)
parole revocation
(2)
reclassification
(3)
extension of time to treat a psychiatric disorder in connection
with a Corsicana Stabilization Unit placement at the Corsicana Residential
Treatment Center (as appropriate).
(b)
Applicability.
(1)
See (GAP) §95.53 of this title (relating to Level
I Hearing by Telephone) for circumstances in which the hearing may be conducted
by telephone.
(2)
See (GAP) §95.9 of this title (relating to Parole
Revocation Consequence).
(3)
See (GAP) §95.7 of this title (relating to Reclassification
Consequence).
(4)
See (GAP) §87.67 of this title (relating to Corsicana
Stabilization Unit).
(c)
Explanation of Terms Used. Preponderance of the evidence
- a standard of proof meaning the greater weight and degree of credible evidence
admitted at the hearing, e.g., whether the credible evidence makes it more
likely than not that a particular proposition is true.
(d)
Procedure.
(1)
The hearing shall be conducted by a hearings examiner appointed
by the Texas Youth Commission (TYC) hearings section chief. The hearings examiner
shall be impartial.
(2)
The hearing shall be conducted in two parts: fact-finding
and disposition.
(A)
The purpose of the fact-finding shall be to establish whether
the youth's behavior and/or circumstances require that action be taken.
(B)
The purpose of the disposition shall be to determine whether
the action proposed by TYC staff is appropriate under TYC policy.
(3)
The person requesting a hearing shall appoint a staff representative
to appear at the hearing and present the reasons for the proposed action.
The staff representative shall also be responsible for making relevant information
available to all parties to the hearing.
(4)
The youth shall be assisted by legal counsel at the hearing.
The agency will arrange counsel for indigent youth.
(5)
The primary service worker
(PSW) requests
[
(6)
The date and time for the hearing shall be determined by
the hearings examiner.
(7)
The hearing shall be held in the community where the alleged
rule violation occurred unless, for good cause, the hearings examiner directs
that it be held in another locale.
(8)
All necessary parties shall be present at the hearing site
unless it is conducted pursuant to (GAP) §95.53 of this title (relating
to Level I Hearing by Telephone).
(9)
The staff representative shall provide the youth with written
notice of the date and time of the hearing not less than three working days
before the scheduled date. This notice shall include:
(A)
the reason(s) for the hearing;
(B)
the proposed action to be taken; and
(C)
the youth's rights in connection with the hearing.
(10)
The staff representative shall make reasonable efforts
to inform the youth's parent(s) of the date, time and place of the hearing
not less than three working days prior to the scheduled hearing date.
(11)
The staff representative shall provide counsel for the
youth with written notice of the date, time, and place of the hearing not
less than three working days prior to the scheduled hearing date. The notice
to counsel shall also include:
(A)
the name, address, and telephone number of the staff representative
and the hearings examiner;
(B)
a list of all witnesses the staff representative intends
to call;
(C)
an indication of the expected testimony of each witness;
(D)
copies of any statements made by the youth;
(E)
copies of any statements, affidavits, reports, or other
documentation relied upon as grounds for the proposed action; and
(F)
copies of any reports or summaries which will be relied
upon at disposition.
(12)
Requests for continuance or postponement shall be directed
to the hearings examiner.
(13)
If requested by counsel, the hearings examiner shall postpone
the hearing [
(14)
As soon as possible following receipt of the notice of
hearing, and no later than the commencement of the hearing, counsel shall
inform the staff representative of any witnesses he wishes to call on behalf
of the youth. The staff representative will, if necessary, assist counsel
in contacting those witnesses and securing their attendance at the hearing.
(15)
The staff representative shall provide counsel for the
youth with reasonable access to all information concerning the youth, which
is held by TYC. Counsel for the youth will respect the confidential nature
of such information and will comply with reasonable requests to withhold sensitive
information from the youth or his family.
(16)
Prior to the hearing, the hearings examiner may review
copies of any documentation previously provided to counsel except for those
documents which relate solely to dispositional criteria. Such information
shall be made available to the hearings examiner only if the hearing proceeds
to disposition.
(17)
If necessary, the hearings examiner may direct that a
subpoena be issued to compel the attendance of a witness at the hearing or
the production of books, records, papers, or other objects.
(A)
Motions for subpoenas shall be addressed to the hearings
examiner and shall state the name and address of the witness or specify the
books, records, papers, or other objects desired and the material and relevant
facts to be proved by them. If the matter of testimony sought is relevant,
material, and necessary and will not result in harassment or undue inconvenience
or expense, the hearing examiner shall direct the issuance of a subpoena.
(B)
Subpoenas shall be issued only after a showing of good
cause and deposit of sums sufficient to insure payment of expenses incident
to the subpoenas. Payment of witness fees shall be in the manner prescribed
in the Administrative Procedure and Texas Register Act (Texas Civil Statutes
Article 6252-13a, §14).
(18)
A victim who appears as a witness should be provided a
waiting area which eliminates or minimizes contact between the victim and
the youth, the youth's family, or witnesses on behalf of the youth.
(19)
To protect the confidential nature of the hearing, persons
other than the youth, counsel for the youth, the staff representative, and
the youth's parent(s) may be excluded from the hearing room at the discretion
of the hearings examiner, however:
(A)
observers may be permitted with the consent of the youth;
(B)
any person except the youth's counsel may be excluded from
the hearing room if their presence causes undue disruption or delay of the
hearing. The reason(s) for the youth's exclusion are stated on the record.
(20)
The hearing shall be tape recorded and the hearings examiner
shall retain copies of all documents admitted into evidence. Physical evidence
may be retained at the discretion of the hearings examiner; if not retained,
an adequate description of the item(s) shall be entered in the record by oral
stipulation.
(21)
Factual issues not in dispute may be stipulated to by
the staff representative and counsel for the youth. Such stipulations shall
be made on the record of the hearing.
(22)
A youth accused of misconduct shall be given the opportunity
to respond "true" or "not true" to each allegation of such conduct prior to
any evidence being heard on such allegations.
(A)
The youth shall have a right to respond "not true" to any
such allegation and require that proof of the allegation be presented at the
hearing.
(B)
A response of "true" to any such allegation shall be sufficient
to establish each and every element necessary to proof of that allegation
without the presentation of any other evidence.
(23)
All witnesses shall take an oath to testify truthfully.
(24)
With the exception of the youth, any person designated
as a witness may be excluded from the hearing room during the testimony of
other witnesses and may be instructed to refrain from discussing their testimony
with anyone until all the witnesses have been dismissed.
(25)
The hearings examiner may question each witness at his
discretion. Counsel for the youth and the staff representative shall be given
an opportunity to question each witness.
(26)
The hearings examiner may permit a witness to testify
outside the presence of the youth if such appears reasonable and necessary
to secure the testimony of the witness. If the youth is excluded from the
hearing room during testimony, counsel for the youth shall be present during
the testimony and shall have the opportunity to review the testimony with
the youth before questioning the witness.
(27)
The youth shall not be called as a witness unless, after
consulting with counsel, he or she waives his right to remain silent on the
record.
(A)
The youth's failure to testify shall not create a presumption
against him.
(B)
A youth who waives his right to remain silent may only
be questioned concerning those issues addressed by his testimony.
(28)
All factual issues shall be determined by a preponderance
of the evidence.
(29)
The hearings examiner shall determine the admissibility
of evidence. Irrelevant, immaterial, or unduly repetitious evidence shall
be excluded.
(30)
The rules of evidence will generally be applicable
,
[
(31)
Copies of due process hearing documents need not be certified
if such document(s) are part of the youth's record(s).
(32)
Accomplice testimony is sufficient to prove an allegation
if it is corroborated by other evidence tending to connect the youth with
the alleged violation. The corroboration is not sufficient if it merely shows
the commission of the violation alleged. If two accomplices testify, the testimony
of each can serve to corroborate the other.
(33)
Legally recognized privileges of relationships will be
given effect.
(34)
Evidence otherwise admissible may be received in written
form if so doing will expedite the hearing and will not significantly prejudice
the rights or interests of the youth.
(35)
A youth's written statement concerning his possible involvement
in illegal activities is admissible if it is signed by the youth and accompanied
by evidence indicating that the youth made the statement voluntarily after
being advised of:
(A)
his right to remain silent;
(B)
the possible consequences of giving the statement;
(C)
his right to consult with an attorney prior to giving the
statement; and
(D)
his right to have an attorney provided for him if he is
indigent.
(36)
A youth's oral statement is admissible only if it relates
facts which would not have otherwise been discovered, are found to be true
and which tend to establish the youth's involvement in illegal activities.
(37)
The hearings examiner shall rule immediately on any motions
or objections made in the course of the hearing. All such motions, objections,
and rulings shall be included in the hearings examiner's written report.
(38)
The hearings examiner may, for good cause, recess or continue
the hearing for such period(s) of time as may be necessary to insure an informed
and accurate fact-finding.
(39)
Following the presentation of all evidence pertaining
to the factual issues raised at the hearing, the hearings examiner shall announce
his findings as to those issues.
(A)
When the fact-finding concerns an allegation of criminal
conduct, the hearings examiner may find that the evidence suffices to prove
an offense other than that originally alleged and enter the appropriate allegation
in the record if the original allegation gave sufficient notice of the offense
proved.
(B)
Irrespective of the evidence, the hearings examiner may
not find a criminal offense more serious than that originally alleged unless
the original allegation has been amended on the record and after notice to
counsel for the youth.
(C)
If the hearings examiner's findings require that disposition
be made, the hearing shall proceed to disposition; if not, the hearing shall
be adjourned with no change in the youth's status.
(40)
The hearings examiner may receive additional evidence
for purposes of disposition. The evidence received at disposition may be in
the form of testimony from witnesses submitted during fact finding or at disposition,
as well as written reports offered by youth, staff, professionals, counselors
or consultants. Relevant documents contained in the youth's record may be
admitted and considered. All written documents offered shall be provided to
the parties three (3) days prior to the hearing unless otherwise waived.
(41)
Following announcement of the decision as to disposition,
the hearings examiner shall inform the youth of his right to appeal any or
all findings and decision made at the hearing.
(42)
Immediately following the close of the hearing, the hearings
examiner shall give youth a copy of the Hearing Examiner's Report of a Level
I Hearing, CCF-160.
(43)
A notice of appeal or request for a rehearing shall not
suspend implementation of the hearings examiner's decision(s), which shall
be effective when announced at the hearing.
(44)
As soon as possible following the conclusion of the hearing,
the hearings examiner shall prepare a written report which shall include:
(A)
a summary of the evidence presented;
(B)
findings of fact, including the reliability of the evidence
and the credibility of the witnesses, and the reasons for those findings;
(C)
conclusions of law;
(D)
an explanation of the dispositional decision; and
(E)
rulings made on motions and objections and the reasons
therefor.
(45)
Copies of the hearings examiner's report shall be provided
to counsel for the youth and the staff representative.
(46)
An edited copy of the hearings examiner's report is given
to the youth.
§95.55.Level II Hearing Procedure.
(a)
Purpose. The purpose of this rule is to establish
a
[
(1)
disciplinary transfer;
(2)
disciplinary extension in length of stay;
(3)
admission to a behavior management program (BMP);
(4)
admission to the aggression management program (AMP);
(5)
with a few exceptions in procedure:
(A)
admission to the Corsicana Stabilization Unit, Corsicana
Residential Treatment Center; and
(B)
extension of time to treat a psychiatric disorder in connection
with a Corsicana Stabilization Unit placement at the Corsicana Residential
Treatment Center (as appropriate).
(b)
Applicability.
(1)
For the highest level of due process, see (GAP) §95.51
of this title (relating to Level I Hearing Procedure).
(2)
See (GAP) §95.11 of this title (relating to Disciplinary
Transfer/Assigned Minimum Length of Stay Consequence).
(3)
See (GAP) § 95.17 of this title (relating to Behavior
Management Program).
(4)
See (GAP) §95.21 of this title (relating to Aggression
Management Program).
(5)
See (GAP) §87.67 of this title (relating to Corsicana
Stabilization Unit).
(6)
For exceptions in procedures used for admission to Corsicana
Stabilization Unit, Corsicana Residential Treatment Center, and extension
of time to treat the psychiatric disorder, see (GAP) §95.71 of this title
(relating to Mental Health Status Review Hearing Procedure).
(c)
Explanation of Terms Used. Preponderance of the evidence
- a standard of proof meaning the greater weight and degree of credible evidence
admitted at the hearing, e.g., whether the credible evidence makes it more
likely than not that a particular proposition is true.
(d)
Procedure.
(1)
The designated primary service worker (PSW) or the administrative
duty officer (ADO), shall request permission to schedule a hearing from the
appropriate supervisor, institutional superintendent, halfway house superintendent,
parole supervisor, or quality assurance administrator. The hearing must be
scheduled as soon as practical but not later than seven days, excluding weekends
and holidays, after the alleged violation. A delay of more than seven days
in scheduling the hearing must be justified by documentation of circumstances,
which made it impossible, impractical, or inappropriate to schedule the hearing.
Failure to document circumstances making it impossible, impractical, or inappropriate
to schedule the hearing may result in a dismissal or reversal of the decision
of the hearing manager.
(2)
Failure to document circumstances
making it impossible, impractical, or inappropriate to conduct the hearing
may result in a dismissal or reversal of the decision of the hearing manager.
(3)
[
(4)
[
(5)
[
(A)
If the youth is currently assigned to an institution, the
hearing manager shall be someone not directly responsible for supervising
the youth.
(B)
If the youth is currently assigned to a halfway house,
the hearing manager shall not be a member of the halfway house staff.
(C)
If the youth is currently assigned to a contract program,
the hearing manager shall not be the TYC quality assurance specialist assigned
to that youth.
(D)
If the youth is currently assigned to his or her home,
the hearing manager shall not be the parole officer assigned to the youth's
case.
(6)
[
(7)
[
(A)
the right to remain silent;
(B)
the right to be assisted by an advocate at the hearing;
(C)
the right to confront and cross-examine adverse witnesses
who testify at the hearing;
(D)
the right to contest adverse evidence admitted at the hearing;
(E)
the right to call readily available witnesses and present
readily available evidence on his own behalf at the hearing; and
(F)
the right to appeal [
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(A)
A waiver of the youth's presence shall be in writing and
signed by the youth and his advocate. If the youth does not sign the waiver
for any reason, his presence is not waived.
(B)
If the youth waives his presence, the hearing may be conducted
by teleconference.
(C)
If a youth is excluded for behavioral reasons, those reasons
shall be documented in the hearing record.
(D)
A true plea cannot be entered on behalf of a youth who
has waived his presence at the hearing.
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(A)
The youth's failure to testify shall not create a presumption
against him.
(B)
A youth who waives his right to remain silent may only
be questioned concerning those issues addressed by his testimony.
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(A)
A hearing manager's decision that a youth be transferred
is final.
(B)
A hearing manager's decision to assign a disciplinary minimum
length of stay (with or without a transfer) is final subject to approval by
the appropriate director of juvenile corrections or designee. If, subsequent
to the assignment of a disciplinary minimum length of stay, the appropriate
director of juvenile corrections disapproves the assignment, neither the assignment
nor a transfer may then occur.
(C)
A hearing manager's decision that a youth will be transferred
and/or an assigned a length of stay in a disciplinary segregation program
is final subject to an appeal by the youth.
(26)
[
(27)
[
(28)
[
§95.57.Level III Hearing Procedure.
(a)
Purpose. The purpose of this rule is to establish a hearing
procedure as the appropriate informal due process for immediately imposing
disciplinary consequences [
(b)
Applicability.
(1)
See (GAP) §95.13 of this title (relating to On-Site
Disciplinary Consequences); and
(2)
when a level III hearing is conducted to determine admission
or extension to the security program, also see the requirements of (GAP) §97.40
of this title (relating to Security Program).
(3)
when a level III hearing is
conducted to determine minor disciplinary consequences for youth on parole
according to (GAP)§95.15 of this title (relating to Parole Minor Disciplinary
Consequences).
(c)
Prior to assigning an on-site consequence, staff shall
follow basic minimum due process procedure to ensure that the youth is aware
of the alleged misconduct and the consequence, and is given opportunity to
speak on his or her behalf.
(d)
To initiate the level III hearing, the youth will be notified
orally of the time and date of the hearing, the rule violation(s) and the
recommended consequences to be imposed prior to implementing any action.
(e)
The youth has the right and will be given the opportunity
to speak on his or her behalf regarding alleged misconduct or the appropriateness
of the disciplinary measure.
(f)
If the level III hearing involves a decision for admission
or an extension to the security program the youth will be appointed an advocate.
(g)
The administrator may consider any reasonably reliable
information in reaching a decision regarding the truth of the youth's alleged
misconduct and the appropriateness of the disciplinary consequences.
(h)
If the hearing administrator has reasonable grounds to
believe the violation occurred, the appropriate disciplinary consequence may
be imposed, unless there is a finding of extenuating circumstances to the
commission of the violation.
(i)
The youth may appeal the disciplinary decision to the appropriate
staff or team on grounds that:
(1)
he did not commit the violation as alleged; or
(2)
the disciplinary measure imposed was inappropriate; or
(3)
there were extenuating circumstances to the commission
of the violation.
(j)
If the disciplinary decision is determined to be inappropriate
it will be removed from the youth's behavioral record, and staff or team may
determine some form of equitable relief for a youth who has already completed
a disciplinary measure and/or has been adversely affected.
§95.59.Level IV Hearing Procedure.
(a)
Purpose. The purpose of this rule is to establish a procedure
to determine whether justification exists to warrant holding a youth in detention
pending
charges or
a hearing or trial [
(b)
Applicability.
(1)
The level I due process procedures referred to herein are
found in (GAP) §95.51 of this title (relating to Level I Hearing Procedure).
(2)
The level II due process procedures referred to herein
are found in (GAP) §95.55 of this title (relating to Level II Hearing
Procedure).
(c)
A detention review hearing procedure (level IV hearing)
shall be held to determine whether justification exists to warrant holding
a youth in detention pending a hearing or trial when a level I or II hearing
or a trial is not held and continued detention is necessary and appropriate
based stated criteria in (GAP) §97.41 of this title (relating to Community
Detention) or (GAP) §97.43 of this title (relating to Institution Detention
Program). The timing of the required due process level IV hearing is related
to the facility in which the youth is detained. A detention review hearing
will be conducted by
Texas Youth Commission (TYC)
[
(1)
for youth [
(A)
on or before 72 hours from admission to the institution
detention program
, or the next working day
; and
(B)
within ten working days of the previous detention review
hearing.
(2)
for a youth held in
a
community detention
facility the detention hearing will be held on or before the tenth working
day of detention if;
[
(A)
a detention hearing is not
waived or conducted by the community for a TYC youth;
(B)
the level I or II hearing or
trial cannot be held within ten working days; and
(C)
further detention is necessary
and appropriate.
(d)
Procedure.
(1)
Decision Maker.
(A)
A parole supervisor, quality assurance administrator, halfway
house superintendent, or an institution superintendent shall appoint a decision-maker,
who will schedule the hearing.
(B)
The decision-maker shall be impartial and shall not have
been the person who
requested or
admitted the youth to the security
intake
,
or the institution detention program
, or community
detention
.
(2)
Detention Review Hearings.
(A)
The youth has a right and shall be informed of his
/her
right to be represented:
(i)
in a level I hearing, a youth shall be represented by counsel.
Counsel is:
(I)
an attorney obtained by the youth; or
(II)
the attorney appointed to represent the youth.
(ii)
in a level II hearing or pending a trial, a youth shall
be represented by a youth advocate. If the trial attorney chooses to be the
youth's advocate in a level IV hearing,
the attorney
[
(B)
The youth may waive the level IV hearing after being advised
by an attorney (for a level I hearing) or an advocate (for a level II hearing
or trial
).
(C)
The hearing shall be tape-recorded and the recording shall
be the official record of the hearing. Tape recordings shall be preserved
for six months following the hearing.
(D)
When a detention review is necessary due to the adjournment
of a level I telephone hearing under (GAP) §95.53 of this title (relating
to Level I Hearing by Telephone), the hearings examiner may conduct a level
IV hearing following adjournment of the telephone hearing.
(E)
The staff responsible for calling for the level I or II
hearing, or the Primary Service Worker (PSW) of the youth being held for trial
must show cause to detain the youth pending the hearing or trial. The attorney
or advocate may present evidence as to why the youth should not be detained.
(3)
The Decision.
(A)
The decision-maker shall base
his/her
[
(B)
If criteria are not met, the youth must be released to
his
/her
assigned location.
(C)
If a level IV hearing is not
timely held or is not properly waived, the youth shall be released to his/her
assigned location.
(4)
Appeal.
(A)
The youth is
notified in writing
[
(i)
For youth held in an institution
detention program, an automatic appeal to the executive director will be filed
on the third and subsequent level IV hearing to determine if the institution
detention criteria have been proven, even if the youth waives the level IV
hearing. The PSW will initiate the automatic appeal.
(ii)
For all other youth in alternative
detention facilities level IV hearing appeals will be to the executive director
to (GAP) §93.53 of this title (relating to Appeal to Executive Director).
(B)
The pendency of an appeal shall not preclude implementation
of the decision-maker's dispositional decision
.
[
[
For youth assigned to a TYC
institution, who are held in an institution detention program, an automatic
appeal to the executive director will be filed on the third and subsequent
level IV hearing to determine if the institution detention criteria have been
proven. The PSW will initiate the automatic appeal.]
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 April 4, 2001.
TRD-200101974
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 424-6301
Subchapter A. SECURITY AND CONTROL
37 TAC §97.37, §97.40
The Texas Youth Commission (TYC) proposes an amendment to §97.37,
concerning Security Intake and §97.40, concerning Security Program. The
amendment to §97.37 specifies that if admission criteria are met, the
designated staff may admit youth to the security intake for up to 24 hours.
If the criteria are not met or the policy and procedures are not followed,
the youth must be released from the security unit. The amendment also allows
a youth to appeal his/her admission through the youth complaint system. All
specific operation procedures were removed from the rule section and placed
in the management requirements. Other minor grammatical changes were also
made to the rule. The amendment to §97.40 clarifies the time frame for
which admission decisions must be reviewed. Included throughout the rule is
the provision for a youth to be returned to general population if the criteria
are not met and policy and procedures are not followed. Other changes include
that the admission criteria must be found true with no extenuating circumstances
in order for a youth to be admitted into the security program. All youth will
be notified in writing the outcome of an appeal. All program requirements
were removed from the rule and were placed in the management section of the
policy, as they are internal operating procedures for the unit. Other grammatical
changes were made to make language consistent throughout the rule.
Don McCullough, Acting 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. McCullough 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 a clearer definition of the intent of the
rule as well as establish guidelines for putting the rule into effect and
clarifying expectations of operating the security program and added provisions
of due process for youth. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendments are proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
and facilities.
The proposed rules affect the Human Resource Code, §61.034.
§§97.37.Security Intake [
(a)
Purpose. The purpose of this rule is to establish criteria
and procedure for segregating youth from the general population under certain
circumstances. Each Texas Youth Commission (TYC) operated high restriction
facility or secure contract program provides for segregation programs. Placement
in a segregation program may be imposed only in specific situations for specified
periods of time. Youth who may be eligible for a placement in a segregation
program may be initially referred to the security intake. Such youth are placed
into a secure setting that is controlled exclusively by staff.
(b)
Applicability. This rule does not apply to:
(1)
the use of the same or adjacent space when used specifically
as a security program. See (GAP) §97.40 of this title (relating to Security
Program);
(2)
the use of the same or adjacent space when used specifically
as detention in lieu-of-county detention or specifically as institution detention.
See (GAP) §97.43 of this title (relating to Institution Detention Program);
(3)
the use of the same or adjacent space when used specifically
as a disciplinary segregation program. See (GAP) §95.17 of this title
(relating to Behavior Management Program);
(4)
the use of the same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation); and
(5)
the aggression management program (AMP). See (GAP) §95.21
of this title (relating to Aggression Management Program).
(c)
Referral and Admission Criteria. A youth may be admitted
to security intake if there is reason to believe, based on overt acts by the
youth, and/or under the following circumstances:
(1)
the youth is a serious and continuing escape risk; or
(2)
the youth is a serious and immediate physical danger to
himself/herself
[
(3)
confinement is necessary to prevent imminent and substantial
destruction of property; or
(4)
confinement is necessary to control behavior that creates
disruption of the youth's current program; or
(5)
the youth requests confinement, unless campus-wide self
referrals have been disallowed by the superintendent or designee; or
(6)
staff requests detention for a youth.
(d)
Referral and Admission Process.
(1)
A youth may be referred to the security intake by staff
or at the youth's own request.
(2)
A youth may be held in security intake on referral for
up to one hour.
(3)
The superintendent or designee may extend the one-hour
time limit up to one additional hour if requested and necessary in order to
make a proper decision.
(4)
Within one hour (or two hours if an extension has been
granted) of the youth's arrival at security intake, the designated staff shall
determine whether criteria for admission have been met.
If admission
criteria are met, designated staff may admit youth to the security intake
for up to 24 hours.
(5)
Designated staff include the superintendent, assistant
superintendent, administrative duty officer (ADO), program administrator (PA),
institution placement coordinator (IPC), principal,
psychologist,
[
(6)
The director of security or designee will review all admission
decisions
within one working day
to determine if admission criteria
have been met.
If the criteria are not met or policy and procedures are
not followed, the youth will be released from the security unit.
The
director of security or designee shall not have been involved in the admission
decision.
(7)
A youth may appeal the admission decision
to the security intake through the youth complaint system as defined in (GAP) §93.31
of this title (relating to Complaint Resolution System).
[(7)
As a result of the review, staff may
release youth to general population or admit the youth to the security intake
unit for up to 24 hours.]
[(8)
The appeal of an admission to security
intake will be to the superintendent, assistant superintendent or the administrative
duty officer (ADO) as long as they were not the admitting staff.]
(e)
Security Intake Termination/Other Segregation Programs.
(1)
Within 24 hours of admission to security intake, a youth
shall be:
(A)
released to the general population; or
(B)
admitted to one of the following programs:
(i)
security program - if it is determined that there are reasonable
grounds to believe one or more of the security program admission criteria
is occurring. See (GAP) §97.40 of this title (relating to Security Program);
(ii)
institution detention program - if it is determined that
there are reasonable grounds to believe one or more of the institution detention
admission criteria is occurring. See (GAP) §97.43 of this title (relating
to Institution Detention Program).
(2)
Youth may be released by the director of security or any
designated staff authorized to admit youth in this policy.
(f)
Restrictions.
(1)
Segregation shall not be used for retribution at any time.
(2)
No minimum length of time in security intake shall be imposed.
(3)
The superintendent or designee may disallow the self-referrals
campus-wide at
his/her
[
[(g)
Program Requirements.]
[(1)
Doors of individual security intake rooms may be locked
during the process of referral to security intake, and will be locked following
admission.]
[(2)
All segregation programs will ensure at a minimum the
following:]
[(A)
appropriate psychological and medical services;]
[(B)
the same food, including snacks prepared in the same manner
as for other youth except for special diets that are prescribed on an individual
basis by a physician, dentist or psychiatrist or approved by a chaplain;]
[(C)
one hour of large muscle exercise daily; and]
[(D)
appropriate educational services.]
[(3)
The assistant deputy executive director of juvenile corrections
will approve a standardized program and rules for the security unit.]
[(4)
The director of security will post the program schedule
and rules of the security unit and ensure the rules are reviewed with and
signed by the youth.]
[(5)
Youth will engage in the standardized program and comply
with the rules of the security unit, but if programming is not provided, youth
may remain on their mattresses during that time.]
§§97.40.Security Program.
(a)
Purpose. The purpose of this rule is to provide for a security
program in Texas Youth Commission (TYC) institutions and secure contract programs
for the placement of out of control youth when specific criteria are met and
to establish program operation requirements. Assurance that youth is sufficiently
in control to be returned to general population is affirmed by compliance
with the standardized program or rules of the security program which are supplied
to the youth upon admission to security intake.
(b)
Applicability.
(1)
This rule does not apply to:
(A)
the use of the same or adjacent space when used specifically
as security intake. See (GAP) §97.37 of this title (relating to Security
Intake);
(B)
the use of the same or adjacent space when used specifically
as detention in a TYC institution. See (GAP) §97.43 of this title (relating
to Institution Detention Program);
(C)
the use of the same or adjacent space when used specifically
as disciplinary segregation. See (GAP) §95.17 of this title (relating
to Behavior Management Program);
(D)
the use of the same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation);
(E)
the aggression management program (AMP). See (GAP) §95.21
of this title (relating to Aggression Management Program).
(2)
When a level III hearing is conducted to determine admission
or an extension to the security program, this policy needs to be read in conjunction
with (GAP) §95.57 of this title (relating to Level III Hearing Procedure).
(c)
Admission Criteria. A youth may be admitted to the security
program if there is reason to believe, based on overt acts by the youth, and/or
under the following circumstances:
(1)
the youth is a serious and continuing escape risk; or
(2)
the youth is a serious and immediate physical danger to
himself/herself
[
(3)
the confinement is necessary to prevent imminent and substantial
destruction of property; or
(4)
the confinement is necessary to control behavior that creates
disruption of the youth's current program; or
(5)
the youth is not complying with the standardized program
or rules of the security unit while in security intake or in the security
program; or
(6)
upon the youth's own request, unless campus-wide self referral
has been disallowed by the superintendent or designee.
(d)
Admission Process.
(1)
A decision-maker is appointed by the superintendent to
conduct a level III hearing to determine whether admission criteria have been
met. As a result of the hearing, the youth shall be either:
(A)
released to the general population; or
(B)
admitted to the security program for up to 24 hours.
(2)
The following staff may be appointed to be the decision-maker:
superintendent, assistant superintendent, administrative duty officer (ADO),
program administrator (PA), institution placement coordinator (IPC), principal,
psychologist,
[
(3)
Based upon a finding of true to the admission
criteria, and no extenuating circumstances, the youth will be admitted into
the security program.
(4)
[
[(4)
Based upon a finding of true to the admission
criteria, and no extenuating circumstances, the youth will be admitted into
the security program.]
(5)
The youth will be notified
in writing
of
his/her
[
(6)
The youth's advocate will be assigned by the decision-maker
for the level III due process hearing. Whenever practical, the advocate may
be a person chosen by the youth.
(7)
The youth may be released from the security program by
the director of security or designated staff authorized to admit youth in
this policy.
(e)
Restrictions.
(1)
A youth shall not remain in the security program more than
24 hours from admission to the program solely on the basis of the behavior
for which he was admitted to security intake
or security program
.
(2)
A youth shall not remain in the security program more than
24 hours from admission without the required extended stay due process hearing
protections.
(f)
Extended Stay Requirements.
(1)
A youth's stay in the security program may be extended
beyond the 24 hours from admission to the program if there are reasonable
grounds to believe that one of the admission criteria to
the
security
program
is continuing.
(2)
Extended confinement due process protections will be provided
to determine whether reasonable grounds exist for the youth to remain in the
security program longer than 24 hours.
(A)
A level III hearing is afforded the youth before security
program confinement is extended past 24 hours.
(B)
A decision-maker is appointed by the superintendent to
determine the reasons for the extended confinement and make a decision on
the facts presented.
(C)
The following staff may be appointed to be the decision-maker:
superintendent, assistant superintendent,
ADO
[
(D)
Based upon a finding of true to the admission
criteria, and no extenuating circumstances, the youth's stay in the security
program may be extended up to an additional 24 hours.
(E)
[
[
Based upon a finding of true
to the admission criteria, and no extenuating circumstances, the youth's stay
in the security program may be extended up to an additional 24 hours.]
(F)
The youth will be notified in writing of
his/her
[
(3)
After the initial level III due process extension hearing,
up to five subsequent level III hearings may be conducted as set forth in
paragraph (2) of this subsection, every 24 hours thereafter for additional
extensions of up to 24 hours for up to 168 hours from admission into the security
program.
(4)
After 168 hours, a due process extension level III hearing
will be conducted as set forth in paragraph (2) of this subsection for an
additional extension of up to 72 hours for up to 240 hours from admission
into the security program.
(A)
The appropriate director of juvenile corrections will
review
[
(B)
The youth will be notified in writing of his/her right
to appeal.
The extension decision [
(5)
After 240 hours, a due process extension level III hearing
will be conducted as set forth in paragraph (2) of this subsection every 72
hours thereafter for only two additional extensions of up to 72 hours each.
(A)
The assistant deputy executive director for juvenile corrections
will
review
[
(B)
The youth will be notified in writing of his/her right
to appeal. The extension
(6)
After 384 hours (16 days), the youth shall be either released
back to the general population or
the assistant deputy executive director
for juvenile corrections must recommend other alternatives
[
(7)
If [
[(g)
Program Requirements.]
[(1)
Individual doors are locked.]
[(2)
All segregation programs will ensure at a minimum the
following:]
[(A)
appropriate psychological and medical services;]
[(B)
the same food, including snacks prepared in the same manner
as for other youth except for special diets that are prescribed on an individual
basis by a physician, dentist or psychiatrist or approved by a chaplain;]
[(C)
one hour of large muscle exercise daily; and]
[(D)
appropriate educational services.]
[(3)
The assistant deputy executive director for juvenile corrections
will approve a standardized program and rules for the security unit.]
[(4)
The director of security will post the program schedule
and rules of the security unit and ensure the rules are reviewed with and
signed by the youth.]
[(5)
Youth will engage in the standardized program and comply
with the rules of the security unit, but if programming is not provided, youth
may remain on their mattresses during that time.]
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 April 4, 2001.
TRD-200101977
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 424-6301
37 TAC §97.41
The Texas Youth Commission (TYC) proposes an amendment to §97.41,
concerning Community Detention. The amendment to the section specifies that
a hearing is to be scheduled as soon as practical but no later than seven
days from the date of the alleged violation. When a due process hearing date
and time has been set, the hearing is considered scheduled. Additional clarification
was made to the rule concerning detention hearings. TYC staff in the community
must conduct a detention hearing, if a level I or II hearing cannot be held
within ten working days and the county detention staff has not held a hearing.
Other changes include minor grammatical changes to maintain language consistency
and clarify expectations of the rule.
Don McCullough, Acting 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. McCullough 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 provide a greater accountability for staff to
ensure due process is followed for youth being detained. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.091,
which provides the Texas Youth Commission with the authority to cooperate
with other agencies consistent with their proper function.
The proposed rule affects the Human Resource Code, §61.034.
§97.41.Community Detention.
(a)
Purpose. The purpose of this rule is to establish:
(1)
criteria for detaining youth in detention facilities in
the community (juvenile or adult); and
(2)
expectations for interaction between
Texas Youth Commission
(TYC)
[
(b)
Applicability.
(1)
This rule applies to TYC youth admitted to community detention
facilities.
(2)
This rule does not apply to TYC youth admitted to a TYC
institution detention program. See (GAP) §97.43 of this title (relating
to Institution Detention Program).
(c)
Explanation of Terms Used.
(1)
Detention Hearing - the court hearing required and described
in the Texas Family Code to determine whether conditions exist to justify
a detention order.
(2)
Detention Review Hearing - the TYC hearing required by
this policy, held in lieu of a detention hearing for the same purpose
, also referred to as the level IV hearing.
(3)
Community Detention Facilities - refers to the local detention
facilities designed for either juveniles or for adults
including jail
. References to community staff mean staff who work at community detention
facilities.
(d)
Youth in TYC custody, who are age 17 and younger, may be
referred to juvenile community detention facilities with the consent of local
authorities. Youth in TYC custody who have escaped/absconded from a TYC placement
or violated a condition of parole who are age 17 and older may be referred
to detention in an adult jail facility.
(e)
TYC will utilize community detention facilities in a manner
consistent with local policies. If community detention is not available, a
TYC youth may be detained in a TYC institution detention program of a TYC
training school in lieu of community detention in accordance with (GAP) §97.43
of this title (relating to Institution Detention Program). Detention admission
in a training school may be sought only if a local community detention facility
is not available.
(f)
Criteria for Detention.
(1)
A youth may be detained when there are reasonable grounds
to believe the youth engaged in criminal behavior delinquent conduct, a major
rule violation, or conduct indicating a need for supervision and one of the
following criteria is met:
(A)
the youth is likely to abscond and not appear at a disciplinary
hearing;
(B)
suitable supervision, care, or protection for the youth
is not being provided by the parent or guardian to ensure protection of the
public safety or prevention of youth self-injury and a less restrictive temporary
shelter is not available or is inappropriate; or
(C)
the youth is accused of committing a felony offense and
may be dangerous to himself
/herself
or others if released.
(2)
Youth shall not be placed in detention for the purpose
of punishment.
(3)
A hearing will be scheduled
as soon as practical but no later than seven days, excluding weekends and
holidays, from the date of the alleged violation. A due process hearing or
trial is considered to be scheduled if a due process hearing date and time
has been set or trial is pending.
(g)
Detention Hearing.
(1)
If
a
detention
hearing
[
(2)
If a detention hearing is not
conducted by the community for a TYC youth that is held in a community detention
facility and a level I or II hearing cannot be held within ten working days
and further detention is necessary and appropriate, a TYC staff shall hold
a detention review hearing (level IV hearing) on or before the tenth working
day of detention. See (GAP) §95.59 of this title (relating to Level IV
Hearing Procedure).
[
If detention hearings are
not conducted by the community for a TYC youth that is held in a community
detention facility, TYC staff shall hold a detention review hearing (level
IV hearing) on or before the tenth day of detention when a level I or II hearing
cannot be held within ten days and further detention is necessary and appropriate.
See (GAP) §95.59 of this title (relating to Level IV Hearing Procedure).]
(h)
Disposition.
(1)
If the parole officer or other
referring
[
(2)
Even if TYC staff receives information that
additional
criminal or delinquent proceedings against the youth are planned, pending,
or anticipated by local authorities, TYC may continue to hold the youth in
detention and may schedule and hold an administrative
due process
hearing.
(i)
Procedure.
(1)
Upon notification by detention staff,
the
[
(2)
If the parole officer or other staff determines that there
is probable cause to believe that offenses have been committed and that detention
is warranted,
he/she
[
(3)
The referring
[
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 April 4, 2001.
TRD-200101972
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 424-6301
37 TAC §97.43
The Texas Youth Commission (TYC) proposes an amendment to §97.43,
concerning Institution Detention Program. The amendment to the section includes
several minor grammatical changes and changes to phrases that are used throughout
other rules to ensure consistency in language. Changes also included a provision
for a youth to appeal admission into the institution detention program. Sentence
structure was also changed to clarify criteria for admission and reduce repetitiveness.
Amending the section also included incorporating when a hearing must be scheduled
and the timelines for scheduling. A change was also made to designate which
staff person was responsible for holding a detention hearing. A section was
added to clarify criteria for release from the institution detention program.
All program requirements were deleted from the rule and placed in the management
section as these are operational guidelines and procedures for implementation.
Don McCullough, Acting 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. McCullough 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 increased accountability for staff and youth to adhere
to program guidelines and better definition of the specific programs developed
to help discipline negative behavior. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
in facilities that are charged with custody and rehabilitation of youth.
The proposed rule affects the Human Resource Code, §61.034.
§97.43.Institution Detention Program.
(a)
Purpose. The purpose of this rule is to establish criteria
and procedures for detaining appropriate Texas Youth Commission (TYC) youth
in an Institution Detention Program (IDP) operated within each TYC institution
or secure contract program, who have charges against them pending or filed,
or are awaiting a due process hearing or trial, or [
(b)
Applicability.
(1)
This rule applies to TYC youth detained in TYC operated
institutions or secure contract programs for pre-hearing or post-hearing pending
transportation.
(2)
This rule does not apply to:
(A)
TYC youth detained in community detention facilities. See
(GAP) §97.41 of this title (relating to Community Detention);
(B)
the use of the same or adjacent space when used specifically
as security intake. See (GAP) §97.37 of this title (relating to Security
Intake);
(C)
the use of the same or adjacent space when used specifically
as a security program. See (GAP) §97.40 of this title (relating to Security
Program);
(D)
the use of the same or adjacent space when used specifically
as disciplinary segregation. See (GAP) §95.17 of this title (relating
to Behavior Management Program);
(E)
the use of the same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation);
and
(F)
the aggression management program
(AMP)
. See
(GAP) §95.21 of this title (relating to Aggression Management Program).
(c)
Explanation of Terms Used. Detention Review Hearing - the
TYC level IV hearing required by this policy.
(d)
Criteria for Placement in an Institution Detention Program.
(1)
Designated staff will conduct a review to determine whether
admission criteria have been met.
(2)
Admission Criteria
for Detention Up To 72 Hours
.
(A)
A youth assigned to
a
[
(i)
if the youth is awaiting transportation subsequent to a
due process hearing or trial; or
(ii)
if a due process hearing or trial has been requested in
writing or charges are pending or have been filed;
and
(iii)
there are reasonable grounds to believe the youth has
committed a violation; and
(iv)
one of the following applies:
(I)
suitable alternative placement within the facility is unavailable
due to on-going behavior of the youth that creates disruption of the routine
of the youth's current program; or
(II)
the youth is likely to interfere with the hearing or trial
process; or
(III)
the youth represents a danger to himself
/herself
or others; or
(IV)
the youth has escaped or attempted escape as defined in
(GAP) §97.29 of this title (relating to Escape/Abscondence and Apprehension).
(B)
A youth who is assigned to a placement other than a TYC
operated institution or secure contract program may be detained in a TYC operated
IDP (
up to
[
(i)
if a
due process
[
(ii)
based on current behavior or circumstances,
and
all detention criteria
must have been met as defined
in (GAP) §97.41
of this title (relating to Community Detention)[
(C)
A youth may appeal the admission
decision to the IDP through the youth complaint system as defined in (GAP) §93.31
of this title (relating to Complaint Resolution System).
(3)
Admission
Criteria for Detention Beyond 72 Hours.
(A)
A youth who is assigned to a TYC operated institution may
be detained in the IDP beyond 72 hours[
[
if a due process hearing or
trial has been scheduled or charges are pending or have been filed; and]
[
based on current behavior
or circumstances, all other criteria in paragraph (2) of this subsection have
been met.]
(B)
A youth who is assigned to a placement other than a TYC
operated institution may be detained in a TYC operated IDP
beyond 72
hours
[
[
if a due process hearing or
trial has been scheduled or charges are pending or have been filed; and]
[
based on current behavior
or circumstances, all detention criteria in (GAP) §97.41 of this title
(relating to Community Detention) have been met.]
(4)
A hearing will be scheduled as soon as
practical but no later than seven days, excluding weekends and holidays, from
the date of the alleged violation.
(A)
[
(B)
[
(i)
to TDCJ, ID following a transfer hearing; or
(ii)
to a different placement following a level I or II hearing.
(C)
Transportation should be arranged
immediately to take place within 72 hours and anything past that must have
superintendent's approval.
(e)
Detention Hearings Required for Any Youth Held in an Institution
Detention Program.
(1)
A youth, who meets admission criteria, may be detained
in an IDP for up to 72 hours.
(2)
For extensions beyond 72 hours an initial detention review
hearing (level IV hearing) must be held on or before 72 hours from admission
to the IDP
, or the next working day
.
(3)
Subsequent detention review hearings must be held within
ten working days from the previous detention review hearing when a
due
process
[
(4)
A detention review hearing is not required for youth detained
pending transportation pursuant to subsection (d)(3)(D) of this section.
(5)
Institution or a designated
community staff will hold the required level IV detention review hearings.
The primary service worker (PSW) for youth not assigned to an institution,
will coordinate with institution staff to ensure that hearings are timely
held or waived properly.
(6)
[
[
Institution or a designated
community staff will hold the required level IV detention review hearings.
The primary service worker (PSW) for youth not assigned to an institution,
will coordinate with institution staff to ensure that hearings are held timely
or waived properly.]
(7)
The youth is
notify in writing
[
[
Program Requirements.]
[
Individual doors are locked.]
[
All segregation programs will ensure at a minimum
the following:]
[
appropriate psychological and medical services;]
[
the same food, including snacks prepared in
the same manner as for other youth except for special diets that are prescribed
on an individual basis by a physician, dentist or psychiatrist or approved
by a chaplain;]
[
one hour of large muscle exercise daily; and]
[
appropriate educational services.]
[
The assistant deputy executive director for
juvenile corrections will approve a standardized program and rules for the
security unit. ]
[
The director of security will post the program
schedule and rules of the security unit and ensure the rules are reviewed
with and signed by the youth.]
[
Youth will engage in the standardized program
and comply with the rules of the security unit, but if programming is not
provided, youth may remain on their mattresses during that time.]
(f)
[
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 April 4, 2001.
TRD-200101973
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 424-6301
Chapter 151.
GENERAL PROVISIONS
37 TAC §151.73
The Texas Department of Criminal Justice proposes new §151.73
concerning Texas Board of Criminal Justice vehicle assignments. The purpose
of this new section is for all Agency vehicles to be assigned to the motor
pool and be available for check out.
David P. McNutt, Deputy Director for Administrative Services of the Department
of Criminal Justice, has determined that for each year of the first five-year
period the new section will be in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
new section as proposed.
Mr. McNutt also has determined that for each year of the first five year
period the new section is in effect, the public benefit anticipated as a result
of enforcing the section as proposed will be the availability of all Agency
vehicles to administrative or executive employees on a regular basis in order
to carry out the needs and mission of the Agency. There will be no effect
on small businesses or micro-businesses. There is no anticipated economic
cost to persons required to comply with the new section as proposed.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, carl.reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The new section is proposed under Texas Government Code, §492.013,
which grants general rulemaking authority to the Board and §2171.1045,
which specifically authorizes this section.
Cross Reference to Statute: Texas Government Code, §2171.1045.
§151.73.Texas Board of Criminal Justice Vehicle Assignments.
(a)
It is the policy of the Texas Board of Criminal Justice
that each agency vehicle, with the exception of a vehicle assigned to a field
employee, be assigned to the Agency motor pool and be available for check
out.
(b)
The Agency may assign a vehicle to an individual administrative
or executive employee on a regular or everyday basis, only if the agency makes
a written documented finding that the assignment is critical to the needs
and mission of the agency, such as vehicles used for law enforcement purposes
and vehicles assigned to positions which are required to respond to emergency
situations.
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 April 9, 2001.
TRD-200102013
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 463-9693
Subchapter B. MAXIMUM SYSTEM CAPACITY OF THE INSTITUTIONAL DIVISION
Professionals
]
(HCP)
--any person who has completed a course of study
in a field of health including RN's, physicians, [
and
] dentists
, and mid level practitioners
. The person is usually licensed by a government
agency or certified by a professional organization.
health
care professionals
] is available 24 hours a day.
the facility physician, dentist, psychiatrist, and nurses,
] directly or indirectly through a contract with a health care provider.
The facility physician will act as the local health authority.
his or her
] need for a specific medical procedure
,
which is not generally available.
which
] requires extended specialized care or which prevents
a youth's return to active program participation, the case is reviewed for
possible early discharge and referral for outside medical care.
at release or discharge
], that provides recommendations for follow-up
care when a youth is released or discharged.
Chapter 93.
YOUTH RIGHTS AND REMEDIES
Executive
Director
].
filed through the TYC complaint resolution system, after all preliminary levels
of appeal have been exhausted
].
(9)
] a
result of
[
decision from
]
the third and subsequent
[
a
] level
IV hearing pursuant to (GAP) §95.59 of this title (relating to Level
IV Hearing Procedure)
when a youth is in an institution detention program
;[
or
]
(10)
] a decision from a mental
health status review hearing pursuant to (GAP) §95.71 of this title (relating
to Mental Health Status Review Hearing Procedure);
or
Chapter 95.
YOUTH DISCIPLINE
the rules and
] procedure to be followed when the highest
level of due process is afforded a youth. The level I hearing procedure is
appropriate due process in the following instances.
shall request
] a hearing by completing the Level I Hearing Request E-form
and transmitting it to the legal services department as soon as practical
but no later than seven days, excluding weekends and holidays, after the alleged
violation. A delay of more than seven days in scheduling the hearing must
be justified by documentation of circumstances, which made it impossible,
impractical, or inappropriate to schedule the hearing earlier.
for not more than 10 days following the date upon which
counsel received notice of the hearing
]. The hearings examiner may grant
a postponement for good cause at the request of any party.
.
]
unless
[
Unless
] specifically precluded
by statute, evidence not admissible under those rules may be admitted if it
is of a type commonly relied upon by reasonably prudent
persons
[
men
] in the conduct of their affairs.
the rules and
] procedure to be followed when the second
highest level of due process is afforded a youth. The level II hearing procedure
is appropriate due process in the following instances:
(2)
]
If the youth is admitted
to Institution Detention Program (IDP) pending a level II hearing, the
[
A
] hearing shall be conducted within ten days from date of admission
to detention. A delay of more than ten days in conducting the hearing must
be justified by documentation of circumstances, which made it impossible,
impractical, or inappropriate to conduct the hearing earlier. [
Failure
to document circumstances making it impossible impractical or inappropriate
to conduct the hearing may result in a dismissal or reversal of the decision
of the hearing manager.
]
(3)
] The appropriate supervisor,
institutional superintendent, halfway house superintendent, parole supervisor,
or quality assurance administrator will appoint an impartial staff member
to act as hearing manager.
(4)
] The hearing manager shall be
a Texas Youth Commission (TYC) staff member who is trained to function as
a hearing manager.
(5)
] The youth's PSW shall be responsible
for assembling all evidence and giving all notices required for the hearing.
(6)
] The youth shall be given written
notice of his rights not less than 24 hours prior to the hearing. The youth's
rights are:
from
] the results of the
hearing. The youth's right to appeal cannot be waived.
(7)
] The youth and the youth's advocate
shall be given written notice of the reasons for calling the hearing, the
proposed action to be taken, and the evidence to be relied upon not less than
24 hours prior to the hearing. After receipt of the written notice and consultation
with the advocate, the youth may waive the 24-hour notice period by agreeing,
in writing, to an earlier hearing time.
(8)
] Reasonable efforts shall be
made to inform the youth's parent(s) of the time and place of the hearing
not less than 24 hours prior to the hearing.
(9)
] The hearing shall consist
of two parts: fact-finding and disposition, and shall be held where the youth
resides unless the hearing manager determines that some other site is more
appropriate. During the fact-finding portion of the hearing, only evidence
concerning the alleged misconduct may be considered; the youth's prior behavior
shall not be considered unless disposition is reached.
(10)
] The youth shall be assisted
by an informed and responsible advocate appointed by the hearing manager.
In cases where the youth is not proficient in the English language, the appointed
advocate shall be proficient in
English as well as
the primary
language of the youth or an interpreter shall be used.
(11)
] The hearing shall be tape
recorded and the recording shall be the official record of the hearing.
The tape
[
Tape
] recording and the hearing packet shall be
preserved for six months following the hearing.
(12)
] The youth shall be present
during the hearing unless he waives his presence or his behavior prevents
the hearing from proceeding in an orderly and expeditious fashion.
(13)
] A victim who appears as a
witness should be provided a waiting area where he is not likely to come in
contact with the youth except during the hearing.
(14)
] Witnesses shall take an oath
prior to testifying.
(15)
] The hearing manager, PSW
, and advocate may question each witness in turn. The primary service worker
and advocate may offer summation statements.
(16)
] To protect the confidential
nature of the hearing, persons other than the youth, the youth's advocate,
staff representative, and the youth's parent(s) may be excluded from the hearing
room at the discretion of the hearings manager, however any person except
the youth's advocate may be excluded from the hearing room if their presence
causes undue disruption or delay of the hearing. The reason(s) for the exclusions
are stated on the record.
(17)
] With the exception of the
youth, any person designated as a witness may be excluded from the hearing
room during the testimony of other witnesses and may be instructed to refrain
from discussing their testimony with anyone until all the witnesses have been
dismissed.
(18)
] The hearings manager may
permit a witness to testify outside the presence of the youth if such appears
reasonable and necessary to secure the testimony of the witness. If the youth
is excluded from the hearing room during testimony, the advocate for the youth
shall be present during the testimony and shall have the opportunity to review
the testimony with the youth before questioning the witness.
(19)
] The youth shall not be called
as a witness unless, after consulting with the advocate, he or she waives
his right to remain silent on the record. Neither the hearing manager or the
PSW may question the youth unless he/she waives the right to remain silent.
(20)
] All credible evidence may
be considered, irrespective of its form.
(21)
] The standard of proof for
all disputed issues is a preponderance of the evidence.
(22)
] The hearings manager may,
for good cause, recess or continue the hearing for such period(s) of time
as may be necessary to insure an informed and accurate fact-finding.
(23)
] The hearing manager will
announce his findings of fact.
(24)
] If there is finding of true,
the hearing manager shall proceed to disposition and order the disposition
recommended by the staff representative unless the hearing manager finds extenuating
circumstances.
(25)
] The hearing manager shall
prepare the Hearing Manager's Report of a Level II Hearing form, CCF-170,
of his findings which includes grounds for the hearing and evidence relied
upon and the decision.
(26)
] The youth is informed of
his/her right to appeal to the executive director at the close of the hearing.
The pendency of an appeal shall not preclude implementation of the hearing
manager's dispositional decision.
(27)
] A copy of the report (CCF-170)
is given to the youth immediately following the close of the hearing.
at the site of the youth's program
].
when the hearing or
a trial cannot be held within ten days of the detention
].
TYC
]
staff:
assigned to a TYC institution
] held
in the [
TYC
] institution detention program:
when the level I or II hearing cannot be
held within ten days if the community detention staff does not hold a detention
hearing. The hearing will be conducted ten working days from initial detention.
]
he
]
may represent the youth but is not required to do so.
his or her
] decision on criteria for detention. See criteria in (GAP) §97.41
of this (relating to Community Detention) and (GAP) §97.43 of this title
(relating to Institution Detention Program).
informed
] of his/her right to appeal [
to the executive director pursuant
to (GAP) §93.53 of this title (relating to Appeal to Executive Director)
].
;
]
The PSW shall expedite the appeal by immediately faxing the record and evidence
to the complaint coordinator in the office of general counsel to review the
appeal.
[
however this appeal shall be expedited by the PSW by notifying
the complaint coordinator in the office of general counsel of the appeal and
forwarding the record and evidence by fax for consideration immediately from
notice of appeal.
]
(C)
Chapter 97.
SECURITY AND CONTROL Unit ].
himself or herself
] or others and staff
cannot protect the youth or others except by referring the youth to security
intake; or
a
] caseworker, or [
a
] designated juvenile correctional
officer (JCO) V trained in the security intake policy and procedure to admit
youth to the security intake program. On the late night shift, a JCO IV trained
in the security intake admission policy and procedure may admit a youth to
security intake. The director of security may not admit a youth to security
intake.
his or her
] discretion.
himself or herself
] or others and staff
cannot protect the youth or others except by admitting the youth to security
program; or
a
] caseworker, or [
a
] designated
juvenile correctional officer (JCO) V trained in the security policy and procedure
to admit youth to the program. The director of security may not admit a youth
to security.
(3)
] The director of security or
designee will review all admission decisions
within one working day
to determine if admission criteria have been met.
If criteria have not
been met or policy and procedures not followed, the youth will be returned
to the general population.
The director of security or designee shall
not have been involved in the level III hearing.
his or her
] right to appeal [
in writing
].
The appeal of an admission to the security program will be to the superintendent,
assistant superintendent or the ADO as long as they were not the decision-maker
for admission.
The youth is notified in writing of the outcome of the
appeal.
administrative
duty officer (ADO)
],
PA
[
program administrator (PA)
],
IPC
[
institution placement coordinator (IPC)
],
principal,
psychologist,
[
a
] caseworker, or [
a
] designated
JCO V
[
juvenile correctional officer (JCO)
V
] trained in the security policy and procedure to extend youth in the
program. The director of security may not be the decision-maker.
(D)
] The director of security or
designee will
review
[
approve
] the 24-hour extension
decision
within one working day to determine
if admission criteria
continue to exist based on current behavior.
If criteria have not been
met or policy and procedures have not been followed, the youth will be returned
to the general population.
The director of security or designee shall
not have been involved in the level III hearing.
(E)
his or her
] right to appeal. The appeal of an extension to the
security program will be to the superintendent, assistant superintendent or
the ADO as long as they were not the decision-maker for admission or extension.
The youth is notified in writing of the outcome of the appeal.
approve
] the 72-hour extension decision
within
one working day to determine
if admission criteria continue to exist
based on current behavior.
If the criteria have not been met or policy
and procedures have not been followed, the youth will be returned to the general
population.
approved by the director of
juvenile corrections
] may be appealed to the assistant deputy executive
director for juvenile corrections and the youth is notified in writing of
the outcome of the appeal.
approve
] the 72-hour extension decision
within one working day
if admission criteria continue to exist based
on current behavior.
If the criteria have not been met or policy and
procedures not followed, the youth will be returned to the general population.
[Extension]
decisions [
approved
by the assistant deputy executive director for juvenile corrections
]
may be appealed to the deputy executive director[
,
] and the youth
is notified in writing of the outcome of the appeal.
other
alternatives must be recommended by the assistant deputy executive director
for juvenile corrections
].
admission decision or
] due process extension
hearings are not timely held [
or approved
] the youth shall be released
from the security program.
TYC
] staff and community detention staff when youth
in TYC custody are detained in community detention facilities.
hearings
]
is
[
are
] conducted
or waived pursuant to
the Family Code
by the community for TYC youth that is held in a community
detention facility, TYC staff will participate as requested by the community
and no other
action
[
hearing
] is necessary.
(2)
local TYC
] staff responsible for the youth determines the youth has
not committed any offense or is
detained in
[
from
] a
local detention
facility and local authorities have not ordered the
youth's detention, arrangements are made for immediate return to the TYC facility
or other appropriate placement.
a
]
referring
[
TYC
] staff will confirm whether
the youth is under TYC authority
, obtain details of the allegations regarding
behavior
and notify the
appropriate facility or person responsible
for the youth
[
assigned placement facility of the detention, if
appropriate, and the parole supervisor of the allegations regarding behavior
].
he or she
] will hold a detention
review conference with the parole supervisor or other TYC program administrator
to justify and obtain approval for having the youth held in detention. The
conference must be held no later than the second working day after the youth
is detained unless the youth is detained on a Friday or Saturday, then on
the first working day after the youth is detained.
TYC
] staff will visit
detained youth daily
when
[
where
] possible. No more
than three days may pass without a contact by the staff responsible for the
youth.
are
] awaiting
transportation subsequent to a due process hearing or trial.
an
]
TYC operated
institution may be admitted to the IDP program (for up
to 72 hours):
beyond
] 72 hours):
level
]hearing or
trial has been requested in writing; and
have been met
].
:
]
based on current
behavior or circumstances, and all other criteria in paragraph (2) of this
subsection have been met.
(i)
(ii)
(beyond 72 hours)
]
based on current behavior
or circumstances and all detention criteria in (GAP) §97.41 of this title
(relating to Community Detention) have been met
:
(i)
(ii)
(C)
] A due process hearing or trial
is considered to be scheduled if a due process hearing date and time has been
set or trial is pending.
(D)
] A youth whose due process
hearing or trial has been held may be detained without a level IV hearing
when the youth is waiting for transportation:
level
] hearing or trial is not held and continued
detention is necessary and appropriate based upon current behavior or circumstances
that meet criteria unless youth is under indictment pending trial. See (GAP) §95.59
of this title (relating to Level IV Hearing Procedure).
(5)
] If a level IV hearing is not
timely held or is not properly waived, the youth shall be released from the
IDP.
(6)
informed
] of his/her right to appeal the level IV hearing [
to the executive
director pursuant to (GAP) 93.53 of this title (relating to Appeal to Executive
Director)
].
(f)
(1)
(2)
(A)
(B)
(C)
(D)
(3)
(4)
(5)
(g)
] Release from institution detention
is determined by the outcome of a hearing or trial or upon the decision not
to hold a hearing. If the youth is pending transportation, the youth is released
from detention upon transport.
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 152.
INSTITUTIONAL DIVISION