Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.45
The Texas Youth Commission (TYC) proposes an amendment to §81.45,
concerning Volunteers and Volunteer Council. The amendment to the section
changes the position title from chief of volunteer services to administrator
of community relations.
Don McCullough, 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 change in the job title to be consistent
with job duties. 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, §61.096
Liability of Volunteers, which provides the Texas Youth Commission with the
authority to use the resources provided by community volunteers.
The proposed rule affects the Human Resource Code, §61.034.
§81.45.Volunteers and Volunteer Council.
(a)
Purpose. The purpose of this rule is to establish a volunteer
program to expand youth opportunities for educational and recreational experiences
and to provide youth with increased social interactions.
(b)
Volunteer Council. A volunteer council will be located
in each city where a TYC facility exists. Volunteer councils will be organized
as nonprofit corporations with tax exempt status. The councils' role includes
informing the community about TYC, advising TYC of community interests and
concerns, advocating for juveniles, and assisting in providing resources for
juveniles.
(c)
Volunteer Program.
(1)
The
administrator of community relations
[
(2)
Volunteers will be recruited, screened, and selected from
all cultural and socioeconomic segments of the community.
(3)
Volunteers will be oriented to the program and receive
training before being assigned to work with youth.
(4)
Volunteers must agree in writing to abide by federal, state
and agency laws, policies and rules of confidentiality.
(5)
Volunteers will be systematically, officially registered
and provided proper identification as volunteers.
(6)
Volunteers shall not perform professional services for
TYC unless certified or licensed to perform those services.
(d)
Youth as Volunteers. Qualified youth will be encouraged
and assisted in participating in volunteer activities in the community.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 14, 2002.
TRD-200203709
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
Subchapter B. PLACEMENT PLANNING
37 TAC §85.45
The Texas Youth Commission (TYC) proposes an amendment to §85.45,
concerning Parole of Undocumented Foreign Nationals. The amendment to the
section makes minor changes for clarification and simplifies a procedure of
notification to juvenile courts concerning the status of juveniles under the
Texas Youth Commission's authority.
Don McCullough, 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 streamlining notification processes for more
efficient work. 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, §61.081,
Release Under Supervision, which provides the Texas Youth Commission with
the authority to release youth under supervision with proper notification
to the committing court.
The proposed rule affects the Human Resource Code, §61.034.
§85.45.Parole of Undocumented Foreign Nationals.
(a)
Purpose. The purpose of this rule is to establish a procedure
whereby Texas Youth Commission (TYC) works with the United States Immigration
and Naturalization Service (INS) for parole release of youth who are undocumented
foreign nationals.
(b)
Applicability. Procedures herein apply to all programs
releasing TYC youth who are undocumented nationals.
(c)
Explanation of Terms Used. Undocumented Foreign Nationals
- youth who do not have legal residence in the United States as determined
by the INS.
(d)
All residential programs are required to notify the INS
of the presence of an undocumented foreign national youth at the facility.
(e)
Undocumented foreign nationals shall not be considered
for parole release unless and until the INS has determined that the youth
will not be deported. Refer to (GAP) §85.43 of this
title
[
(f)
In anticipation of completion of required release criteria
and not less than 30 days prior to anticipated release, the releasing authority
shall inform INS of the pending release of any undocumented foreign national
youth and request a residency and deportation status determination. Thirty
(30)
days before parole release the TYC staff of the releasing program
shall:
(1)
complete the parole release packet and schedule a date
for release;
(2)
send to the INS in the region, written notice of the release
date, request for confirmation of the date and of transportation, and request
that INS meet with the youth prior to the date and send a copy of the notice
to the assigned parole officer;
(3)
notify the assigned parole officer and appropriate consulate
of release arrangements; and send the family notification of parole release,
and make reasonable attempts to provide translation where necessary;
and
(4)
send notification of parole release to the appropriate
authorities
.
[
(g)
On the day of parole release, INS is responsible for transporting
the youth to a port of entry.
(h)
If the release of a youth is canceled for any reason, the
releasing program shall immediately notify INS, parole officer, and other
affected parties.
(i)
If the youth is not deported by INS, the parole office
and institutional placement coordinator will proceed with placement options.
(j)
The case of a deported youth must be transferred to a designated
caseload and supervised by a parole officer responsible for the youth in the
committing county.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 11, 2002.
TRD-200203650
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
Subchapter A. PROGRAM PLANNING
37 TAC §87.15
The Texas Youth Commission (TYC) proposes an amendment to §87.15,
concerning Title IV-E Foster Care Youth. The amendment to the section will
make one minor grammatical correction.
Don McCullough, 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 that TYC will participate in the federal
foster care funding program. 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, §61.0761
Family Programs, which provides the Texas Youth Commission with the authority
to participate in programs that will benefit youth.
The proposed rule affects the Human Resource Code, §61.034.
§87.15.Title IV-E Foster Care Youth
(a)
Texas Youth Commission (TYC) staff shall ensure that the
agency participates in the Federal Title IV-E foster care funding program
in compliance with all federal and state
regulations
[
(b)
All TYC youth placed in halfway houses or contract care
facilities will be screened for eligibility for the Title IV-E program.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 14, 2002.
TRD-200203706
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
37 TAC §87.91
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal
of §87.91, concerning Family Reintegration of Sex Offenders. The section
will be repealed in order to allow for a new section.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the repeal is in effect
there will be no fiscal implications for state or local government as a result
of repealing the section.
Mr. McCullough also has determined that for each year of the first five
years the repeal is in effect the public benefit anticipated as a result of
enforcing the repeal will be an improved release process for reintegrating
sex offenders into the community. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the repeal as proposed. No private real property rights are affected
by adoption of the repeal.
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 repeal is proposed under the Human Resources Code, §61.0813
Sex Offender Counseling and Treatment, which provides TYC with the authority
to treat and release under supervision, youth classified as sex offenders.
The proposed repeal affects the Human Resource Code, §61.034.
§87.91.Family Reintegration of Sex Offenders.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 14, 2002.
TRD-200203708
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
37 TAC §87.91
The Texas Youth Commission (TYC) proposes new §87.91,
concerning Family Reintegration of Sex Offenders. The new section has been
rewritten to include the purpose of the rule is to provide protection for
victims or potential victims when a documented sex offender returns to the
home where the victim or potential victim resides. The purpose was also changed
to include that the rule applies to offenders who have been adjudicated for
a sexual offense or as a result of a plea bargain for the arrest of a sexual
offense. Also included in this section are explanation of terms used to define
family, victim, and potential victim. Nine new requirements for family reintegration
have been added to this policy.
Don McCullough, 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 an improved system of reintegrating sex offenders
into the community as well as providing protection to victims and potential
victims. 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 new section is proposed under the Human Resources Code, §61.0813
Sex Offender Counseling and Treatment, which provides TYC with the authority
to provide counseling and specific release conditions for juvenile sex offenders.
The proposed rule affects the Human Resource Code, §61.034.
§87.91.Family Reintegration of Sex Offenders.
(a)
Purpose. The purpose of this rule is to provide protection
for the victim or potential victim of documented sex offenders who are returning
home and the victim or potential victim lives in the home. This rule also
applies to offenders who have been adjudicated for a sexual offense or as
a result of a plea bargain for the arrest of a sexual offense.
(b)
Explanation of Terms Used.
(1)
Family - As used herein, shall refer to the family members
who live in the designated home placement, including the victim or potential
victim(s).
(2)
Victim - shall refer to a person who, as the result of
the sexual offense, suffers a pecuniary loss, personal injury, or harm.
(3)
Potential Victim - shall refer to a person who has a profile
similar to the victim of the delinquent's sexual offense, such as gender,
age, etc., or who has a profile that triggers the delinquent's deviant or
abusive sexual arousal patterns.
(c)
Requirements for Family Reintegration
(1)
The parole officer conducts a home evaluation and completes
a checklist of risk factors associated with sexual re-offending.
(2)
The primary service worker (PSW) contacts the Texas Department
of Protective and Regulatory Services (TDPRS) 90 days prior to the youth's
scheduled release to determine whether there is an open or closed Child Protective
Service (CPS) case and to consider any concerns of CPS staff related to the
victim or other vulnerable children in the home.
(3)
If the victim is in treatment, the PSW notifies the victim's
therapist that the offender is returning to the home where the victim resides.
(4)
The offender has demonstrated sufficient progress in treatment
to be ready to return home as evidenced by the completion of Phase 4 of the
Resocialization Program and/or completion of the Sex Offender Treatment Program
(SOTP).
(5)
The offender must have provided the family with his/her
success plan that contains specific plans to cope with high-risk situations
that will ensure the victim/potential victim's safety in the home.
(6)
The residential PSW, the parole officer, youth and family
develop the youth's family reintegration and transition plans and are all
in agreement with the plan.
(7)
The parole officer completes the parole individual case
plan and parole conditions and a checklist that identifies strategies to minimize
risk factors for sexual re-offending.
(8)
For those youth that have received primary sex offender
specialized treatment, aftercare services are secured for the youth while
on parole.
(9)
A parole officer conducts at least one contact per month
in the home while the youth is on double intensive, intensive, or moderate
surveillance. At least one in home contact per quarter must be made while
the youth is on minimum surveillance.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 14, 2002.
TRD-200203707
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
Subchapter A. BASIC SERVICES
37 TAC §91.21
The Texas Youth Commission (TYC) proposes an amendment to §91.21,
concerning Moral Values, Worship, and Religious Education. The amendment to
the section combines two previous subsections to clarify that youth will be
given the opportunity to participate in religious programs and services while
in a TYC facility. Only when a documented threat to safety of persons or the
activity disrupts the order of the facility will participation be limited.
Don McCullough, 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 clear commitment by TYC for youth to participate
in religious programs and services. 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, §61.046
Religious Training, which provides the Texas Youth Commission with the authority
to provide for the religious and spiritual training of children in its custody
according to the childrens' individual choices.
The proposed rule affects the Human Resource Code, §61.034.
§91.21.Moral Values, Worship, and Religious Education.
(a)
Purpose. The purpose of this rule is to establish guidelines
for providing youth with the opportunity and encouragement to develop and
internalize a set of personal moral values.
(b)
Texas Youth Commission (TYC) shall provide youth the opportunity
to participate in religious education programs and services for youth.
(c)
Participation in religious services and counseling shall
be voluntary.
(d)
Arbitrary and discriminatory restrictions of religious
freedoms are prohibited.
(e)
Halfway house and contract residential programs shall provide
for reasonable access to religious programs, counseling, and other such resources
in the community.
(f)
Youth will be given the opportunity to
participate in religious programs and services. Participation shall be limited
only when documentation indicates a threat to the safety of persons involved
or the activity disrupts order in the facility.
[(f)
Participation in religious programs and
services shall be limited only when documentation indicates a threat to the
safety of persons involved or the activity disrupts facility order and/or
discipline.]
[(g)
Youth will be given the opportunity to
participate in the practices of their declared religious faiths limited only
by documentation showing threat to the safety of persons involved in such
activity or that the activity itself disrupts order in the facility.]
(g)
[
(h)
[
(i)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 11, 2002.
TRD-200203655
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
37 TAC §93.31
The Texas Youth Commission (TYC) proposes an amendment to §93.31,
concerning Complaint Resolution System. The amendment to the section eliminates
the application subsection making all complaints follow this rule. A paragraph
was added indicating that the person receiving the complaint would place verbal
complaints in writing. Other amendments to the section are minor grammatical
corrections and clarifications.
Don McCullough, 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 better system of addressing complaints.
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
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to operate effective programs and facilities and be responsive
to the public and the clientele it serves.
The proposed rule affects the Human Resource Code, §61.034.
§93.31.Complaint Resolution System.
(a)
Purpose. This section should be implemented in a way that
best achieves the following public purposes:
(1)
to provide a simple trustworthy way for a youth, the youth's
parents
,
or other persons to voice complaints about a youth's care
and treatment;
(2)
to respond to all complaints promptly and thoroughly with
corrective measures or information that aids understanding; and
(3)
to achieve the foregoing purposes in a manner that contributes
positively to the resocialization process and results in on-going improvement
in agency programs and services.
(b)
Explanation of Terms Used.
(1)
Complaint--any dissatisfaction expressed by any person
with regard to youth care, treatment
,
or conditions that is within
the agency's jurisdiction to correct.
(2)
Tracking number--[
[(c)
Application. This section does not apply
to complaints about:]
[(1)
alleged abuse or neglect that are handled according to
the provisions of (GAP) §93.33 of this title (relating to Alleged Mistreatment);]
[(2)
disciplinary actions that are handled according to the
provisions of (GAP) §95.3 of this title (relating to Rules of Conduct,
Contraband, and Dress);]
[(3)
phase system progress; and]
[(4)
security or detention referrals that are handled according
to the provisions of (GAP) §97.37 of this title (relating to Security
Intake).]
(c)
[
(1)
Complaints shall be in writing and given to the person
who has been designated at the youth's placement to receive them.
(2)
If a complaint is made verbally and the
complainant does not wish to put the complaint in writing, the person receiving
the complaint will assist in reducing the complaint to writing and will ensure
it is given to the appropriate person.
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(d)
[
(1)
The
staff
[
(A)
has the authority to implement an appropriate corrective
measure;
(B)
has the responsibility to recommend changes in agency policies
or procedures that would be needed to implement an appropriate corrective
measure; or
(C)
has knowledge or access to information that can aid understanding.
(2)
The
staff
[
(A)
conducting personal interviews of the youth, the youth's
parents, or others who might provide helpful information;
(B)
researching previous resolutions of the same or similar
complaints;
(C)
using mediation, dispute resolution or other problem-solving
techniques; or
(D)
consulting with other persons who might be affected by
or contribute to a successful resolution.
(3)
A complaint is successfully resolved when the response
results in corrective measures or in the provision of information that aids
understanding.
(4)
The response to a complaint shall be in writing and shall
indicate the tracking number and a brief summary of any factual determinations
that are made, corrective measures that are taken, or information that is
given to aid understanding.
(5)
Complaints filed by youth with limited English proficiency
must be resolved. Each facility must designate a group of persons who are
proficient in other languages to be responsible for translating and resolving
complaints made in languages other
than
[
(e)
[
(1)
A youth or the youth's parents may appeal an unsatisfactory
response or the lack of response to a complaint that has been assigned a tracking
number.
(2)
There is a lack of response to a complaint if no response
[
(3)
Appeals shall be handled under the provisions of (GAP) §93.53
of this title (relating to Appeal to Executive Director).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 11, 2002.
TRD-200203654
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
37 TAC §93.53
The Texas Youth Commission (TYC) proposes an amendment to §93.53,
concerning Appeal to Executive Director. The amendment to the section adds
a paragraph indicating that a youth may appeal directly to the executive director
when a decision has been made to extend his/her length of stay in the security
program if the youth has been in the program for 240 continuous hours or longer.
Don McCullough, 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 due process for youth in TYC custody.
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
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to establish responsible programs for the welfare, custody
and rehabilitation of youth.
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)[
(9)
an appeal of a level IV hearing when a youth is being detained
in a location other than a TYC operated institution;
(10)
a result of the second and subsequent 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;
(11)
a decision to extend the youth's stay
in the security program, if the youth has already been in the security program
for 240 continuous hours or longer;
(12)
[
(13)
[
(d)
All appeals to the executive director must be filed within
six (6) months of the decision being appealed. Appeals filed after that time
may be considered[
(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 June 11, 2002.
TRD-200203653
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.11
The Texas Youth Commission (TYC) proposes an amendment to §95.11,
concerning Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion
of Phase Consequence. The amendment to the section changes the title of the
rule to add that a demotion of a youth's phase may be a consequence for negative
behavior. A youth's resocialization phase progression may be affected by negative
behavior. The amendment to the rule adds that phase demotion is now a disciplinary
option for youth who violate rules.
Don McCullough, 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 continued accountability and disciplinary
options for youth in TYC programs. 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, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to provide adequate treatment and disciplinary practices for
youth in its care.
The proposed rule affects the Human Resource Code, §61.034.
§95.11.Disciplinary Transfer/Assigned Minimum Length of Stay /Demotion of Phase Consequence.
(a)
Purpose. The purpose of this rule is to provide for the
movement of a Texas Youth Commission (TYC) youth to an appropriate placement
[
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in (GAP) §95.55 of this title (relating to Level II Hearing Procedure).
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth. See [
(c)
Explanation of Terms Used. A High risk offense - is any
major rule violation which may result in a classification other than general
offender or violator of CINS probation.
(d)
Criteria and Disposition for Disciplinary Transfer
,
[
(1)
If it is found at a level II hearing that the youth has
failed on two or more occasions to comply with the conditions of release under
supervision and/or a written reasonable request of staff that is either present
in the Individual Case Plan (ICP) or is validly related to previous high risk
behavior, a youth may be:
(A)
transferred to a placement of equal or more restriction
than the youth's most recent permanent placement, or
(B)
assigned a disciplinary minimum length of stay but only
at the present placement.
(2)
If it is found at a level II hearing that the youth has
committed any major rule violation [
(A)
transferred to a placement of equal or more restriction
than the youth's most recent permanent placement; [
(B)
assigned a disciplinary minimum length of stay
; and/or
[
(C)
demoted two or more resocialization phases
in the behavior area.
(3)
An assigned disciplinary minimum length of stay under this
policy shall only be for offenses that meet criteria and shall not exceed
six (6) months.
(4)
If the hearing manager determines there are extenuating
circumstances incidental to the violation(s) proved at a level II hearing,
the youth shall not be transferred or assigned a disciplinary minimum length
of stay, but the hearing manager shall notify the administrator responsible
for the program to which the youth is assigned so an appropriate disciplinary
action may be taken.
(e)
Additional Disposition Options. Pursuant to a level II
hearing herein, certain youth in TYC institutions or secure contract programs,
who are assessed a disposition under this rule may also be assessed other
eligible dispositions, but only if criteria have been met and if specifically
requested in the level II hearing request pursuant to this policy. If extenuating
circumstances are found by the hearing manager pursuant to a level II hearing
herein, other eligible dispositions may be assessed if the hearing manager
decides that such dispositions are appropriate despite the finding of extenuation
in the present level II hearing. Disposition options are listed.
(1)
Aggression Management Program. A placement in the Aggression
Management Program (AMP) may be requested for a youth who is currently assigned
to a TYC operated institution under requirements of (GAP) §95.21 of this
title (relating to Aggression Management Program). All policy and program
requirements of (GAP) §95.21 will apply to the assignment in AMP.
(2)
Behavior Management Program.
(A)
A placement in the Behavior Management Program (BMP) may
be requested for certain youth under requirements of (GAP) §95.17 of
this title (relating to Behavior Management Program). All policy and program
requirements of (GAP) §95.17 will apply to the assignment in a BMP.
(B)
A maximum length of stay in BMP shall run concurrently
with any new assigned minimum length of stay under this policy.
(f)
Restrictions.
(1)
A youth on parole status shall not be moved or transferred
into a placement of high restriction under this rule.
(2)
When local authorities make a written request to defer
an allegation to their jurisdiction for prosecution, TYC will cancel the directive,
unless a due process hearing will be scheduled on other allegation(s). A due
process hearing on any allegation(s) shall be scheduled within seven days
(excluding weekends and holidays).
(3)
A level II hearing should be held prior to a disciplinary
transfer. When good cause compels a pre-hearing movement of the youth, the
hearing shall be held within three consecutive days after the movement.
(4)
A youth assigned a disciplinary minimum length of stay
may remain in the current program or be transferred and remain in the new
placement until the assigned disciplinary length of stay and other program
completion criteria are completed.
(5)
The assigned disciplinary minimum length of stay may be
reduced based on the youth's behavior and progress toward goals.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 11, 2002.
TRD-200203651
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
Subchapter A. SECURITY AND CONTROL
37 TAC §97.29
The Texas Youth Commission (TYC) proposes an amendment to §97.29,
concerning Escape/Abscondence and Apprehension. The amendment to the section
further explains the definition of escape. Escape will be defined as a youth
having specific intent to escape, commits an act amounting to more than mere
preparation, but fails to effect the intended escape.
Don McCullough, 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 greater protection for the public and increased
accountability for youth in TYC custody. 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, §61.093
Escape and Apprehension, which provides the Texas Youth Commission with the
authority to apprehend youth who have escaped from a facility or broken specific
conditions of release.
The proposed rule affects the Human Resource Code, §61.034.
§97.29.Escape/Abscondence and Apprehension.
(a)
Purpose. The purpose of this rule is to acknowledge a relationship
with TYC, law enforcement, and Texas/National Crime Information Center (TCIC/NCIC)
with regard to reporting and apprehending youth in TYC custody who escape
or abscond from their assigned location, supervision, or who fail to report
as required.
(b)
Applicability. This rule applies to all youth in TYC jurisdiction
whether supervised by TYC staff or contract staff.
(c)
Explanation
[
(1)
Failure to report
--
[
(2)
Abscond
--
[
(3)
Escape
--
[
(A)
leaves the property of a TYC facility or contract program
or other designated location without permission of staff; [
(B)
fails to return at the designated time unless excused by
the facility/program administrator
; or
[
(C)
with specific intent to escape, commits
an act amounting to more than mere preparation, but fails to effect the intended
escape.
(d)
When a youth escapes or absconds, or fails to report, Texas
Youth Commission (TYC) staff will make concerted efforts to apprehend the
youth with assistance of law enforcement officials, staff and other affected
parties.
(e)
Directives to Apprehend shall be issued by an agency staff
according to Texas/National Crime Information Center (TCIC/NCIC) policy and
procedures and DPS/FBI guidelines.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 11, 2002.
TRD-200203652
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
37 TAC §97.40, §97.43
The Texas Youth Commission (TYC) proposes an amendment to §97.40,
concerning Security Program, and an amendment to §97.43, concerning Institution
Detention Program. The amendments to §97.40, Security Program, include
minor grammatical corrections as well as correction to position titles that
have changed. The other amendment to the section includes an admission process
and an extended stay requirement that states when a youth's behavior meets
admission criteria; the incident shall be documented on an incident report
form and used as evidence in a level III hearing. The section was also amended
to state that an extension decision may be appealed to the executive director
rather than to the deputy executive director. The amendments to §97.43,
Institution Detention Program, include minor grammar corrections as well as
a requirement that a detention hearing need not be held if a youth is under
indictment pending a trial for referral to criminal court or sentenced offenders
awaiting transfer to the Texas Department of Criminal Justice Institution
Division if the hearing date is set to take place within a reasonable period
of time from the date of detention.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the sections are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Mr. McCullough also has determined that for each year of the first five
years the sections are in effect the public benefit anticipated as a result
of enforcing the sections will be increased accountability and due process
procedures 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
sections as proposed. No private real property rights are affected by adoption
of the rules.
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
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to determine the most effective methods of treatment and
discipline for youth in its care.
The proposed rules affect the Human Resource Code, §61.034.
§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
[
(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, caseworker, or designated juvenile correctional officer (JCO)
VI
[
(3)
The youth's behavior that meets
the admission criteria shall be documented on the Incident Report form, CCF-225,
to be used as evidence in the level III hearing.
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(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.
The youth's behavior that meets the admission/extension
criteria shall be documented on the Incident Report form, CCF-225, to be used
as evidence in the level III hearing.
(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
to
make
a decision on the facts presented.
(C)
The following staff may be appointed to be the decision-maker:
superintendent, assistant superintendent, ADO, PA, IPC, principal, psychologist,
caseworker, or designated JCO
VI
[
(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)
The director of security or designee will review the 24-hour
extension decision within one (1) 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.
(F)
The youth will be notified in writing of his/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.
(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
the 72-hour extension decision within one (1) 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.
(B)
The youth will be notified in writing of his/her right
to appeal. The extension decision 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.
(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 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.
(B)
The youth will be notified in writing of his/her right
to appeal. The extension decisions may be appealed to the [
(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 due process extension hearings are not timely held the
youth shall be released from the security program.
§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 awaiting transportation
subsequent to a due process hearing or trial.
(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 TYC-operated institution may be admitted
to the IDP program (for up to 72 hours):
(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 [
(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 72 hours):
(i)
if a due process hearing or trial has been requested in
writing; and
(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 based on current behavior or circumstances,
and 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 based on
current behavior or circumstances and 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 (7) days, excluding weekends and holidays, from the date
of the alleged violation.
(A)
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.
(B)
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:
(i)
to
the Texas Department of Criminal Justice Institution
Division (TDCJ-ID)
[
(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
hearing or trial is not held and continued detention is necessary and appropriate
based upon current behavior or circumstances that meet criteria [
(4)
A detention review hearing is not required for
:
[
(A)
youth under indictment pending trial pursuant
to (GAP) §95.5 of this title (relating to Referral to Criminal Court);
(B)
youth detained pending transportation
as defined in this policy; or
(C)
sentenced offenders awaiting a transfer
hearing to TDCJ-ID as defined in GAP §85.37 of this title (relating to
Sentenced Offender Disposition), if the hearing date is set to take place
within a reasonable period of time from the date of detention.
(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[
(6)
If a level IV hearing is not timely held or is not properly
waived, the youth shall be released from the IDP.
(7)
The youth is notified in writing of his/her right to appeal
the level IV hearing.
(f)
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.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 14, 2002.
TRD-200203705
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 424-6301
Subchapter C. MISCELLANEOUS
chief of volunteer services
] shall administer TYC volunteer programs.
Chapter 85.
ADMISSION AND PLACEMENT
section
] (relating to Home Placement). Undocumented foreign nationals
will not be placed in a minimum restriction parole location (home or home
substitute) until a copy of the referral letter from the residential program
to INS is received by the assigned parole officer.
, Notification to Juvenile Court form, CCF-181.
]
Chapter 87.
TREATMENT
regualtions
] set by the Texas Department of Protective and Regulatory Services,
the agency administering the program.
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
Chapter 91.
PROGRAM SERVICES
(h)
] Youth in TYC operated facilities
may request that a specific religious practice or item be made available to
him or her. A youth's request is subject to an assessment and approval process.
(i)
] TYC shall provide access to
adult clergy.
(j)
] TYC shall encourage the participation
of volunteer religious groups and individuals in its religious services and
programs.
Chapter 93.
YOUTH RIGHTS AND REMEDIES
means
] a number that is recorded
for each complaint to confirm its filing and track its progress.
(d)
] Filing Complaints.
(2)
] Reasonable restrictions may
be imposed on the time, place
,
and manner of filing to preserve
order and maintain attention during instructional or treatment activities.
(3)
]Youth or their parents shall
be provided assistance when necessary in writing a complaint and in
ensuring
[
seeing to it
] that the complaint is filed correctly.
(4)
] A complaint has been filed
correctly when the person who has been designated at the youth's placement
to receive complaints has assigned it a tracking number.
(5)
] No one shall be retaliated
against in any way for filing a complaint. No reference to the filing of a
complaint shall be included in the youth's records.
(6)
] Youth with limited English
proficiency will be allowed to file and make complaints in languages other
than English.
(e)
] Resolving Complaints.
person or team leader
]
who is assigned to resolve a complaint shall be a person [
or team leader
] at the youth's placement who:
person or team leader
]
who is assigned to resolve a complaint may employ whatever methods the person
determines necessary and appropriate to reach a successful resolution of the
complaint, such as:
that
] English.
If no staff members
at
[
of
] the facility are proficient
in the language used in the complaint, [
the complaint shall be translated
into English. Facility staff members may
]
appropriate staff will
contact the complaints coordinator in central office, who can assist
in securing an English translation of the complaint. The staff member responsible
for resolving the complaint shall prepare a written response to the complaint.
The response shall be translated into the youth's native language, with the
help of the complaints coordinator.
(f)
] Appeal to the Executive Director.
to it
] is received within 15 working days of filing.
.
] §93.33 of this title (relating to Alleged Mistreatment);
(11)
] 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
(12)
] a decision from a Title IV-E
hearing.
,
] at the discretion of the executive director.
Chapter 95.
YOUTH DISCIPLINE
and/or
] assignment of a minimum length of stay
, and/or demotion
of one or more behavior phases
as disciplinary consequences for behavior
that violates rules. Disciplinary transfer
,
[
and
] assignment
of a disciplinary minimum length of stay
, and demotion of one or more
behavior phases
are considered major consequences.
(GAP) §85.33
of this title (relating to Program Completion and Movement of Sentenced Offenders).
Also see
] (GAP) §85.37 of this title (relating to Sentenced Offender
Disposition).
and
] Disciplinary Assigned Minimum Length of Stay
, and Demotion of One or More Behavior Phases
.
other than that set out in paragraph
(1) of this subsection
], the youth may be:
and/or
]
.
]
Chapter 97.
SECURITY AND CONTROL
Definition
] of Terms
Used.
occurs
] when
a youth assigned to home level restriction fails on two or more occasions
to report as required by the youth's most recent case plan.
occurs
] when a youth assigned
to home level of restriction leaves any designated location without permission
of staff and his/her whereabouts are unknown by the supervising staff.
occurs
] when a youth assigned
to a minimum, medium
,
or high level restriction facility:
or
]
.
]
himself/herself or
] others and staff cannot protect
them
[
the youth or others
] except by admitting the youth to security
program; or
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)
] Based upon a finding of true
to the admission criteria, and no extenuating circumstances, the youth will
be admitted into the security program.
(4)
] The director of security or
designee will review all admission decisions within one (1) 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.
(5)
] The youth will be notified
in writing of his/her right to appeal. 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.
(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.
V
] trained in the
security policy and procedure to extend youth in the program. The director
of security may not be the decision-maker.
deputy
]
executive director and the youth is notified in writing of the outcome of
the appeal.
himself/herself
or
] others; or
TDCJ, ID
] following a transfer hearing;
or
unless
youth is under indictment pending trial
]. See (GAP) §95.59 of this
title (relating to Level IV Hearing Procedure).
youth detained pending transportation pursuant to subsection (d)(3)(D)
of this section.
]
,
] will coordinate with
institution staff to ensure that hearings are timely held or waived properly.
Chapter 99.
GENERAL PROVISIONS