Part 3.
TEXAS YOUTH COMMISSION
Chapter 91.
PROGRAM SERVICES
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.81
The Texas Youth Commission (TYC) adopts an amendment to §91.81,
concerning Medical Consent, without changes to the proposed text as published
in the February 21, 2003 issue of the
Texas Register
(28 TexReg 1616).
The justification for amending the section is the improved tracking of
correspondence relating to consent for and notification of medical treatment
of TYC youth.
The amendment will clarify that in all cases, emergency care will be given
in life threatening situations, and attempts will be made to notify parents
of the need for such care.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.045
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to establish rules and procedures appropriate to the accomplishment
of its responsibilities and functions.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302049
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §93.33
The Texas Youth Commission (TYC) adopts the repeal of §93.33,
concerning Alleged Mistreatment, without changes to the proposed text as published
in the February 21, 2003 issue of the
Texas Register
(28 TexReg 1618).
The justification for the repeal is to make room for a new rule.
The repeal will allow for the publication of a new rule that will establish
a greater level of accountability and objectivity for investigators of alleged
mistreatment incidents.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.045
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to establish procedures to ensure the welfare of youth
in its care.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302051
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §93.33
The Texas Youth Commission (TYC) adopts new §93.33,
concerning Alleged Mistreatment, without changes to the proposed text as published
in the February 21, 2003 issue of the
Texas Register
(28 TexReg 1618).
The justification for the new rule is greater objectivity and accountability
for investigators of alleged mistreatment incidents.
The new rule will provide for the investigation of allegations of abuse,
neglect, or exploitation of youth in programs and facilities under Texas Youth
Commission jurisdiction.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.045
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to establish procedures to ensure the welfare of youth
in its care.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302050
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §93.53
The Texas Youth Commission (TYC) adopts an amendment to §93.53,
concerning Appeal to Executive Director, without changes to the proposed text
as published in the February 21, 2003 issue of the
Texas Register
(28 TexReg 1621).
The justification for amending the section is ensuring due process for
parties wishing to review the findings of an alleged mistreatment investigation.
The amendment will clarify which matters may be directly appealed to the
Executive Director. All complaints and requests for review related to alleged
mistreatment investigations will be submitted to the office of general counsel.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to establish
procedures for ensuring the welfare of youth in its care.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302052
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.7
The Texas Youth Commission (TYC) adopts an amendment to §95.7,
concerning Reclassification Consequence, without changes to the proposed text
as published in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1622) and will not be republished.
The justification for amending the section is consistent practice for enforcing
program rules across all TYC facilities.
The amendment will update the designations for certain categories of rule
violations.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to establish rules of conduct and appropriate consequences for
violations of program rules.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302057
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §95.9
The Texas Youth Commission (TYC) adopts an amendment to §95.9,
concerning Parole Revocation Consequence, with changes to the proposed text
as published in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1622). Changes to the proposed text consist
of minor grammatical corrections.
The justification for amending the section is consistent practice for enforcing
program rules across all TYC facilities.
The amendment will clarify which rule violations result in parole revocation
as a consequence, as well as update designations for categories of rule violations.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to establish rules of conduct and appropriate consequences for
violations of program rules.
The adopted rule implements the Human Resource Code, §61.034.
§95.9.Parole Revocation Consequence.
(a)
Purpose. The purpose of this rule is to provide for the
revocation of parole status as a disciplinary consequence for behavior that
presents an unacceptable risk to the safety of persons and property. Parole
revocation is considered a major consequence.
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in (GAP) §95.51 of this title (relating to Level I Hearing Procedure).
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth. See (GAP) §85.29 of this
title (relating to Program Completion and Movement). Also see (GAP) §85.37
of this title (relating to Sentenced Offender Disposition).
(c)
Explanation of Terms Used. A high-risk offense - is any
category I violation which may result in a classification other than general
offender or violator of Conduct Indicating a Need for Supervision (CINS) probation.
(d)
Criteria and Disposition.
(1)
Parole will be revoked if it is found at a level I hearing
that a youth has:
(A)
committed a high-risk offense;
(B)
committed a felony; or
(C)
committed one of the following category I rule violations
as defined in (GAP) §95.3 of this title (relating to Rules of Conduct),
and has previously been classified for a high-risk offense:
(i)
Violate any Law of Texas or the United States.
(ii)
Escape, Attempted Escape, or Abscond.
(iii)
Injury to Self
(iv)
Possession of a Weapon.
(v)
Possession or Use of Substance
(vi)
Refusing a Drug Screen
(vii)
Participation in a Riot.
(viii)
Two or more Failures to Comply with Written Reasonable
Request.
(2)
Parole of a general offender or a violator of CINS probation
is revoked if it is found at a level I hearing that the youth has committed
one of the category I rule violations listed above; and
(A)
the violation was committed, in whole or in part, within
90 days of imposition of a less severe disciplinary consequence; or
(B)
the youth is a threat to the safety of persons or property.
(3)
If extenuating circumstances are found incident to a high-risk
offense, parole is revoked, but the high-risk classification may be waived
pursuant to (GAP) §85.23 of this title (relating to Classification).
(4)
If extenuating circumstances are found incident to any
violation other than a high-risk offense, parole is not revoked. See extenuating
circumstances discussed in (GAP) §85.23 of this title (relating to Classification).
(5)
If criteria for revocation are not established at a level
I hearing, the youth's parole is not revoked, but lesser disciplinary consequences
may be imposed for any rule violation(s) proved at the hearing.
(e)
Restrictions.
(1)
A level I hearing is required in order to revoke a youth's
parole status.
(2)
When local authorities make a written request to defer
an allegation to their jurisdiction for prosecution, Texas Youth Commission
(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)
If a youth is on parole from another state and is being
supervised by TYC under agreement with the other state, a parole revocation
hearing is held by TYC and the youth returned to the sending state, coordinated
by the interstate compact administrator and general counsel.
(4)
If a TYC parolee commits an offense in another state, the
return of such youth is coordinated by the interstate compact administrator
and the general counsel. A parole revocation hearing is coordinated by and
held at the request of the assigned parole officer.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302058
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §95.11
The Texas Youth Commission (TYC) adopts an amendment to §95.11,
concerning Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion
of Phase Consequence, without changes to the proposed text as published in
the February 21, 2003 issue of the
Texas Register
(28 TexReg 1623).
The justification for amending the section is consistent practice for enforcing
program rules across all facilities.
The amendment) will clarify that a youth may be demoted one or more behavior
phases as a disciplinary consequence for behavior that violates rules. Designations
for categories of rule violations have been updated as well.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to establish rules of conduct and appropriate consequences for
violations of program rules.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302053
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §95.15
The Texas Youth Commission (TYC) adopts an amendment to §95.15,
concerning Parole Minor Disciplinary Consequences, without changes to the
proposed text as published in the February 21, 2003 issue of the
Texas Register
(28 TexReg 1624).
The justification for amending the section is consistent practice for enforcing
program rules across all TYC facilities.
The amendment will update designations for categories of rule violations.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to establish rules of conduct and appropriate consequences for
violations of program rules.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302054
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §95.17
The Texas Youth Commission (TYC) adopts an amendment to §95.17,
concerning Behavior Management Program, with changes to the proposed text
as published in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1625). Changes to the proposed text consist
of minor clarifications to the program eligibility criteria.
The justification for amending the section is clarification of the rule.
The amendment will correct a reference to another TYC rule relating to
Level II Hearing procedures, and clarify precisely what constitutes eligible
behavior for placement in the behavior management program.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to establish special needs treatment programs and criteria for
confinement under conditions which best serve the welfare of youth and protection
of the public.
The adopted rule implements the Human Resource Code, §61.034.
§95.17.Behavior Management Program.
(a)
Purpose. The purpose of this rule is to provide for a Texas
Youth Commission (TYC) youth, assigned to a TYC operated institution, to be
placed in the Behavior Management Program (BMP) and assigned a 90-day disciplinary
maximum length of stay as a consequence for behavior that violates rules.
Assurance that the youth is sufficiently in control to be returned to general
population is affirmed by compliance with the BMP. Disciplinary transfer and
segregation with an assigned maximum length of stay is a major consequence.
(b)
Applicability. This rule does not apply to:
(1)
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);
(2)
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);
(3)
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);
(4)
the use of same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation);
(5)
the aggression management program. See (GAP) §95.21
of this title (relating to Aggression Management Program).
(c)
Explanation of Terms Used.
(1)
Special Services Panel - a panel comprised of special services
members that review the recommendation for admission to BMP made by the youth's
caseworker.
(2)
Program Review Panel - a three-person panel chaired by
the assistant superintendent, which reviews BMP extension requests.
(3)
Individual Behavior Management Plan (IBMP) - a plan developed
for each youth in the BMP which consists of objectives which address the behavior
or cluster of behaviors that prevent the youth from successfully participating
in regular programming.
(4)
Aggression Management Program (AMP) - a program designed
for removing youth from the general population for dangerously aggressive
behavior.
(5)
Admissions, Review, and Dismissal (ARD) committee - a committee
that makes decisions on educational matters of special education students.
(6)
Individual Education Plan (IEP) - the prescribed plan by
which education will be delivered to a special education student.
(d)
Contract Care Program Restriction. TYC contract programs
shall not develop a BMP having a specific disciplinary length of stay.
(e)
Program Eligibility and Admission.
(1)
Eligibility.
(A)
Youth eligible for the BMP are youth who knowingly engage
in, aid, or abet someone else to engage in one or more of the following behaviors:
(i)
willful destruction of property of $100 or more; or
(ii)
assault resulting in bodily injury; or
(iii)
escape or attempted escape as defined in (GAP) §97.29
of this title (relating to Escape/Abscondence and Apprehension); or
(iv)
intentionally participating in riotous conduct as defined
in (GAP) §97.27 of this title (relating to Riot Control); or
(v)
engaging in sexual assault, aggravated sexual assault,
or inappropriate sexual contact other than just kissing; or
(vi)
possessing any item defined as a weapon in the Penal Code
or threatening others with use of an object which could be used as a weapon;
or
(vii)
threatening imminent bodily injury to others; or
(viii)
possessing a controlled substance; or
(ix)
engaging in self-harm; or
(x)
chronic and substantial disruption of the routine of the
facility program with ten or more security admissions or extensions to security
intake or security program in a three month period or five or more security
admissions or extensions in a 30-day period, without reduction in the frequency
of the disruptive behaviors. Disruptive behavior is behavior that prevents
or significantly interferes with others' ability to participate in scheduled
activities and programs.
(B)
Referral is made to a Special Services Panel and approved
by the assistant superintendent based on a determination that the following
criteria have been met:
(i)
the youth poses a continuing risk for identified admitting
behavior(s); and
(ii)
when appropriate, less restrictive methods of documented
intervention have failed and are unable to manage the risk; and
(iii)
the mental status of the youth is assessed and there
are no therapeutic contraindications for admission to the BMP.
(2)
Due Process Hearing. If there is a finding of true with
no extenuating circumstances in a level II hearing that the youth engaged
in one of the behavioral criteria listed in paragraph (1)(A)(i) of this subsection,
the youth is admitted to the BMP with an assigned 90-day disciplinary maximum
length of stay. See (GAP) §95.55 of this title (relating to Level II
Hearing Procedure).
(3)
Appeal. The youth shall be notified in writing of his/her
right to appeal to the executive director. See (GAP) §93.53 of this title
(relating to Appeal to Executive Director). The pendency of an appeal shall
not preclude implementation of the decision.
(4)
Dispositions. Pursuant to a level II hearing herein, certain
youth who are assessed a disposition under this rule may also be assigned
a disciplinary minimum length of stay disposition but only if criteria have
been met and if the youth was given notice of the specific disposition request.
All policy and program requirements of (GAP) §95.11 of this title (relating
to Disciplinary Transfer/Assigned Minimum Length of Stay Consequence) will
apply to the assignment of such.
(5)
A BMP length of stay runs concurrently with a youth's classification
minimum length of stay, or any disciplinary assigned minimum length of stay.
(6)
Families are notified of youth's admission to the BMP within
24 hours of the hearing.
(f)
Program Completion.
(1)
An IBMP must be developed for each youth. The plan will
consist of objectives that address the behavior or cluster of behaviors that
prevent the youth from successfully participating in regular programming.
The plan will be explained to the youth and he/she will sign the plan in acknowledgment.
(2)
A youth shall be released when one of the following occurs:
(A)
youth has met specific performance objectives on the IBMP;
or
(B)
youth has completed his/her length of stay; or
(C)
youth is transferred to the AMP pursuant (GAP) §95.21(c)(3)
of this title (relating to Aggression Management Program).
(g)
Program Extension.
(1)
An extension of up to 30 days may be recommended by a Program
Review Panel and approved by the superintendent if the following criteria
have been met:
(A)
youth's behavior does not comply with program; and
(B)
an appropriate IBMP addressing the non-conforming behaviors
of the youth has been developed and implemented; and
(C)
the modified IBMP can be completed within 30 days; and
(D)
the mental status of the youth was assessed and there are
no therapeutic contraindications for continued confinement in the BMP.
(2)
Reporting. A Program Review Panel Report must be completed
and forwarded to the superintendent within ten working days following the
hearing. The report shall include the panel's findings and explanation of
the rationale for the findings. If the decision is appealed, the report should
be expedited.
(3)
Appeal. The youth shall be notified in writing of his/her
right to appeal to the executive director. See (GAP) §93.53 of this title
(relating to Appeal to Executive Director). The pendency of an appeal shall
not preclude implementation of the decision.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302055
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §95.55
The Texas Youth Commission (TYC) adopts an amendment to §95.55,
concerning Level II Hearing Procedure, without changes to the proposed text
as published in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1626) and will not be republished.
The justification for amending the section is clarification to the rule.
The amendment will make minor grammatical corrections for clarification
only.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075
determination of Treatment, which provides the Texas Youth Commission with
the authority to establish due process hearings for youth believed to have
committed rule violations.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302056
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
Subchapter A. SECURITY AND CONTROL
37 TAC §97.11
The Texas Youth Commission (TYC) adopts an amendment to §97.11,
concerning Control of Unauthorized Items Seized, without changes to the proposed
text as published in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1626) and will not be republished.
The justification for amending the section is consistent practice for enforcing
program rules across TYC facilities and programs.
The amendment will update the designations for certain categories of rule
violations.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.045
Operation of Programs and Facilities, which provides the Texas Youth Commission
with the authority to establish rules of conduct and appropriate consequences
for violations of such rules.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302059
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §97.15
The Texas Youth Commission (TYC) adopts an amendment to §97.15,
concerning Drug Testing Youth, without changes to the proposed text as published
in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1627) and will not be republished.
The justification for amending the section is consistent practice for enforcing
program rules across all TYC facilities and programs.
The amendment will update designations for certain categories of rule violations.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0812,
which provides the Texas Youth Commission with the authority to establish
procedures for the completion of substance abuse treatment programs.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302060
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
37 TAC §97.41
The Texas Youth Commission (TYC) adopts an amendment to §97.41,
concerning Community Detention, without changes to the proposed text as published
in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1627) and will not be republished.
The justification for amending the section is to ensure that youth are
present for hearings to determine whether rule violations have occurred and
held accountable when violations are found to have occurred.
The amendment will clarify criteria for detaining youth in community detention
facilities.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.093
Escape and Apprehension, which provides the Texas Youth Commission with the
authority to apprehend and detain youth in TYC custody who have escaped or
have been released under supervision and broken the conditions of release.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 27, 2003.
TRD-200302061
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 16, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6014
Chapter 163.
COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
37 TAC §§163.21, 163.35, 163.39, 163.40
The Texas Board of Criminal Justice adopts amendments to
rules §§163.21, 163.35, 163.39, and 163.40 of the Standards for
Community Supervision and Corrections Departments (CSCDs) without change to
the proposed text as proposed in the February 7, 2003 issue of the
Texas Register
(28 TexReg 1054).
The purpose of the amendment to §163.21, Administration, is to provide
clarifications for administrative manuals for CSCDs, expands the requirements
for citizen involvement and volunteer services, and adds new language requiring
CSCDs to provide services for victims. Additionally, standards have been developed
to address the CSCDs' responsibility in developing policies and procedures
that address the safety and needs of victims; collaboration with victims,
victim advocates, and sexual assault task forces; transfer procedures, and
the operation of specialized caseloads.
The purpose of the amendment to §163.35, Supervision, is to expand
and clarify the language regarding the intrastate transfer process CSCDs must
follow when transferring probationers to other jurisdictions within Texas.
The purpose of the amendment to §163.39, Residential Services, is
to contain non-substantive changes for clarification purposes.
The purpose of the amendment to §163.40, Substance Abuse Treatment
Standards is to provide clarifying language, adds requirements for cognitive-behavioral
programs, and deletes references to physical plant requirements.
Two comments were received.
Comment: Commentator suggest §163.35(c)(10)(A) (Intrastate Transfers)
be changed to allow for a courtesy supervision case to be supervised based
on local CSCD policies due to financial constraints.
Response: The TBCJ agrees that defendants transferred into CSCDs should
abide by local supervision policies; however, only the court retaining jurisdiction
over a defendant has the authority to modify or alter a condition of supervision.
Comment: Commentator suggests that §163.40(b) (Substance Abuse Treatment)
appears to require that local outpatient counseling programs follow the standards
of treatment centers and this would cause local CSCD outpatient counseling
to cease.
Response: The TBCJ has developed substance abuse standards which address
different levels of treatment. If a CSCD operates an outpatient-counseling
program, the program must comply with §163.40(w) Level IV (Outpatient
Treatment). The program would not be required to follow the same standards
as treatment centers.
The amendments are adopted under Texas Government Code, §509.003
and §509.006.
Cross Reference to Statutes: Texas Government Code §509.003 and §509.006.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 28, 2003.
TRD-200302105
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 463-0422
37 TAC §163.36
The Texas Board of Criminal Justice adopts new rule §163.36
of the Standards for Community Supervision and Corrections Departments (CSCDs)
without change to the proposed text as proposed in the February 7, 2003 issue
of the
Texas Register
(28 TexReg 1071).
The purpose of the new rule §163.36, Mentally Impaired Offender Supervision,
is to provide a new standard for caseloads relating to the supervision of
Mentally Impaired Offenders. This standard addresses the development of policy
and procedures, contact requirements, treatment referral process and coordination
with other treatment providers, caseload size, violation procedures, collaboration
with collateral sources, and transfer procedures.
One comment was received.
Comment: Commentator suggest §163.36 (Mentally Impaired Offender Supervision)
requires a specialized caseload to implement the proposed standards and this
requirement would impose a hardship for CSCDs.
Response: The new rule does not require CSCDs to implement specialized
caseloads for the mentally impaired offender population.
The new rule is adopted under Texas Government Code, §509.003
and §614.013.
Cross Reference to Statutes: Texas Government Code §509.003 and §614.013.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 28, 2003.
TRD-200302107
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 463-0422
37 TAC §163.38
The Texas Board of Criminal Justice adopts new rule §163.38
of the Standards for Community Supervision and Corrections Departments (CSCDs)
without change to the proposed text as proposed in the February 7, 2003 issue
of the
Texas Register
(28 TexReg 1071).
The purpose of the new rule §163.38, Sex Offender Supervision, is
to provide standards for the supervision of the sex offender, a definition
of a sex offender for supervision purposes, policy and procedure development
in regards to contact standards, sex offender registration, DNA collection,
violation procedures, treatment referral process, treatment participation
requirements, team approach to supervision, sharing of information with appropriate
agencies, and recommended caseload size.
One comment was received.
Comment: Commentator suggests §163.38 (Sex Offender Supervision) mandates
a CSO to offender ratio of one to 45, which is not necessary and is an unfunded
mandate.
Response: The new rule does not require CSCDs to implement this ratio for
the Sex Offender population; however, if specialized caseloads are initiated
by the CSCD, the recommended CSO to offender ratio is one to 45.
The new rule is adopted under Texas Government Code, §509.003.
Cross Reference to Statutes: Texas Government Code, §509.003.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 28, 2003.
TRD-200302106
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 463-0422
Chapter 93.
YOUTH RIGHTS AND REMEDIES
Chapter 95.
YOUTH DISCIPLINE
Subchapter B. DUE PROCESS HEARINGS PROCEDURES
Chapter 97.
SECURITY AND CONTROL
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 195.
PAROLE