Part 3.
TEXAS YOUTH COMMISSION
Chapter 91.
PROGRAM SERVICES
Subchapter A. BASIC SERVICES
37 TAC §91.5
The Texas Youth Commission (TYC) adopts the repeal of §91.5,
concerning Clothing, without changes to the proposal as published in the February
21, 2003, issue of the
Texas Register
(28
TexReg 1611) and will not be republished.
The justification the repeal is to allow for the publication of a new rule
concerning clothing, hair, and symbolic expression which provide for the safety
of youth and staff as well as the orderliness and efficiency of TYC programs.
The repeal will allow this rule to be replaced by a new rule which establishes
guidelines and restrictions concerning appropriate youth clothing and overall
appearance.
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 rules appropriate to the accomplishment of
its 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 April 7, 2003.
TRD-200302302
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 27, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6301
37 TAC §91.5
The Texas Youth Commission (TYC) adopts new §91.5, concerning
Clothing, Hair, and Symbolic Expression, without changes to the proposed text
as published in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1612) and will not be republished.
The justification for the new rule is the efficient and safe operation
of TYC facilities.
The new rule will provide clear and meaningful guidelines regarding youth
clothing and overall appearance.
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 rules designed to organize the way of life
of youth in its care in order to provide for the safety of the youth and staff,
as well as the welfare of the youth.
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 April 7, 2003.
TRD-200302303
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 27, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6301
37 TAC §91.7
The Texas Youth Commission (TYC) adopts the repeal of §91.7,
concerning Youth Personal Property, without changes to the proposal as published
in the February 21, 2003, issue of the
Texas Register
(28 TexReg 1613) and will not be republished.
The justification for the repeal is to allow for the publication of a new
rule concerning youth personal possessions.
The repeal will allow this rule to be replaced by a new rule which establishes
limits on youth personal property and defines items that are considered contraband.
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 rules appropriate to the accomplishment of
its 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 April 7, 2003.
TRD-200302299
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 27, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6301
37 TAC §91.7
The Texas Youth Commission (TYC) adopts new §91.7, concerning
Youth Personal Property, with changes to the proposed text as published in
the February 21, 2003, issue of the
Texas Register
(28 TexReg 1613). Changes to the proposed text consist of minor grammatical
corrections.The text of the rule will be republished.
The justification for the new rule is to provide for a safe, sanitary,
and constructive environment within TYC facilities and programs which is conducive
to youth rehabilitation.
The new rule will establish limits on the personal property a youth may
possess while under TYC jurisdiction. The rule will also define items that
are considered contraband.
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 rules appropriate to the accomplishment of
its functions.
The adopted rule implements the Human Resource Code, §61.034.
§91.7.Youth Personal Property
(a)
Purpose. The purpose of this policy is to establish limits
on the personal property a youth may posses while assigned to a residential
facility. The restriction and prohibition of personal property is necessary
in order to maintain facility order and provide a safe, sanitary and constructive
environment conducive to the youth's rehabilitation. This rule also defines
items that are considered contraband in a residential setting.
(b)
Applicability. Contraband or other unauthorized possessions
are disposed of according to (GAP) §97.11 of this title (relating to
Control of Unauthorized Items Seized).
(c)
The Texas Youth Commission (TYC) assessment center shall
prohibit youth possessing personal property except for medically necessary
items. All personal property except for medically necessary items, will be
inventoried, receipted and returned to the person transporting the youth to
the facility to be returned to the youth's home. The county transporter is
responsible for ensuring that all personal items are returned to the youth's
home.
(d)
Other residential programs may prohibit youth from possessing
personal property except for medically necessary items, personal letters,
and photographs that are otherwise acceptable. Programs may allow youth to
possess limited personal property consistent with the program's privilege
system and/or interaction in the community in accordance with (GAP) §93.1
of this title (relating to Basic Youth Rights).
(e)
Prohibited Items/Contraband. The following lists of items
are prohibited and will be considered contraband within a TYC operated or
contract residential facility.
(1)
Any item which is a crime to possess under municipal ordinances
or state or federal law, including solvent inhalants, drugs, and alcohol.
(2)
Unauthorized possession of prescription drugs or over the
counter medication. For example: medication not prescribed to the youth, or
in excess of the amount prescribed to the youth, or without the consent or
knowledge of staff, or at an unauthorized time, etc.
(3)
Narcotics paraphernalia.
(4)
Items that can be used, made, or adapted to use as weapons
against self or others.
(5)
Pictures or drawings that depict exploitive or sexually
explicit male or female nudity or partial nudity or sexual acts, including
magazines or periodicals, which routinely publish such pictures. No forms
of nudity will be allowed to be posted.
(6)
Any items with slogans, mottos or emblems which are obscene,
advocate illegal or immoral conduct, hold individuals or groups up to ridicule,
advocate violence, or reinforce delinquent subcultural values, or in any way
disrupt programs or activities, including but not limited to posters, pictures,
magazines, periodicals, or clothing.
(7)
Money in excess of the amount or not in a form permitted
by facility rules.
(8)
Gambling paraphernalia (dice, playing cards, etc.).
(9)
Devices which have been fashioned to produce tattoos.
(10)
Any item not listed on the youth's Personal Property and
Clothing Inventory form, CCF-510 (other than personal letters or photographs).
(f)
Due to space limitations, youth may be restricted to possessions
that will fit in their designated storage space in a neat and orderly manner.
This includes letters, pictures, books and magazines.
(1)
The amount of space a youth has to store personal belongings
will be left up to the facility, dependent on local issues such as the configuration
of the dorm.
(2)
No youth will be denied the right to possess what the agency
allows based on inadequate storage space; however, local administration may
limit the number or amount of these items based on space limitations.
(g)
Youth with a documented history of self-injury may have
restricted access to certain possessions otherwise authorized under this policy
that might be used to cause themselves harm. These restrictions will be made
on an individual basis and documented in the youth's Individual Case Plan
(ICP).
(h)
Unauthorized possessions will be returned to the youth's
parents or guardian.
(i)
A program is neither liable for nor will replace lost,
stolen or damaged personal items of youth unless loss or damage can be shown
to have resulted from staff negligence.
(j)
An inventory of any personal property or clothing a youth
is allowed to possess will be established and maintained. Any item not listed
on this inventory will be considered contraband and disposed of according
to (GAP) §97.11 of this title.
(k)
Any personal property or clothing a youth is allowed to
possess will move with the youth to each assigned placement.
(l)
Youth may not give, take, borrow, steal, barter, or trade
possessions with other youth.
(m)
A youth who escapes shall be considered to have abandoned
his property. The administrator will notify the youth and his or her parents,
head of household, or managing conservator of the inventory of property and
that the property will be disposed of in 30 days unless shipping COD is authorized.
If authorization is given, all property is shipped COD by the least expensive
means available. If after 30 days in storage the property has not been demanded,
then the property is disposed of. Should a youth subsequently return from
an escape, reasonable efforts will be made to return any property remaining
at the facility. However, a youth shall not be entitled to compensation for
any loss or damage caused by disposition or shipping of property in accordance
with this procedure.
(n)
Parents and youth will be notified in writing of the rules
relating to personal possessions.
(o)
TYC Operated Institutions. With the exception of the TYC
assessment center, youth in TYC operated institutions will be allowed or denied
the following possessions in accordance with the standards outlined in this
policy.
(1)
Clothes and Shoes.
(A)
Dress code requirements will be based upon the youth's
progress in the agency's established treatment program in order to easily
identify a youth's phase, and in order to enhance the youth's incentive to
participate in such program. Facilities will provide all youth with standardized
clothing.
(B)
Youth on phases III and IV will be provided with clothing
that reflect their success in the Resocialization program. Each facility will
develop a local policy specifying dress code requirements. At a minimum, youth
on phase III and IV will be provided with blue jeans or khaki pants that fit
properly, and youth on phase IV will be provided with collared shirts. Facilities
where youth wear military attire are exempt from this requirement.
(C)
Youth of all phases will be provided with standard shoes.
Phase III and IV youth will be allowed to possess one pair of their own tennis
shoes. Shoes must be black, white, or black and white. Shoes may be purchased
with money from the youth's student trust fund, either through a commissary
or through store runs. The family may provide shoes to the youth only if they
are shipped directly from the store, in an effort to prevent contraband from
entering the facility. Shoes will not be provided by the family at visitation.
(D)
Facilities may allow youth to possess additional appropriate
clothing to wear to off-campus privileges such as community jobs or school.
Personal clothing for these purposes will be either provided by the facility
or purchased with money from the youth's trust fund. The family may provide
this clothing to the youth only if they are shipped directly from the store,
in an effort to prevent contraband from entering the facility.
(E)
If a youth loses a phase, the youth may be allowed to keep
personal clothing/shoes in his/her possession. However, the youth will not
be allowed to wear the clothing/shoes until he/she has achieved the required
phase again.
(F)
Youth of any phase will be allowed to possess personal
shoes if they are medically necessary; however, the facility may choose to
provide this to the youth in lieu of the family.
(2)
Jewelry. Because jewelry represents a risk to facility
safety (e.g. items may be used as a weapon or may injure staff/student during
a restraint), youth are not allowed to possess any jewelry.
(3)
Watches. To provide an incentive to participate and progress
in the agency's Resocialization program, phase III and IV youth will be provided
a personal inexpensive watch, preferably provided by the Volunteer Council
or purchased by the facility using money from the Student Benefit Fund.
(4)
Foods.
(A)
As food on the dorm has demonstrated to be a risk to sanitary
living conditions, youth are not allowed to have personal food items in their
possession.
(B)
Facilities will provide vending machines or a commissary
in the visitation area accessible to visitors to purchase food and drinks
for youth and families to consume during visitation only.
(C)
There will not be a limit to the amount of money brought
into the facility by the family for use in the commissary or vending machines.
(D)
Family members may not bring food to visitation, and youth
will not be allowed to take food away from visitation, nor will they be allowed
to receive food through the mail.
(5)
Hygiene Products and Makeup.
(A)
Facilities will provide appropriate and adequate hygiene
products to all youth.
(B)
To provide an incentive to participate and progress in
the agency's Resocialization program, phase IV youth will be allowed to possess
the following individually-purchased personal hygiene products: Bar soap,
shampoo, toothpaste and toothbrush, deodorant, lotion, and/or hair products.
(C)
Females will be allowed to possess and wear makeup based
upon the youth's progress in the agency resocialization program in an effort
to:
(i)
encourage youth to maintain a pro-social appearance and
increased self-respect;
(ii)
provide TYC an opportunity to teach girls personal grooming
skills such as how to apply makeup appropriately to avoid an anti-social or
deviant appearance; and
(iii)
provide an incentive for youth to progress through the
agency's rehabilitation program.
(D)
Phase II female youth will also be allowed to possess and
wear facility-provided lip-gloss, and personal pressed powder.
(E)
Phase III female youth will be allowed to possess and wear
facility-provided lip-gloss, as well as personal pressed powder, blush, mascara
(non-waterproof brown or black only), and facial moisturizer (tinted or non-tinted).
(F)
Phase IV female youth will be allowed to possess and wear
facility-provided lip-gloss, as well as personal pressed powder, blush, mascara
(non-waterproof brown or black only), facial moisturizer (tinted or non-tinted),
lipstick, and base (in a compact, stick form, or plastic container only).
(G)
Tweezers will be provided to girls at all phases to groom
their eyebrows / facial hair. However, the youth will have only controlled
access, and shared tweezers will be sterilized between uses. Any youth may
be prohibited access to tweezers if there is concern that the youth will use
the tweezers inappropriately. This restriction will be documented on the youth's
ICP.
(6)
Restrictions on the Use of Makeup.
(A)
For sanitary reasons, makeup may not be shared among youth.
(B)
Girls may lose the privilege of wearing makeup while on
restriction for category I or II rule violations.
(C)
Girls on the Corsicana Stabilization Unit may not wear
makeup.
(D)
Boys will not be allowed access to makeup for safety issues
(violating the social norms would leave the boys vulnerable to ridicule and/or
harassment).
(E)
Youth will not be allowed to possess any talcum powder,
aerosol products, or products in glass containers or cans. The following types
of makeup will be prohibited: Lip liner pencils, eyeliner (liquid or pencil),
eye shadow (cream, powder or pencil), eyebrow pencil, eyelash curler, loose
powder, waterproof cosmetics, and nail polish. Institution administrators
may place local restrictions on certain types or brands of hygiene products
based on safety concerns, e.g. alcohol content, toxicity, etc.
(7)
Youth of any phase will be allowed to possess additional
hygiene products deemed medically necessary. Facial cleanser will be supplied
to youth as needed/as appropriate to remove cosmetics and/or control acne.
(8)
Makeup and other hygiene products may be controlled by
staff and issued only at times the youth are in need of them.
(9)
Obtaining Clothing, Shoes, Makeup and Hygiene Products.
(A)
Personal clothing for off-campus privileges, shoes, makeup
and other hygiene products may be purchased by the youth through a local commissary
or purchased by the facility on the youth's behalf, using money from the youth's
student trust fund.
(B)
Youth will be allowed to receive phase-appropriate shoes
or clothing through the mail, only if it is shipped directly from the store.
These items will be searched for contraband by staff in the presence of the
youth and placed on the youth's inventory the day they are received.
(C)
If a facility chooses to purchase these items on the youth's
behalf, a local procedure shall be outlined to include a standard approval
procedure and proper accounting procedures. Staff shall not take money directly
from youth for this purpose.
(D)
No more than one of a particular hygiene product will be
kept by the youth at any one time.
(10)
Youth may possess personal magazines, books or other publications;
however, the policy on contraband will limit the content. The youth will be
limited in the number or the amount of publications based on storage space
limitations, and based on what the local fire marshal will allow (e.g. three
books, four publications, etc).
(11)
In order to encourage and assist youth in concentrating
on learning and practicing their Resocialization skills and goals, youth will
not be allowed to possess radios, stereos, cassette tapes, computer diskettes,
compact discs, cell phones, batteries, walkmans, television sets, or other
electronic equipment with the following exception outlined below.
(A)
As an incentive to participate and progress in the agency's
Resocialization program, Phase III and IV youth will possess their own (or
have access to) battery-operated personal radios and/or tape players (e.g.
Walkmans). The radios and/or tape players/tapes will preferably be provided
by the volunteer council or purchased with money from the Student Benefit
Fund. The youth may not receive electronics or music through the mail or through
visitation.
(B)
Youth will only be allowed to use the radios or tape players
during designated free time.
(C)
TYC will provide batteries.
(D)
In facilities that can access radio stations in the dorm,
the youth will be provided only radios. In facilities that cannot access radio
stations inside the dorm, the youth will be provided with tape players and
tapes.
(E)
CD's and CD players will not be allowed.
(12)
Youth may not possess any item that is not expressly allowed
in TYC policy.
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 April 7, 2003.
TRD-200302300
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 27, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6301
37 TAC §93.1
The Texas Youth Commission (TYC) adopts an amendment to §93.1,
concerning Basic Youth Rights, with changes to the proposed text as published
in the March 7, 2003, issue of the
Texas Register
(28 TexReg 2046). Changes to the proposed text consist of minor grammatical
corrections.
The justification for amending the section is increased safety and security
for youth and staff in TYC facilities.
The amendment will clarify the rights and limitations to personal possessions.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order confinement
under conditions it believes best designed for the youth's welfare and interests
of the public.
The adopted rule implements the Human Resource Code, §61.034.
§93.1.Basic Youth Rights.
(a)
Purpose. The purpose of this rule is to establish that
certain basic rights are recognized for each youth in the Texas Youth Commission
(TYC) system. The basic rights accorded each TYC youth are not absolute, but
may be limited to the extent reasonably necessary for the TYC to discharge
its statutory responsibilities with respect to public protection, treatment,
and care and supervision.
(b)
Each youth committed to the care and custody of the TYC
shall be accorded certain basic rights. If a youth feels that TYC, in the
administration of its programs, has violated one or more of his or her basic
rights or in some way has treated him unfairly, abusively or neglectfully,
he may initiate action to remedy his situation, and may expect staff assistance
in doing so.
(c)
Right to Equal Treatment. Youth have the right not to be
discriminated against because of race, sex, language, national origin, physical
or other handicaps, religion, or personal opinions.
(d)
Right of Free Speech and Expression. Youth have the right
to express themselves freely, so long as their expressions do not interfere
with the safe and orderly operation of the program, or except where totally
free expression would be inappropriate due to the unique vulnerability of
youth to improper influences.
(e)
Right of Religious Freedom. Youth have the right to participate
in religious activities of their choice. The TYC shall not compel youth to
participate in any religious activity.
(f)
Right to Personal Possessions. Youth have the right to
keep and use personal possessions so long as these possessions do not endanger
the safety of staff and youth, disrupt programs and activities, encourage
delinquent subcultural values, or appeal to the unique vulnerability of youth
to improper influences. Youth shall not be in possession of contraband as
defined by (GAP) §91.7 of this title (relating to Youth Personal Property).
TYC may also limit a youth's personal possessions, including items:
(1)
that represent a risk to facility safety (e.g. danger to
self or others, fire hazards); or
(2)
that represent a risk to sanitary living conditions; or
(3)
based upon the youth's progress in the agency's established
treatment program in order to enhance the youth's incentive to participate
in such program; or
(4)
in excess of space allotted to each youth. The amount of
space provided to each youth will be dependent on local issues such as the
configuration of the dorm. Excess items will be returned to the youth's family.
(g)
Right to Receive Visitors. Youth have the right to receive
visitors, limited only by considerations of facility security and order. Youth
have a corresponding right to refuse to receive visitors.
(h)
Right of Access to Mail and Telephone. Youth have the right
to correspond freely through the mails except when correspondence among youth
presents a risk to facility security and order. Staff may not read incoming
or outgoing mail. Staff may open incoming mail in the youth's presence to
inspect it for contraband. Staff will not inspect and youth may seal outgoing
mail to special correspondents only. Other outgoing mail from youth may be
inspected for contraband prior to sealing. For additional information and
an explanation of the term special correspondents, refer to (GAP) §93.15
of this title (relating to Youth Mail). Youth will be provided access to telephones
to the extent possible within plant limitations, with equal opportunities
for telephone use being provided to all residents within a facility. Youth
will have access to a telephone in the event of an emergency. TYC does not
have a responsibility to pay for incoming or outgoing long-distance calls,
except in an emergency. See (GAP) §93.13 of this title (relating to Use
of Telephone).
(i)
Right to Earnings and Monetary Gifts. TYC may limit the
amount of money in a youth's personal possession, but may not withdraw money
from a trust fund without the youth's consent.
(j)
Right to Protection from Physical and Psychological Harm.
Youth have the right to be protected from physical and psychological harm.
They have the right to adequate food, clothing and shelter, and shall not
be deprived of food or sleep in the interests of treatment or discipline.
Youth shall not be administered tranquilizers or other drugs in the interest
of discipline or order. Purposeless or degrading work is prohibited.
(k)
Right to Medical and Dental Care. Youth have the right
to basic and necessary medical and dental care, both routine and emergency.
(l)
Right of Access to Attorneys. Youth have the right to confer
with their attorneys in privacy, with appropriate restrictions on the time
and place of meeting.
(m)
Right to be Informed. Youth have the right to be informed
of all rights, policies, procedures, and rules affecting them while in the
custody of TYC.
(n)
Right to Accuracy and Fairness in Decision-Making. Youth
have the right to expect accuracy and fairness in all decisions made concerning
them. The degree of procedural protection afforded a youth shall be consistent
with the requirements of due process of law.
(o)
Right to Confidentiality of Records. Youth have the right
to expect that their records will not be released to anyone other than those
authorized by law to have access to them.
(p)
Right to Express Grievances and Appeal Decisions. Youth
have the right, without fear of reprisal, to have access to a prompt and fair
method of resolving complaints. Youth have the right to appeal to the executive
director from any decision made regarding them. See (GAP) §93.31 of this
title (relating to Youth Complaint Resolution System).
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 April 7, 2003.
TRD-200302298
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 27, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6301
37 TAC §93.15
The Texas Youth Commission (TYC) adopts an amendment to §93.15,
concerning Youth Mail, with changes to the proposed text as published in the
February 21, 2003, issue of the
Texas Register
(28
TexReg 1617). Changes to the proposed text consist of minor grammatical corrections.
The justification for amending the section is to protect TYC youth from
improper influences and prevent youth from receiving contraband through the
mail.
The amendment will describe what kinds of periodicals and publications
youth may receive through the mail, as well as clarify one of the circumstances
which would prevent a youth from sending or receiving mail.
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 appropriate to the accomplishment of
its functions.
The adopted rule implements the Human Resource Code, §61.034.
§93.15.Youth Mail.
(a)
Purpose. The purpose of this section is to establish rules
for promoting open mail communication in residential programs and to establish
limitations on incoming and outgoing youth mail only as necessary for safety
and security and for the protection of youth from improper influences.
(b)
Applicability.
(1)
This rule applies only to mail that is deposited for delivery
in a regular postal service or that is hand-delivered by or to visitors. It
does not apply to other written communication between youth or between staff
members and youth.
(2)
This rule applies only to youth in residential programs.
(c)
Explanation of Terms Used.
(1)
Contraband--means any physical item that presents a substantial
danger to the safety and security of youth, staff, or the facility and any
other item, depiction, or publication that is included in the definition of
"contraband" under (GAP) §95.3 of this title (relating to Rules of Conduct).
(2)
Mail--includes all written correspondence, pictures, publications,
and the contents of packages.
(3)
Special Correspondent--means the following persons:
(A)
Texas Youth Commission (TYC) board members, administrators,
inspectors general, or investigators;
(B)
Government officials, including elected officials, court
officials, and law enforcement officials;
(C)
an attorney for the youth;
(D)
a member of the editorial and reporting staff of any newspaper
or magazine listed in "Ayers Directory of Publications" or the "Editor and
Publisher Year Book" or the editorial and reporting staff of any radio or
television station.
(d)
Juveniles in TYC operated or contracted residential facilities
have the right to communicate or correspond through the mail with persons
or organizations subject only to the limitations necessary to maintain facility
order and security and to protect youth from improper influences.
(e)
Privacy of Correspondence.
(1)
No incoming or outgoing youth mail will be read or censored,
but mail may be inspected for the purposes provided in subsection (f) of this
section.
(2)
Unless a youth requests it, a youth's mail will not be
read for any purpose as long as the mail remains in the youth's possession
in his own sleeping area or on his person. Mail that is abandoned following
a youth's unauthorized departure may be read to aid the youth's apprehension.
(f)
Contraband in Incoming and Outgoing Mail.
(1)
All incoming mail to youth may be opened and inspected
for contraband in the youth's presence.
(2)
All outgoing mail from youth may be inspected for contraband
prior to sealing, except for outgoing mail to special correspondents.
(3)
Youth may receive magazines or other publications that
are not otherwise considered contraband.
(4)
All contraband that is discovered will be seized and disposed
of in accordance with (GAP) §97.11 of this title (related to Control
of Unauthorized Items Seized). Money in the mail is handled in accordance
with (GAP) §99.31 of this title (relating to Youth Banking).
(g)
Stopped Delivery of Incoming and Outgoing Mail.
(1)
Incoming mail, including publications, may not be delivered
to a youth and outgoing mail from a youth may not be deposited for delivery
if it contains contraband or if it is addressed to or from:
(A)
a person (including the victim or the parent or guardian
of a minor) who objects to receiving mail from the youth;
(B)
a person, other than a special correspondent or family
member, whose correspondence with a youth under age 18 has been objected to
by the parents or guardian of the youth;
(C)
a person, other than a special correspondent, who at any
time has attempted to send the youth contraband;
(D)
an inmate of a jail or prison, other than a member of the
youth's family;
(E)
another youth under TYC's jurisdiction when it is found
that either youth has at any time used the mail to facilitate, plan, or engage
in the violation of a rule of conduct; or
(F)
other youth under TYC's jurisdiction when the TYC executive
director determines that mail correspondence between the youth creates an
intolerable risk of disorder under the circumstances existing at a particular
time.
(2)
Mail that is not delivered will be returned to the sender
if a return address is noted on the parcel, otherwise it will be returned
to the post office as undeliverable.
(3)
Mail from a youth will not be deposited for delivery without
a return address printed on the envelope.
(h)
Notice of Stopped Mail and Opportunity for Review.
(1)
Youth will receive notice of mail that is returned to the
sender and of the opportunity for review. The notice to youth will describe
the mail and the reasons for its return in sufficient detail to permit effective
utilization of the review procedures.
(2)
Senders of mail that is returned, other than mail from
persons identified in subsection (g) of this section, may request the reasons
for the mail's return and be provided the opportunity for review. Notice of
the address or telephone number to contact for this information will be stamped
on the returned mail envelope.
(i)
Stopped Mail Review Procedure.
(1)
Persons who have received notice of stopped mail may request
review of the stopped mail by writing to the executive director within two
weeks of their receipt of notice.
(2)
The executive director will notify the person requesting
the review of his/her decision within 30 days of receiving the request.
(3)
If the executive director upholds the stopping of mail
from persons identified in subsection (g) of this section, he/she will notify
the persons requesting the review that they may resubmit their request to
resume mail to or from the youth after six months.
(j)
Postage and Time of Delivery.
(1)
There is no limit on the number or length of incoming or
outgoing letters. Postage and stationery will be furnished to all youth for
three one-ounce domestic letters per week. Additional postage and stationary
may be provided for letters to attorneys for youth or courts.
(2)
All incoming and outgoing letters will be held no longer
than 24 hours and packages no longer than 48 hours except on weekends or holidays
when 72 hours is allowed (if the holiday immediately precedes or follows the
weekend).
(3)
First class letters and packages will be forwarded to a
youth's assigned placement following transfer or release.
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 April 7, 2003.
TRD-200302297
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 27, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
Chapter 93.
YOUTH RIGHTS AND REMEDIES
Chapter 95.
YOUTH DISCIPLINE