Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter B. PLACEMENT PLANNING
37 TAC §85.29
The Texas Youth Commission (TYC) proposes an amendment to §85.29,
concerning Program Completion and Movement of Other than Sentenced Offenders.
The amendment to the section will clarify the criteria under which youth with
non-determinate sentences qualify for release or transfer to a placement of
less than high restriction.
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 the efficient processing and timely release
or transfer of eligible youth. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. No private real property rights are affected
by adoption of this rule.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
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 determine release and transition criteria which best serve
the child's welfare and protection of the public.
The proposed rule affects the Human Resource Code, §61.034.
§85.29.Program Completion and Movement of Other Than Sentenced Offenders.
(a) - (d)
(No change.)
(e)
Program Completion Criteria and Movement.
(1)
Youth Whose Classifying Offense is Type A Violent Offender.
(A)
Criteria. A type A violent offender youth will be eligible
for transition/release to a placement of less than high restriction when the
following criteria have been met:
[
(i)
[
(ii)
[
[
[
[
(B)
(No change.)
(2)
Youth Whose Classifying Offense is Other Than Type A Violent
Offender.
(A)
Criteria. A youth other than a type A violent offender
youth will be eligible for transition/release to a placement of less than
high restriction when the following criteria have been met:
[
(i)
[
(I)
completion except three months for transition to medium
restriction for youth assigned a classification MLS of less than 12 months
and is low risk to fail to complete program requirements at medium restriction
placement; or
(II)
completion except six months for transition to medium
restriction for youth assigned a classification MLS of 12 or more months and
is low risk to fail to complete program requirements at medium restriction
placement; or
(III)
completion of the entire MLS for release to home level
restriction; and
(ii)
[
(I)
phase 3
on all three components
of resocialization
[
(II)
phase 4
on all three components
of resocialization
[
[
[
[
(B)
(No change.)
(3)
(No change.)
(f)
(No change.)
(g)
Movement Without Program Completion.
(1) - (2)
(No change.)
(3)
Exceptions to Control Population. TYC recognizes that optimum
program integrity, efficiency, and safety is possible only if programs are
not overpopulated. When overpopulation occurs in any institution, certain
remedial actions are taken by the facility.
(A)
(No change.)
(B)
Early Release Criteria. Youth in specialized treatment
programs and sentenced offenders are not eligible for early release under
these procedures. Those who may be released early are general population youth
who:
(i)
have completed the minimum length
of
[
(ii)
have completed phase three
on all three components
of resocialization.
(C) - (E)
(No change.)
(4)
(No change.)
(h)
(No change.)
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 February 3, 2003.
TRD-200300825
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 424-6301
37 TAC §85.33
The Texas Youth Commission (TYC) proposes an amendment to §85.33,
concerning Program Completion and Movement of Sentenced Offenders. The amendment
to the section will clarify the criteria under which youth with determinate
sentences qualify for release or transfer to a placement of less than high
restriction.
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 the efficient processing and timely release
or transfer of eligible youth. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. No private real property rights are affected
by adoption of this rule.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
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 determine release and transition criteria which best serve
the child's welfare and protection of the public.
The proposed rule affects the Human Resource Code, §61.034.
§85.33.Program Completion and Movement of Sentenced offenders.
(a) - (e)
(No change.)
(f)
Youth sentenced to commitment in the Texas Youth Commission
(TYC) for offenses committed on or after January 1, 1996.
(1)
(No change.)
(2)
Program Completion Criteria and Movement.
(A)
Youth Whose Classifying Offense is a Category 1 Offense.
(i)
Criteria. A category 1 sentenced offender youth will be
eligible for transition/release to a placement of less than high restriction
when the following criteria have been met:
[
(I)
[
(II)
[
[
[
[
(ii) - (iii)
(No change.)
(B)
Youth Whose Classifying Offense is a Category 2 Offense.
(i)
Criteria. A category 2 sentenced offender youth will be
eligible for transition/release to a placement of less than high restriction
when the following criteria have been met.
[
(I)
[
(II)
[
(-a-)
phase 3
on all three components of
resocialization
[
(-b-)
phase 4
on all three components of
resocialization
[
[
[
[
(ii)
(No change.)
(C)
(No change.)
(3)
Transfer From TYC High Restriction To TDCJ, Institution
Division. Transfer from a high restriction facility to the Texas Department
of Criminal Justice, Institutional Division may occur as described in this
paragraph.
(A) - (B)
(No change.)
(C)
Criteria For Other Youth. A transfer shall occur if ordered
by the juvenile court. TYC may request a juvenile court hearing for any other
youth if the following criteria have been met:
(i) - (iii)
(No change.)
(iv)
youth has met at least one of the following behavior criteria:
(I)
(No change.)
(II)
youth persistently has committed
category I
[
(III) - (IV)
(No change.)
(v) - (vi)
(No change.)
(D)
(No change.)
(4) - (5)
(No change.)
(g) - (h)
(No change.)
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 February 3, 2003.
TRD-200300826
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
(i)
no major rule violations within
90 days prior to the transition/release review; and]
(ii)
] completion of the Minimum
Length of Stay (MLS); and
(iii)
] completion of phase 4
on all three components of
resocialization
.
[
goals; and
]
(iv)
completion of Individual
Case Plan (ICP) objectives;]
(I)
completion of required ICP
objectives for transition to medium restriction except objectives which cannot
be completed in the current placement but which may be completed in a medium
restriction placement; or]
(II)
completion of all ICP objectives
for release to home level restriction.]
(i)
no major rule violations within
90 days prior to the transition/release review; and]
(ii)
]
completion of
minimum
length of stay requirements:
(iii)
] completion of phase requirements;
goals
] for transition to medium restriction (for youth classified
on or after January 1, 1996), (not applicable to youth in contract placements);
and
goals
] for release to home level restriction (for youth classified
on or after January 1, 1996), (not applicable to youth in contract placements)
.
[
; and
]
(iv)
completion of required ICP
objectives:]
(I)
completion of required ICP objectives for transition
to medium restriction except objectives which cannot be completed in the current
placement but which may be completed in a medium restriction placement; or]
(II)
completion of all ICP objectives for release
to home level restriction.]
on
] stay, and
(I)
no major rule violations within
90 days prior to the transition/release review; and]
(II)
] completion of the minimum
period of confinement, except as provided in clause (iii) of this subparagraph;
and
(III)
] completion of phase 4
on all three components of
resocialization
.
[
goals; and
]
(IV)
completion of Individual
Case Plan (ICP) objectives:]
(-a-)
completion of required ICP objectives for
transition to medium restriction, except objectives which cannot be completed
in the current placement, but which may be completed in a medium restriction
placement; or]
(-b-)
completion of all ICP objectives for release
on parole to home level restriction.]
(I)
no major rule violations within
90 days prior to the transition/release review; and]
(II)
] completion of the minimum
period of confinement; and
(III)
] completion of phase requirements:
goals
] for transition to medium restriction; or
goals
] for release to home level restriction
.
[
; and
]
(IV)
completion of Individual
Case Plan (ICP) objectives:]
(-a-)
completion of required ICP objectives for
transition to medium restriction, except objectives which cannot be completed
in the current placement, but which may be completed in a medium restriction
placement; or]
(-b-)
completion of all ICP objectives for release
on parole to home level restriction.]
major
] rule violations (on three or more occasions); or
Chapter 95.
YOUTH DISCIPLINE