Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter N. EMERGENCY AND PURSUIT OPERATIONS WITHOUT USE OF EMERGENCY WARNING DEVICES
37 TAC §1.191
The Texas Department of Public Safety proposes an amendment
to §1.191, concerning Emergency Vehicle Operations. Amendment to the
section simply replaces the outdated statutory reference with the updated
reference.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be assurance to the public that department emergency
vehicles used for law enforcement purposes are operated within statutory requirements
when emergency warning devices are not used. There is no anticipated adverse
economic effect on individuals, small businesses, or micro- businesses.
Comments on the proposal may be submitted to Major David G. Baker, Texas
Department of Public Safety, Traffic Law Enforcement Division, P.O. Box 4087,
Austin, Texas 78773- 0500, (512) 424-2115.
The amendment is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work.
Texas Government Code, §411.004(3) is affected by this proposal.
§1.191.Emergency Vehicle Operation.
(a)
The Texas Department of Public Safety complies with Texas
Transportation Code, §546.004
[
(b)
In deciding not to operate the emergency lights or siren
in compliance with the provisions of Texas
Transportation Code, §546.004
[
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 7, 2003.
TRD-200300941
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-2135
37 TAC §1.211
The Texas Department of Public Safety proposes an amendment
to §1.211, concerning Dishonored Check Fee. Amendment to the section
increases the dishonored check fee collected by the department from $15 to
$25 and replaces the outdated statutory reference with the updated reference.
The increased fee is necessary due to rising overhead costs to the department.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for local government, or local economies. However, there will be an increase
in revenue to state government of approximately $67,000 in years 2003 through
2008 because of the increased fee.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be notice to the public of the increased fee to be
collected by the department for dishonored checks. There is no anticipated
adverse economic effect on small businesses, or micro-businesses. The cost
to individuals who are required to comply with the section as proposed will
be the $25 dishonored check fee.
Comments on the proposal may be submitted to Celia Fuller, Manager, Central
Cash Receiving, Texas Department of Public Safety, P.O. Box 4087, Austin,
Texas 78773-0131, (512) 424-2240.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work.
Texas Government Code, §411.004(3) is affected by this proposal.
§1.211.Dishonored Check Fee.
Pursuant to
Texas Business and Commerce Code, §3.506
[
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 7, 2003.
TRD-200300943
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-2135
Subchapter D. TRAFFIC SUPERVISION
37 TAC §3.53
The Texas Department of Public Safety proposes an amendment
to §3.53, concerning Police Pursuit Operations. The amendment to subsection
(c) is necessary in order to delete language not authorized by statute.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be assurance to the public that department emergency
vehicles used for law enforcement purposes are operated within statutory requirements.
There is no anticipated adverse economic effect on individuals, small businesses,
or micro-businesses.
Comments on the proposal may be submitted to Major David G. Baker, Texas
Department of Public Safety, Traffic Law Enforcement Division, P.O. Box 4087,
Austin, Texas 78774- 0500, (512) 424-2115.
The amendment is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work.
Texas Government Code, §411.004(3) is affected by this proposal.
§3.53.Police Pursuit Operations.
(a)
Duty to drive safely. Officers of the department have an
obligation to the citizens and visitors of this state to protect lives and
property.
(1)
This duty extends to the operation of departmental vehicles
at all times, but is of special importance in all pursuit operations. The
mission of apprehension cannot be accomplished if the patrol unit is involved
in an accident.
(2)
There are times when it is not practicable to continue
pursuit of a violator. The decision to abandon pursuit can only be made by
the officer involved. When in the opinion of the officer continued pursuit
will bring unwarranted danger to the public or to himself, pursuit will be
abandoned.
(b)
Exceptions to traffic laws. There are exceptions granted
to emergency vehicles for turning, parking, stopping, signaling, and speeding.
These exceptions will only apply when an officer is responding to emergency
or pursuit conditions.
(1)
The exception to turning across medians will only be allowed
for the purposes of conducting necessary police functions.
(2)
None of the exceptions to the traffic laws relieve officers
from the responsibility to drive with due regard for safety of all persons.
The use of a siren or emergency lighting does not reduce the need for cautious
defensive driving.
(c)
Use of median. The parking of departmental vehicles within
the median strip is permitted in emergency situations [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 7, 2003.
TRD-200300942
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-2135
Chapter 91.
PROGRAM SERVICES
Subchapter A. BASIC SERVICES
37 TAC §91.5
(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 §91.5, concerning Clothing. This section is being repealed and a new
replacement section is being proposed for publication.
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 repeal will be replaced by a new rule that will establish
dress codes for youth under TYC jurisdiction. 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 repeal is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the accomplishment of its functions.
The proposed rule affects the Human Resource Code, §61.034.
§91.5. Clothing.
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 4, 2003.
TRD-200300868
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §91.5
The Texas Youth Commission (TYC) proposes new §91.5,
concerning Clothing, Hair and Symbolic Expression. The new section will provide
guidelines for a clear and meaningful expectations regarding youth's overall
appearance. The guidelines established are no more restrictive than necessary
to maintain security and order as well as achieve the agency's mission and
philosophy.
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 require a dress code for youth in TYC jurisdiction
to ensure a safe and efficient operation and 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765.
The new section is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to make rules
to ensure a safe and efficient operation and program for youth in TYC jurisdiction.
The proposed rule affects the Human Resource Code, §61.034.
§91.5.Clothing, Hair and Symbolic Expression.
(a)
Purpose. The purpose of this rule is to provide for adequate
and appropriate clothing for youth in residential programs as well as provide
guidelines for clear and meaningful expectations regarding youth's overall
appearance. The guidelines established are no more restrictive than necessary
to maintain security and order as well as achieve the agency's mission and
philosophy.
(b)
Applicability. The rules for dress, hair, piercing, and
symbolic expression apply only to youth in Texas Youth Commission (TYC) operated
residential facilities and residential contract programs.
(c)
Dress Code.
(1)
Programs may require all youth in the program to wear uniform
clothing in order to ensure a safe and efficient operation and program. 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.
(2)
Youth will wear clothing issued and required by the agency
or contract provider.
(3)
Clothing will be clean, fit properly, and be appropriate
to the weather and activity at all times.
(4)
Shoes or acceptable footwear will be worn as appropriate
to the activity at all times.
(5)
Undergarments must be worn and must not show. Females will
wear bras during non-sleeping hours.
(6)
Laundry services shall be sufficient to provide clean clothing
at least three (3) times per week except clean underwear and socks, which
shall be provided daily.
(7)
Clothing will be disinfected when necessary and before
storage of personal items.
(8)
As needed, the program will issue clothing for temporary
use in special events such as community employment or service, sports, camping
and protective clothing for work activity.
(9)
Youth may be allowed to purchase some personal clothing.
See (GAP) §91.7 of this title (relating to Youth Personal Property).
(10)
Patches, embroidery, buttons, and writing on clothing
must not signify anything about gangs, drugs, alcohol, sex, obscene language,
violent acts, or show disrespect to any group or class of people.
(d)
Piercing.
(1)
For health and safety reasons, youth in TYC-operated institutions
or high restriction contract programs will not wear earrings or other piercing
paraphernalia.
(2)
In the case of a unique health or safety issue, a youth
in a medium restriction program may not be allowed to wear earrings. These
restrictions will be made on a individual basis and documented in the youth's
Individual Case Plan (ICP).
(3)
In an effort to eliminate impediments to the youth's successful
reestablishment in society, including non-traditional appearance, youth shall
not take part in tattooing or body piercing.
(e)
Hair.
(1)
Youth in TYC-operated residential facilities and residential
contract programs shall adhere to certain hairstyle requirements in order
to maintain a degree of uniformity, and to encourage youth to maintain a pro-social
appearance and increased self-respect.
(2)
Males must be clean-shaven, and sideburns may not extend
below the middle of the ears. Females will be allowed to shave as appropriate.
This will not be a privilege tied to phase.
(3)
Hair should be neatly cut, clean and well groomed. No block
style, natural or shag haircuts will be permitted.
(4)
No fads or extremes are allowed. No mohawks, spikes, tails,
or designs cut into the hair or eyebrows are allowed. No shaved/partially-shaved
heads will be allowed. Hair parts must be straight.
(5)
Youth in TYC institutions or secure contract programs will
be held to the following standards:
(A)
Hairstyle requirements for males will be 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. Males on phases
0, 1, 2 and 3 shall have their hair cut to a length equivalent to a #1 or
#2 Oster. Males on phase 4 may grow their hair no longer than the collar of
a polo shirt.
(B)
In secure facilities populated only by emotionally disturbed
youth, all females may be restricted to maintain their hair length above the
shoulder for safety reasons. In other facilities, individuals may be restricted
to maintain their hair length above the shoulder if there is reason to believe
the hair may be used for self-injury, used to conceal other objects used for
self-injury, or used to obscure staff's view of the neckline and conceal evidence
of self-injury. Individual restrictions and the justification shall be documented
in the youth's Individual Case Plan (ICP).
(C)
Hair may be required to be tied up or back in a pony-tail
(if it is long enough to obscure staff's view of the neckline or face) with
one (1) black, white, or black and white scrunchie, elastic band, or rubber
band that will be provided by the facility.
(D)
Hairstyles that facilitate hiding contraband will not be
allowed, e.g. buns, thick braids, curly hair that stands out more than two
inches from the head, use of multiple scrunchies, etc.
(f)
Symbolic Expression. Symbolic expression(s) that have been
shown to precipitate violent behavior, which endangers the safety of youth,
staff or visitors at the facility, is prohibited.
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 4, 2003.
TRD-200300867
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §91.7
(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 §91.7, concerning Youth Personal Property. This section is being repealed
and a new replacement section is being proposed for publication.
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 enforcing or administering the repeal.
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 the repeal will be replaced by a new rule that
will establish limits on a youth personal property under TYC jurisdiction.
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 the proposed repeal.
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 repeal is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to make rules
appropriate to ensure a safe, sanitary and constructive environment conducive
to the youth's rehabilitation.
The proposed repeal affects the Human Resource Code, §61.034.
§91.7.Youth Personal Property.
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 4, 2003.
TRD-200300870
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §91.7
The Texas Youth Commission (TYC) proposes new §91.7,
concerning Youth Personal Property. The new section will establish limits
on the personal property a youth may posses while under TYC jurisdiction.
The new rule also defines items that are considered contraband in a residential
setting.
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 restrict and prohibit personal property that
is necessary to provide a safe, sanitary and constructive environment conducive
to the youth's rehabilitation. 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 proposal 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 new section is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to make rules
appropriate to ensure a safe, sanitary and constructive environment conducive
to the youth's rehabilitation.
The proposed rule affects 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
Disposition of Unauthorized Items Seized).
(c)
The 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 in paragraph (9)
of this subsection.
(A)
As an incentive to participate and progress in the agency's
Resocialization program, Phase 3 and 4 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 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 4, 2003.
TRD-200300869
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §91.81
The Texas Youth Commission (TYC) proposes an amendment to §91.81,
concerning Medical Consent. The amendment to the section will clarify the
emergency care or life threatening condition.
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 improve the tracking of correspondence relating
to consent for medical treatment of youth by the parent. 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, §61.076,
which provides the Texas Youth Commission with the authority to provide medical
treatment that is necessary.
The proposed rule affects the Human Resource Code, §61.034.
§91.81.Medical Consent.
(a)-(d)
(No change.)
(e)
Emergency Care or Life Threatening Condition. [
(1)
When emergency care is needed
or when the condition needing treatment is life threatening, care will be
given. The facility administrator will notify the parent/guardian of a life
threatening condition or the need for emergency care. If the parent/guardian
cannot be reached prior to care being given, then an attempt will be made
to notify the parent/guardian as soon as possible thereafter.
[
(2)
If psychotropic medication
is the required medical intervention but the youth cannot or will not give
consent and all criteria in (GAP) §91.92 of this title (relating to Psychotropic
Medication-Related Emergencies) have been met, care will be given.
[
[
[
(f)-(g)
(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 4, 2003.
TRD-200300883
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC 93.15
The Texas Youth Commission (TYC) proposes an amendment to §93.15,
concerning Youth Mail. The amendment to the section clarifies that youth may
receive magazines or other publications that are not otherwise considered
contraband. Minor grammatical changes were made for clarification.
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 provide limitations on incoming and outgoing
mail only as necessary for safety, security and for the protection of youth
from improper influences. 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, §61.045,
which provides the Texas Youth Commission with the authority 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.
The proposed rule affects the Human Resource Code, §61.034.
§93.15.Youth Mail.
(a)-(b)
(No change.)
(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)
(No change.)
(3)
Special Correspondent - means the following persons:
(A)
Texas Youth Commission (TYC)
[
(B)-(D)
(No change.)
(d)
Juveniles in
TYC
[
(e)
(No change.)
(f)
Contraband in Incoming and Outgoing Mail.
(1)-(2)
(No change.)
(3)
Youth may receive magazines
or other publications that are not otherwise considered contraband.
(4)
[
(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)-(D)
(No change.)
(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
[
(F)
(No change.)
(2)-(3)
(No change.)
(h)
Notice of Stopped Mail and Opportunity for Review.
(1)
Youth will receive notice of mail that is returned to the
sender [
(2)
Senders of mail that is returned [
(i)
Stopped Mail Review Procedure.
(1)
Persons who have received notice of stopped mail [
(2)
The executive director will notify the person requesting
the review of
his/her
[
(3)
If the executive director upholds the stopping of mail
from persons identified in subsection (g)[
(j)
(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 7, 2003.
TRD-200300947
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §93.33
(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 §93.33, concerning Alleged Mistreatment. This section is being repealed
and a new replacement section is being proposed for publication.
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 replaced by a new rule that will establish
a greater level of objectivity and accountability for investigators of alleged
mistreatment incidents. 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 repeal is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to establish
procedures to ensure the welfare of youth in its care.
The proposed rule affects the Human Resource Code, §61.034.
§93.33.Alleged Mistreatment.
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 7, 2003.
TRD-200300945
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §93.33
The Texas Youth Commission (TYC) proposes a new §93.33,
concerning Alleged Mistreatment. The amendment to the section provides for
the investigation of allegations of abuse, neglect, or exploitation in programs
and facilities under Texas Youth Commission jurisdiction.
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 greater level of objectivity and accountability
for investigators of alleged mistreatment incidents. 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, §61.045
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 proposed rule affects the Human Resource Code, §61.034.
§93.33.Alleged Mistreatment.
(a)
Purpose. This rule provides for the investigation of allegations
of abuse, neglect or exploitation in programs and facilities under Texas Youth
Commission (TYC) jurisdiction. It also provides standards for investigations
and for the compilation of investigation information. The purpose of all provisions
in this rule is the protection of youth.
(b)
Applicability.
(1)
This rule applies to all programs and facilities under
TYC jurisdiction including institutions, halfway houses, contracted residential
services, and parole services.
(2)
For procedures regarding the resolution of youth complaints,
refer to (GAP) §93.31 of this title (relating to Complaint Resolution
System).
(3)
For procedures regarding appeals to the executive director,
refer to (GAP) §93.53 of this title (relating to Appeals to the Executive
Director).
(c)
Explanation of Terms Used.
(1)
Abuse - means an intentional, knowing, or reckless act
or omission that causes or may cause emotional harm or physical injury to,
or death of, a youth.
(2)
Neglect - means a negligent act or omission, including
failure to comply with an individual case plan, that causes or may cause substantial
emotional harm or physical injury to, or death of a youth.
(3)
Exploitation - means the illegal or improper use of a youth,
for monetary or personal benefit, profit, or gain.
(4)
Emotional harm - means impairment in the youth's growth,
development or psychological functioning.
(5)
Sexual conduct - means a lewd exhibition or a sexual contact
with another person, including orifice penetration, fondling or sexual stimulation,
whether or not the conduct is consensual.
(6)
Chief local administrator - the person employed in a TYC
facility or district office that is responsible for overseeing the operations
of a facility contract program or parole services. For institutions, halfway
houses, boot camps, the Corsicana Residential Treatment Center and the Marlin
Assessment and Orientation Unit (MAOU), the chief local administrator (CLA)
is the superintendent. For contract programs the quality assurance administrator
(QAA) is the CLA and for TYC supervised parole, the parole supervisor is CLA.
(7)
Deputy Chief Inspector General - the person employed in
TYC's office of general counsel who is responsible for categorizing, overseeing,
and closing investigations of category 1 reports, and compiling investigation
information.
(8)
Inspector General - the person employed in TYC's office
of General Counsel and located in a facility or district office who is responsible
for conducting investigations.
(d)
Reporting Requirements.
(1)
Any person having cause to believe that a youth has been
or may be adversely affected by abuse, neglect, or exploitation by an employee,
volunteer or contractor in programs or facilities under TYC jurisdiction will
report the matter in accordance with the provisions of this rule. The report
may be made also to an appropriate law enforcement agency or to the Department
of Protective and Regulatory Services (DPRS).
(2)
A report under this section will be made immediately or,
no later than by the end of the current work shift if the person making the
report is an employee, volunteer, or contractor.
(3)
The requirement to report under this section applies without
exception to a person whose personal communications may otherwise be privileged,
including an attorney, a member of the clergy, a medical practitioner, a social
worker, or a mental health professional.
(4)
Except for investigation purposes, the identity of a person
making a report is confidential.
(e)
Reporting Contents.
(1)
A report under subsection (d) of this section will be made
orally or in writing to the facility's CLA or any TYC staff member. A youth
or parent may also make the report by filing a complaint under the complaint
resolution procedures (GAP) §93.31 of this title (relating to Complaint
Resolution System). A TYC staff member who receives a report made under subsection
(d) of this section will refer it immediately to the facility's CLA.
(2)
The person making a report will provide as much detailed
information as possible regarding the circumstances of the report, including
the identity of persons involved, the location and time of relevant events,
and the identity of others who may provide further information.
(3)
The person receiving a report under this section will take
whatever immediate steps the person believes are necessary to protect the
youth and to preserve evidence that may be pertinent to an investigation of
the matter.
(f)
Incidents and Injuries Requiring Report in Residential
Programs. Unless a report under section (d) of this section has been made
previously regarding the incident or injury, the chief administrator of a
residential program or facility under TYC jurisdiction, or that person's designee,
shall report promptly:
(1)
the following incidents, even though the person may have
no immediate cause to believe that a youth has been or may be adversely affected
by abuse, neglect or exploitation by an employee, volunteer or contractor
in the program or facility:
(A)
suspected sexual conduct between youth and an employee,
volunteer or contractor;
(B)
attempted suicide;
(C)
discovery of contraband drugs within a facility or program;
(D)
escape from a high-security facility; and
(E)
non-consensual sexual stimulation, fondling or lewd exhibition
between youth or any sexual contact that involves orifice penetration between
youth;
(2)
the following injuries when they are not clearly the result
of unpreventable accident:
(A)
eye injuries;
(B)
broken bones;
(C)
loss of consciousness;
(D)
traumatic loss of teeth or portions of teeth;
(E)
cuts requiring stitches;
(F)
internal bleeding;
(G)
eardrum injuries;
(H)
loss of skin or hair;
(I)
joint injury; and
(J)
multiple welts and bruises; and
(K)
any communication or contact between a youth and an employee,
volunteer or contractor that evidences a possible abusive or exploitative
relationship.
(g)
Referral of the report to the Deputy Chief Inspector General.
By the end of the workday in which a report is received, the facility's CLA
will refer the report to the deputy chief inspector general who will take
the following actions before the end of the next working day:
(1)
determine whether the report meets the requirements of
sections (d) and (f) of this section;
(2)
record all reports for tracking;
(3)
assign an investigator; and
(4)
immediately notify the CLA of the facility or district
office that generated the report of the above actions taken.
(h)
Actions of Chief Local Administrator Regarding Report.
Upon receipt of notice from the deputy chief inspector general regarding a
report, the CLA will immediately take the following actions:
(1)
notify the appropriate law enforcement agency, the youth
and the youth's parents or guardian;
(2)
notify any employee, volunteer, or contractor accused of
wrongdoing of the nature of the investigation and of the person's duty to
cooperate with it; and
(3)
take any action necessary to ensure that the investigation
or review is conducted with the full cooperation of staff and youth, that
adequate resources are provided, and that the youth is protected.
(i)
Standards for Investigations.
(1)
The person assigned to conduct an investigation will be
qualified by experience and training to conduct quality investigations.
(2)
In the event a law enforcement agency has assumed the investigation
of a report, a person who has been assigned to conduct the investigation will
cooperate and assist with the law enforcement agency's investigation and not
take any action that might be detrimental to it.
(3)
A thorough investigation shall be conducted regarding all
allegations. All evidence that is relevant and reasonably available will be
gathered and preserved, including documents, physical evidence, witness interviews
and statements, photographs, and security videos.
(4)
The investigation will be directed at resolving all the
relevant issues raised by the report of mistreatment.
(A)
With regard to a report of alleged abuse, the investigator
will find whether the:
(i)
alleged act or failure to act occurred;
(ii)
act or failure to act caused emotional harm or physical
injury; and
(iii)
person who took the action or who failed to act did so
intentionally, knowingly, or recklessly.
(B)
With regard to a report of alleged neglect, the investigator
will find:
(i)
whether there was substantial emotional harm or physical
injury of the youth as alleged;
(ii)
the standard of care or duty expected under the circumstances
that are alleged;
(iii)
whether the actions or failure to act under the circumstances
violated the standard of care or duty; and
(iv)
whether the actions or failure to act caused the substantial
emotional harm or physical injury of the youth.
(C)
With regard to a report of alleged exploitation, the investigator
will find whether:
(i)
a youth or a youth's resources were used by the accused
person in the manner alleged;
(ii)
the use was for monetary or personal benefit, profit,
or gain; and
(iii)
the use was illegal or improper.
(5)
The investigator's findings will be based on a preponderance
of the evidence. In the event a finding based on a preponderance of the evidence
cannot be made regarding an issue, the investigator will indicate that the
evidence is inconclusive.
(6)
The investigator will prepare a written report of the findings,
including a summary and analysis of the evidence relied upon in reaching the
findings. Copies of relevant documents and photographs will be attached to
the report.
(7)
In the event the investigator determines that the evidence
affirms findings pertaining to a different type of allegation than the one
assigned, the investigator will indicate those findings in the written report.
(j)
Investigation Report- Submission and Closure.
(1)
Within 15 workdays following the assignment, the investigator
will submit the completed investigation report to the deputy chief inspector
general. The deputy chief inspector general may approve an extension in the
time for submission for good cause.
(2)
Within five (5) workdays following receipt of the report,
the deputy chief inspector general will review the report and consult with
the investigator regarding any necessary additions or clarifications. The
deputy chief inspector general may extend the time for this review if it is
required for a thorough and complete report.
(3)
The deputy chief inspector general will indicate whether
the report of mistreatment is confirmed or not as follows:
(A)
if all the requisite findings are affirmed by the evidence,
the deputy chief inspector general will indicate that the report is confirmed
as alleged;
(B)
if all the requisite findings are not affirmed, the deputy
chief inspector general will indicate that the report is not confirmed as
alleged.
(4)
The deputy chief inspector general will indicate approval
of the investigation findings by officially closing the report as confirmed
or not confirmed, and referring it to the CLA of the program or facility that
generated the allegation.
(k)
Actions of the Chief Local Administrator Regarding Investigation
Report.
(1)
Within five (5) working days of receiving an investigation
report, the CLA will review the report and take the following actions:
(A)
notify the appropriate law enforcement agency, the youth,
the youth's parents or guardian, and the person accused of wrongdoing of the
results of the investigation; and
(B)
if the report is confirmed, take whatever actions are necessary
and appropriate to rectify the wrong and prevent future harm under the same
or similar circumstances.
(2)
The CLA will notify the deputy chief inspector general
of all actions taken with regard to confirmed reports.
(l)
Complaints Regarding Investigations and Periodic Audits.
(1)
Complaints regarding the conduct of investigations will
be submitted to the office of general counsel for review and final resolution.
(2)
The general counsel or designee takes whatever action is
appropriate to ensure fair and accurate findings. The decision rendered by
the general counsel is final.
(3)
The decision by the general counsel is forwarded to the
executive director and the CLA.
(4)
The agency cannot modify in any way or override the decision
by the general counsel, but the executive director will indicate whether the
agency adopts the investigation findings for action.
(5)
The general counsel's decision and the executive director's
decision regarding agency adoption of category 1 investigation findings will
be forwarded to the TYC Board for review.
(6)
The TYC Board will ensure there is a periodic internal
audit of procedures in this section related to alleged abuse, neglect and
exploitation investigations.
(m)
Standards for Compiling Investigation Information and Confidentiality
of Reports.
(1)
Accurate and timely investigation information will be compiled
related to the number and nature of reports filed and confirmed, the dates
and locations of reported incidents, the average length of time required for
investigations and the identification of significant trends. This information
will be compiled at least twice each year and be available for public inspection.
(2)
Additional information including a summary of the findings
and corrective actions taken with regard to all confirmed reports will be
prepared for periodic review and analysis by the TYC executive staff and the
TYC Board.
(3)
In a report the identity of the person making the allegation,
the files, reports, records, tapes, communications, and working papers used
or developed in an investigation, or in providing services as a result of
the investigation, are confidential and not open for public inspection under
the provisions of §261.201 of the Family Code and chapter 552 of the
Government Code.
(4)
A report will be provided to a law enforcement agency or
other criminal justice agency for purposes of investigation and prosecution.
(5)
A report will be provided to a parent, managing conservator
or other legal representative of a youth upon request. The information contained
in the report will be edited to protect the identity of the person making
the report, of other youth, and of any other person who may be harmed by the
disclosure.
(6)
Evidence contained in a report may be revealed to an employee
having a right to the information to appeal of the findings of an investigation
or to defend a disciplinary action arising from an investigation. Except in
employment termination cases, the decision authority has the discretion to
delete names when the decision authority determines the names are not necessary
for the fair resolution of contested facts. Investigation reports are confidential
youth records, and such reports and the information therein may be used by
the employee only for appeal of an investigation or to defend a disciplinary
action arising from an investigation.
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 7, 2003.
TRD-200300946
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
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 will
clarify which matters may be directly appealed to the executive director.
All complaints and requests for review related to alleged mistreatment investigations
will now be submitted to the office of general counsel.
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 ensuring due process for parties wishing
to review the findings of an alleged mistreatment investigation. 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, §61.045
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to establish procedures for ensuring the welfare of youth
in its care.
The proposed rule affects the Human Resource Code, §61.034.
§93.53.Appeal to Executive Director.
(a)
Purpose. The purpose of this rule is to permit Texas Youth
Commission (TYC) youth, their parents or guardians, and TYC or contract program
employees to appeal decisions made by TYC or contract program employees to
the TYC executive director.
(b)
An appeal to the executive director may be filed after
all preliminary levels of appeal have been exhausted, concerning any TYC or
contract program employee decision regarding a complaint.
(c)
A direct appeal to the executive director may be filed
in matters limited to:
(1)
parole revocation;
(2)
reclassification;
(3)
classification;
(4)
a disciplinary transfer or assigned disciplinary length
of stay under (GAP) §95.11 of this title (relating to Disciplinary Transfer/Assigned
Minimum Length of Stay Consequence);
(5)
behavior management program length of stay and extension
under (GAP) §95.17 of this title (relating to Behavior Management Program);
(6)
aggression management program length of stay under (GAP) §95.21
of this title (relating to Aggression Management Program);
(7)
a disapproved home evaluation;
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(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 at the discretion of the executive director.
(e)
The executive director shall respond to each appeal, in
writing, within 30 working days after receipt of the appeal. When the response
cannot be completed within 30 working days, a delay letter explaining that
the decision is delayed but will be forthcoming is sent to the complainant.
Failure to respond to an appeal within this time period will constitute an
exhaustion of administrative remedy for purposes of appeal to the courts,
but will not be construed as acceptance or rejection of any contention made
in the appeal.
(f)
Opinions are distributed to the youth, the youth's attorney
or representative, if any, and certain TYC staff.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300874
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.7
The Texas Youth Commission (TYC) proposes an amendment to §95.7,
concerning Reclassification Consequence. The amendment to the section will
update designations for categories of rule violations.
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 consistent practice for enforcing program
rules across all facilities. 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 establish rules of conduct and appropriate consequences for
violations of program rules.
The proposed rule affects the Human Resource Code, §61.034.
§95.7.Reclassification Consequence.
(a)-(b)
(No change.)
(c)
Explanation of Terms Used. A high risk offense - is any
category I
[
(d)-(f)
(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 4, 2003.
TRD-200300878
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §95.9
The Texas Youth Commission (TYC) proposes an amendment to §95.9,
concerning Parole Revocation Consequence. The amendment to the section will
clarify which rule violations result in parole revocation as a consequence.
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 consistent practice for enforcing program
rules and holding youth accountable for rule violations. 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 establish rules of conduct and appropriate consequences for
violations of program rules.
The proposed rule affects the Human Resource Code, §61.034.
§95.9.Parole Revocation Consequence.
(a)-(b)
(No change.)
(c)
Explanation of Terms Used. A high
-
risk offense
- is any
category I
[
(d)
Criteria and Disposition.
(1)
Parole will be revoked if it is found at a level I hearing
that a youth has:
(A)-(B)
(No change.)
(C)
committed
one of the following category I
[
(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;
or
(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
[
(A)-(B)
(No change.)
(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)
(No change.)
(e)
Restrictions.
(1)
(No change.)
(2)
When local authorities make a written request to defer
an allegation to their jurisdiction for prosecution,
Texas Youth Commission
(TYC)
[
(3)
If a youth is on parole from another state and is being
supervised by
TYC
[
(4)
(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 4, 2003.
TRD-200300879
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
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 will clarify that a youth
may be demoted one or more behavior phases as a disciplinary consequence for
behavior that violates rules. The amendment also updates designations for
categories of rule violations.
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 consistent practice for enforcing program
rules across all facilities. 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 establish rules of conduct and appropriate consequences for
violations of program rules.
The proposed rule affects the Human Resource Code, §61.034.
§95.11.Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion of Phase Consequence.
(a)-(b)
(No change.)
[
(c)
[
(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
;
[
(B)
assigned a disciplinary minimum length of stay but only
at the present placement
; or
[
(C)
demoted one or more resocialization
phases in the behavior area.
(2)
If it is found at a level II hearing that the youth has
committed any
category I
[
(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
one
[
(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.
(d)
[
(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.
(e)
[
(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
(7)
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
(3)
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 February 4, 2003.
TRD-200300875
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §95.15
The Texas Youth Commission (TYC) proposes an amendment to §95.15,
concerning Parole Minor Disciplinary Consequences. The amendment to the section
will update designations for categories of rule violations.
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 consistent practice for enforcing program
rules across all facilities. 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 establish rules of conduct and appropriate consequences for
violations of program rules. The proposed rule affects the Human Resource
Code, §61.034.
§95.15.Parole Minor Disciplinary Consequences.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
Category I
[
(3)
(No change.)
(c)-(d)
(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 4, 2003.
TRD-200300876
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §95.17
The Texas Youth Commission (TYC) proposes an amendment to §95.17,
concerning Behavior Management Program. The amendment to the section makes
one grammatical change for clarification.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the amended section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amended section.
Mr. McCullough also has determined that for each year of the first five
years the amended section is in effect the public benefit anticipated as a
result of enforcing the amended section will be clarification to the rule.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amended section as proposed.
No private real property rights are affected by the proposal of this amendment.
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 establish special needs treatment programs and criteria for
confinement under conditions which best serve the welfare of youth and protection
of the public.
The proposed amendment affects the Human Resource Code, §61.034.
§95.17.Behavior Management Program.
(a) - (d)
(No change.)
(e)
Program Eligibility and Admission.
(1)
(No change.)
(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)
[
(3) - (6)
(No change.)
(f) - (g)
(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 5, 2003.
TRD-200300904
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §95.21
The Texas Youth Commission (TYC) proposes an amendment to §95.21,
concerning Aggression Management Program. The amendment to the section will
update working titles to be consistent with current designations.
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 consistent use of current titles among all
policies and institutions. 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 establish special needs treatment programs and criteria for
confinement under conditions which best serve the welfare of youth and protection
of the public.
The proposed rule affects the Human Resource Code, §61.034.
§95.21.Aggression Management Program.
(a)-(g)
(No change.)
(h)
Program Monitoring and Youth Rights.
(1)
(No change.)
(2)
Youth will be offered the opportunity to meet with the
assistant superintendent
[
(3)
(No change.)
(i) -(j)
(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 4, 2003.
TRD-200300877
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
37 TAC §95.55
The Texas Youth Commission (TYC) proposes an amendment to §95.55,
concerning Level II Hearing Procedure. The amendment to the section will make
minor grammatical corrections for clarification.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the amended section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amended section.
Mr. McCullough also has determined that for each year of the first five
years the amended section is in effect the public benefit anticipated as a
result of enforcing the amended section will be clarification to the rule.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amended section as proposed.
No private real property rights are affected by the proposed amendment.
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 establish procedures for due process hearings for youth believed
to have committed rule violations.
The proposed rule affects the Human Resource Code, §61.034.
§95.55.Level II Hearing Procedure.
(a) - (c)
(No change.)
(d)
Procedure.
(1) - (4)
(No change.)
(5)
The hearing manager shall be a Texas Youth Commission (TYC)
staff member who is trained to function as a hearing
manager
.
(A) - (D)
(No change.)
(6) - (28)
(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 5, 2003.
TRD-200300903
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
Subchapter A. SECURITY AND CONTROL
37 TAC §97.11
The Texas Youth Commission (TYC) proposes an amendment to §97.11,
concerning Control of Unauthorized Items Seized. The amendment to the section
updates designations for categories of rule violations.
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 consistent practice for enforcing program
rules across all facilities. 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, §61.045
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to establish rules of conduct and appropriate consequences
for violations of these rules.
The proposed rule affects the Human Resource Code, §61.034.
§97.11.Control of Unauthorized Items Seized.
(a)
Purpose. The purpose of this policy is to provide for the
preservation, control, and/or disposition of all contraband including physical
evidence obtained in connection with a violation of law and/or
category
I
[
(b)
(No change.)
(c)
Contraband -
Category II
[
(d)
Contraband - Potential Evidence.
(1)
Seized contraband which constitutes a
category I
[
(2)-(5)
(No change.)
(e)-(f)
(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 4, 2003.
TRD-200300880
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 424-6301
Civil Statutes, Article 6701d, §24
], requirements that promulgate exceptions to the operation of an authorized
emergency vehicle that is used for law enforcement purposes. The exceptions
relate to operation without the use of audible and visual warning devices.
Civil Statutes, Article 6701d, §24(d)
], the driver
of the emergency vehicle should give consideration to the safety of others.
Subchapter P. DISHONORED CHECK FEE
Texas Civil Statutes, Article 9022
], a fee of
$25
[
$15
] will be assessed on each dishonored check returned to the Texas Department
of Public Safety.
Chapter 3.
TRAFFIC LAW ENFORCEMENT
or for the observance
of traffic including the working of radar
]. No traffic law violator
will be directed to stop within the median strip except under extreme emergency
conditions when it is vital that he be stopped at once and when stopping on
the right-hand side is not feasible or practicable.
Part 3.
TEXAS YOUTH COMMISSION
Subchapter D. HEALTH CARE SERVICES
When
emergency care is needed or when the condition needing treatment is life threatening
and:
]
(1)
the youth is 18 years or older
and cannot or will not give informed consent, care will be given.]
(2)
the youth is under 18 years
old, TYC will give its consent for care when TYC has authority to consent,
i.e., no objection has been received from the parent or guardian. If TYC has
been given notice of objection, TYC staff will, regarding the emergency care,
attempt to contact the person having authority to consent.]
(3)
the youth is under 18 years
old and refuses treatment, care will be given.]
(4)
regardless of age, psychotropic
medication is the required medical intervention, but the youth cannot or will
not give consent and all criteria in (GAP) §91.92 of this title (relating
to Psychotropic Medication-Related Emergencies) have been met.]
Chapter 93.
YOUTH RIGHTS AND REMEDIES
(relating to Rules of Conduct, Contraband and Dress).
]
TYC
]
board members, administrators,
investigators general
[
youth
rights specialists
], or investigators;
Texas Youth Commission
(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.
(3)
] All contraband that is discovered
will be seized and disposed of in accordance with (GAP) §97.11 of this
title (related to Disposition of Unauthorized Items Seized). Money in the
mail is handled in accordance with (GAP) §99.31 of this title (relating
to Youth Banking).
violated
] a rule of conduct
; or
[
and mail between the youth was involved; or
]
under subsection (g) of this section
] and of the opportunity
for review [
as provided in subsection (i) of this section
]. 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.
under subsection
(g) of this section
], other than mail from persons identified in subsection
(g) [
(1)(B)(D) or (F)
] of this section, may request the reasons
for the mail's return and be provided the opportunity for review [
as
provided in subsection (i) of this section
]. Notice of the address or
telephone number to contact for this information will be stamped on the returned
mail envelope.
under subsection (h) of this section
] may request review of the stopped
mail by writing to the executive director within two weeks of their receipt
of notice.
his or her
] decision within thirty
days of receiving the request.
(1)(C)(D) or (E)
] of
this section,
he/she
[
it
] will notify the persons requesting
the review that they may resubmit their request to resume mail to or from
the youth after six months.
(8)
the results of an alleged
mistreatment investigation under (GAP) §93.33 of this title (relating
to Alleged Mistreatment);]
(9)
] an appeal of a level IV hearing
when a youth is being detained in a location other than a TYC operated institution;
(10)
] 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)
] 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
(13)
] a decision from a Title IV-E
hearing.
Chapter 95.
YOUTH DISCIPLINE
major
] rule violation which may result in a classification
other than general offender or violator of
Conduct Indicating Need for
Supervision (CINS)
[
CINS
] probation.
major
] violation which may result
in a classification other than general offender or violator of
Conduct
Indicating a Need for Supervision (CINS)
[
CINS
] probation.
any major
] rule
violations as defined in (GAP) §95.3 of this
title (relating to Rules of Conduct,
[
violation
] and has previously
been classified for a high-risk offense
:
[
.
]
a major
] rule [
violation
]
violations listed above
; and
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).
Texas Youth Commission (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.
(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, Disciplinary Assigned Minimum Length of Stay, and Demotion
of One or More Behavior Phases.
,
]
or
.
]
major
] rule violation, the
youth may be:
two
] or more resocialization
phases in the behavior area.
(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.
(f)
] Restrictions.
Major
] rule violations
and appropriate consequences are not addressed herein and may be found in
(GAP) §95.3 of this title (relating to Rules of Conduct, Contraband and
Dress) and (GAP) §95.9 of this title (relating to Parole Revocation Consequences).
(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
[
§95.51
] of this title (relating to Level II Hearing Procedure).
youth rights specialist
] weekly.
Subchapter B. DUE PROCESS HEARINGS PROCEDURES
Chapter 97.
SECURITY AND CONTROL
major
] rule violation.
Minor
] Rule
Violation. Seized contraband consisting of sexually explicit pictures, or
items which advocate delinquent subculture values shall be either destroyed
or forwarded to the youth's parents or managing conservator, at the youth's
option unless an investigation is initiated. If an investigation is initiated,
the evidence shall be retained by the evidence custodian until the completion
of all investigations.
major
] rule violation that may be used as evidence in a due process
proceeding will be properly identified, documented, and stored until no longer
needed as evidence.