37 TAC §85.25
The Texas Youth Commission (TYC) proposes an amendment to §85.25,
concerning Minimum Length of Stay. The amendment to the section will clarify
that the maximum period of time a youth may spend in a residential program
is the total time prior to the youth's 21st birthday, not including the day
the youth turns 21. Other minor grammatical changes have also been made.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the fiscal impact would
be one less day in TYC custody for youth otherwise released on their 21st
birthday for age of majority reached. The impact on performance measures would
be slight decrease in either residential or parole ADP.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be the timely release of eligible youth. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to discharge
a youth from its control when it is satisfied that discharge will best serve
the youth's welfare and the protection of the public.
The proposed rule affects the Human Resource Code, §61.034.
§85.25.Minimum Length of Stay.
(a)
Purpose. The purpose of this rule is to establish by policy,
a minimum period of time a youth will spend in residential placements (high
or medium restriction) having reduced access to the public and which is based
on the most serious offense the youth committed. The maximum period of time
a youth may spend in residential placement is the total time
prior to
the youth's 21st birthday
[
until he/she reaches age 21
]. Release
from residential placement anytime prior to age 21 is based on the youth's
successful completion of release criteria, one of which is the minimum length
of time set by the agency.
(b)
Applicability.
(1)
(No change.)
(2)
A disciplinary assigned length of stay of up to six
(6)
months may be assigned in accordance with (GAP) §95.11 of this
title (relating to
Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion
of Phase Consequence
[
Disciplinary Transfer/Assigned Minimum Length
of Stay Consequence
]).
(c)
Explanation of Terms Used.
(1)
Minimum Length of Stay [
MLS
]--the factor in
the placement and movement system which is the predetermined minimum period
of time a youth will be assigned to live in a residential placement. TYC has
established two
(2)
types of minimum lengths of stay requirements
for TYC youth, classification
minimum length of stay
[
MLS
], and assigned disciplinary
minimum length of stay
[
MLS
].
(2)
Minimum period of confinement--the period of time established
by law that a youth sentenced to commitment in TYC for offenses occurring
on or after January 1, 1996, shall be confined in a TYC residential placement.
The minimum period of confinement is the earliest of:
(A)
(No change.)
(B)
ten (10)
[
10
] years for youth sentenced
for capital murder; three
(3)
years for youth sentenced for an
aggravated controlled substance felony or a felony of the first degree; two
(2)
years for a felony of the second degree; and one
(1)
year
for a felony of the third degree.
(3)
Classification
minimum length of stay
[
MLS
]--a minimum length of stay directly associated with each classification
established on initial commitment, for youth recommitted for the commission
of a felony or high-risk offense, and for youth found at an administrative
level I hearing to have committed a felony or high-risk offense.
(4)
Assigned disciplinary
minimum length of stay
[
MLS
]--the minimum length of stay assigned to a youth as a disciplinary
consequence for behavior.
(d)
Minimum Length of Stay.
(1)-(4)
(No change.)
(5)
General offenders must complete a minimum length of stay
of nine
(9)
months.
(6)
(No change.)
(e)
Creditable Time.
(1)
(No change.)
(2)
On recommitment, the minimum length of stay shall be counted
from the first day a youth reaches any TYC operated or assigned facility,
and any incomplete
minimum length of stay
[
MLS
] at the
time of recommitment is eliminated; unless:
(A)
a youth is recommitted for the same conduct following an
appeal of the original commitment, in which case the youth shall be given
credit toward completion of the new
minimum length of stay
[
MLS
] for any time spent in TYC custody as a result of the original commitment;
or
(B)
a youth is recommitted for the same conduct for which a
level I or II hearing has already been held, in which case the youth shall
be given credit toward completion of the new
minimum length of stay
[
MLS
] for the time already served as a result of that level I or II hearing.
(3)
On TYC reclassification, if previous classification
minimum length of stay
[
MLS
]:
(A)
(No change.)
(B)
has not yet been completed, the new classification minimum
length of stay shall be counted from the completion of the previous
minimum length of stay
[
MLS
].
(4)-(5)
(No change.)
(f)
Creditable Time for Sentenced Offenders.
(1)
(No change.)
(2)
Sentenced offenders will be credited with days detained
in connection with the committing case. Time will be credited at the end of
the total sentence. Refer to (GAP) §85.61 of this title (relating to
Discharge/Transfer of Custody
[
Discharge
]).
(g)
Restrictions.
(1)
(No change.)
(2)
Classification
minimum length of stay
[
MLSs
] must be completed before any assigned disciplinary
minimum
length of stay
[
MLS
] begins.
(3)
(No change.)
(h)
Waivers and Reductions.
(1)
(No change.)
(2)
The disciplinary assigned
minimum length of stay
[
MLS
] may be reduced in accordance with (GAP) §95.11 of this title
[
(relating to Disciplinary Transfer/Assigned Minimum Length of Stay Consequence)
].
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 July 14, 2003.
TRD-200304263
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 424-6014
37 TAC §85.33
The Texas Youth Commission (TYC) proposes an amendment to §85.33,
concerning Program Completion and Movement of Sentenced Offenders. The amendment
to the section will make clear that youth will be discharged from TYC custody
prior to his/her 21st birthday.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the fiscal impact would
be one less day in TYC custody for youth otherwise released on their 21st
birthday for age of majority reached. The impact on performance measures would
be slight decrease in either residential or parole average daily population.
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 timely release of eligible youth. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §§61.081,
61.084, which provide the Texas Youth Commission with the authority to release
under supervision or terminate custody of a youth.
The proposed rule affects the Human Resource Code, §61.034.
§85.33.Program Completion and Movement of Sentenced Offenders.
(a)-(e)
(No change.)
(f)
Youth sentenced to commitment in the Texas Youth Commission
(TYC) for offenses committed on or after January 1, 1996.
(1)
General Requirements.
(A)-(E)
(No change.)
(F)
Concurrent Commitments. In the event that a youth is committed
to TYC under concurrent determinate sentence and indeterminate commitment
orders
,
both commitment orders will be given effect, with the determinate
sentence order having precedence. Any movement and transfer options available
under the determinate sentence order and determined to be appropriate must
occur prior to completion of the determinate sentence. Other exceptions are
as follows:
(i)-(ii)
(No change.)
(iii)
The youth is discharged from the determinate sentence
order upon completion of the determinate sentence, but the indeterminate commitment
order will be given effect until normal discharge criteria are met. Under
this rule, the youth
shall be discharged prior to the youth's 21st birthday
[
may remain under TYC supervision until age 21, regardless of the
expiration date of the determinate sentence
].
(G)
(No change.)
(2)
(No change.)
(3)
Transfer From TYC High Restriction To TDCJ,
Institutional
[
Institution
] Division. Transfer from a high restriction
facility to the Texas Department of Criminal Justice, Institutional Division
(TDCJ-ID) may occur as described in this paragraph.
(A)-(D)
(No change.)
(4)-(5)
(No change.)
(g)-(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 14, 2003.
TRD-200304262
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 424-6014