Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 3.
TEXAS HIGHWAY PATROL
Subchapter B. ENFORCEMENT ACTION
37 TAC §3.28
The Texas Department of Public Safety proposes an amendment
to §3.28, concerning Citation Disposition Receipt Program. Amendment
to the section is necessary in order to clarify the specific circumstances
under which a Trooper may utilize the Citation Disposition Program.
Oscar Ybarra, 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. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the anticipated public benefit resulting from
adoption of the section would be to allow a nonresident motorist the opportunity
to waive immediate appearance before a magistrate by disposing of a fine through
alternate methods, such as a money order, cashier's check, traveler's check
or cash money. 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, Texas Highway Patrol Division, P.O. Box 4087,
Austin, Texas 78773-0500, (512) 424-2116.
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.
§3.28.Citation Disposition Receipt Program.
(a)
The citation disposition receipt procedure
will
[
(b)
Instruments to be accepted in payment of fines:
(1)
money order;
(2)
cashier's check;
(3)
traveler's check; or
(4)
cash money.
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 January 14, 2005.
TRD-200500220
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 424-2135
Chapter 85.
ADMISSION, PLACEMENT, AND PROGRAM COMPLETION
The Texas Youth Commission (TYC) proposes the repeal of §§85.29,
85.33, 85.35, 85.39, 85.41, 85.43, 85.45, 85.51, 85.61, concerning placement
planning and program completion. In each case, the rules proposed for repeal
are proposed for re-adoption under new section numbers. The chapter name is
also changing from Admission and Placement to Admission, Placement, and Program
Completion.
TYC simultaneously proposes new §§85.31, 85.41, 85.45, 85.51,
85.55, 85.59, 85.61, 85.65, 85.69, 85.71, 85.75, 85.79, 85.85, 85.95. The
new sections and subchapters are necessary in order to better organize information
relating to program completion by offender type and age and placement upon
transition or release.
The new sections are also proposed in order to revise existing agency rules
relating to the procedures and eligibility criteria for program completion.
Specifically, new §§85.45, 85.55, 85.59, 85.61, 85.65, and 85.69
will require that, in order to qualify for transition or release to a community
placement, a youth must have no Category I rule violations during the period
of time necessary to obtain required administrative approvals for the transition
or release, and youth who are identified as having the highest priority for
certain types of specialized treatment must complete assigned specialized
treatment programs prior to transition or release. Additionally, §85.55
and §85.59 will establish limits on the amount of time administrators
have to ensure that youth who have fulfilled program completion requirements
are transitioned or released to community placements. Finally, in order to
transfer custody to the Parole or Institutions Division of the Texas Department
of Criminal Justice, new §85.69 will require that youth who were sentenced
for capital murder committed before September 1, 2003, and who have not completed
their minimum period of confinement, must return to court for a transfer hearing
no later than when the youth reaches 20 years and nine months of age.
TYC also proposes amendments to §85.21 and §85.25 in order to
update cross references to other section numbers within Chapter 85.
Section 85.29, Program Completion for Other Than Sentenced Offenders, will
be repealed and proposed as new §85.55.
Section 85.33, Program Completion for Sentenced Offenders will be repealed
and proposed as four new rules: §85.59, Program Completion for Sentenced
Offenders Under Age 19; §85.61, Program Completion or Sentenced Offenders
Age 19 or Older; §85.65, Transfer of Sentenced Offenders to TDCJ-ID;
and §85.69, Program Completion for Sentenced Offenders Adjudicated for
Capital Murder. These new sections will establish the agency's program completion
requirements for all youth committed to the agency with determinate sentences.
Section 85.35, Maximum Length of Stay for Other Than Type A Violent and
Sentenced Offenders, will be repealed and proposed as new §85.41.
Section 85.39, Temporary Admission Awaiting Permanent Placement, will be
repealed and proposed as new §85.75.
Section 85.41, Temporary Admission Awaiting Transportation, will be repealed
and proposed as new §85.31.
Section 85.43, Home Placement, will be repealed and proposed as new §85.71.
Section 85.45, Parole of Undocumented Foreign Nationals, will be repealed
and proposed as new §85.79.
Section 85.51, Interstate Compact for TYC Youth, will be repealed and proposed
as new §85.85.
Section 85.61, Discharge/Transfer of Custody, will be repealed and proposed
as new §85.95.
New §85.45, Movement Without Program Completion is proposed in order
consolidate existing agency rules regarding transition and release without
program completion into one new section.
New §85.51, Definitions, is proposed in order to provide definitions
of terms used throughout Chapter 85, Subchapter D.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the sections are in effect,
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the sections are in effect, the public benefit anticipated
as a result of enforcing the sections will be a more efficient process for
release and transition approval, as well as better organization of and enhanced
access to agency rules. 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 within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email
to deanna.lloyd@tyc.state.tx.us.
Subchapter B. PLACEMENT PLANNING
37 TAC §§85.21, 85.25, 85.31
The amendments and new rule are proposed under the Human Resources
Code, §61.075, which provides TYC with the authority to order a child's
confinement under conditions it believes best designed for the child's welfare
and the interests of the public; §61.076, which provides TYC the authority
to require a child to participate in correctional training and activities; §61.081,
which provides TYC the authority to release under supervision any child in
its custody and place the child in his or her home or in any situation or
family approved by TYC; and §61.034, which provides TYC the authority
to make rules appropriate to the proper accomplishment of its functions.
The proposed amendments and new rule affect the Human Resources Code, §61.034.
§85.21.Program Assignment System.
(a)
Purpose. The purpose of this rule is to establish an objective,
equitable system of program assignment for each youth in
Texas Youth
Commission (TYC)
[
(b)
Applicability.
(1)
For specifics regarding classification, see [
(2)
For specifics regarding minimum length of stay, see [
(3)
For specifics regarding restriction levels, see [
(4)
For specifics regarding completion of program and movement
to another program, and for specifics on movement of sentenced offender options,
refer to the following rules:
[
(A)
§85.55 of this title (relating
to Program Completion and Movement of Other Than Sentenced Offenders);
(B)
§85.59 of this title (relating
to Program Completion for Sentenced Offenders Under Age 19);
(C)
§85.61 of this title (relating
to Program Completion for Sentenced Age 19 or Older);
(D)
§85.65 of this title (relating
to Transfer of Sentenced Offenders to TDCJ-ID);
(E)
§85.69 of this title (relating
to Program Completion for Sentence Offenders Adjudicated for Capital Murder);
and
(F)
§85.41 of this title (relating
to Maximum Length of Stay for Other Than Type A Violent and Sentenced Offenders).
(c)
(No change.)
(d)
System Description. The determining factors result in the
following placement and length of stay determinations for all TYC youth on
initial commitment, for youth recommitted for the commission of a felony or
high risk offense, and for youth found at an administrative
Level
[
(1) - (3)
(No change.)
(4)
A chronic serious offender, controlled substances dealer,
or firearms offender shall be assigned a minimum length of stay of
12
[
(5)
A general offender shall be assigned a minimum length of
stay of nine
(9)
months, and with a:
(A) - (B)
(No change.)
(6)
(No change.)
(e)
(No change.)
(f)
Waivers and Exceptions. Waivers and exceptions may be granted
under special circumstances.
(1)
A restriction level designation, except that of sentenced
offender or
Type
[
(2)
Any placement designation except those of sentenced offenders
and
Type
[
(3)
For waiver of classification, see [
(4)
For movement for population control, see
§85.45
of this title (relating to Movement Without Program Completion)
[
(g)
Parent Notification.
Parents or guardians of youth
under the age of 18 will be notified of all movements. Youth 18 or older must
give consent to disclose any movement information to a parent.
[
§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. [
(b)
Applicability.
(1)
Except where specifically named, requirements herein do
not apply to sentenced offenders.
See §85.59 of this title (relating
to Program Completion for Sentenced Offenders Under Age 19), §85.61 of
this title (relating to Program Completion for Sentenced Offenders Age 19
or Older) and §85.69 of this title (relating to Program Completion for
Sentenced Offenders Adjudicated for Capital Murder) for additional information.
[
(2)
A disciplinary assigned length of stay of up to six (6)
months may be assigned in accordance with [
(c)
Explanation of Terms Used.
(1)
Minimum Length of Stay--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)
Minimum period of confinement--the period of time established
by law that a youth sentenced to commitment in TYC [
(A) - (B)
(No change.)
(3)
Classification minimum length of stay--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
[
(4)
(No change.)
(d)
Minimum Length of Stay.
(1)
Sentenced offenders shall serve the time assessed by the
juvenile court, until the earliest of:
(A) - (B)
(No change.)
(C)
completion of the minimum period of confinement [
(2) - (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 at the time of recommitment is eliminated;
unless:
(A)
(No change.)
(B)
a youth is recommitted for the same conduct for which a
Level
[
(3) - (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
§85.95
[
(g)
Restrictions.
(1) - (2)
(No change.)
(3)
Certain youth may be eligible for transition to medium
restriction to complete the minimum length of stay requirement in accordance
with
§85.55 of this title (relating to Program Completion for Other
Than Sentenced Offenders).
[
(4)
For other procedures affecting minimum length of stay refer
to [
(h)
Waivers and Reductions.
(1)
(No change.)
(2)
the disciplinary assigned minimum length of stay may be
reduced in accordance with [
§85.31.Temporary Admission Awaiting Transportation.
(a)
Purpose. The purpose of this rule is to provide for temporary
admissions into an institution detention program in Texas Youth Commission
(TYC) institutional facilities for youths awaiting transportation.
(b)
Applicability. This policy does not apply to the use of
the same or adjacent space when used specifically as detention in a TYC institution
for other purposes. See §97.43 of this title (relating to Institution
Detention Program).
(c)
Overnight stays in an institution detention program shall
be allowed when a youth's destination cannot be reached in a single day, including
transportation:
(1)
following a Level I or II hearing that results in transportation
to another facility; or
(2)
between facilities not resulting from disciplinary actions.
(d)
The following procedures shall be utilized.
(1)
A youth may be detained in a training school for up to
48 hours pending transportation.
(2)
Each request for an institution detention program admission
pending transportation must be initiated by the transportation coordinator.
(3)
Approval for the admission must be obtained from the institutional
superintendent or designee.
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 January 24, 2005.
TRD-200500297
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 424-6301
37 TAC §§85.29, 85.33, 85.35, 85.39, 85.41, 85.43, 85.45, 85.51, 85.61
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections 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 repeals are proposed under the Human Resources
Code, §61.075, which provides TYC with the authority to order a child's
confinement under conditions it believes best designed for the child's welfare
and the interests of the public; §61.076, which provides TYC the authority
to require a child to participate in correctional training and activities; §61.081,
which provides TYC the authority to release under supervision any child in
its custody and place the child in his or her home or in any situation or
family approved by TYC; and §61.034, which provides TYC the authority
to make rules appropriate to the proper accomplishment of its functions.
The proposed repeals affect the Human Resources Code, §61.034.
§85.29.Program Completion and Movement of Other Than Sentenced Offenders.
§85.33.Program Completion and Movement of Sentenced Offenders.
§85.35.Maximum Length of Stay for Other Than Type A Violent and Sentenced Offenders.
§85.39.Temporary Admission Awaiting Permanent Placement.
§85.41.Temporary Admission Awaiting Transportation.
§85.43.Home Placement.
§85.45.Parole of Undocumented Foreign Nationals.
§85.51.Interstate Compact for TYC Youth.
§85.61.Discharge/Transfer of Custody.
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 January 24, 2005.
TRD-200500296
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 424-6301
37 TAC §85.41, §85.45
The new rules are proposed under the Human Resources Code, §61.075,
which provides TYC with the authority to order a child's confinement under
conditions it believes best designed for the child's welfare and the interests
of the public; §61.076, which provides TYC the authority to require a
child to participate in correctional training and activities; §61.081,
which provides TYC the authority to release under supervision any child in
its custody and place the child in his or her home or in any situation or
family approved by TYC; and §61.034, which provides TYC the authority
to make rules appropriate to the proper accomplishment of its functions.
The proposed new rules affect the Human Resources Code, §61.034.
§85.41.Maximum Length of Stay for Other Than Type A Violent and Sentenced Offenders.
(a)
Purpose. The Resocialization program is designed for youth
who reasonably apply themselves to complete the program within their assigned
minimum length of stay. There are, however, a small number of resistant youth
who do not complete the Resocialization program within their minimum length
of stay. When the length of institutional stay for these youth becomes disproportionate
relative to the severity of their committing offense and level of risk to
the community, provision must be made to cut short their Resocialization program
in the institution and plan for their supervision and services on parole.
(b)
Applicability. This rule does not apply to:
(1)
any other movement without program completion;
(2)
youth who have completed program requirements. See §85.55
of this title (relating to Program Completion for Other Than Sentenced Offenders);
(3)
priority 1 youth who are eligible for admission to specialized
treatment programs;
(4)
youth who have been returned to high restriction through
a due process hearing;
(5)
sentenced or Type A violent offenders as defined in §85.23
of this title (relating to Classification); and
(6)
youth who are unable to progress further in the agency's
rehabilitation program because of mental illness or mental retardation and
who have completed their minimum lengths of stay. See §87.79 of this
title (relating to Discharge of Mentally Ill and Mentally Retarded Youth).
(c)
Explanation of Terms Used.
(1)
General Offender--means a youth who is classified as a
general offender as defined in §85.23 of this title and has never been
classified as a sentenced or Type A violent offender.
(2)
Type B Violent Offender, Chronic Serious Offender, Controlled
Substances Dealer, and Firearms Offender--means a youth who meets the definition
in §85.23 of this title and has never been classified as a sentenced
or Type A violent offender.
(3)
Minimum Length of Stay--means the assigned minimum length
of stay for the youth's classification, see §85.23 of this title, plus
any disciplinary extensions to the minimum length of stay. See §85.25
of this title (relating to Minimum Length of Stay).
(4)
Individual Case Plan (ICP)--the individualized plan for
each youth that assesses a youth's needs and strengths, identifies objectives
with specific strategies to address both needs and strengths, and is reviewed
and adjusted as the youth progresses or as new needs are identified.
(5)
Special Services Committee (SSC) exit review--is a process
by which the SSC determines whether the youth meets program completion criteria
and whether the release ICP adequately addresses the youth's identified risk
factors for re-offending.
(6)
Release Packet--includes specific documents for review
and approval prior to a youth's release. The documents are organized in tabbed
sections in a notebook to form the release packet. The release packet includes
the following information:
(A)
psychological evaluation (if SSC determines it is necessary);
(B)
release plan;
(C)
home assessment, if applicable;
(D)
incident summary;
(E)
specialized treatment summary, if applicable; and
(F)
victim involvement information, if applicable.
(d)
General Requirements.
(1)
TYC shall comply with Chapter 57, Family Code and Article
56.02, Code of Criminal Procedure, regarding victim notification. Refer to §81.35
of this title (relating to Rights of Victims).
(2)
All residential programs releasing an undocumented foreign
national youth must notify Immigration and Customs Enforcement (ICE). Refer
to §85.79 of this title (relating to Parole of Undocumented Foreign Nationals)
for procedures.
(3)
TYC shall comply with the Sex Offender Registration Program,
pursuant to Chapter 62, Code of Criminal Procedure, regarding youth who are
subject to sex offender registration. Refer to §87.85 of this title (relating
to Sex Offender Registration).
(4)
Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to notify
parents or guardians of any movement.
(e)
Criteria for Release to TYC Parole.
(1)
For General Offenders. General offenders who have completed
their minimum length of stay, but have not earned phase 4 on all three components
of Resocialization, see §87.3 of this title (relating to Resocialization
Program), will be released to TYC parole (home or home substitute) when the
following requirements are met:
(A)
no confirmed Category I rule violations through a due process
hearing within 90 days prior to the SSC exit review and during the approval
process;
(B)
four (4) months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A3, B3, C3;
(C)
eight (8) months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A2, B2, C2; or
(D)
12 months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A1, B1, C1.
(2)
For Type B Violent Offenders, Chronic Serious Offenders,
Controlled Substances Dealers, and Firearms Offenders. Type B violent offenders,
chronic serious offenders, controlled substances dealers, and firearms offenders
who have completed their minimum length of stay, but have not earned phase
4 on all three components of Resocialization, see §87.3 of this title,
will be released to TYC parole when the following requirements are met:
(A)
no confirmed Category I rule violations within 90 days
prior to the SSC exit review and during the approval process;
(B)
eight (8) months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A3, B3, C3;
(C)
12 months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A2, B2, C2; or
(D)
18 months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A1, B1, C1.
(f)
Decision Authority for Approval of Release.
(1)
The final decision authority shall approve the youth's
release plan upon a determination that the youth meets the required criteria
as set forth in subsection (e) of this section and the release ICP adequately
addresses risk factors.
(2)
A youth shall be released to TYC parole (home or home substitute)
within 45 days of the SSC exit review validating release eligibility. Upon
the approval by the final decision authority, additional time may be granted
up to 30 days as the need indicates.
(3)
The final decision authority is the Department of Sentenced
Offenders Disposition, unless the superintendent or quality assurance supervisor
appeals the decision. If the decision is appealed, the appropriate director
of juvenile corrections is the final decision authority.
§85.45.Movement Without Program Completion.
(a)
Purpose. The purpose of this policy is to establish criteria
and procedures for movement of youth without program completion.
(b)
Applicability.
(1)
This rules does not apply to sentenced offenders.
(2)
This rule does not apply to disciplinary movements. See
Chapter 95, Subchapter A of this title (relating to Disciplinary Practices).
(c)
General Requirements.
(1)
Program staff will explain program completion criteria
to every youth during orientation to each placement.
(2)
Non-sentenced offenders shall by law, be discharged prior
to the youth's 21st birthday. Refer to §85.95 of this title (relating
to Discharge/Transfer of Custody).
(3)
Prior to a transition, a youth may request and in doing
so will be granted a Level II hearing.
(4)
TYC shall comply with Chapter 57, Family Code and Article
56.02, Code of Criminal Procedure, regarding victim notification. Refer to §81.35
of this title (relating to Rights of Victims).
(5)
TYC shall comply with the Sex Offender Registration Program,
pursuant to Chapter 62, Code of Criminal Procedure, regarding youth who are
subject to sex offender registration. Refer to §87.85 of this title (relating
to Sex Offender Registration).
(6)
Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to disclose
any movement information to a parent.
(d)
Transition Movements.
(1)
Eligibility. Type A violent offenders and sentenced offenders
are not eligible for transition movement. Youth of eligible classifications
must meet transition criteria as set forth in paragraphs (2) and (3) of this
subsection to qualify for a transition movement.
(2)
Transition Criteria for Youth in Programs where Resocialization
is Administered. Youth will be eligible for transition from a high or medium
restriction (initial placement) facility to a medium restriction placement
when the following criteria have been met:
(A)
no confirmed Category I rule violations through a due process
hearing within 90 days prior to the exit review; and
(B)
no confirmed Category I rule violations through a due process
hearing during the approval process, as outlined in paragraph (4) of this
subsection; and
(C)
completion of minimum length of stay requirements:
(i)
general offenders must complete all but three (3) months
of the minimum length of stay; or
(ii)
Type B violent offenders, chronic serious offenders, controlled
substance dealer offenders and firearms offenders must complete all but six
(6) months of the minimum length of stay; and
(D)
a current assessment of, at a minimum, Resocialization
phase A3, B3, C3 with no main objectives or sub-objective indicators under
remediation (not applicable to sex offenders with court orders deferring their
sex offender registration requirements who have not previously attained phase
A4, B4, C4; see §87.85 of this title); and
(E)
for youth committed after April 1, 2005, completion of
specialized treatment for Priority 1 youth (unless this requirement is waived
by the assistant deputy executive director for rehabilitation services and
the assistant deputy executive director for juvenile corrections).
(3)
Transition Criteria for Youth in Contract Care Programs
where Resocialization is Not Administered. Youth in high restriction contract
care programs where Resocialization is not administered will be eligible for
transition to a medium restriction placement when the following criteria have
been met:
(A)
no confirmed Category I rule violations through a due process
hearing within 90 days prior to the exit review; and
(B)
no confirmed Category I rule violations through a due process
hearing during the approval process as outlined in paragraph (4) of this subsection;
and
(C)
completion of minimum length of stay requirements:
(i)
general offenders must complete all but three (3) months
of the minimum length of stay; or
(ii)
Type B violent offenders, chronic serious offenders, controlled
substance dealer offenders and firearms offenders must complete all but six
(6) months of the minimum length of stay; and
(D)
identify personal motivations for delinquent behavior;
and
(E)
demonstrate an understanding of their personal delinquent
behavior patterns and demonstrate the ability to interrupt their offense patterns;
and
(F)
complete a plan that identifies goals and a plan of action
to achieve goals and that identifies obstacles that will support successful
re-entry into the community.
(4)
Decision Authority for Approval of Transition.
(A)
The final decision authority shall approve the youth's
transition plan upon a determination that the youth meets all transition criteria
and the transition/release ICP adequately addresses risk factors.
(B)
The appropriate director of juvenile corrections must approve
any modification to the transition/release plan.
(C)
A youth shall be transitioned to medium restriction within
14 calendar days of the exit review, regardless of whether or not the release
plan is complete. However, if the youth does not meet the program completion
criteria at the time of transition or release, the youth will not be transitioned.
(D)
With approval from the appropriate director of juvenile
corrections, additional time may be granted beyond the 14 calendar days, but
not to exceed 30 calendar days from the exit review, as needed to address
serious concerns related to the well-being of the youth and/or the community.
(E)
The final decision authority is:
(i)
the superintendent, for youth assigned to TYC-operated
placements; or
(ii)
the quality assurance administrator, for youth assigned
to contract care placements.
(e)
Population Control Releases. When overpopulation occurs
in any high restriction facility, certain remedial actions are taken. The
deputy executive director may cancel or revise any population control measure
in effect or implement any other youth movement option when necessary to control
population and/or manage available funds concerning youth in residential placement.
(1)
Overpopulation Condition.
(A)
When population reaches three percent (3%) above budgeted
capacity for general population (excludes youth in specialized treatment),
the superintendent may invoke population control release procedures.
(B)
When population reaches five percent (5%) above budgeted
capacity for general population, the superintendent shall invoke population
control release procedures.
(2)
Release Criteria.
(A)
The following youth are ineligible for population control
release:
(i)
Type A violent offenders;
(ii)
Sentenced offenders;
(iii)
Priority 1 specialized treatment youth (unless waived
by the assistant deputy executive director for rehabilitation services and
the assistant deputy executive director for juvenile corrections); or
(iv)
Sex offenders with court orders deferring their sex offender
registration requirements.
(B)
Youth who are eligible for release to TYC parole (home
or home substitute) due to an overpopulation condition must meet the following
criteria:
(i)
completion of the minimum length of stay; and
(ii)
a current assessment of, at a minimum, Resocialization
phase A3, B3, C3 with no main objectives or sub-objective indicators under
remediation. Priority should be given to those who have mastered the most
objectives towards completion of A4, B4, C4 Resocialization goals.
(f)
Administrative Transfers. Administrative transfers may
be made among programs of equal restriction without a due process hearing.
An administrative transfer shall not be made in lieu of a transfer for which
a due process hearing is mandatory.
(g)
Hardship Cases. In hardship cases, the deputy executive
director may approve placing a youth on parole status without meeting program
completion criteria.
(h)
Mentally Ill and Mentally Retarded Youth. Certain youth
shall be discharged following application for appropriate services to address
their mental illness or mental retardation. See §87.79 of this title
(relating to Discharge of Mentally Ill and Mentally Retarded Youth).
(i)
Maximum Length of Stay for Other Than Type A Violent and
Sentenced Offenders. Youth who do not complete the Resocialization program
within the minimum length of stay, and the length of institutional stay becomes
disproportionate relative to the severity of their committing offense, may
be considered for movement without program completion. See §85.41 of
this title (relating to Maximum Length of Stay for Other Than Type A Violent
and Sentenced Offenders).
(j)
Notification. TYC will notify the committing juvenile judge,
the prosecuting attorney, parole officer, and the county chief juvenile probation
officer in the county to which the youth is being moved no later than ten
(10) working days prior to the transition or release.
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 January 24, 2005.
TRD-200500298
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 424-6301
37 TAC §§85.51, 85.55, 85.59, 85.61, 85.65, 85.69
The new rules are proposed under the Human Resources Code, §61.075,
which provides TYC with the authority to order a child's confinement under
conditions it believes best designed for the child's welfare and the interests
of the public; §61.076, which provides TYC the authority to require a
child to participate in correctional training and activities; §61.081,
which provides TYC the authority to release under supervision any child in
its custody and place the child in his or her home or in any situation or
family approved by TYC; and §61.034, which provides TYC the authority
to make rules appropriate to the proper accomplishment of its functions.
The proposed new rules affect the Human Resources Code, §61.034.
§85.51.Definitions.
The following words and terms, as used in this subchapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Administrative transfer--a lateral movement, i.e., a movement
from one program to another program within the same restriction level for
an administrative purpose. Purposes may include but are not limited to proximity
to a youth's home, specific treatment needed becomes available, appropriateness
of placement due to education needs, age, etc.
(2)
Classification--the designation assigned each youth based
on the youth's offense history, the classifying offense, and a finding regarding
extenuating circumstances incident to the classifying offense. See §85.23
of this title (relating to Classification).
(3)
Exit review/interview--is a process by which the Special
Service Committee (SSC), for high restriction, or the superintendent/quality
assurance supervisor, for medium restriction, determines whether the youth
meets program completion criteria and whether the transition/release Individual
Case Plan (ICP) adequately addresses the youth's identified risk factors for
re-offending. The SSC is required to conduct a face-to-face interview with
sentenced and Type A offenders, along with review and approval of the release
packet.
(4)
High restriction and medium restriction--see definitions
in §85.27 of this title (relating to Program Restriction Levels).
(5)
Home placement--is a placement in the home of the parent,
other relative or individual acting in the role of parent, managing conservator,
or guardian, or an independent living arrangement, for youth who have earned
parole status. Parole status is defined in paragraph (7) of this section.
(6)
Home substitute placement--is a program placement in the
community that is not high restriction, for youth who have earned parole status.
(7)
Initial Placement--a placement to which youth are assigned
following a period of assessment at the Marlin Orientation Assessment Unit
(MOAU) upon being committed to TYC.
(8)
Minimum length of stay (MLOS) and Minimum period of confinement
(MPC)--see definitions in §85.25 of this (relating to Minimum Length
of Stay).
(9)
Parole status--a status assigned to a youth when program
completion criteria have been met, which qualifies the youth for placement
in the home or home substitute and ensures that the youth shall not be moved
to a high restriction placement without the highest level of due process afforded
to Texas Youth Commission (TYC) youth.
(10)
Program completion criteria--the criteria which a youth
must meet while in the current program in order to move to a placement of
equal or less restriction. Program completion criteria are based on youth's
classification and the phase of the Resocialization program, which are outlined
in Subchapter C of this chapter (relating to Program Completion and Discharge).
(11)
Release under supervision--also referred to as "release",
is the release of a youth from high restriction to a home or home substitute
placement when the youth has earned parole status. The youth remains under
the jurisdiction of TYC and is subject to the conditions of parole supervision.
(12)
Risk factors--statuses or conditions that are empirically
associated with an increased risk of recidivism. Risk factors may be static
and unchangeable or dynamic and responsive to interventions.
(13)
Release packet--includes specific documents for review
and approval prior to a youth's release. The documents are organized in tabbed
sections in a notebook to form the release packet. The release packet includes
the following information:
(A)
psychological evaluation;
(B)
release plan;
(C)
home assessment, if applicable;
(D)
incident summary;
(E)
specialized treatment summary, if applicable; and
(F)
victim involvement information, if applicable.
(14)
Specialized treatment for Priority 1 youth--upon admission
to TYC, all youth undergo clinical assessments to determine specialized treatment
needs. Youth are prioritized for treatment based on risk, offense classification,
and/or diagnosis. Youth with the greatest need for any of the following treatment
programs will be required to successfully complete the program prior to release
eligibility:
(A)
Sexual Behavior Treatment Program;
(B)
Chemical Dependency Treatment Program; or
(C)
Capital and Serious Violent Offender Treatment Program.
(15)
Transfer--is a movement of sentenced offenders to either
Texas Department of Criminal Justice-Institution Division (TDCJ-ID) or Texas
Department of Criminal Justice-Parole Division (TDCJ-PD) when:
(A)
ordered by the juvenile court; or
(B)
youth at age 21 who was sentenced for capital murder where
the offense was committed on or after September 1, 2003 and who has not completed
the sentence will be transferred to TDCJ-PD without the juvenile courts approval;
or
(C)
youth at age 21 who was sentenced for any offense other
than capital murder and who has not completed the sentence in high restriction
facilities will be transferred to TDCJ-PD without the juvenile courts approval.
(16)
Transfer packet--includes specific documents for review
and approval prior to transfer of a youth to the Texas Department of Criminal
Justice-Institutional Division (TDCJ-ID) or Texas Department of Criminal Justice-Parole
Division (TDCJ-PD). The documents are organized in tabbed sections in a notebook
to form the transfer packet.
(A)
The transfer packet for TDCJ-PD includes the following
information:
(i)
forensic psychological evaluation;
(ii)
release plan;
(iii)
incident summary;
(iv)
specialized treatment summary, if applicable; and
(v)
victim involvement information, if applicable.
(B)
The transfer packet for TDCJ-ID includes the following
information:
(i)
forensic psychological evaluation;
(ii)
specialized treatment summary, if applicable;
(iii)
behavior summary;
(iv)
incident summary; and
(v)
victim involvement information, if applicable.
(17)
Transition--is a movement from one program site to another
for purposes of facilitating the youth's adjustment to the community when
youth who have met the required transition criteria. Transition is always
to placement of equal or less restriction than that of the current placement.
Transition is not a type of placement or a status. For transition criteria,
see §85.45 of this title (relating to Movement Without Program Completion).
(18)
Transition/Release individual case plan (ICP)--is an individual
case plan that is developed for a youth when he/she is moving from one program
to another, or from one facility to a different facility. The transition/release
ICP identifies risk factors and protective factors that enable youth and staff
to develop plans to minimize risk and take advantage of protective factors.
(19)
Transition/Release plan--includes specific documents such
as a success plan, risk factors for re-offending; and strategies and recommendations
to minimize risk factors.
(20)
Type A violent offender, Type B violent offender, Chronic
Serious Offender, Controlled Substances Dealer, Firearms Offender, and General
Offender--see definitions in §85.23 of this title (relating to Classification).
(21)
Type 1 offenses--the offenses for which a youth has been
given a determinate sentence, specifically: the commission, attempted commission,
conspiracy to commit, solicitation, solicitation of a minor to commit, or
engaging in organized criminal activity to commit murder, capital murder,
sexual assault, or aggravated sexual assault.
(22)
Type 2 offenses--all other offenses, except Type 1 offenses,
for which a youth has been given a determinate sentence.
§85.55.Program Completion for Other Than Sentenced Offenders.
(a)
Purpose. The purpose of this rule is to establish criteria
and the approval process for release of youth upon program completion.
(b)
Applicability.
(1)
Definitions pertaining to this rule are under §85.51
of this title (relating to Definitions).
(2)
This rule does not apply to disciplinary movements. See
Chapter 95, Subchapter A of this title (relating to Disciplinary Practices).
(3)
This rule does not apply to sentenced offenders. Rules
pertaining to sentenced offenders are §85.59 of this title (relating
to Program Completion for Sentenced Offenders Under Age of 19), §85.61
of this title (relating to Program Completion for Sentenced Offenders Age
19 or Older), §85.65 of this title (relating to Transfer of Sentenced
Offenders to TDCJ-ID), and §85.69 of this title (relating to Program
Completion for Sentenced Offenders Adjudicated for Capital Murder).
(4)
For movements without program completion, see §85.45
of this title (relating to Movement Without Program Completion).
(5)
For discharge criteria, see §85.95 of this title (relating
to Discharge/Transfer of Custody).
(c)
General Requirements.
(1)
Program staff will explain program completion criteria
to every youth during orientation to each placement.
(2)
Non-sentenced offenders shall by law, be discharged prior
to the youth's 21st birthday. Refer to §85.95 of this title (relating
to Discharge/Transfer of Custody).
(3)
Prior to a transition, a youth may request and in doing
so will be granted a Level II hearing.
(4)
TYC shall not accept the presence of a detainer as an automatic
bar to earned release. The agency shall release a youth to authorities pursuant
to a warrant.
(5)
TYC shall develop a plan for each youth prior to release
which minimizes risk factors for re-offending.
(6)
TYC shall comply with Chapter 57, Family Code, and Article
56.02, Code of Criminal Procedure, regarding victim notification. Refer to §81.35
of this title (relating to Rights of Victims).
(7)
All residential programs releasing an undocumented foreign
national youth must notify Immigration and Customs Enforcement (ICE). Refer
to §85.79 of this title (relating to Parole of Undocumented Foreign Nationals).
(8)
TYC shall comply with the Sex Offender Registration Program,
pursuant to Chapter 62, Code of Criminal Procedure, regarding youth who are
subject to sex offender registration. Refer to §87.85 of this title (relating
to Sex Offender Registration).
(9)
Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to disclose
any movement information to a parent.
(d)
Program Completion Criteria.
(1)
Youth Whose Classifying Offense is Type A Violent Offender.
(A)
A Type A violent offender youth will be eligible for release
from a high restriction facility to TYC parole (home or home substitute) when
the following criteria have been met:
(i)
no confirmed Category I rule violations through a due process
hearing, within 90 days prior to the Special Services Committee (SSC) exit
interview; and
(ii)
no confirmed Category I rule violations through a due
process hearing during the approval process, as outlined in subsection (e)
of this section; and
(iii)
completion of the minimum length of stay; and
(iv)
the youth is currently assessed at Resocialization phase
A4, B4, C4 with no main objectives or sub-objective indicators under remediation;
and
(v)
for youth committed after April 1, 2005, completion of
specialized treatment for Priority 1 youth (unless this requirement is waived
by the assistant deputy executive director for rehabilitation services and
the assistant deputy executive director for juvenile corrections).
(B)
Youth classified as Type A violent offender shall be discharged
prior to the 21st birthday, unless the youth is subject to a determinate sentence.
(2)
Youth Whose Classifying Offense is Other Than Type A Violent
Offender. A youth other than a Type A violent offender will be eligible for
transition/release from a high restriction facility to a less restrictive
placement or from a medium restriction facility to an equal or less restrictive
placement when the following criteria have been met:
(A)
For transition from high or medium restriction to medium
restriction: For transition criteria, see §85.45 of this title.
(B)
For release from high or medium restriction to TYC parole
(home or home substitute):
(i)
no confirmed Category I rule violations through a due process
hearing, within 90 days prior to the exit review; and
(ii)
no confirmed Category I rule violations through a due
process hearing during the approval process as outlined in subsection (e)
of this section; and
(iii)
completion of the entire minimum length of stay--this
includes general offenders whose initial placement is to medium restriction;
and
(iv)
the youth is currently assessed at Resocialization phase
A4, B4, C4 with no main objectives or sub-objective indicators under remediation;
and
(v)
for youth committed after April 1, 2005, completion of
specialized treatment for Priority 1 youth (unless this requirement is waived
by the assistant deputy executive director for rehabilitation services and
the assistant deputy executive director for juvenile corrections).
(3)
Youth in Contract Care Programs Where Resocialization is
Not Administered. Youth in high or medium restriction contract care programs
where Resocialization is not administered will be eligible for release to
TYC parole (home or home substitute) when the following criteria have been
met:
(A)
no confirmed Category I rule violations through a due process
hearing, within 90 days prior to the exit review; and
(B)
no confirmed Category I rule violations through a due process
hearing during the approval process as outlined in subsection (e) of this
section; and
(C)
completion of the minimum length of stay; and
(D)
identify personal motivations for delinquent behavior;
and
(E)
demonstrate an understanding of their personal delinquent
behavior patterns and demonstrate the ability to interrupt their offense patterns;
and
(F)
complete a plan that:
(i)
identifies goals and a plan of action to achieve goals;
and
(ii)
identifies obstacles that will support successful re-entry
into the community.
(e)
Decision Authority for Approval of Release.
(1)
For Type A Violent Offenders.
(A)
A youth shall not be released to TYC parole until the final
decision authority has determined that the youth meets program completion
criteria and the release Individual Case Plan (ICP) adequately addresses risk
factors.
(B)
All revisions or corrections as requested by Central Office
must be completed and re-submitted to Central Office within the timeframe
designated by Central Office.
(C)
If modifications are needed to the transition/release ICP
and supporting documentation for Type A violent offenders who have been released
on TYC parole to a home substitute placement, the appropriate director of
juvenile corrections must approve the modification.
(D)
The final decision authority is the deputy executive director.
(E)
The youth shall be released no later than 120 days following
the SSC exit interview validating release eligibility, regardless of whether
or not the release packet is complete. However, if the youth does not meet
the program completion criteria at the time of release, the youth will not
be released.
(2)
For Other Than Type A Violent Offenders.
(A)
The final decision authority shall approve the youth's
release plan upon a determination that the youth meets all program completion
criteria and the transition/release ICP adequately addresses risk factors.
(B)
The appropriate director of juvenile corrections must approve
any modification to the release plan.
(C)
A youth shall be released to TYC parole within 14 calendar
days of the exit review, regardless of whether or not the release plan is
complete. However, if the youth does not meet the program completion criteria
at the time of release, the youth will not be released.
(D)
Upon the approval by the appropriate director of juvenile
corrections, additional time may be granted beyond the 14 calendar days, but
not to exceed 30 calendar days from the exit review, as needed to address
serious concerns related to the well-being of the youth and/or the community.
(E)
The final decision authority is:
(i)
the superintendent, for other than Type A violent offenders;
or
(ii)
the quality assurance administrator, for other than Type
A violent offenders assigned to contract placements.
(f)
Notification. TYC will notify the committing juvenile judge,
the prosecuting attorney, parole officer, and the county chief juvenile probation
officer in the county to which the youth is being moved no later than ten
(10) working days prior to the transition or release.
§85.59.Program Completion for Sentenced Offenders Under Age 19.
(a)
Purpose. The purpose of this rule is to establish criteria
and approval process for release of youth upon program completion.
(b)
Applicability.
(1)
Definitions pertaining to this rule are under §85.51
of this title (relating to Definitions).
(2)
This rule does not apply to disciplinary movements. See
Chapter 95, Subchapter A of this title (relating to Disciplinary Practices).
(3)
This rule does not apply to youth committed to TYC on indeterminate
commitments. See §85.55 of this title (relating to Program Completion
for Other Than Sentenced Offenders).
(4)
This rule does not apply to the transfer of sentenced offenders
to the Texas Department of Criminal Justice-Institutions Division (TDCJ-ID)
or Texas Department of Criminal Justice-Parole Division (TDCJ-PD). See §85.65
of this title (relating to Transfer of Sentenced Offenders to TDCJ-ID) and §85.61
of this title (relating to Program Completion for Sentenced Offenders Age
19 or Older).
(5)
This rule does not apply to sentenced offenders adjudicated
for capital murder. See §85.69 of this title (relating to Program Completion
for Sentenced Offenders Adjudicated for Capital Murder).
(6)
For discharge criteria, see §85.95 of this title (relating
to Discharge/Transfer of Custody).
(c)
General Restrictions. Due to the nature of determinate
sentences, some rules governing the classification, placement, release, transition,
parole status, and disciplinary movement of sentenced offenders must be applied
differently. Specifically:
(1)
Classification. A youth classified at commitment as a sentenced
offender shall retain a sentenced offender classification as long as the youth
remains under the jurisdiction of TYC as a result of that commitment. The
offense for which the youth received the determinate sentence will remain
the youth's classifying offense until the sentence has expired even if the
youth's TYC parole is revoked following a Level I hearing. See §85.23
of this title (relating to Classification).
(2)
Initial Placement. On initial placement, all sentenced
offenders shall be assigned to high restriction facilities unless the deputy
executive director waives such placement for a particular youth.
(d)
General Requirements.
(1)
Program staff will explain program completion criteria
to every youth during orientation to each placement.
(2)
TYC shall not accept the presence of a detainer as an automatic
bar to earned release. The agency shall release a youth to authorities pursuant
to a warrant.
(3)
The Special Services Committee (SSC) shall evaluate the
youth's progress toward program completion criteria six (6) months after admission
to TYC, when the minimum period of confinement (MPC) is complete, and at other
times as requested by the committee.
(4)
TYC shall develop a plan for each youth prior to release
which minimizes risk factors for re-offending.
(5)
TYC shall comply with Chapter 57, Family Code and Article
56.02, Code of Criminal Procedure, regarding victim notification. Refer to §81.35
of this title (relating to Rights of Victims).
(6)
All residential programs releasing an undocumented foreign
national youth must notify Immigration and Customs Enforcement (ICE). Refer
to §85.79 of this title (relating to Parole of Undocumented Foreign Nationals)
for procedures.
(7)
TYC shall comply with the Sex Offender Registration Program,
pursuant to Chapter 62, Code of Criminal Procedure, regarding youth who are
subject to sex offender registration. Refer to §87.85 of this title (relating
to Sex Offender Registration).
(8)
Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to notify
parents or guardians of any movement.
(9)
Placement. Sentenced offenders shall serve the entire MPC
applicable to the youth's classifying offense in high restriction facilities
unless:
(A)
the youth is transferred to TDCJ earlier in accordance
with legal requirements or committing court approval. See §85.65 of this
title; or
(B)
waived by the executive director; or
(C)
the youth is approved by the committing court to attain
parole status prior to completion of serving the MPC.
(10)
Jurisdiction Termination. TYC jurisdiction shall be terminated
and a sentenced offender discharged when he/she is transferred to TDCJ (before
or at age 21) or his/her sentence is complete (except as specified in subsection
(d)(11) of this section).
(11)
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. Other exceptions are as follows:
(A)
The youth will be classified and managed as a sentenced
offender until such time as the determinate sentence order is completed or
TYC jurisdiction expires, whichever occurs first. If a youth's determinate
sentence is complete prior to the expiration of TYC jurisdiction, the youth
will be newly classified in accordance with the classifying offense associated
with the indeterminate commitment.
(B)
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.
(C)
Both orders are given effect, i.e., the MPC under the determinate
sentence and the minimum length of stay associated with the indeterminate
commitment will run concurrently. If the applicable MPC under the determinate
sentence is completed before the applicable minimum length of stay under the
indeterminate commitment, the youth will not be considered for release until
the minimum length of stay has also been completed.
(12)
Military Enlistment. A sentenced offender may be allowed
to enlist in the military while on TYC parole if certain conditions are met.
A sentenced offender who is accepted for enlistment by the military will not
be discharged from the determinate sentence until the sentence is complete.
His/her TYC parole supervision will be conducted via phone calls, letters,
and through face-to-face contacts (when possible) until the sentence is completed.
The following conditions must be met:
(A)
the youth must be able to complete his/her sentence prior
to his/her 21st birthday; and
(B)
the youth must have served at least 12 months consecutively
on TYC parole prior to the enlistment date; and
(C)
the youth must have been assigned to the minimum level
of parole supervision for at least three (3) months consecutively prior to
the enlistment date; and
(D)
the youth must have no more than six (6) months left to
serve on the sentence on the enlistment date; and
(E)
the youth must reside in Texas at the time of enlistment.
(e)
Program Completion Criteria. A sentenced offender youth
who is under age 19 will be eligible for a release from a high restriction
facility to TYC parole (home or home substitute) when the following criteria
have been met:
(1)
no confirmed Category I rule violations through a due process
hearing, within 90 days prior to the SSC exit interview; and
(2)
no confirmed Category I rule violations through a due process
hearing during the approval process as outlined in subsection (f) of this
section; and
(3)
completion of the MPC; and
(4)
the youth is currently assessed at Resocialization phase
A4, B4, C4 with no objectives or sub-objectives under remediation; and
(5)
for youth committed after April 1, 2005, completion of
specialized treatment for Priority 1 youth (unless this requirement is waived
by the assistant deputy executive director for rehabilitation services and
the assistant deputy executive director for juvenile corrections).
(f)
Decision Authority for Approval of Release. For Type 1
and Type 2 sentenced offenders under age 19.
(1)
A youth shall not be released to TYC parole until the final
decision authority has determined that the youth meets program completion
requirements and the release packet adequately addresses risk factors.
(2)
All revisions or corrections as requested by Central Office
must be completed and re-submitted to Central Office within the timeframe
designated by Central Office.
(3)
If modifications are needed to the release ICP and supporting
documentation for sentenced offender youth who have been released on TYC parole
to a home substitute placement, the modification must be approved by the appropriate
director of juvenile corrections.
(4)
The final decision authority for approval of release is:
(A)
the deputy executive director, for Type 1 sentenced offenders;
(B)
the appropriate director of juvenile corrections, for Type
2 sentenced offenders.
(5)
A youth shall be released no later than 120 days following
the SSC exit interview validating release eligibility, regardless of whether
or not the release packet is complete. However, if the youth does not meet
the program completion criteria at the time of release, the youth will not
be released.
(g)
Notification. TYC will notify the committing juvenile judge,
the prosecuting attorney, parole officer, and the county chief juvenile probation
officer in the county to which the youth is being moved no later than ten
(10) working days prior to the release.
§85.61.Program Completion for Sentenced Offenders Age 19 or Older.
(a)
Purpose. The purpose of this rule is to establish criteria
and approval process for transferring a sentenced offender youth age 19 or
older upon program completion to the Texas Department of Criminal Justice-Parole
Division (TDCJ-PD).
(b)
Applicability.
(1)
Definitions pertaining to this rule are under §85.51
of this title (relating to Definitions).
(2)
This rule does not apply to disciplinary movements. See
Chapter 95, Subchapter A of this title (relating to Disciplinary Practices).
(3)
This rule does not apply to youth committed to TYC on indeterminate
commitments. See §85.55 of this title (relating to Program Completion
for Other Than Sentenced Offenders).
(4)
This rule does not apply to sentenced offenders who are
under the age of 19. See §85.59 of this title (relating to Program Completion
for Sentenced Offenders Under Age 19).
(5)
This rule does not apply to the transfer of sentenced offenders
to the Texas Department of Criminal Justice-Institutions Division (TDCJ-ID).
See §85.65 of this title (relating to Transfer of Sentenced Offenders
to TDCJ-ID).
(6)
This rule does not apply to the transfer of sentenced offenders
committed for capital murder. See §85.69 of this title (relating to Program
Completion for Sentenced Offenders Adjudicated for Capital Murder).
(7)
For discharge criteria, see §85.95 of this title (relating
to Discharge/Transfer of Custody).
(c)
General Restrictions. Refer to §85.59 of this title
for the list of general restrictions.
(d)
General Requirements.
(1)
Program staff will explain program completion criteria
to every youth during orientation to each placement.
(2)
The Special Services Committee (SSC) shall evaluate the
youth's progress toward program completion criteria six (6) months after admission
to TYC, when the minimum period of confinement (MPC) is complete, on or about
the youth's 20th birthday, and at other times as requested by the committee.
(3)
TYC shall comply with Chapter 57, Family Code, and Article
56.02, Code of Criminal Procedure, regarding victim notification. Refer to §81.35
of this title (relating to Rights of Victims).
(4)
All residential programs releasing an undocumented foreign
national youth must notify Immigration and Customs Enforcement (ICE). Refer
to §85.79 of this title (relating to Parole of Undocumented Foreign Nationals)
for procedures.
(5)
TYC shall comply with the Sex Offender Registration Program,
pursuant to Chapter 62, Code of Criminal Procedure, regarding youth who are
subject to sex offender registration. Refer to §87.85 of this title (relating
to Sex Offender Registration).
(6)
Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to disclose
any movement information to a parent.
(7)
Placement. Sentenced offenders shall serve the entire MPC
applicable to the youth's classifying offense in high restriction facilities
unless the youth is:
(A)
transferred to TDCJ earlier in accordance with legal requirements
or committing court approval. See §85.65 of this title; or
(B)
approved by the committing court to attain parole status
prior to completion of serving the MPC.
(8)
Jurisdiction Termination. TYC jurisdiction shall be terminated
and a sentenced offender discharged when he/she is transferred to TDCJ or
his/her sentence is complete (except as specified in subsection (d)(9) of
this section).
(9)
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. Other exceptions are as follows:
(A)
The youth will be classified and managed as a sentenced
offender until such time as the determinate sentence order is completed or
TYC jurisdiction expires, whichever occurs first. If a youth's determinate
sentence is complete prior to the expiration of TYC jurisdiction, the youth
will be newly classified in accordance with the classifying offense associated
with the indeterminate commitment.
(B)
The youth is discharged from the determinate sentence order
upon completion of the determinate sentence, and the youth is discharged from
the indeterminate commitment order upon completion of the indeterminate offense.
(C)
The determinate sentence and the minimum length of stay
associated with the indeterminate commitment will run concurrently. If the
applicable MPC under the determinate sentence is completed before the applicable
minimum length of stay under the indeterminate commitment, the youth will
not be considered for transfer to parole status until the minimum length of
stay has also been completed.
(10)
Military Enlistment. Refer to §85.59 of this title
for procedures.
(e)
Program Completion Criteria.
(1)
Transfer of a youth from a high restriction facility to
TDCJ-PD shall occur (court approval is not required) based on the youth's
age.
(A)
Youth Between Age 19 and 21. Youth between age 19 and 21
in high restriction facilities will be transferred to TDCJ-PD when the following
criteria have been met:
(i)
no confirmed Category I rule violations through a due process
hearing, within 90 days prior to the SSC exit interview; and
(ii)
no confirmed Category I rule violations through a due
process hearing during the approval process as outlined in subsection (g)
of this section; and
(iii)
completion of the MPC; and
(iv)
the youth is currently assessed at Resocialization phase
A4, B4, C4 with no main objectives or sub-objectives indicators under remediation;
and
(v)
for youth committed after April 1, 2005, successful completion
of specialized treatment for Priority 1 youth (unless this requirement is
waived by the assistant deputy executive director for rehabilitation services
and the assistant deputy executive director for juvenile corrections).
(B)
Youth at age 21 who were sentenced for any offense other
than capital murder, and have not completed the sentence in high restriction
facilities, will be transferred to TDCJ-PD to complete the sentence.
(2)
Transfer from TYC parole (home or home substitute) to TDCJ-PD
shall occur (court approval not required) at age 21 if the youth has not completed
his/her sentence.
(f)
Decision Authority for Approval of Transfer.
(1)
For Youth Between Age 19 and 21.
(A)
Youth between age 19 and 21 shall not be transferred to
TDCJ-PD until the final decision authority has determined that the youth meets
program completion criteria and the transfer packet adequately addresses risk
factors.
(B)
All revisions or corrections as requested by Central Office
must be completed and re-submitted to Central Office within the timeframe
designated by Central Office.
(C)
The final decision authority is the deputy executive director.
(D)
TYC will request the transfer to TDCJ-PD no later than
30 days from the final approval date.
(2)
For Youth At Age 21. State law requires transfer of custody
for sentenced offenders at age 21; therefore no decision authority is necessary.
(g)
ICP Modification Approval. If modifications are needed
to the transition/release ICP and/or supporting documentation for sentenced
offender youth who have been released on TYC parole to a home substitute placement,
the modification must be approved by the appropriate director of juvenile
corrections.
(h)
Transfer Process to TDCJ-PD.
(1)
TYC will submit the required documentation requesting a
transfer of the offender to TDCJ-PD along with an adjudication form and a
case summary, which includes recommendations for parole conditions within
30 days from the final approval date.
(2)
TDCJ will process the information and forward to the Texas
Board of Pardons and Paroles who will set the conditions for parole within
90 days of receiving TYC's transfer notification.
(3)
On receipt of the conditions from TDCJ, the TYC/TDCJ liaison
will contact TDCJ-PD to confirm the transfer date, notify the sending facility
of the parole conditions and the transfer date, coordinate the transfer process
and make final arrangements for the discharge.
(4)
TDCJ personnel will serve their Order of Transfer in person
on the scheduled day, at which time the sentenced offender youth is transferred
to the TDCJ-PD and discharged from the TYC.
(i)
Notification. TYC will notify the committing juvenile judge,
the prosecuting attorney, parole officer, and the county chief juvenile probation
officer in the county to which the youth is being moved no later than ten
(10) working days prior to the transfer.
§85.65.Transfer of Sentenced Offenders to TDCJ-ID.
(a)
Purpose. The purpose of this rule is to establish criteria
and approval process for transferring a sentenced offender youth to the Texas
Department of Criminal Justice-Institutions Division (TDCJ-ID).
(b)
Applicability.
(1)
Definitions pertaining to this rule are under §85.51
of this title (relating to Definitions).
(2)
This rule does not address all types of disciplinary movements.
See Chapter 95, Subchapter A of this title (relating to Disciplinary Practices).
(3)
This rule does not apply to the transfer of sentenced offenders
to TDCJ-Parole Division (TDCJ-PD). See §85.61 of this title (relating
to Program Completion for Sentenced Offenders Age 19 or Older).
(4)
This rules does not apply to the transfer of sentenced
offenders adjudicated for capital murder to TDCJ-ID. See §85.69 of this
title (relating to Program Completion for Sentenced Offenders Adjudicated
for Capital Murder).
(5)
This rule does not apply to new charges incurred by sentenced
offenders while committed to Texas Youth Commission (TYC), but only to the
disposition of the original determinate sentence.
(6)
For discharge criteria, see §85.95 of this title (relating
to Discharge/Transfer of Custody).
(c)
General Restrictions. Refer to §85.59 of this title
(relating to Program Completion for Sentenced Offenders Under Age 19) for
the list of general restrictions.
(d)
General Requirements.
(1)
Program staff will explain transfer criteria to every youth
during orientation to each placement.
(2)
The Special Services Committee (SSC) shall evaluate the
youth's progress toward program completion criteria six (6) months after admission
to TYC, when the minimum period of confinement (MPC) is complete, on or about
the youth's 20th birthday, and at other times as requested by the committee.
(3)
TYC program staff where the youth is assigned shall determine
when transfer criteria have been met.
(4)
TYC shall comply with Chapter 57, Family Code, and Article
56.02, Code of Criminal Procedure, regarding victim notification. Refer to §81.35
of this title (relating to Rights of Victims).
(5)
All residential programs releasing an undocumented foreign
national youth must notify Immigration and Customs Enforcement (ICE). Refer
to §85.79 of this title (relating to Parole of Undocumented Foreign Nationals)
for procedures.
(6)
TYC shall comply with the Sex Offender Registration Program,
pursuant to Chapter 62, Code of Criminal Procedure, regarding youth who are
subject to sex offender registration. Refer to §87.85 of this title (relating
to Sex Offender Registration).
(7)
Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to disclose
any movement information to a parent.
(e)
Transfer Criteria.
(1)
Sentenced Offender Youth Whose Parole has been Revoked.
A transfer shall occur if ordered by the juvenile court. TYC may request a
juvenile court hearing for a youth whose parole has been revoked and the following
criteria have been met:
(A)
youth is at least age 16; and
(B)
youth has not completed his/her sentence; and
(C)
youth's conduct indicates that the welfare of the community
requires the transfer.
(2)
Sentenced Offender Youth in Residential Placement. A transfer
shall occur if ordered by the juvenile court. TYC may request a juvenile court
hearing for any other youth if the following criteria have been met:
(A)
youth is at least age 16; and
(B)
youth has spent at least six (6) months in a high restriction
facility; and
(C)
youth has not completed his/her sentence; and
(D)
youth has met at least one of the following behavior criteria:
(i)
youth has committed a felony or Class A misdemeanor; or
(ii)
youth has committed Category I rule violations (on three
or more occasions); or
(iii)
youth has engaged in chronic disruption of program (five
security admissions or extensions in one month or ten in three months); or
(iv)
youth has demonstrated an inability to progress in his/her
Resocialization Program due to persistent non compliance with treatment objectives;
and
(E)
alternative interventions have been tried without success.
(For example: special treatment plans, disciplinary transfer, extended stay);
and
(F)
youth's conduct indicates that the welfare of the community
requires the transfer.
(f)
Decision Authority for Approval to Transfer. Transferring
from a high restriction facility the following procedures will occur:
(1)
A youth shall not be transferred to TDCJ-ID until the final
decision authority has determined that the youth meets program completion
requirements and the transfer plan adequately addresses risk factors.
(2)
The final TYC decision authority is the deputy executive
director
(3)
The deputy executive director must approve the request
for a hearing by the committing juvenile court for early transfer.
(4)
The final transfer approval authority for early transfer
to TDCJ-ID, prior to the completion of the MPC, is the committing juvenile
court.
(g)
Transfer Process.
(1)
Following the committing court's decision to transfer a
sentenced offender to TDCJ-ID, the youth is returned to the assigned program
location and then transported to TDCJ-ID.
(2)
The youth will be transported to the diagnostic unit at
TDCJ in Huntsville, Texas. The TYC court liaison in Central Office will provide
the address or location to the diagnostic unit, if needed.
(3)
Upon transfer to TDCJ-ID, the youth may bring only the
following personal property items to TDCJ-ID:
(A)
Bible/Other Religion Text--some offenders write addresses
and telephone numbers in it since they cannot take separate paper into TDCJ-ID;
(B)
Trust fund--offender must use TDCJ personal property envelopes.
Use the TDCJ Inmate Trust Fund form, ITF-16 (available through TDCJ) when
sending offender's trust fund after the offender has already been transported
to TDCJ-ID. The guards at the Diagnostic Unit can provide the Inmate Trust
Fund form, ITF-16, if needed.
(h)
Notification. TYC will notify the committing juvenile judge,
the prosecuting attorney, parole officer, and the county chief juvenile probation
officer in the county to which the youth is being moved no later than ten
(10) working days prior to the discharge.
§85.69.Program Completion for Sentenced Offenders Adjudicated for Capital Murder.
(a)
Purpose. The purpose of this rule is to establish criteria
and an approval process for transferring, upon program completion, sentenced
offenders adjudicated for capital murder to the Texas Department of Criminal
Justice-Parole Division (TDCJ-PD) or the Texas Department of Criminal Justice-Institutions
Division (TDCJ-ID).
(b)
Applicability.
(1)
Definitions pertaining to this rule are under §85.51
of this title (relating to Definitions).
(2)
This rule does not apply to disciplinary movements. See
Chapter 95, Subchapter A of this title (relating to Disciplinary Practices).
(3)
This rule does not apply to youth committed to Texas Youth
Commission (TYC) on indeterminate commitments. See §85.55 of this title
(relating to Program Completion for Other Than Sentenced Offenders).
(4)
This rule does not apply to the release of sentenced offender
youth adjudicated for any offense other than capital murder. See §85.59
of this title (relating to Program Completion for Sentenced Offenders Under
Age 19) and §85.61 of this title (relating to Program Completion for
Sentenced Offenders Age 19 or Older).
(5)
For discharge criteria, see §85.95 of this title (relating
to Discharge/Transfer of Custody).
(c)
General Restrictions. Refer to §85.59 of this title
for the list of general restrictions.
(d)
General Requirements.
(1)
Program staff will explain the program completion criteria
to every youth during orientation to each placement.
(2)
TYC shall not accept the presence of a detainer as an automatic
bar to earned release. The agency shall release a youth to authorities pursuant
to a warrant.
(3)
The Special Services Committee (SSC) shall evaluate the
youth's progress toward program completion criteria six (6) months after admission
to TYC, when the minimum period of confinement (MPC) is complete, on or about
the youth's 20th birthday, and at other times as requested by the committee.
(4)
TYC program staff where the youth is assigned shall make
the recommendation for a release when program completion criteria have been
met or a transfer to TDCJ-ID.
(5)
TYC shall comply with Chapter 57, Family Code, and Article
56.02, Code of Criminal Procedure, regarding victim notification. Refer to §81.35
of this title (relating to Rights of Victims).
(6)
All residential programs releasing an undocumented foreign
national youth must notify Immigration and Customs Enforcement (ICE). Refer
to §85.79 of this title (relating to Parole of Undocumented Foreign Nationals)
for procedures.
(7)
TYC shall comply with the Sex Offender Registration Program,
pursuant to Chapter 62, Code of Criminal Procedure, regarding youth who are
subject to sex offender registration. Refer to §87.85 of this title (relating
to Sex Offender Registration).
(8)
Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to disclose
any movement information to a parent.
(9)
Minimum Period of Confinement. The MPC is ten (10) years
for youth sentenced for capital murder or completion of the sentence, whichever
occurs first.
(10)
Placement. Sentenced offenders shall serve the entire
MPC applicable to the youth's classifying offense in high restriction facilities
unless the youth is:
(A)
transferred to TDCJ-ID earlier in accordance with legal
requirements or committing court approval. See §85.65 of this title (relating
to Transfer of Sentenced Offenders to TDCJ-ID); or
(B)
approved by the committing court to attain parole status
prior to completion of serving the MPC.
(11)
Jurisdiction Termination. TYC jurisdiction shall be terminated
and a sentenced offender discharged when the youth is transferred to TDCJ
(by age 21) or his/her sentence is complete (except as specified in subsection
(d)(12) of this section).
(12)
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. Other exceptions are as follows:
(A)
The youth will be classified and managed as a sentenced
offender until such time as the determinate sentence order is completed or
TYC jurisdiction expires, whichever occurs first. If a youth's determinate
sentence is complete prior to the expiration of TYC jurisdiction, the youth
will be newly classified in accordance with the classifying offense associated
with the indeterminate commitment.
(B)
The youth is discharged from the determinate sentence order
upon completion of the determinate sentence, and the youth is discharged from
the indeterminate commitment order upon completion of the indeterminate offense.
(C)
The determinate sentence and the minimum length of stay
associated with the indeterminate commitment will run concurrently.
(13)
Military Enlistment--See §85.59 of this title.
(e)
Program Completion Criteria. Transfer of a youth from high
restriction (prior to the completion of the MPC) to TDCJ-PD/TDCJ-ID before
age 21.
(1)
For Transferring to TDCJ-PD (Before Age 21). A transfer
shall occur if ordered by the juvenile court. TYC may request a court hearing
if the following criteria have been met:
(A)
no confirmed Category I rule violations through a due process
hearing, within 90 days prior to the SSC exit interview; and
(B)
no confirmed Category I rule violations through a due process
hearing during the approval process as outlined in subsection (f) of this
section; and
(C)
completion of three (3) years toward the MPC, and
(D)
the youth is currently assessed at Resocialization phase
A4, B4, C4 with no main objectives or sub-objectives indicators under remediation;
and
(E)
for youth committed after April 1, 2005, successful completion
of specialized treatment for Priority 1 youth (unless this requirement is
waived by the assistant deputy executive director for rehabilitation services
and the assistant deputy executive director for juvenile corrections).
(2)
For Transferring to TDCJ-ID (Before Age 21). A transfer
shall occur if ordered by the juvenile court. TYC may request a court hearing
if the following criteria have been met:
(A)
youth is at least age 16; and
(B)
youth has spent at least six (6) months in a high restriction
facility; and
(C)
youth has not completed his/her sentence; and
(D)
youth has met at least one of the following behavior criteria:
(i)
youth has committed a felony or Class A misdemeanor while
assigned to residential placement; or
(ii)
youth has committed Category I rule violations (on three
or more occasions); or
(iii)
youth has engaged in chronic disruption of program (five
security admissions or extensions in one month or ten in three months); or
(iv)
youth has demonstrated an inability to progress in his/her
Resocialization program due to persistent non compliance with treatment objectives;
and
(E)
alternative interventions have been tried without success.
(For example: special treatment plans, disciplinary transfer, extended stay);
and
(F)
youth's conduct indicates that the welfare of the community
requires the transfer.
(3)
For Transferring to TDCJ-ID/TDCJ-PD When the Offense was
Committed Before September 1, 2003. (Before age 21) A youth who was sentenced
for capital murder where the offense was committed before September 1, 2003,
who has not completed the ten (10) year MPC must return to court for a transfer
hearing no later than age 20.9. (court approval is required)
(4)
For Transferring to TDCJ-PD (At Age 21). At age 21, a youth
who was sentenced for capital murder where the offense was committed on or
after September 1, 2003 who has not completed the sentence will be transferred
to TDCJ-PD. (court approval is not required)
(f)
Decision Authority for Approval of Transferring to TDCJ-PD/TDCJ-ID
(Before Age 21). In order to achieve the transfer from a high restriction
facility to TDCJ-PD/TDCJ-ID, prior to the completion of the MPC and before
age 21, a hearing request must be made to the committing juvenile court for
transferring to TDCJ-PD/TDCJ-ID. The following procedures will occur:
(1)
A youth shall not be transferred to TDCJ-PD until the final
decision authority has determined that the youth meets program completion
requirements and the transfer plan adequately addresses risk factors.
(2)
A youth shall not be transferred to TDCJ-ID until the final
decision authority has determined that youth meets transfer criteria.
(3)
The final decision authority for transferring to TDCJ-PD
is the executive director.
(4)
The executive director must approve the request for a hearing
by the committing juvenile court to transfer youth to TDCJ-ID.
(5)
The court is the final authority for transferring to TDCJ-ID.
(g)
Transfer Process.
(1)
Transferring to TDCJ-PD.
(A)
TYC will submit the required documentation requesting a
transfer of the offender to TDCJ-PD along with an adjudication form and a
case summary, which includes recommendations for parole conditions.
(B)
TDCJ will process the information and forward to the Texas
Board of Pardons and Paroles who will set the conditions for parole or transfer
within 90 days of receiving TYC's transfer notification.
(C)
On receipt of the conditions, the TYC/TDCJ liaison will
contact TDCJ-PD to confirm the transfer date, notify the sending facility
of the parole conditions and the transfer date, coordinate the transfer process
and make final arrangements for the discharge.
(D)
TDCJ personnel will serve their Order of Transfer in person
on the scheduled day, at which time the sentenced offender youth is transferred
to the TDCJ-PD and discharged from the TYC.
(2)
Transferring to TDCJ-ID.
(A)
Following the committing court's decision to transfer a
sentenced offender to TDCJ-ID, the youth is returned to the assigned program
location and then transported to TDCJ-ID.
(B)
The youth will be transported to the diagnostic unit at
TDCJ in Huntsville, Texas. The TYC court liaison in Central Office will provide
the address or location to the diagnostic unit, if needed.
(C)
Upon transfer to TDCJ-ID, the youth may bring only the
following personal property items to TDCJ-ID:
(i)
Bible/Other Religion Text--some offenders write addresses
and telephone numbers in it since they cannot take separate paper into TDCJ-ID;
(ii)
Trust fund--offender must use TDCJ personal property envelopes.
Use the TDCJ Inmate Trust Fund form, ITF-16 (available through TDCJ) when
sending offender's trust fund after the offender has already been transported
to TDCJ-ID. The guards at the Diagnostic Unit can provide the Inmate Trust
Fund form, ITF-16, if needed.
(h)
Notification. TYC will notify the committing juvenile judge,
the prosecuting attorney, parole officer, and the county chief juvenile probation
officer in the county to which the youth is being moved no later than ten
(10) working days prior to the discharge.
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 January 24, 2005.
TRD-200500299
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 424-6301
37 TAC §§85.71, 85.75, 85.79, 85.85, 85.95
The new rules are proposed under the Human Resources Code, §61.075,
which provides TYC with the authority to order a child's confinement under
conditions it believes best designed for the child's welfare and the interests
of the public; §61.076, which provides TYC the authority to require a
child to participate in correctional training and activities; §61.081,
which provides TYC the authority to release under supervision any child in
its custody and place the child in his or her home or in any situation or
family approved by TYC; and §61.034, which provides TYC the authority
to make rules appropriate to the proper accomplishment of its functions.
The proposed new rules affect the Human Resources Code, §61.034.
§85.71.Home Placement.
(a)
Purpose. The purpose of this rule is to establish criteria
and procedures used by Texas Youth Commission (TYC) staff to determine whether
a youth in TYC jurisdiction will be allowed to return to his/her home on completion
of program requirements or whether alternative living arrangements must be
sought.
(b)
Applicability.
(1)
This policy applies to all committed youth who will be
placed on parole prior to age 21.
(2)
For Determinate Sentenced offenders, if the minimum period
of confinement date will occur on or after the youth's 19th birthday, the
parole officer is exempt from completing home assessments or updates since
the youth, if released to parole, will be under the supervision of the Texas
Department of Criminal Justice-Parole Division (TDCJ-PD).
(3)
Other related policies may apply such as §87.91 of
this title (relating to Family Reintegration of Sex Offenders) and §85.79
of this title (relating to Parole of Undocumented Foreign Nationals).
(c)
Explanation of Terms Used.
(1)
Approved Home Placement Status--occurs when the assessment
indicates conditions that could facilitate the rehabilitative adjustment of
the youth.
(2)
Disapproved Home Placement Status--occurs when the assessment
indicates conditions that would impede the rehabilitative adjustment or threaten
safety of the youth and/or other individuals in the home.
(3)
Incomplete Home Placement Status--the assessment process
is not complete.
(4)
Placement Objection--occurs when a home assessment indicates
that none of the criteria for disapproval of the home exists but:
(A)
the parent provides in writing that he/she cannot or will
not supervise the youth; or
(B)
the parent provides in writing that the youth is not welcome
in the home; or
(C)
a parent refusing to accept supervision of his/her child
under the age of 18, and/or a TYC youth claiming abuse in the home, will be
reported to the Department of Family and Protective Services (DFPS).
(5)
Sexual Abuse Victim--a person who, as the result of a sexual
offense, suffers a pecuniary loss or personal injury or harm.
(6)
Potential Sexual Abuse Victim--a person who has a profile
similar to that of the victim of the sexual offense, such as gender, age,
etc., or who has a profile that triggers the delinquent's deviant or abusive
sexual arousal patterns.
(d)
Home Placement Assessment.
(1)
The assigned parole officer shall assess the home of each
youth in his/her jurisdiction and shall determine whether the home is approved
or disapproved for placement. The assigned parole officer will also determine
whether the youth will be returned to his/her home upon release from residential
placement. Each home assessment will be completed in the home of the youth's
legal parent(s), guardian, or relative who has volunteered to have the youth
placed in his/her home. The home assessment process is also applicable to
all youth properly referred to parole officers through the Texas Interstate
Compact on Juveniles (ICJ) Office.
(2)
Within 90 days of admission to TYC, all homes shall be
either approved or disapproved as a result of a completed home placement assessment.
(3)
The home placement assessment status may be changed but
only as a result of a follow-up home placement assessment by the assigned
parole officer.
(4)
A completed home placement assessment shall be considered
current for any youth released to his/her home within 12 months of the first
day counted on the minimum length of stay. Home placement assessment follow-ups
will be conducted annually thereafter.
(5)
For Type A violent offenders who have a minimum length
of stay of 24 months, the follow-up home assessment is to be conducted within
45 days after completion of phase A2, B2, C3 and be incorporated into the
transition plan.
(6)
Any time new evidence or special circumstances warrant,
a follow-up home placement assessment may be conducted.
(e)
Home Approval/Disapproval Criteria. A youth's home shall
be considered approved unless one or more of the following disapproval criteria
exists, and can be documented:
(1)
physical abuse;
(2)
sexual abuse;
(3)
physical absence of parent caretaker due to criminal incarceration
or physical/psychiatric hospitalization;
(4)
serious physical/survival neglect;
(5)
legal termination of parental rights for youth under 18
years of age;
(6)
the youth is a sex offender and criteria/requirements in §87.91
of this title have not been met;
(7)
the youth is an undocumented foreign national and a copy
of the notice from TYC to the Immigration and Customs Enforcement Agency (ICE)
has not been received by the parole officer as outlined in §85.79 of
this title.
(f)
Parole Placement.
(1)
Approved Home--Placement Objection Exists. An approved
home with objections exists when the parents/guardian refuse or is unable
to accept supervision and placement in the home. The parole officer and primary
service worker (PSW) will determine alternative home placements. Alternative
home placements may be determined depending on whether or not the youth is
over 18 years of age.
(2)
Disapproved Home Placement.
(A)
Youth with disapproved homes will not be returned/placed
in their homes.
(B)
A disapproved home may be reversed if the TYC parole staff
determines specific actions have been taken to correct any deficiencies.
(C)
Parents are immediately informed in writing when the home
is disapproved for placement and the reasons for such. Any action that the
parent may take to correct a deficiency is included.
(D)
Emergency furloughs of youth with a current disapproved
home may be granted if necessary.
(E)
TYC parole staff will seek documented evidence of relevant
problems found by another agency to determine if disapproval criteria exist.
(F)
If the youth is under 18 years of age and will not be returning
home, staff will seek assistance from the parent(s) in locating a relative
who might be willing to have the youth placed in their home. If the home of
the relative is approved, a youth may be placed in the home unless the parent(s)
strongly objects to such placement in which case alternatives are sought.
When a suitable relative cannot be located, an alternative program placement
will be required.
(3)
Alternative Home Placement for Youth at the Age of 18 and
over with an Approved Home with Objections or a Disapproved Home Placement.
(A)
For youth at the age of 18 and over whose parent/guardian
has refused placement, the parole officer may place the youth in an approved
home location of a non-relative. If the parent/guardian has an objection to
the non-relative placement, the objections will be considered in the final
decision, however, placement may still occur in spite of the parental objections.
(B)
An alternative home placement for youth at the age of 18
and over shall be considered approved unless one or more of the following
criteria exist, and can be documented:
(i)
there is physical absence of a dwelling;
(ii)
the legal head of household is unwilling to allow youth
to live in the home;
(iii)
the youth is a sex offender and the victim or potential
victim presently resides in the home and requirements for placement have not
been met as per §87.91 of this title;
(iv)
the individuals residing in the home are on adult probation
or parole and are not related to the youth;
(v)
there is documented evidence that the individual(s) residing
in the home have had negative and/or unsafe influence or impact on the youth.
(C)
When an alternative home placement cannot be approved,
the assigned parole officer shall immediately inform the residential PSW so
that a second viable alternative home placement may be identified.
§85.75.Temporary Admission Awaiting Permanent Placement.
(a)
Purpose. The purpose of this rule is to provide for temporary
placement for a youth whose assigned placement is no longer a valid placement
but a new placement has not been secured.
(b)
Applicability. This rule does not apply to placement as
detention in a Texas Youth Commission (TYC) high restriction facility. See §97.43
of this title (relating to Institution Detention Program).
(c)
Staff may place a youth temporarily at the Marlin Orientation
and Assessment Unit (MOAU) while waiting for assignment to a permanent placement
if no disciplinary hearing is involved and if no alternative temporary placement
within the youth's placement region can be found.
(d)
A youth may remain at the unit as a temporary admission
for up to 14 days. Extensions may be granted.
(e)
The youth will be assigned a caseworker and will participate
in regular activities at the unit.
§85.79.Parole of Undocumented Foreign Nationals
(a)
Purpose. The purpose of this rule is to establish procedures
whereby the Texas Youth Commission (TYC) works with United States Immigration
and Customs Enforcement (ICE) for parole release of youth who are undocumented
foreign nationals. No youth who are undocumented foreign nationals shall be
detained in a secure facility for the sole purpose of deportation.
(b)
Applicability. Procedures herein apply to all programs
releasing TYC youth who are undocumented foreign nationals.
(c)
Explanation of Terms Used.
(1)
Undocumented Foreign Nationals--youth who do not have legal
residence in the United States as determined by the ICE.
(2)
Primary Service Worker (PSW)--the generic title given to
persons at each TYC operated institution or residential contract care program
who are assigned the primary responsibility for the case work for individual
youth and for the administration of the case management standards. These are
usually caseworkers, parole officers, and quality assurance specialists. Other
designated staff in the system may also be considered as a PSW.
(d)
Undocumented foreign nationals will not be placed in a
minimum restriction parole location (home or home substitute) until a copy
of the referral letter from the residential program to ICE is received by
the assigned parole officer.
(e)
In anticipation of completion of required release criteria
and not less than 45 days prior to anticipated release date, the releasing
authority shall inform ICE of the pending release of any undocumented foreign
national youth and request a residency and deportation status determination
within 15 days of receipt of notification. Forty-five (45) days before parole
release the TYC staff of the releasing program shall:
(1)
complete the parole release packet and schedule a date
for release;
(2)
send to the ICE in the region written notice of the release
date, request for confirmation of the date and of transportation within 15
days of receipt of notification, and request that ICE meet with the youth
prior to the date; and send a copy of the notice to the receiving PSW;
(3)
notify the receiving PSW and appropriate consulate of release
arrangements and all pertinent information; send the family notification of
parole release, and make reasonable attempts to provide translation where
necessary; and
(4)
send notification of parole release to the appropriate
authorities.
(f)
On the day of parole release, ICE is responsible for transporting
the youth to a port of entry.
(g)
If the release of a youth is canceled for any reason, the
releasing program shall immediately notify ICE, receiving PSW, and other affected
parties.
(h)
If the youth is not deported by ICE or if ICE fails to
respond within 15 days of receipt of notification with a date of transportation,
the receiving PSW and institutional placement coordinator will proceed with
placement options at least 30 days prior to the release date.
(i)
The case of a deported youth must be transferred to a designated
caseload and supervised by a parole officer responsible for the youth in the
committing county.
§85.85.Interstate Compact for TYC Youth.
(a)
The Texas Youth Commission (TYC) staff complies with rules
of the Uniform Interstate Compact on Juveniles (ICJ) enacted by the Texas
Legislature in 1965, now codified as Chapter 60, Texas Family Code. The executive
director of TYC is the compact administrator, appointed by the Governor of
Texas. The deputy administrator, interstate compact on juveniles, is responsible
for the daily operations of the Compact. ICJ staff are responsible for ensuring
that supervision services are provided to TYC youth who move to other states.
TYC staff are responsible for providing supervision services to parolees who
move to Texas and work with the Texas ICJ office in the return to Texas of
TYC absconders and escapees who are found in other states.
(b)
Procedures are consistent with procedures in Chapter 117
of this title (relating to Interstate Compact on Juveniles).
§85.95.Discharge/Transfer of Custody.
(a)
Purpose. The purpose of this rule is to establish criteria
for discharge from agency jurisdiction for any youth committed to the Texas
Youth Commission (TYC).
(b)
Non-sentenced offenders shall by law, be discharged prior
to the youth's 21st birthday.
(c)
Sentenced offenders shall by law, be transferred from TYC's
custody no later than the youth's 21st birthday.
(d)
Youth may be recommended for early discharge when specific
criteria have been met. Discharge criteria shall be applied according to classification
or to special circumstance. Eligibility for discharge according to classification
is controlled by the most serious offense for which the youth has ever been
classified.
(e)
Discharge Criteria.
(1)
Classification.
(A)
A sentenced offender youth shall be discharged from TYC
jurisdiction when one of the following occurs:
(i)
expiration of the sentence imposed by the juvenile court
unless under concurrent commitment orders as specified in §85.59 of this
title (relating to Program Completion for Sentenced Offenders Under Age 19), §85.61
of this (relating to Program Completion for Sentenced Offenders Age 19 or
Older) and §85.69 of this title (relating to Program Completion for Sentenced
Offenders Adjudicated for Capital Murder). Time on the sentence includes the
time spent in detention in connection with the committing case plus time spent
at TYC under the order of commitment:
(I)
Time spent in detention in connection with the committing
case includes all time in detention from the time of arrest for the committing
offense until admission to TYC, including pre-hearing detention for adjudication/disposition
of the offense or for modification of the disposition, but excluding detention
time that is ordered as a condition of probation.
(II)
For youth committed under concurrent determinate and indeterminate
commitment orders, refer to §85.59 of this title, §85.61, and §85.69
of this title.
(ii)
the youth is transferred to TDCJ consistent with §85.61
of this title, §85.69 of this title, and §85.65 of this title (relating
to Transfer of Sentenced Offenders to TDCJ-ID).
(B)
Unless the youth is subject to a determinate sentence,
a youth ever classified as a Type A violent offender shall be discharged on:
(i)
the day before the 21st birthday, if the youth is assigned
to a residential placement; or
(ii)
the last working day prior to the 21st birthday, if the
youth is assigned to a non-residential placement.
(C)
Youth classified as a Type B violent offender, chronic
serious offender, controlled substance dealer, or firearms offender and never
classified as Type A violent or sentenced offender, shall be discharged:
(i)
when the youth:
(I)
completes 12 consecutive months on parole status in the
home or home substitute;
(II)
has had no delinquency adjudications or criminal convictions
during the period;
(III)
has no pending delinquency petitions or criminal charges;
(IV)
is on minimum supervision level; and
(V)
has had a positive parole adjustment, as defined in this
policy; or
(ii)
on the day before the 21st birthday, if the youth is assigned
to a residential placement; or
(iii)
on the last working day prior to the 21st birthday, if
the youth is assigned to a non-residential placement.
(D)
General offenders and violators of CINS probation and never
classified as Type A violent or sentenced offender, shall be discharged:
(i)
when the youth:
(I)
completes the initial six (6) consecutive month period
or nine (9) consecutive months on parole status in the home or home substitute;
(II)
has had no delinquency adjudications or criminal convictions
during the period;
(III)
has no pending delinquency petitions or criminal charges;
(IV)
is on minimum supervision level; and
(V)
has had a positive parole adjustment as defined in this
policy; or
(ii)
when the following occurs after a youth reaches 20 years
and six (6) months of age:
(I)
30 days on parole status; and
(II)
two (2) face-to-face contacts within 30 days; and
(III)
no pending criminal charges; or
(iii)
on the day before the 21st birthday, if the youth is
assigned to a residential placement; or
(iv)
on the last working day prior to the 21st birthday, if
the youth is assigned to a non-residential placement.
(2)
Special Circumstances.
(A)
Youth of any classification except sentenced offenders
shall be discharged under the following circumstances:
(i)
court ordered reversal of commitment;
(ii)
the youth being sentenced to TDCJ--Institutional Division;
(iii)
enlistment in the military;
(iv)
closing of records following a youth's death or recommitment;
(v)
discharge by the executive director or his designee for
any other reason, such as an illness or injury which prevents a youth's return
to active program participation;
(vi)
youth who have completed length of stay requirements and
who are unable to progress in the agency's rehabilitation programs because
of mental illness or mental retardation as specified in §87.79 of this
title (relating to Discharge of Mentally Ill and Mentally Retarded Youth).
(B)
Youth placed out of the state who are of any classification
except sentenced offender may be discharged when requested by the placement
state for satisfactory adjustment or when court action is taken by the placement
state in accordance with §85.85 of this title (relating to Interstate
Compact for TYC Youth).
(C)
Youth of any classification except sentenced offender and
Type A violent offender shall be discharged under the following circumstances:
(i)
placement on adult probation for conduct which occurred
while on parole status; or
(ii)
sentenced for a minimum of six (6) months in a state or
county jail as part of the disposition of a criminal case.
(D)
Youth may be discharged for special circumstance, other
than those addressed here, if approved by the executive director.
(f)
Positive Parole Adjustment. For purposes of discharge,
positive parole adjustment shall be shown by documentation that a youth:
(1)
has completed ICP objectives including substantial completion
of parole phase of Resocialization and community service requirements; and
(2)
has, for 90 consecutive days, been:
(A)
enrolled and participating in an appropriate educational
or training program; or
(B)
satisfactorily employed.
(g)
Waiver. Youth of any classification except sentenced offender
and Type A violent offender who are age 18 or older may be discharged prior
to completion of discharge criteria for the purpose of obtaining services
that cannot be obtained for a juvenile. Such early discharge must be justified
to and approved by the deputy executive director.
(h)
A youth's primary service worker (PSW) shall immediately
notify the youth of the discharge. The PSW shall provide the youth a written
explanation on procedures for sealing records utilizing the Sec. 58.003 Sealing
of Files and Records form and a copy will be provided to the parent/guardian
or custodian.
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 January 24, 2005.
TRD-200500300
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 424-6301
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.75, §87.79
The Texas Youth Commission (the commission) proposes amendments
to §87.75, concerning Mentally Retarded Offender Program, and §87.79,
concerning Discharge of Mentally Ill and Mentally Retarded Youth. The sections
will be amended to incorporate updated references to sections in Chapter 85.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amended sections.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the amendments are in effect the public benefit anticipated
as a result of enforcing the amended sections will be the availability of
up-to-date policy. There will be no effect on small businesses. There is no
anticipated economic cost to persons who are required to comply with the amendments
as proposed. No private real property rights are affected by adoption of the
amendments.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail
to deanna.lloyd@tyc.state.tx.us.
The amendments are proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The proposed amendments affect the Human Resources Code, §61.034.
§87.75.Mentally Retarded Offender Program.
(a) - (b)
(No change.)
(c)
Applicability.
(1)
See
§85.55 of this title (relating to Program
Completion for Other than Sentenced Offenders).
[
(2)
See §85.59 of this title (relating
to Program Completion for Sentenced Offenders Under Age 19).
(3)
See §85.61 of this title (relating
to Program Completion for Sentenced Offenders Age 19 or Older).
(4)
See §85.65 of this title (relating
to Transfer of Sentenced Offenders to TDCJ-ID).
(5)
See §85.69 of this title (relating
to Program Completion for Sentenced Offenders Adjudicated for Capital Murder).
[(2)
See (GAP) §85.33 of this title (relating
to Program Completion and Movement of Sentenced Offenders).]
(6)
[
(d)
Admissions.
(1)
(No change.)
(2)
Admission Process.
(A)
If youth is referred from a facility other than the Marlin
Orientation and Assessment Unit (MOAU), the action is considered an administrative
transfer according to
§85.45 of this title (relating to Movement
Without Program Completion)
[
(B)
(No change.)
(e)
(No change.)
(f)
Release and Transition Options.
(1)
Youth in the MROP who meet criteria for transfer or release
according to
§§85.55, 85.59, 85.61, 85.65, or 85.69 of this
title
[
(2) - (3)
(No change.)
§87.79.Discharge of Mentally Ill and Mentally Retarded Youth.
(a)
(No change.)
(b)
Applicability.
(1)
Requirements in this policy do not apply to sentenced offender
youth.
See §85.59 of this title (relating to Program Completion
for Sentenced Offenders Under 19), §85.61 of this title (relating to
Program Completion for Sentenced Offenders Age 19 or Older), §85.65 of
this title (relating to Transfer of Sentenced Offenders to TDCJ-ID), and §85.69
of this title (relating to Program Completion for Sentenced Offenders Adjudicated
for Capital Murder).
[
(2)
See
§85.95
[
(c) - (f)
(No change.)
(g)
Procedure for Discharge of Youth with Mental Disability.
(1)
Mental Illness.
(A)
For youth who meet discharge criteria for mental illness
and not already receiving court-ordered mental health services, a TYC psychiatrist
shall examine the youth to determine if he/she meets eligibility criteria
for court-ordered mental health services listed in §574.034, Health and
Safety Code.
(i)
(No change.)
(ii)
If the youth does meet criteria for court-ordered mental
health services, the agency will file a sworn application for such services
as provided in Subchapter C, Chapter 574, Health and Safety Code.
(I)
The application for court-ordered services shall be filed
in the youth's committing county, where the youth resides, or where the youth
is found for determination of appropriate mental health services. Also see
[
(II)
(No change.)
(B)
If a child is already receiving court-ordered mental health
services, discharge is effective immediately upon becoming eligible for discharge
under subsection (f) of this
section
[
(C) - (E)
(No change.)
(2)
Mental Retardation.
(A)
If a child is not receiving mental retardation services,
but meets discharge criteria for mental retardation under subsection (f) of
this
section
[
(B) - (C)
(No change.)
(D)
If the child is already receiving mental retardation services,
discharge is effective immediately upon becoming eligible for discharge under
subsection (f) of this
section
[
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 January 24, 2005.
TRD-200500301
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §§95.7, 95.9, 95.11, 95.17
The Texas Youth Commission (the commission) proposes amendments
to §95.7, concerning Reclassification Consequence; §95.9, concerning
Parole Revocation Consequence; §95.11, concerning Disciplinary Transfer/Assigned
Minimum Length of Stay/Demotion of Phase Consequence; and §95.17, concerning
Behavior Management Program. The sections will be amended to incorporate updated
references to sections in Chapter 85.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amended sections.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the amendments are in effect the public benefit anticipated
as a result of enforcing the amended sections will be the availability of
up-to-date policy. There will be no effect on small businesses. There is no
anticipated economic cost to persons who are required to comply with the amendments
as proposed. No private real property rights are affected by adoption of the
amendments.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail
to deanna.lloyd@tyc.state.tx.us.
The amendments are proposed under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The proposed amendments affect the Human Resources Code, §61.034.
§95.7.Reclassification Consequence.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth.
See §85.59 of this
title (relating to Program Completion for Sentenced Offenders Under 19) and §85.61
of this title (relating to Program Completion for Sentenced Offenders Age
19 or Older).
[
(c)
Explanation of Terms Used. A high risk offense--is any
Category
[
(d) - (e)
(No change.)
(f)
Restrictions.
(1) - (2)
(No change.)
(3)
The minimum length of stay assigned under this
rule
[
§95.9.Parole Revocation Consequence.
(a)
(No change.)
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in [
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth.
See §85.59 of this
title (relating to Program Completion for Sentenced Offenders Under 19) and §85.61
of this title (relating to Program Completion for Sentenced Offenders Age
19 or Older).
[
(c)
Explanation of Terms Used. A high-risk offense--is any
Category
[
(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 [
(i) - (viii)
(No change.)
(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 [
(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 [
(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 [
(5)
(No change.)
(e)
(No change.)
§95.11.Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion of Phase Consequence.
(a)
(No change.)
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in [
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth.
See §85.59 of this
title (relating to Program Completion for Sentenced Offenders Under 19) and §85.61
of this title (relating to Program Completion for Sentenced Offenders Age
19 or Older).
[
(c)
Criteria and Disposition for Disciplinary Transfer, Disciplinary
Assigned Minimum Length of Stay, and Demotion of One or More Behavior Phases
for Youth on Institutional Status.
(1)
If it is found at a Level II hearing that the youth has
failed on two (2) or more occasions to comply with 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 receive only one of the
following consequences:
(A) - (B)
(No change.)
(C)
demoted one or more
Resocialization
[
(2)
If it is found at a Level II hearing that the youth has
committed any other category I rule violation, the youth may receive one or
more of the following consequences:
(A) - (B)
(No change.)
(C)
demoted one or more
Resocialization
[
(d)
Additional Disposition Options for Youth on Institutional
Status. 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 placement in the below disciplinary programs, but only
if specific criteria have been met and if specifically requested (with notice
to the youth) in the Level II hearing request pursuant to this policy.
(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 [
(2)
Behavior Management Program.
(A)
A placement in the Behavior Management Program (BMP) may
be requested for certain youth under requirements of [
(B)
(No change.)
(e)
Criteria and Disposition for Disciplinary Transfer and
Disciplinary Assigned Minimum Length of Stay for Youth on Parole Status. A
youth on parole status may be transferred into a placement of medium restriction
and/or assigned a minimum length of stay only if it is found at the Level
II hearing that the youth has committed one of the following
Category
[
(1) - (8)
(No change.)
(f) - (g)
(No change.)
§95.17.Behavior Management Program.
(a) - (b)
(No change.)
(c)
Applicability.
(1)
(No change.)
(2)
This rule does not apply to:
(A) - (D)
(No change.)
(E)
the use of same or adjacent space when used specifically
as temporary admission. See
§85.31
[
(F)
(No change.)
(d) - (n)
(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 January 24, 2005.
TRD-200500302
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 424-6301
Subchapter A. SECURITY AND CONTROL
may
] be used
only
in those instances where
a violator
is a nonresident motorist and is licensed in a state that is not a member
of the Nonresident Violator Compact of 1977,
[
an immediate appearance
before a magistrate is not required by statute
] and when in the judgment
of the arresting officer, a custody arrest is necessary to
ensure
[
insure
] the violator's appearance in court and the violator elects to
waive his immediate appearance
before a magistrate
[
by selecting
this alternate method
].
Part 3.
TEXAS YOUTH COMMISSION
TYC
] care. Based on each youth's offense(s)[
,
] and risk level, TYC has predetermined the most appropriate level
of restriction and minimum length of stay requirement for public protection
and for promotion of rehabilitation. Youth in coeducational facilities have
equal access to agency programs and activities.
(GAP)
] §85.23 of this title (relating to Classification).
(GAP)
] §85.25 of this title (relating to Minimum Length of Stay).
(GAP)
] §85.27 of this title (relating to Program Restriction Levels).
see (GAP) §85.29 of this title
(relating to Program Completion and Movement of Other Than Sentenced Offenders)
and (GAP) §85.33 of this title (relating to Program Completion and Movement
of Sentenced Offenders).
]
level
] I hearing to have committed a felony or high risk offense.
twelve
] months and with any risk level, assigned to a program
of high restriction.
type
] A violent offender, may be waived
by the
administrator
[
director
] of centralized placement
unit or designee when a youth is qualified. A designated restriction may be
waived in order to provide specialized treatment or when it is determined
that a youth is physically handicapped or has a special medical condition,
if such handicap or condition would prevent the youth from functioning in
the designated restriction level.
type
] A violent offenders may be waived by
the
administrator
[
director
] of the centralized placement
unit or designee when population is at or above established capacity.
(GAP)
] §85.23
of this title [
(relating to Classification)
].
(GAP) §85.29 of this title (relating to Program Completion and Movement)
].
Parents/guardians shall be notified of all placements.
]
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.
]
See (GAP) §85.33 of this title (relating to Program Completion
and Movement of Sentenced Offenders) for additional information.
] The
Texas Youth Commission (TYC) complies with orders of the committing court
regarding sentences for youth sentenced to commitment to TYC.
(GAP)
] §95.11 of
this title (relating to Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion
of Phase Consequence).
(2)
] types of minimum lengths of stay requirements for TYC youth,
classification minimum length of stay, and assigned disciplinary minimum length
of stay. This rule primarily addresses classification minimum length of stay.
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:
level
] I hearing to have committed a felony or high-risk offense.
(for youth committed for acts occurring on or after January 1, 1996 only)
].
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 for the time already served as a result of that
Level
[
level
] I or II hearing.
(GAP) §85.61
] of this title (relating to Discharge/Transfer of Custody).
(GAP) §85.29 of this title (relating
to Program Completion and Movement of Other Than Sentenced Offenders).
]
(GAP)
]§95.7 of this title (relating to Reclassification
Consequence), [
(GAP)
]§95.9 of this title (relating to Parole
Revocation Consequence), and [
(GAP)
]§95.11 of this title [
(relating to Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion
of Phase Consequence)
].
(GAP)
] §95.11 of this title.
Subchapter C. MOVEMENT WITHOUT PROGRAM COMPLETION
Subchapter D. PROGRAM COMPLETION
Subchapter E. PAROLE PLACEMENT AND DISCHARGE
Chapter 87.
TREATMENT
(GAP) §85.29
of this title (relating to Program Completion and Movement of Other than Sentenced
Offenders).
]
(3)
] See [
(GAP)
] §87.79
of this title (relating to Discharge of Mentally Ill and Mentally Retarded
Youth).
(GAP) §85.29 of this title
].
(GAP) §85.29 of this title or (GAP) §85.33 of
this title
] may be transitioned to a less restrictive setting or paroled
to the community.
See (GAP) §85.33 of this title (relating
to Program Completion and Movement of Sentenced Offenders) for policies relating
to sentenced offenders.
]
(GAP) §85.61
]
of this title (relating to Discharge/Transfer of Custody) for discharge requirements
for youth qualified herein and all other TYC youth.
(GAP)
] §87.69 of this title (relating to Commitment to State
Mental Hospitals) for relevant procedures.
policy
].
policy
] and under Chapter 593, Health
and Safety Code, the agency will determine if the child is mentally retarded
and notify the Mental Retardation Authority (MRA) in the child's home county
and provide a copy of the determination report.
policy
].
Chapter 95.
YOUTH DISCIPLINE
See (GAP) §85.33 of this title (relating to
Program Completion and Movement of Sentenced Offenders).
]
category
] I rule violation which may result in
a classification other than general offender or violator of Conduct Indicating
Need for Supervision (CINS) probation.
policy
] may be reduced based on the youth's behavior and
progress toward goals.
(GAP)
] §95.51 of this title (relating to Level I Hearing
Procedure).
See (GAP) §85.33 of this title (relating to
Program Completion and Movement of Sentenced Offenders).
]
category
] I violation which may result in a classification
other than general offender or violator of Conduct Indicating a Need for Supervision
(CINS) probation.
(1)
] of the following
Category
[
category
] I rule violations as defined in [
(GAP)
] §95.3
of this title (relating to Rules of Conduct), and has previously been classified
for a high-risk offense:
(1)
] of the
Category
[
category
] I rule
violations listed above; and
(GAP)
] §85.23 of this title (relating to Classification).
(GAP)
] §85.23 of this title [
(relating to Classification)
].
(GAP)
] §95.55 of this title (relating to Level II Hearing
Procedure).
See (GAP) §85.33 of this title (relating to
Program Completion and Movement of Sentenced Offenders).
]
resocialization
] phases in the behavior area.
resocialization
] phases in the behavior area.
(GAP)
] §95.21
of this title (relating to Aggression Management Program). All policy and
program requirements of [
(GAP)
] §95.21 of this title will
apply to the assignment in AMP.
(GAP)
] §95.17
of this title (relating to Behavior Management Program). All policy and program
requirements of [
(GAP)
] §95.17 of this title will apply to
the assignment in a BMP.
category
] I rule violations as defined in [
(GAP)
] §95.3
of this title (relating to Rules of Conduct):
§85.41
]
of this title (relating to Temporary Admission Awaiting Transportation);
Chapter 97.
SECURITY AND CONTROL