Part 3.
TEXAS YOUTH COMMISSION
Chapter 95.
YOUTH DISCIPLINE
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.3
The Texas Youth Commission (the commission) adopts an amendment
to §95.3, concerning Rules of Conduct, with changes to the proposed text
as published in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1601).
The justification for amending the section is providing a safe environment
for youth and staff. The amendment includes cigarette lighters and matches
as items considered to be weapons, and therefore youth possession of such
in a residential placement would constitute a category I rule violation.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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 adopted rule implements the Human Resources Code, §61.034.
§95.3.Rules of Conduct.
(a)
Purpose. The purpose of this rule is to establish rules
of conduct youth will be expected to follow agency-wide. Violations of the
rules result in disciplinary consequences that are proportional to the severity
and extent of the violation and follow appropriate due process.
(b)
Texas Youth Commission (TYC) facilities and programs shall
maintain youth discipline to the extent necessary to keep order and provide
a safe and constructive environment for youth, staff and visitors.
(c)
Rules in this policy may be restated in greater detail
or otherwise adapted to accommodate a particular program in order to help
clarify expected behavior in that program. All adapted or restated rules shall
remain consistent with the general rules of conduct.
(d)
The rules are posted in a conspicuous area accessible to
youth in each facility and program.
(e)
Rules of Conduct. It is a violation to knowingly violate
or attempt to violate or help someone else violate any of the Rules of Conduct.
Repeated violations of any rule of conduct will result in more serious disciplinary
consequences.
(f)
Category I Rule Violations. A category I rule violation
is an act of misconduct that constitutes a crime, involves harm to the youth
or others, or threatens facility safety, security, and order. These are the
baseline rules which, when crossed, result in the most severe consequences.
These consequences include referral to criminal court, disciplinary movement,
reclassification, multi-phase demotion, and/or assignment of a disciplinary
minimum length of stay. Category I rule violations are as follows:
(1)
Violate any Law--youth violates any city or county ordinance,
or any state or federal law
(2)
Escape--youth leaves the property of the assigned location
without authorization or fails to return from an authorized leave.
(3)
Attempted Escape--youth, with specific intent to escape,
commits an act amounting to more than planning, but fails to effect the intended
escape.
(4)
Abscond--youth assigned to a minimum or home level restriction
leaves any TYC-designated location without permission of staff and his/her
whereabouts are unknown to supervising staff. (A youth that fails to report
to the assigned parole officer, but whose whereabouts are known, is not an
absconder.)
(5)
Fleeing Apprehension--youth is in an undesignated area
and intentionally flees apprehension by TYC staff.
(6)
Failure to Report--youth assigned to minimum or home level
restriction fails to report to a pre-scheduled appointment with a parole staff.
(7)
Assault on Staff/Volunteer (Bodily Injury)--youth intentionally,
knowingly, or recklessly causes bodily injury to staff a staff or volunteer.
Staff is defined as a TYC employee, contract program employee, contract program
employee, or any person who is providing contract services at a contract program
or TYC-operated facility.
(8)
Assault on Staff/ Volunteer (Offensive Contact)--youth
intentionally or knowingly causes physical contact with a staff or volunteer
when the youth knows or should reasonably believe that the staff or volunteer
will regard the contact as offensive or provocative (includes hitting without
injury, spitting, touching of staff’s buttocks or breasts, etc.) Staff
is defined as a TYC employee, contract program employee, or any person who
is providing contract services at a contract program or TYC-operated facility.
(9)
Assault of Youth/Other (Bodily Injury)--youth intentionally
or knowingly, or recklessly causes bodily injury to another.
(10)
Assault of Youth/Other (Offensive Contact)--youth intentionally
or knowingly causes physical contact with another when the youth knows or
should reasonably believe that the other will regard the contact as offensive
or provocative (includes hitting without injury, spitting, touching of other’s
buttocks or breasts, etc.).
(11)
Assault by Threat (Imminent Bodily Injury)--by word, gesture,
or conduct a youth intentionally or knowingly threatens another with imminent
bodily injury.
(12)
Injury to Self--a youth intentionally or knowingly engages
in bodily harm to self.
(13)
Possession of a Weapon--youth is found to be in possession
of a weapon or item(s) which has been made, or adapted for use as a weapon.
This includes cigarette lighters or matches in a residential placement.
(14)
Possession or Use of Unauthorized Substance or Intoxicant--youth
is found to be using or possessing any unauthorized substance or intoxicant.
This also includes tobacco for youth in a residential placement.
(15)
Refusing a Drug Screen--youth refuses to take a drug screen
when requested to do so by staff, or youth tampers with or contaminates the
urine sample provided for a drug screen.
(16)
Vandalism ($50 or more)--youth intentionally damages state
or personal property having an estimated value of $50 or more.
(17)
Participation in a Riot--youth intentionally participates
with two (2) or more persons in conduct that threatens imminent harm to persons
or property and substantially obstructs the performance of facility operations
or programs. Incident must take place in a TYC facility or contract program.
(18)
Two or More Failures to Comply with Written Reasonable
Request--youth fails on two (2) or more occasions to comply with the conditions
of release under supervision and/or a specific written reasonable request
of staff that is either present in the ICP or is validly related to previous
high-risk behavior. If the expectation is daily or weekly, the two (2) failures
to comply must be within a 30-day period. If the expectation is monthly, the
two (2) failures to comply must be within a 90-day period.
(19)
Inappropriate Sexual Contact--youth engages in inappropriate
sexual contact including touching or fondling the anus, buttocks, breast,
or genitals of another for sexual stimulation. This also includes kissing.
(20)
Indecent Exposure--youth engages in intentional or reckless
exposure of anus, buttocks, breasts, or genitals.
(21)
Extortion--youth uses his/her perceived position or power
to obtain property, funds, or action from another person.
(22)
Chunking Bodily Fluids--with the intent to harass, alarm,
or annoy another person, a youth causes a person to contact the blood, seminal
fluid, vaginal fluid, urine, and/or feces of another person. Does not include
saliva.
(23)
Stealing ($50 or more)--youth takes, without permission,
an item or items with an estimated value of $50 or more.
(24)
Tampering with Information Technology Resources or Safety
Equipment--youth tampers or interferes with the operations of safety or other
emergency related equipment, or information technology/computer, video and/or
communications equipment, to include improperly accessing information therein.
(25)
Tattooing/Body Piercing--youth engages in tattooing or
body piercing of either self or others. (Although youth in halfway house and
parole may have pierced ears, they may not pierce each other’s ears.)
(26)
Attempting, Aiding, or Abetting Commission of a Category
I Rule Violation--youth attempts to commit a category I rule violation, or
assists or helps another youth to commit a category I rule violation.
(27)
Failing to Report Category I Rule Violation--youth fails
to report personal knowledge of facts concerning a rule violation by another
youth, which are not known to staff.
(g)
Category II Rule Violations. A category II rule violation
is an act of misconduct that reflects a youth’s immaturity, lack of
responsibility, and intractability which, if unchecked, could lead to more
serious category I violations. It is willful behavior that breaks rules for
which minor consequences, called on-site disciplinary consequences, may be
levied. Minor consequences include loss of privileges, restriction, or confiscation
of contraband. Category II rule violations are as follows:
(1)
Stealing/Under $50--youth takes, without permission, an
item or items with an estimated value of less than $50.
(2)
Vandalism/Under $50--youth intentionally damages, state
or personal property having an estimated value of less than $50.
(3)
Contraband--youth possesses an item(s) that is considered
improper for children to see or possess or that may threaten the safety, security,
or order of the facility. Consult §91.7 of this title (relating to Youth
Personal Property) for definition of contraband.
(4)
Danger to Others--youth intentionally or recklessly, by
word, gesture or conduct, threatens to cause bodily harm to others.
(5)
Threat of Harm to Self--By word, gesture, or conduct, the
youth has expressed intent to engage in bodily harm to self.
(6)
Lending/Borrowing/Trading Items--youth lends or gives to
another youth, borrows or takes from another youth, and/or trades with another
youth possessions, including food items, without permission from staff.
(7)
Disruption of Program--youth engages in behavior which
requires intervention to the extent that the youth’s current program
is disrupted. Types of disruption might include:
(A)
disrupting a scheduled activity;
(B)
being loud or disruptive without staff permission;
(C)
using profanity or engaging in disrespectful behavior;
(D)
refusing to participate in a scheduled activity or abide
by program rules;
(E)
engaging in rough boisterous behavior and/or physical contact
intended for aggravating or annoying another person; or
(F)
engaging in disruptive behavior after bedtime.
(8)
Undesignated Area--youth is in any area without the appropriate
permission to be in that area.
(9)
Refusal to Follow Staff Instructions (Verbal)--youth deliberately
does not comply with a specific and reasonable verbal or written request or
instruction made by a staff member.
(10)
Miss Scheduled Activities or Curfew--youth fails to attend
a scheduled activity or violates curfew. Not applicable to youth in a high
restriction facility.
(11)
Gambling--youth engages in a bet or wager with another
person.
(12)
Failure to Abide by Dress Code--youth fails to follow
the rules of dress and appearance in accordance with §91.5 of this title
(relating to Clothing, Hair, and Symbolic Expression) or as conditions of
parole.
(13)
Attempting, Aiding, or Abetting Commission of a Category
II Rule Violation--youth attempts to commit a category II rule violation,
or assists or helps another youth to commit a category II rule violation.
(14)
Failing to Report Category II Rule Violation--youth fails
to report personal knowledge of facts concerning a rule violation by another
youth, which are not known to staff.
(15)
Breaching Group Confidentiality--youth discloses or discusses
information provided to him/her in a correctional therapy group session to
another person not present in that group session.
(16)
Violating Security Program/Rules--youth is not complying
with the standardized program or rules of the security unit while in the security
unit.
(17)
Improper Use of Telephone/Mail--youth uses the mail or
telephone system for communication which is prohibited under §93.13 of
this title (relating to Use of Telephone) or §93.15 of this title (relating
to Youth Mail).
(18)
Failure to do Proper Housekeeping--youth does not complete
the daily chores of cleaning his/her living environment to the expected standard.
(19)
Gang Related Activity--youth engages in a behavior or
activity associated with an organized group or gang including, but not limited
to, tagging, displaying gang hand signals, using gang slang language, and/or
possessing gang writing/symbols of any kind including on clothing.
(20)
Lying/Falsifying Documentation/Cheating--youth lies or
withholds information from staff, falsifies a document and/or cheats in an
assignment or test.
(21)
Threat of Escape--by word, gesture, or conduct, a youth
expresses an intention to escape a residential placement assignment.
(h)
Contraband. Consistent with the Rules of Conduct, youth
in a residential program which is under contract to TYC or operated by TYC
shall not have contraband. Contraband items will be confiscated and disposed
of in accordance with §97.11 of this title (relating to Control of Unauthorized
Items Seized). Contraband is defined in §91.7 of this title (relating
to Youth Personal Property).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 26, 2005.
TRD-200501711
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: May 16, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-6014
Subchapter A. SECURITY AND CONTROL
Chapter 97.
SECURITY AND CONTROL