TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 3. TEXAS YOUTH COMMISSION

Chapter 81. INTERACTION WITH THE PUBLIC

37 TAC §81.1

The Texas Youth Commission (the commission) proposes an amendment to §81.1, concerning Public Information Requests. The amended section requires that requests for public information be submitted in writing.

The proposed rule also establishes that the commission will not consider public information requests submitted by fax or e-mail as received until the request is submitted to the agency's designated fax number or email address for such requests. This amendment will not affect public information requests delivered via regular mail or in-person, which are considered 'received' upon receipt by any staff.

Robin McKeever, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Neil Nichols, General Counsel, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be efficient use of agency resources. 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.

The amendment is proposed under the Texas Government Code, §552.

The proposed rule affects the Human Resources Code, §61.034.

§81.1.Public Information Request

(a) Purpose. The purpose of this rule is to provide information, consistent with the Public Information Act, Texas Government Code Chapter 552, regarding requests for public information from the Texas Youth Commission (TYC) [ agency ].

(b) Pursuant to Texas Government Code §552.201, the executive director is the officer for public information. The executive director may designate an open records coordinator to respond to requests for public information. Each department head is an agent of the executive director for purposes of complying with the Public Information Act. [ If not excepted, all information collected, assembled, or maintained in connection with the transaction of official business is public information and shall be available to the public during normal business hours. Forms in which the media containing public information exists include book, paper, letter, document, printout, photograph, film, tape, microfiche, microfilm, Photostat, sound recording, map, and drawing and a voice, data, or video representation held in computer memory. ]

(c) The TYC shall:

(1) make public information available for inspection and copying;

(2) carefully protect public information from deterioration, alteration, mutilation, loss, or unlawful removal; and

(3) repair, renovate, or re-bind public information as necessary to maintain it properly.

(d) Each TYC facility shall post a sign in the administrative offices of the facility, in the form prescribed by the Texas Building and Procurement Commission. The sign shall contain the basic rights of a requestor of public information, the responsibilities of TYC, and the procedures for inspecting or obtaining a copy of public information.

(e) [ (c) ] All requests must [ should ] be in writing and should include the name, address and telephone number of the requestor [ requester ]. Requests submitted by fax or email are not considered received until submitted to the fax number or email address designated by TYC on its Internet website [ will be accepted by fax and email ].

(f) All requests for youth records or information shall be processed according to §99.9 of this title.

(g) [ (d) ] Except as described in subsection (i) of this section, information that is open for inspection shall "promptly" be made available to the requestor. "Promptly" means as soon as possible under the circumstances, within a reasonable time, without delay. If a response to a request cannot be made within ten (10) business days from receipt of the request, the open records coordinator shall notify the requestor in writing of the date on which the records will be made available. A governmental body is not entitled to automatically withhold for ten (10) business days information not excepted from public disclosure. [ TYC staff shall respond immediately without delay to a request. ]

(h) [ (e) ] If TYC [ the legal services department ] determines that the request will require an opinion by the Attorney General as to the releasability of the requested information, the request to the Attorney General shall [ must ] be made within ten business days of the receipt of the request for information , with written notice provided to the requestor . Otherwise, the information is open for inspection.

(i) [ (f) ] Information requested by a member of the legislature or a member of a legislative body will be provided at no charge. If the requested information is confidential it shall remain so in the hands of the requestor [ requester ]. The requestor must [ requester shall ] complete an affidavit regarding confidentiality of the information [ TYC Affidavit: Confidentiality Agreement Relating to Release of Public Information form, LS-032 regarding confidentiality ].

(j) [ (g) ] Costs for production of requested documents are based on guidelines established by the Texas Building and Procurement Commission. See §81.75 of this title [ (relating to Copying Costs) ].

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 May 10, 2006.

TRD-200602604

Dwight Harris

Executive Director

Texas Youth Commission

Earliest possible date of adoption: June 25, 2006

For further information, please call: (512) 424-6301


Chapter 87. TREATMENT

Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS

37 TAC §87.75

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Youth Commission (the commission) proposes the repeal of §87.75, concerning Mentally Retarded Offender Program. The repeal of the section will allow for a new rule to be published in its place. The new rule is proposed in this issue of the Texas Register .

Robin McKeever, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Neil Nichols, General Counsel, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the availability of a new rule concerning program services for offenders with mental retardation. 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.

The repeal is 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 rule affects the Human Resources Code, §61.034.

§87.75.Mentally Retarded Offender Program.

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 May 10, 2006.

TRD-200602607

Dwight Harris

Executive Director

Texas Youth Commission

Earliest possible date of adoption: June 25, 2006

For further information, please call: (512) 424-6301


37 TAC §87.75

The Texas Youth Commission (the commission) proposes new §87.75, concerning Program Services for Offenders with Mental Retardation. The new section will set forth the commission's policy regarding specialized program services for youth identified as having a "Priority 1" need for mental retardation services. The current rule addressing these services is proposed for repeal in this issue of the Texas Register . Primarily, this rule revision will effect an operational change wherein the Corsicana Residential Treatment Center (CRTC) is no longer required to operate a dedicated program dormitory, with a predetermined number of beds, for offenders with mental retardation. The program will operate instead as a plan of service which can be applied anywhere on campus.

Robin McKeever, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Neil Nichols, General Counsel, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be more efficient use of agency resources. Specifically, CRTC will no longer need to maintain a pre-determined population number in the program for offenders with mental retardation. Rather, CRTC will be able to place Priority 1 youth in the most appropriate location on campus according to their size, age, gender and abilities. 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.

The new section is proposed under the Human Resources Code, §61.075, which provides the commission 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.

The proposed rule affects the Human Resources Code, §61.034.

§87.75.Program Services for Offenders with Mental Retardation.

(a) Purpose. The Corsicana Residential Treatment Center (CRTC) provides specialized program services for youth identified with a Priority 1 need for mental retardation services. The rule will establish admission criteria and procedures, and release, transition or transfer options for youth with mental retardation.

(b) Explanation of Terms Used. Priority 1: Specialized Mental Retardation Services--specialized mental retardation services are required for youth who, based upon the results of an appropriate psychological assessment, are diagnosed with moderate to severe mental retardation and corresponding deficits in adaptive functioning, according to the guidelines published in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

(c) Admissions Criteria. Youth from a secure residential program will be admitted to the CRTC if a Priority 1 need for mental retardation services has been established.

(d) Program Requirements. The CRTC will adapt the agency's Resocialization program to enable the progress of youth diagnosed with mental retardation. These adaptations will be documented monthly in the youth's Individual Case Plan (ICP).

(e) Release, Transfer and Transition Options.

(1) Youth in the CRTC who meet criteria for transition, release or transfer according to §§85.45, 85.55, 85.59, 85.61, 85.65, or 85.69 of this title may be transitioned to a less restrictive setting or paroled to the community or transferred to Texas Department of Criminal Justice (TDCJ).

(2) Youth may be transitioned from the CRTC to an alternative placement if their functional ability improves to a level at which they can continue to progress with identified program adaptations in a general population setting.

(3) Youth who do not progress in the agency's Resocialization program for reasons other than mental retardation may be transferred to another facility through the centralized placement unit (as an administrative transfer) for appropriate placement. For administrative transfer procedures, see §85.45 of this title.

(4) Youth in the CRTC who have completed the initial minimum length of stay and are determined to be unable to progress in the agency's Resocialization Program due mental retardation in accordance with §87.79 of this title shall be discharged.

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 May 10, 2006.

TRD-200602606

Dwight Harris

Executive Director

Texas Youth Commission

Earliest possible date of adoption: June 25, 2006

For further information, please call: (512) 424-6301


Chapter 91. PROGRAM SERVICES

Subchapter A. BASIC SERVICES

37 TAC §91.7

The Texas Youth Commission (the commission) proposes an amendment to §91.7, concerning Youth Personal Property. The amendment to the section adds a reference to §87.4, concerning Resocialization Earned Privilege System, which was adopted in the January 6, 2006, issue of the Texas Register (31 TexReg 173). The amendment also removes rules relating to youth possessions which is now covered under §87.4.

Robin McKeever, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the section are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Neil Nichols, General Counsel, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the ease of access to information and elimination of duplicative agency policy. 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.

The amendment is 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 rule affects the Human Resources Code, §61.034.

§91.7.Youth Personal Property.

(a) Purpose. The purpose of this policy is to establish limits on the personal property a youth may posses while assigned to a residential facility. The restriction and prohibition of personal property is necessary in order to maintain facility order and provide a safe, sanitary and constructive environment conducive to the youth's rehabilitation. This rule also defines items that are considered contraband in a residential setting.

(b) Applicability.

(1) Contraband items other than contraband money will be disposed of in accordance with §97.11 of this title [ (relating to Control of Unauthorized Items Seized) ].

(2) Contraband money as defined in subsection (c)(7) [ (d)(7) ] of this section will be disposed of in accordance with §95.11 of this title [ (relating to Disciplinary Consequences) ].

[ (c) General Requirements.]

[ (1) The Texas Youth Commission (TYC) assessment center shall prohibit youth possessing personal property except for medically necessary items. All personal property except for medically necessary items, will be inventoried, receipted and returned to the person transporting the youth to the facility to be returned to the youth's home. The county transporter is responsible for ensuring that all personal items are returned to the youth's home.]

[ (2) Other residential programs may prohibit youth from possessing personal property except for medically necessary items, personal letters, and photographs that are otherwise acceptable. Programs may allow youth to possess limited personal property consistent with the program's privilege system and/or interaction in the community in accordance with §93.1 of this title (relating to Basic Youth Rights).]

(c) [ (d) ] [ Prohibited Items/ ] Contraband. The [ Possession (care, custody or control) of the ] following items are [ prohibited and will be ] considered contraband . Possession (care, custody, or control) of such items within a Texas Youth Commission (TYC)-operated [ within a TYC operated ] or contract residential facility is prohibited .

(1) Any item which is a crime to possess under municipal ordinances or state or federal law, including solvent inhalants, drugs, and alcohol.

(2) Unauthorized possession of prescription drugs or over the counter medication. For example: medication not prescribed to the youth, or in excess of the amount prescribed to the youth, or without the consent or knowledge of staff, or at an unauthorized time, etc.

(3) Narcotics paraphernalia.

(4) Items that can be used, made, or adapted to use as weapons against self or others. Because jewelry represents a risk to facility safety (e.g., items may be used as weapons or may injure staff/youth during a restraint), youth are not allowed to possess any jewelry.

(5) Pictures or drawings that depict exploitive or sexually explicit male or female nudity or partial nudity or sexual acts, including magazines or periodicals, which routinely publish such pictures. No forms of nudity will be allowed to be posted.

(6) Any items with slogans, mottos or emblems which are obscene, advocate illegal or immoral conduct, hold individuals or groups up to ridicule, advocate violence, or reinforce delinquent subcultural values, or in any way disrupt programs or activities, including but not limited to posters, pictures, magazines, periodicals, or clothing.

(7) Money in excess of the amount or not in a form permitted by facility rules.

(8) Gambling paraphernalia (dice, playing cards, etc.).

(9) Devices which have been fashioned to produce tattoos.

(10) Any item not listed on the youth's Personal Property and Clothing Inventory form[ , CCF-510 ] (other than personal letters or photographs).

(d) General Requirements.

(1) The TYC assessment center shall prohibit youth possessing personal property except for medically necessary items. All personal property except for medically necessary items will be inventoried, receipted and returned to the person transporting the youth to the facility to be returned to the youth's home. The county transporter is responsible for ensuring that all personal items are returned to the youth's home.

(2) Other residential programs may prohibit youth from possessing personal property except for medically necessary items, personal letters, and photographs that are otherwise acceptable. Programs may allow youth to possess limited personal property consistent with the program's privilege system and/or interaction in the community in accordance with §93.1 of this title.

(3) [ (e) ] Due to space limitations, youth may be restricted to possessions that will fit in their designated storage space in a neat and orderly manner. This includes letters, pictures, books and magazines.

(4) [ (1) ] The amount of space a youth has to store personal belongings will be left up to the facility, dependent on local issues such as the configuration of the dorm.

(5) [ (2) ] No youth will be denied the right to possess what the agency allows based on inadequate storage space; however, local administration may limit the number or amount of these items based on space limitations.

(6) [ (f) ] Youth with a documented history of self-injury may have restricted access to certain possessions otherwise authorized under this policy that might be used to cause themselves harm. These restrictions will be made on an individual basis and documented in the youth's Individual Case Plan (ICP).

(7) [ (g) ] A program is neither liable for nor will replace lost, stolen or damaged personal items of youth unless loss or damage can be shown to have resulted from staff negligence.

(8) [ (h) ] An inventory of any personal property or clothing a youth is allowed to possess will be established and maintained. Any item not listed on this inventory will be considered contraband and disposed of according to §97.11 of this title.

(9) [ (i) ] Any personal property or clothing a youth is allowed to possess will move with the youth to each assigned placement.

(10) [ (j) ] Youth may not give, take, borrow, steal, barter, or trade possessions with other youth.

(11) [ (k) ] A youth who escapes shall be considered to have abandoned his property. The administrator will notify the youth and his or her parents, head of household, or managing conservator of the inventory of property and that the property will be disposed of in 30 days unless shipping COD is authorized. If authorization is given, all property is shipped COD by the least expensive means available. If after 30 days in storage the property has not been demanded, then the property is disposed of. Should a youth subsequently return from an escape, reasonable efforts will be made to return any property remaining at the facility. However, a youth shall not be entitled to compensation for any loss or damage caused by disposition or shipping of property in accordance with this procedure.

(12) [ (l) ] Parents and youth will be notified in writing of the rules relating to personal possessions.

[ (m) TYC Operated Institutions. With the exception of the TYC assessment center, youth in TYC operated institutions will be allowed or denied the following possessions in accordance with the standards outlined in this policy. ]

[ (1) Clothes and Shoes. ]

(13) Youth in TYC-operated Institutions:

(A) [ Dress code requirements will be based upon the youth's progress in the agency's established treatment program in order to easily identify a youth's phase, and in order to enhance the youth's incentive to participate in such program. Facilities ] will be provided [ provide all youth ] with standardized clothing and shoes. See §91.5 of this title for dress code requirements; [ . ]

[ (B) Youth on phases III and IV will be provided with clothing that reflect their success in the Resocialization program. Each facility will develop a local policy specifying dress code requirements. At a minimum, youth on phase III and IV will be provided with blue jeans or khaki pants that fit properly, and youth on phase IV will be provided with collared shirts. Facilities where youth wear military attire are exempt from this requirement.]

[ (C) Youth of all phases will be provided with standard shoes. Phase III and IV youth will be allowed to possess one pair of their own tennis shoes. Shoes must be black, white, or black and white. Shoes may be purchased with money from the youth's student trust fund, either through a commissary or through store runs. The family may provide shoes to the youth only if they are shipped directly from the store, in an effort to prevent contraband from entering the facility. Shoes will not be provided by the family at visitation. ]

(B) [ (D) ] may be allowed to possess additional appropriate clothing to wear to off-campus privileges such as community jobs or school; [ Facilities may allow youth to possess additional appropriate clothing to wear to off-campus privileges such as community jobs or school. Personal clothing for these purposes will be either provided by the facility or purchased with money from the youth's trust fund. The family may provide this clothing to the youth only if they are shipped directly from the store, in an effort to prevent contraband from entering the facility. ]

[ (E) If a youth loses a phase, the youth may be allowed to keep personal clothing/shoes in his/her possession. However, the youth will not be allowed to wear the clothing/shoes until he/she has achieved the required phase again.]

(C) [ (F) ] [ Youth of any phase ] will be allowed to possess personal shoes if they are medically necessary; however, the facility may choose to provide this to the youth in lieu of the family ; [ . ]

[ (2) Jewelry. Because jewelry represents a risk to facility safety (e.g. items may be used as a weapon or may injure staff/student during a restraint), youth are not allowed to possess any jewelry. ]

[ (3) Watches. To provide an incentive to participate and progress in the agency's Resocialization program, phase III and IV youth will be provided a personal inexpensive watch, preferably provided by the Volunteer Council or purchased by the facility using money from the Student Benefit Fund.]

[ (4) Foods. ]

[ (A) As food on the dorm has demonstrated to be a risk to sanitary living conditions, youth are not allowed to have personal food items in their possession. ]

[ (B) Facilities will provide vending machines or a commissary in the visitation area accessible to visitors to purchase food and drinks for youth and families to consume during visitation only. ]

[ (C) There will not be a limit to the amount of money brought into the facility by the family for use in the commissary or vending machines. ]

[ (D) Family members may not bring food to visitation, and youth will not be allowed to take food away from visitation, nor will they be allowed to receive food through the mail. ]

[ (5) Hygiene Products and Makeup. ]

(D) [ (A) ] will be provided appropriate and adequate hygiene products; [ Facilities will provide appropriate and adequate hygiene products to all youth. ]

[ (B) To provide an incentive to participate and progress in the agency's Resocialization program, phase IV youth will be allowed to possess the following individually-purchased personal hygiene products: Bar soap, shampoo, toothpaste and toothbrush, deodorant, lotion, and/or hair products. ]

[ (C) Females will be allowed to possess and wear makeup based upon the youth's progress in the agency resocialization program in an effort to: ]

[ (i) encourage youth to maintain a pro-social appearance and increased self-respect; ]

[ (ii) provide TYC an opportunity to teach girls personal grooming skills such as how to apply makeup appropriately to avoid an anti-social or deviant appearance; and ]

[ (iii) provide an incentive for youth to progress through the agency's rehabilitation program. ]

[ (D) Phase II female youth will also be allowed to possess and wear facility-provided lip-gloss, and personal pressed powder. ]

[ (E) Phase III female youth will be allowed to possess and wear facility-provided lip-gloss, as well as personal pressed powder, blush, mascara (non-waterproof brown or black only), and facial moisturizer (tinted or non-tinted). ]

[ (F) Phase IV female youth will be allowed to possess and wear facility-provided lip-gloss, as well as personal pressed powder, blush, mascara (non-waterproof brown or black only), facial moisturizer (tinted or non-tinted), lipstick, and base (in a compact, stick form, or plastic container only). ]

(E) [ (G) ] [ Tweezers ] will be provided tweezers (girls only) [ to girls at all phases ] to groom their eyebrows/facial hair. However, the female youth will have only controlled access, and shared tweezers will be sterilized between uses. If tweezers are being inappropriately used, access to tweezers will be prohibited. [ Any youth may be prohibited access to tweezers if there is concern that the youth will use the tweezers inappropriately. ] This restriction will be documented on the youth's ICP ; and [ . ]

(F) may possess personal magazines, books or other publications; however, the policy on contraband will limit the content. The youth will be limited in the number or the amount of publications based on storage space limitations, and based on what the local fire marshal will allow (e.g., three books, four publications, etc).

(14) Youth in TYC-operated institutions are restricted from the following:

[ (6) Restrictions on the Use of Makeup. ]

(A) For sanitary reasons, makeup may not be shared among youth.

[ (B) Girls may lose the privilege of wearing makeup while on restriction for category I or II rule violations. ]

(B) [ (C) ] Girls on the Corsicana Stabilization Unit may not wear makeup.

(C) [ (D) ] Boys will not be allowed access to makeup for safety issues (violating the social norms would leave the boys vulnerable to ridicule and/or harassment).

(D) [ (E) ] Youth will not be allowed to possess any talcum powder, aerosol products, or products in glass containers or cans. The following types of makeup will be prohibited: Lip liner pencils, eyeliner (liquid or pencil), eye shadow (cream, powder or pencil), eyebrow pencil, eyelash curler, loose powder, waterproof cosmetics, and nail polish. Institution administrators may place local restrictions on certain types or brands of hygiene products based on safety concerns, e.g. alcohol content, toxicity, etc.

(E) Youth may not possess any item that is not expressly allowed in TYC policy.

[ (7) Youth of any phase will be allowed to possess additional hygiene products deemed medically necessary. Facial cleanser will be supplied to youth as needed/as appropriate to remove cosmetics and/or control acne.]

[ (8) Makeup and other hygiene products may be controlled by staff and issued only at times the youth are in need of them.]

(15) Youth in TYC-operated institutions may obtain the following items:

[ (9) Obtaining Clothing, Shoes, Makeup and Hygiene Products. ]

(A) Personal clothing for off-campus privileges, shoes, makeup and other hygiene products may be purchased by the youth through a local commissary or purchased by the facility on the youth's behalf, using money from the youth's student trust fund. See §87.4 of this title.

(B) Youth will be allowed to receive phase-appropriate shoes or clothing through the mail, only if it is shipped directly from the store. These items will be searched for contraband by staff in the presence of the youth and placed on the youth's inventory the day they are received.

(C) If a facility chooses to purchase these items on the youth's behalf, a local procedure shall be outlined to include a standard approval procedure and proper accounting procedures. Staff shall not take money directly from youth for this purpose.

[ (D) No more than one of a particular hygiene product will be kept by the youth at any one time. ]

[ (10) Youth may possess personal magazines, books or other publications; however, the policy on contraband will limit the content. The youth will be limited in the number or the amount of publications based on storage space limitations, and based on what the local fire marshal will allow (e.g. three books, four publications, etc).]

[ (11) In order to encourage and assist youth in concentrating on learning and practicing their Resocialization skills and goals, youth will not be allowed to possess radios, stereos, cassette tapes, computer diskettes, compact discs, cell phones, batteries, walkmans, television sets, or other electronic equipment with the following exception outlined below.]

[ (A) As an incentive to participate and progress in the agency's Resocialization program, Phase III and IV youth will possess their own (or have access to) battery-operated personal radios and/or tape players (e.g. Walkmans). The radios and/or tape players/tapes will preferably be provided by the volunteer council or purchased with money from the Student Benefit Fund. The youth may not receive electronics or music through the mail or through visitation.]

[ (B) Youth will only be allowed to use the radios or tape players during designated free time.]

[ (C) TYC will provide batteries.]

[ (D) In facilities that can access radio stations in the dorm, the youth will be provided only radios. In facilities that cannot access radio stations inside the dorm, the youth will be provided with tape players and tapes.]

[ (E) CD's and CD players will not be allowed.]

[ (12) Youth may not possess any item that is not expressly allowed in TYC policy.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 10, 2006.

TRD-200602608

Dwight Harris

Executive Director

Texas Youth Commission

Earliest possible date of adoption: June 25, 2006

For further information, please call: (512) 424-6301


Chapter 95. YOUTH DISCIPLINE

Subchapter A. DISCIPLINARY PRACTICES

37 TAC §95.17

The Texas Youth Commission (the commission) proposes an amendment to §95.17, concerning Behavior Management Program. The amendment to the section will add assault of a staff/volunteer by offensive contact to the list of rule violations which, when committed by a youth, will result in placement in a Behavior Management Program.

Robin McKeever, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Neil Nichols, General Counsel, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be providing for the safety of staff and volunteers, and holding youth accountable for high-risk rule violations. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. No private real property rights are affected by adoption of this rule.

Comments on the proposal may be submitted 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.

The amendment is proposed under the Human Resources Code, §61.075, which provides the commission 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.

The proposed rule affects the Human Resources Code, §61.034.

§95.17.Behavior Management Program.

(a) - (d) (No change.)

(e) Program Eligibility. A youth who knowingly engages in, aids, or abets someone else to engage in one or more of the following high risk behaviors is eligible for placement in a BMP:

(1) - (2) (No change.)

(3) threatening imminent bodily injury as defined in §95.3 of this title;

(4) assault on staff/volunteer (Offensive Contact) as defined in §95.3 of this title;

(5) [ (3) ] escape or attempted escape as defined in §95.3 of this title;

(6) [ (4) ] fleeing apprehension which results in a significant disruption of campus operations;

(7) [ (5) ] riotous conduct as defined in §95.3 of this title;

(8) [ (6) ] sexual assault, aggravated sexual assault, or inappropriate sexual contact other than just kissing;

(9) [ (7) ] possessing any item defined as a weapon in the Penal Code or threatening others with use of an object which could be used as a weapon;

[ (8) threatening imminent bodily injury as defined in §95.3 of this title;]

(10) [ (9) ] chunking bodily fluids as defined in §95.3 of this title;

(11) [ (10) ] possession or use of an unauthorized substance or intoxicant;

(12) [ (11) ] self-harm or threatening self-harm, which has been clinically assessed by a mental health professional as not motivated by mental illness pursuant to assessment procedures as set forth in §91.88 of this title (relating to Suicide Alert for Secure Programs);

(13) [ (12) ] chronic disruptive behavior, as demonstrated by:

(A) five (5) or more admissions or extensions to the security program in a 30-day period, or ten (10) or more admissions or extensions to the security program in a three (3)-month period; and

(B) release within the previous six (6) months from a PIP or BMP; or

(14) [ (13) ] behavior which is found in a due process hearing to be eligible for placement in the AMP pursuant to §95.21 of this title and the youth is subsequently denied admission to AMP.

(f) - (h) (No change.)

(i) Progress Through Program Stages. The program consists of five (5) stages. Movement through each stage is based on successful completion of performance objectives.

(1) - (4) (No change.)

(5) Stage 5. Stage 5 shall not exceed 30 consecutive days in duration. Youth are released from the security unit immediately upon completion of Stage 4 and begin participating in a Primary Intervention Program (PIP) on an assigned general population dorm. Youth may earn phases in all areas of Resocialization while on this stage.

(A) (No change.)

(B) Stage 5 Completion Criteria.

(i) Completion of 30 consecutive days with no Category I rule violations and no security referrals , no more than one (1) Category II rule violation in any seven-day review period, [ no security referrals in any seven-day review period ] and compliance with short term IBMP objectives; or

(ii) (No change.)

(j) - (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 May 10, 2006.

TRD-200602609

Dwight Harris

Executive Director

Texas Youth Commission

Earliest possible date of adoption: June 25, 2006

For further information, please call: (512) 424-6301


Chapter 99. GENERAL PROVISIONS

Subchapter A. YOUTH RECORDS

37 TAC §99.19

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Youth Commission (the commission) proposes the repeal of §99.19, concerning Youth Records Disposition. The repeal of the section will allow for a new rule to be published in its place. The new rule is proposed in this issue of the Texas Register .

Robin McKeever, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Neil Nichols, General Counsel, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the availability of a new rule concerning retention of youth records. 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.

The repeal is 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 rule affects the Human Resources Code, §61.034.

§99.19.Youth Records Disposition.

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 May 10, 2006.

TRD-200602611

Dwight Harris

Executive Director

Texas Youth Commission

Earliest possible date of adoption: June 25, 2006

For further information, please call: (512) 424-6301


37 TAC §99.19

The Texas Youth Commission (the commission) proposes new §99.19, concerning Youth Records Disposition. The new section will set forth the commission's policy regarding retention periods and locations for youth records. The current agency rule addressing records retention is proposed for repeal in this issue of the Texas Register . The new rule changes the retention period for most youth records from 25 years to 20 years. Additionally, the new rule specifies that certain youth education records will be retained permanently, and certain security records will be destroyed upon the youth's discharge from the commission's custody.

Robin McKeever, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Neil Nichols, General Counsel, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the efficient use of agency resources. 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.

The new section is proposed under the Human Resources Code, §61.073, which requires the commission to keep written records of all examinations and conclusions based on them and of all orders concerning the disposition or treatment of each child subject to its control.

The proposed rule affects the Human Resources Code, §61.034.

§99.19.Youth Records Disposition.

(a) Purpose. The Texas Youth Commission (TYC) has an established schedule for retention of official youth records and other youth information following discharge from TYC custody.

(b) Explanation of Terms Used.

(1) Official Record--means the masterfile maintained for each TYC youth, which consists of the casework subfile, education subfile, security subfile, and medical subfile. See §99.11 of this title for an explanation of youth masterfiles.

(2) Other Youth Information/Records--means any other information maintained on an individual youth (whether in hard copy or electronic format) that is not designated as part of the masterfile.

(c) Retention Schedule.

(1) Official records shall have the following retention periods and storage locations:

(A) the casework subfile shall be retained in the Central Office Youth Records Repository for 20 years following discharge;

(B) the education subfile shall be retained at the last TYC-operated school attended by the youth for seven years following the end of the state fiscal year in which the youth was transferred out of the TYC-operated school. At the end of the retention period, permanent records shall be removed from the education subfile and permanently retained in the Central Office Youth Records Repository;

(C) the security subfile shall be destroyed upon the youth's discharge from TYC; and

(D) the medical subfile shall be retained in the Central Office Youth Records Repository:

(i) for 20 years following discharge, if in paper format, or

(ii) permanently, if in electronic format.

(2) Other youth information/records shall be retained at the facility where the records were generated for the retention period established in the TYC records retention schedule for the applicable record series.

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 May 10, 2006.

TRD-200602610

Dwight Harris

Executive Director

Texas Youth Commission

Earliest possible date of adoption: June 25, 2006

For further information, please call: (512) 424-6301