Part 3. TEXAS YOUTH COMMISSION
Chapter 85. ADMISSION, PLACEMENT, AND PROGRAM COMPLETION
Subchapter D. PROGRAM COMPLETION
Pursuant to Government Code, §2001.034, the Texas Youth Commission (commission) adopts on an emergency basis new §85.63, concerning discharge of youth committed to the commission under determinate sentence orders. The new section sets forth the criteria the commission will use in making a determination as to whether or not to refer a sentenced offender to the committing juvenile court for the purpose of confinement in the Texas Department of Criminal Justice. Additionally, the new section establishes the executive director or his/her designee as the final approval authority for referrals to juvenile court and for discharges to adult parole.
This new section is adopted on an emergency basis in order to ensure that sentenced offenders whose conduct indicates that the welfare of the community requires confinement in adult prison are referred to court for transfer hearings.
The new section is adopted on an emergency basis under Human Resources Code, §61.079, which provides the commission authority to refer a child to the committing juvenile court for confinement in the Texas Department of Criminal Justice under certain conditions, and §61.084, which requires the commission to transfer a sentenced offender to the custody of the adult parole system on the 19th birthday to serve the remainder of the sentence if the youth has not already been discharged or transferred.
The adopted rule affects Human Resource Code, §61.034.
§85.63.Discharge of Sentenced Offenders.
(a) Purpose. This rule establishes the criteria for discharging sentenced offenders from the jurisdiction of the Texas Youth Commission (TYC).
(b) Applicability. This rule applies only to youth committed to TYC under determinate sentence orders. To the extent that this rule conflicts with provisions of §85.65 and §85.69 of this title, provisions of this rule are controlling.
(c) Criteria for Referral to Juvenile Court. Pursuant to §61.079, Human Resources Code, TYC may refer a youth to the committing juvenile court for approval of the youth's transfer to the Texas Department of Criminal Justice (TDCJ) for confinement if:
(1) the youth is at least 16 years of age and not yet 19 years of age; and
(2) the youth has not completed the sentence; and
(3) the youth's conduct, regardless of whether the youth was released under supervision under §61.081, Human Resources Code, indicates that the welfare of the community requires the transfer; and
(4) if the youth is released under supervision, the youth's parole has been revoked or the youth has been adjudicated or convicted of a felony offense.
(d) Criteria for Discharge. A sentenced offender shall be discharged from TYC jurisdiction upon the earliest of the following events:
(1) approval by the committing court for transfer of the youth for confinement in TDCJ; or
(2) expiration of the youth's sentence, unless:
(A) the youth is committed under concurrent determinate sentence and indeterminate commitment orders; and
(B) the sentence is completed prior to expiration of TYC's jurisdiction; or
(3) transfer to the TDCJ Parole Division on the 19th birthday for youth who:
(A) have not completed the court-imposed sentence; and
(B) have not been approved by the committing court for transfer to TDCJ for confinement.
(e) Approval Authority. The executive director or his/her designee is the final approval authority for referral to court for a transfer hearing and for transfer to TDCJ Parole Division for youth not referred to court.
This agency hereby certifies that the emergency adoption 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 August 15, 2007.
TRD-200703646
Dimitria D. Pope
Acting Executive Director
Texas Youth Commission
Effective Date: August 15, 2007
Expiration Date: December 12, 2007
For further information, please call: (512) 424-6014