PART 3. TEXAS YOUTH COMMISSION
CHAPTER 93. YOUTH RIGHTS AND REMEDIES
The Texas Youth Commission (TYC) proposes new §93.37, concerning Alleged Sexual Abuse. The new section establishes TYC's zero-tolerance policy toward any type of sexual abuse of youth under TYC custody. The new section also establishes standards for reporting and investigating alleged sexual abuse, as well as provisions for screening, medical and mental health treatment, and housing assignments.
Robin McKeever, Chief Financial Officer, has determined that for the first five-year period the new section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new section.
Leticia Peña-Martinez, Deputy Commissioner for Planning and Policy, 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 protection of youth against any form of sexual abuse, as well as compliance with SB 103 (80th Legislature), which requires TYC to adopt a no-tolerance policy toward sexual abuse. There will be no effect on small businesses or micro-businesses. There is no anticipated economic cost to persons who are required to comply with the new 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, Manager of Policy and Accreditation, Texas Youth Commission, 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, §61.055, which requires the commission to adopt a zero-tolerance policy concerning the detection, prevention, and punishment of the sexual abuse, including consensual sexual contact, of children in the custody of the commission.
The proposed rule implements the Human Resources Code, §61.034.
§93.37.Alleged Sexual Abuse.
(a) Purpose. The Texas Youth Commission (TYC) has zero tolerance for any form of sexual abuse of youth under TYC jurisdiction. This rule establishes prohibited conduct and behaviors that are broader than those established by statute as violations of law. This rule sets forth standards for reporting and investigating alleged sexual abuse of TYC youth. This rule also addresses screening and housing placement procedures for youth who may be potential victims or perpetrators of sexual abuse.
(b) Applicability. This rule applies to TYC-operated and contract care residential facilities.
(c) Additional References.
(1) For reporting obligations and investigation procedures, see §93.33 of this title (relating to Alleged Abuse, Neglect, and Exploitation).
(2) For procedures regarding appeals to the chief executive officer, see §93.53 of this title (relating to Appeal to Executive Director).
(3) For procedures regarding youth orientation, see §91.15 of this title (relating to Youth Mail).
(4) For procedures regarding preservation of evidence, see §97.11 of this title (relating to Control of Unauthorized Items Seized).
(5) For youth grievance procedures, see §93.31 of this title (relating to Youth Grievance System).
(6) For restrictions on cross-gender searches, see §97.9 of this title (relating to Youth Search).
(7) For referrals to criminal court, see §95.5 of this title (relating to Referral to Criminal Court).
(8) For procedures regarding investigations of youth death, see §99.51 of this title (relating to Death of a Youth).
(9) For procedures regarding administrative disciplinary sanctions for employees, volunteers, and contract personnel, see TYC's personnel policy manual.
(d) Definitions. Sexual Abuse--Includes sexually abusive contact, sexually abusive penetration, indecent exposure, voyeurism, and sexual harassment, as defined below.
(1) Sexually Abusive Contact--touching without penetration of the genitalia, anus, groin, breast, inner thigh, or buttocks, either directly or through clothing, of another person.
(2) Sexually Abusive Penetration--contact between the penis and vagina or the penis and anus; contact between the mouth and the penis, vagina, or anus; or penetration of the anal or genital opening of another person by hand, finger, or other object.
(3) Indecent Exposure--the display by a staff member of his/her genitalia, buttocks, or breast in the presence of a youth.
(4) Voyeurism--an invasion of a youth's privacy by a staff member unrelated to official duties, such as peering at a youth who is showering or undressing in his or her cell or requiring a youth to expose him or herself for reasons unrelated to official duties.
(5) Sexual Harassment--repeated verbal statements, comments, or behaviors of a sexual nature to a youth by any individual including threats, extortion, bribery, demeaning references to gender, derogatory comments about body or clothing, or profane or obscene language, gestures, or written comments.
(e) General Provisions.
(1) It is the policy of TYC to ensure that any form of sexual activity between youth or between youth and staff/volunteers/contract employees, regardless of consensual status, is strictly prohibited. Such conduct is subject to administrative disciplinary sanctions and may result in criminal prosecution.
(2) Youth under TYC jurisdiction whose placement is in a TYC-operated residential facility or contracted residential program cannot give consent to engage in behavior defined as sexual abuse under this policy, regardless of the youth's age.
(3) Retaliation against any youth or employee who reports or assists in the investigation of alleged sexual abuse is strictly prohibited and is grounds for disciplinary action up to and including termination of employment.
(4) The facility administrator is the person responsible for the implementation and enforcement of this rule.
(f) Reporting of Sexual Abuse.
(1) Any TYC employee, volunteer, or contractor who has cause to believe that a youth in any program or facility under TYC jurisdiction has been or may be subjected to an act or threat of sexual abuse or receives a report of sexual abuse or possible sexual abuse, whether verbally or in writing, must immediately notify the proper authorities in accordance with agency policy and state law.
(2) Any youth or person advocating on behalf of a youth may report an act or threat of sexual abuse to:
(A) the TYC Office of Inspector General 24-hour Incident Reporting Center (hotline);
(B) any TYC staff member, volunteer, contract employee, or any other individual who can report the incident; or
(C) any law enforcement agency.
(g) Actions of the Facility Administrator Regarding a Report of Alleged Sexual Abuse. The facility administrator, in consultation with the appropriate law enforcement agency, will take the following actions immediately upon receipt of the report:
(1) notify the victim's parents or guardian of the report;
(2) take immediate steps to protect the victim by ensuring that the alleged victim and alleged perpetrator are physically separated pending an investigation, which may include, but is not limited to:
(A) dorm transfer or other placement within the facility; or
(B) administrative transfer to another facility or program; and
(3) preserve evidence that may be pertinent to an investigation of the matter.
(h) Standards of Care.
(1) Screening.
(A) Within 24 hours after each of the following events, each youth will be screened for potential vulnerability to be sexually abused or tendencies of acting out with sexually aggressive behavior or the likelihood of sexually abusing others:
(i) admission to TYC; and
(ii) transfer to another TYC-operated or contract care residential facility.
(B) Youth identified as high risk for sexual victimization are monitored and counseled.
(C) Youth identified as high risk with a history of sexually abusive behavior are monitored, counseled, and provided appropriate treatment.
(2) Placement.
(A) When a youth is identified as being at risk for sexual abuse at his/her current dorm or room assignment, the screening staff will request that the facility administrator move the youth to an alternate placement within the facility.
(B) If an alternative placement cannot be arranged due to lack of available beds, the facility administrator will develop a written plan of action that provides a safe and secure environment for the victim and ensure the plan is implemented.
(C) Upon facility transfer, the receiving staff will review any previous screening regarding sexually abusive behavior or sexual victimization and make a recommendation for placement and mental health services if needed.
(D) In cases of youth-on-youth sexual abuse, the alleged perpetrator will be separated from the alleged victim pending the outcome of the investigation.
(3) Medical Services.
(A) When referred by the TYC Office of Inspector General or local law enforcement, a victim of sexually abusive penetration will be transported immediately to a hospital, clinic, emergency room, or infirmary which can provide for medical examination by a Sexual Assault Nurse Examiner (SANE) or equally qualified medical personnel.
(B) A victim of any type of sexual abuse will:
(i) receive a mental health assessment as soon as possible;
(ii) receive a medical assessment as soon as possible;
(iii) be provided protective housing as needed; and/or
(iv) be provided emergency counseling to include independent certified rape crisis counseling, if desired by the victim.
(4) Mental Health Services.
(A) If a mental health provider (MHP), as defined in §91.87 of this title (relating to Suicide Alert Explanation of Terms), determines that a youth needs mental health services, the MHP must notify the appropriate staff of his/her recommendation.
(B) Upon notification of the MHP's recommendation for continued mental health services, the appropriate staff will implement the recommendation(s) and document accordingly.
(i) Standards for Investigations. An investigation is conducted and documented in accordance with §93.33 of this title and/or TYC Office of Inspector General criminal investigation procedures whenever sexual abuse is alleged, is threatened, or occurs.
(j) Prevention Procedures.
(1) Upon admission to TYC or when a youth's residential placement changes, the youth shall be provided with information regarding sexual abuse including prevention/intervention, self-protection, reporting, medical treatment, and mental health counseling. During orientation, the sexual abuse information shall be communicated, verbally and in writing, in a language clearly understood by the youth.
(2) To prevent sexual abuse and provide a safe and secure environment, each TYC-operated or contracted residential facility will provide the highest level of supervision of youth to prevent sexual abuse through:
(A) a staff to youth ratio as required under applicable statute or contract provisions;
(B) surveillance equipment to aid staff in detecting inappropriate behavior; and
(C) a structural facility design that allows visual supervision of youth in areas such as shower and restroom areas, dormitories, education buildings, recreational areas, etc.
(k) Annual Audit and Certification.
(1) TYC's executive commissioner or designee will annually assess safety and compliance and develop action plans to achieve full compliance with PREA standards. The approved internal assessment will be posted for publication on the agency website and provided to appropriate legislative oversight committees.
(2) TYC's executive commissioner will certify that the agency is in full compliance or has established an action plan to enable full compliance with the Prison Rape Elimination Act standards based on the results from annual audits conducted by an independent auditor.
(l) Annual Reporting. The agency will participate in the annual surveys and any other ad hoc investigations conducted by the Bureau of Justice Statistics or its contractors/designees.
(m) Record Keeping. All case records associated with claims of sexual abuse, including incident reports, investigative reports, youth information, case disposition, medical and counseling evaluation findings, and recommendation for post-release treatment and/or counseling will be retained in accordance with the agency's record retention schedule.
(n) Training Requirements. All staff will receive annual training regarding the prevention and identification of sexual abuse.
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 August 4, 2008.
TRD-200804022
Richard Nedelkoff
Conservator
Texas Youth Commission
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 424-6475
CHAPTER 141. GENERAL PROVISIONS
SUBCHAPTER C. SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS
The Texas Board of Pardons and Paroles proposes an amendment to 37 TAC §141.60 concerning the submission and presentation of information to the parole panel. The purpose of the amendment is to clarify the review period for offenders who are eligible for parole review.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a method for submission and presentation of information and representation of offenders. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rule is proposed under §508.082 and §508.083, Government Code. Section 508.082 requires the board to adopt rules relating to the submission and presentation of information and arguments to the board, a parole panel, and the department for and in behalf of an inmate. Section 508.083 relates to representation of an inmate in a matter before the board or a parole panel.
No other statutes, articles or codes are affected by these amendments.
§141.60.Submission and Presentation of Information.
(a) Unless otherwise provided, information and arguments in support of an offender shall be in writing.
(b) Unless otherwise provided, all information and arguments in support of an offender's release shall be submitted to the Review and Release Processing Section-TDCJ, Austin, Texas.
(c) In the event that an offender's case is in the
review period, copies of all information and arguments in support
of an offender's release may be submitted to members of the parole
panel designated to consider the case. For this purpose, review period
shall mean a period greater than two [four]
months but less than six months prior to the month of the next scheduled review.
(d) For the purpose of Discretionary Mandatory Review, the review period shall mean a period greater than thirty days but less than seventy-five days prior to the projected release date.
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 August 4, 2008.
TRD-200804032
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
SUBCHAPTER A. FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP
37 TAC §§143.4, 143.11, 143.12
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §§143.4, 143.11, and 143.12 concerning full pardon and restoration of rights of citizenship. The amendments to §143.4 and §143.11 are proposed to update the statutory references contained within the rules. Section 143.12 is proposed to revise the contact for proof of application.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a method of applying for a full pardon and restoration of rights of citizenship. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that vest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.
No other statutes, articles or codes are affected by these amendments.
§143.4.Parolee Discharging Sentence.
Whenever any prisoner who has been paroled for an offense committed
on or before August 28, 1977, has complied with the rules and conditions
governing his parole until the end of the term to which he was sentenced,
and without a revocation of his parole, the board may report such
fact to the governor prior to the issuance of the final order of discharge.
The board may, at this time, recommend to the governor a full pardon
(Texas Constitution, Article IV, §11;
§508.119, Government Code [
Code of Criminal Procedure, Article 42.12, §24,
59th Legislature, Volume 2, Page 317, Chapter 722]).
§143.11.Request of Governor.
The board shall consider a recommendation for a full pardon
or request for restoration of firearm rights in any case upon the
request of the governor (§508.050, Government Code [
Texas Code of Criminal Procedure, Article 42.18, §18]).
§143.12.Restoration of Firearm Rights.
The board will consider recommending restoration of the right to receive, possess, bear, and transport in commerce a firearm only in extreme and unusual circumstances which prevent the applicant from gaining a livelihood, and only if the applicant:
(1) provides either proof of clearance by a previously granted full pardon or a request for such express restoration in a pending application for a full pardon from jurisdiction(s) of the relevant conviction(s); and
(2) provides proof of application under the United
States Code, Title 18, §925(c), for exemption, relief from disabilities
to the attorney general [secretary of the treasury],
and furnishes copies of all relevant applications and responses thereto
by the attorney general [secretary] including
any final actions by said attorney general [secretary].
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 August 4, 2008.
TRD-200804033
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
37 TAC §§143.21, 143.23, 143.24
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §§143.21, 143.23, and 143.24 concerning conditional pardons. The amendment to §143.21 is proposed to revise the board rule reference contained within the rule. Section 143.23 is proposed to remove the rule reference contained within the rule. Section 143.24 is proposed to update the statutory reference contained within the rule.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a method of applying for a conditional pardon. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under Article IV, §11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that vest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.
No other statutes, articles or codes are affected by these amendments.
§143.21.Definition.
A conditional pardon is a form of executive clemency which,
upon request, may be recommended by the board to the governor, except
in cases of treason or impeachment, and if granted, serves to release
the grantee from the conditions of his or her sentence and/or any
disabilities imposed by law thereby, subject to the conditions contained
in the clemency proclamation. A person released pursuant to the terms
of a conditional pardon is considered for the purposes of revocation
thereof to be an administrative releasee, §141.111 of this title
(relating to Definitions), and all such revocation proceedings are
governed by the sections for revocation of administrative release,
§§146.3 - 146.12 [§§145.41-145.55
] of this title (relating to Revocation of
Parole or Mandatory Supervision [
Administrative Release (Parole and Mandatory Supervision)]).
§143.23.Revocation of Conditional Pardon.
(a) A conditional pardon may be revoked if the terms and conditions of the clemency proclamation are breached. All such revocation proceedings shall be conducted in accordance with the sections applicable to an administrative releasee who is the subject of the revocation process.
(b) The [provisions of §145.41(a) of this
title (relating to Allegation of Violations: Review and Initial Disposition)
apply, except that the
] board or parole panel, on order of the
governor, is responsible for ordering the issuance of any warrant
upon being notified by the Pardons and Paroles Division that a violation
has occurred. The warrant shall issue to appropriate law enforcement
authorities, authorizing any sheriff, peace officer, or other addressee
named therein to arrest and hold the named releasee until further
order of the governor or the board or until such time as he may be
placed in the custody of an agent of the Texas Department of Criminal
Justice Institutional Division, or until further order of the governor
or the board.
§143.24.Request of Governor.
The board shall consider a recommendation for conditional pardon
in any case upon the request of the governor (§508.050,
Government Code [Texas Code of Criminal Procedure, Article
42.18, §18]).
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 August 4, 2008.
TRD-200804034
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §143.52 and §143.58 concerning commutation of sentences. The amendments to §143.52 and §143.58 are proposed to update the statutory references contained within the rules.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a method of applying for a commutation of sentence. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that vest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.
No other statutes, articles or codes are affected by these amendments.
§143.52.Commutation of Sentence, Felony, or Misdemeanor.
(a) The board will consider recommending to the governor a commutation of sentence upon a request accompanied by the written recommendation of a majority of the trial officials.
(b) If the convicted person has the recommendation
of two of the trial officials and no written communication is received
from third trial official, the board shall give the remaining trial
official at least 10 days notice that such a clemency recommendation
is being considered by the board (§508.050, Government Code [
Texas Code of Criminal Procedure, Article 42.18, §8(i)]).
(c) In cases tried prior to the tenure of the present office-holders, the recommendation of persons holding such offices at the time of the trial of the case may be used to bolster and support the recommendation of the present trial officials, if in compliance with the requirements of subsection (d) of this section.
(d) The requirements of a recommendation of trial officials for commutation of sentence must include the following:
(1) a statement that the penalty now appears to be excessive;
(2) a recommendation of a definite term now considered by the officials as just and proper; and
(3) a statement of the reasons for the recommendation based upon facts directly related to the facts of the cases and in existence, but not available to, the court or jury at the time of the trial, or a statutory change in penalty for the crime which would appear to make the original penalty excessive.
(e) If the convicted person is not confined in the Texas Department of Corrections, a certified copy of the judgment and sentence must be furnished.
§143.58.Request of the Governor.
The board shall investigate and consider a recommendation of
commutation of sentence in any case, upon the written request of the
governor (§508.050, Government Code [Texas Code
of Criminal Procedure, Article 42.18, §18]).
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 August 4, 2008.
TRD-200804036
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
The Texas Board of Pardons and Paroles proposes an amendment to 37 TAC §143.74 concerning remission of fines and forfeitures. The amendment to §143.74 is proposed to update the statutory reference contained within the rule.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a procedure for applying for remission of fines and forfeitures. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rule is proposed under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that vest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.
No other statutes, articles or codes are affected by these amendments.
§143.74.Request of Governor.
The board shall consider a recommendation for remission of
fine or forfeiture in any case upon the request of the governor (
§508.050, Government Code [
Texas Code of Criminal Procedure, Article 42.18, §18]).
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 August 4, 2008.
TRD-200804037
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
SUBCHAPTER A. PAROLE PROCESS
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §145.12 and §145.17 concerning the parole process. The amendment to §145.12 is proposed to add the statutory reference to the rule. Section 145.17 is proposed to clarify the procedures regarding subsequent reviews of parole panel votes to deny release to parole or mandatory supervision.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide procedures related to the parole review process. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under §§508.036, 508.0441, and 508.141, Government Code. Section 508.036 provides the board with the authority to adopt rules relating to the decision-making processess used by the board and parole panels. Section 508.0441 provides the board with the authority to adopt reasonable rules as proper or necessary relating to the eligibility of an inmate for release on parole or release to mandatory supervision. Section 508.141 provides the board authority to adopt policy establishing the date on which the board may reconsider for release an inmate who has previously been denied release.
No other statutes, articles or codes are affected by these amendments.
§145.12.Action upon Review.
A case reviewed by a parole panel for parole consideration may be:
(1) - (4) (No change.)
(5) any person released to parole after completing a TDCJ treatment program as a prerequisite for parole, must participate in and complete any required post-release program. A parole panel shall require as a condition of release on parole or release to mandatory supervision that an offender who immediately before release is a participant in the program established under §501.0931, Government Code, participate as a releasee in a drug or alcohol abuse continuum of care treatment program;
(6) (No change.)
§145.17.Action upon Special Review--Release Denied.
(a) - (e) (No change.)
(f) Requests for special review shall be considered in the following circumstances:
[(1) a parole panel denied
release to parole or mandatory supervision and a parole panel member
who voted with the majority on that panel desires to have the decision
reconsidered prior to the next review (NR) date; or]
(1) [(2)] a written request on
behalf of an offender is received which cites information not previously
available to the parole panel; or[.]
(2) a parole panel denied release to parole or mandatory supervision and a parole panel member who voted with the majority on that panel desires to have the decision reconsidered prior to the next review (NR) date; or
(3) if both parole panel members who voted
with the majority are no longer active board members or parole commissioners,
[and] the presiding officer (chair) places the
case [decision
] in the special review process to be reconsidered prior to the NR date.
(g) - (j) (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 August 4, 2008.
TRD-200804039
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §145.23 and §145.24 concerning terms and conditions of parole. The amendments to §145.23 and §145.24 are proposed to update the statutory references contained within the rules.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a requirement for offenders to abide by the terms and conditions of parole for Texas offenders in other states and out of state offenders in Texas. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under §508.036 and §508.044, Government Code. Section 508.036 authorizes the board to promulgate rules relating to the board's decision-making processes, and §508.044, Government Code, provides the board with the authority to adopt rules relating to the eligibility of an inmate for release on parole or mandatory supervision.
No other statutes, articles or codes are affected by these amendments.
§145.23.Texas Parolees Supervised in Other States.
Texas parolees accepted for supervision in other states under
the terms of the Interstate Parole Compact (Chapter 510, Government
Code [Texas Code of Criminal Procedure, Article 42.11])
are required to abide by both the rules of parole for Texas as set
forth in §145.22 of this title (relating to Terms and Conditions
of Parole) and the rules of parole of the receiving state.
§145.24.Out-of-State Parolees Supervised in Texas.
Parolees from outside the State of Texas accepted in Texas
for supervision by the Division of Parole Supervision under the terms
of the Interstate Parole Compact (Chapter 510, Government Code [
Code of Criminal Procedure, Article 42.11]) are required to
abide by both the rules of parole for Texas parolees as set forth
in §145.22 of this title (relating to Terms and Conditions of
Parole) and the rules of parole of the sending state.
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 August 4, 2008.
TRD-200804041
Bettie Wells
General Counsel
Texas Board of Pardons and Parole
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §146.6 and §146.8 concerning revocation of parole or mandatory supervision. The amendments to §146.6 and §146.8 are proposed to update the statutory references contained within the rules.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a procedure for scheduling preliminary or revocation hearings. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under §§508.0441, 508.045, 508.281, and 508.283, Government Code. Section 508.0441 vests the Board with the authority to determine the continuation, modification, and revocation of parole or mandatory supervision. Section 508.045 provides parole panels with the authority to grant, deny, or revoke parole, or revoke mandatory supervision. Sections 508.281 and 508.283 relate to hearings to determine violations of the releasee's parole or mandatory supervision.
No other statutes, articles or codes are affected by these amendments.
§146.6.Scheduling of Preliminary Hearing.
(a) - (c) (No change.)
(d) Subsection (a)(1) of this section does not apply when a releasee is:
(1) transferred under §508.2811, Government Code [
Article 42.18, §13A], to a correctional
facility operated by or under contract with the department; or
(2) (No change.)
(e) (No change.)
§146.8.Scheduling of Revocation Hearings.
(a) - (c) (No change.)
(d) Subsection (b)(1) of this section does not apply when a releasee is:
(1) transferred under §508.281, Government Code [
Article 42.18, §13A], to a correctional
facility operated by or under contract with the department; or
(2) (No change.)
(e) - (f) (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 August 4, 2008.
TRD-200804042
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
SUBCHAPTER A. RULES AND CONDITIONS OF MANDATORY SUPERVISION
The Texas Board of Pardons and Paroles proposes an amendment to 37 TAC §149.3 concerning rules and conditions of mandatory supervision. The amendment to §149.3 is proposed to update the statutory reference contained within the rule.
Rissie Owens, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a requirement for offenders to abide by the terms and conditions of mandatory supervision imposed by a parole panel. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rule is proposed under §508.036 and §508.044, Government Code. Section 508.036 authorizes the board to promulgate rules relating to the board's decision-making processes, and §508.044, Government Code, provides the board with the authority to adopt rules relating to the eligibility of an inmate for release on parole or mandatory supervision.
No other statutes, articles or codes are affected by these amendments.
§149.3.Texas Mandatory Supervision Offenders Supervised in Other States.
Texas mandatory supervision offenders accepted for supervision
in other states under the terms of the Interstate Parole Compact (
§508.318, Government Code [
Texas Code of Criminal Procedure, Article 42.11
]) shall adhere to the conditions and rules of supervision
for Texas and the receiving state.
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 August 4, 2008.
TRD-200804043
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 406-5388
Chapter 425. FIRE SERVICE INSTRUCTORS
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 425, Fire Service Instructors, §425.3, Minimum Standards for Fire Service Instructor I Certification. The purpose of this proposed amendment in conjunction with the concurrently proposed amendments to §§425.5, 425.7, and 425.11 is to correct the numbering system so that the relative importance of the minimum standards for Fire Service Instructors I, II, and III is correctly referenced and more notable and to fix the applicable dates for equivalent training, and to update the prior certification date for the granting of IFSAC seals to persons who held Instructor I, II, and III certifications prior to March 1, 2006.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendment is in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, an expected public benefit of enforcing the amendments is use of enforcement. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with this proposed amendment.
Comments regarding this proposed amendment may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.008, which provides the Commission the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, §419.021.
§425.3.Minimum Standards for Fire Service Instructor I Certification.
(a) In order to become certified as a Fire Service Instructor I an individual must:
(1) have a minimum of three years of experience (as defined in §421.5(43) of this title) in fire protection in one or more or any combination of the following:
(A) a paid, volunteer, or regulated non-governmental fire department; or
(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and
(2) [(i)] possess valid documentation
of accreditation from the International Fire Service Accreditation
Congress (IFSAC) as a Fire Instructor I or II or III; or
(3) [(ii)] have completed the
appropriate curriculum for Fire Service Instructor I contained in
Chapter 8 of the Commission's Certification Curriculum Manual, or
meet the equivalence as specified in §425.1(d) of this title; and
(4) [(iii)] successfully pass
the applicable Commission examination as specified in Chapter 439
of this title; and
(5) [(2)] have completed the
field examiner orientation course as specified in Chapter 439 of this title.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 31, 2008.
TRD-200803992
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 425, Fire Service Instructors, §425.5, Minimum Standards for Fire Service Instructor II Certification. The purpose of this proposed amendment in conjunction with the concurrently proposed amendments to §§425.3, 425.7 and 425.11 is to correct the numbering system so that the relative importance of the minimum standards for Fire Service Instructors I, II, and III is correctly referenced and to fix the applicable date for equivalent training for the granting of IFSAC seals to persons who held Instructor I, II, and III certifications prior to March 1, 2006.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendment is in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, an expected public benefit of enforcing the amendments is use of enforcement. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with this proposed amendment.
Comments regarding this proposed amendment may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, §419.021.
§425.5.Minimum Standards for Fire Service Instructor II Certification.
(a) In order to become certified as a Fire Service Instructor II, an individual must:
(1) hold as a prerequisite a Fire Instructor I certification as defined in §425.3 of this title; and
(2) have a minimum of three years of experience (as defined in §421.5(43) of this title) in fire protection in one or more or any combination of the following:
(A) a paid, volunteer, or regulated non-governmental fire department; or
(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and
(3) [(i)] possess valid documentation
of accreditation from the International Fire Service Accreditation
Congress (IFSAC) as a Fire Instructor II, or III; or
(4) [(ii)] have completed the
appropriate curriculum for Fire Service Instructor II contained in
Chapter 8 of the Commission's Certification Curriculum Manual, or
meet the equivalence as specified in §425.1(d) of this title; and
(5) [(iii)] successfully pass
the applicable Commission examination as specified in Chapter 439
of this title.
(b) (No change)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 31, 2008.
TRD-200803993
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 425, Fire Service Instructors, §425.7, Minimum Standards for Fire Service Instructor III Certification. The purpose of this proposed amendment in conjunction with the concurrently proposed amendments to §§425.3, 425.5, and 425.11 is to correct the numbering system so that the relative importance of the minimum standards for Fire Service Instructors I, II, and III is correctly referenced and to fix the applicable date for equivalent training for the granting of IFSAC seals to persons who held Instructor I, II, and III certifications prior to March 1, 2006.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendment is in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, an expected public benefit of enforcing the amendments is use of enforcement. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with this proposed amendment.
Comments regarding this proposed amendment may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, §419.021.
§425.7.Minimum Standards for Fire Service Instructor III Certification.
(a) In order to become certified as a Fire Service Instructor III an individual must:
(1) hold as a prerequisite, a Fire Instructor II Certification as defined in §425.5 of this title; and
(2) have a minimum of three years of experience (as defined in §421.5(43) of this title) in fire protection in one or more or any combination of the following:
(A) a paid, volunteer, or regulated non-governmental fire department; or
(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and
(3) [(i)] possess valid documentation
of accreditation from the International Fire Service Accreditation
Congress (IFSAC) as a Fire Instructor III; or
(4) [(ii)] have completed the
appropriate curriculum for Fire Service Instructor III contained in
Chapter 8 of the Commission's Certification Curriculum Manual, or
meet the equivalence as specified in §425.1(d) of this title; and
(5) [(iii)] successfully pass
the applicable Commission examination as specified in Chapter 439
of this title; and either
(A) [(I)] hold as a prerequisite
an advanced structural fire protection personnel certification, an
advanced aircraft fire protection personnel certification, advanced
marine fire protection personnel certification, advanced inspector
certification, advanced fire investigator, or advanced arson investigator
certification; or
(B) [(II)] have 60 college hours
from a regionally accredited educational institution; or
(C) [(III)] hold an associate's
degree from a regionally accredited educational institution.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 31, 2008.
TRD-200803994
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 425, Fire Service Instructors, §425.11, International Fire Service Accreditation Congress Seal. The purpose of this proposed amendment in conjunction with the concurrently proposed amendments to §§425.3, 425.5, and 425.7 is to correct the numbering system so that the relative importance of the minimum standards for Fire Service Instructors I, II, and III is correctly referenced and to fix the applicable date for equivalent training for the granting of IFSAC seals to persons who held Instructor I, II, and III certifications prior to March 1 2006.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendment is in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, an expected public benefit of enforcing the amendments is use of enforcement. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with this proposed amendment.
Comments regarding this proposed amendment may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, §419.021.
§425.11.International Fire Service Accreditation Congress Seal.
(a) Individuals who held an equivalent Instructor I certification prior to March 1, 2006 or individuals completing a Commission-approved Fire Service Instructor I training program and passing the applicable state examination after the effective date of this chapter, may be granted an IFSAC seal for Instructor I by making application to the Commission and paying the applicable fee.
(b) Individuals who held an equivalent Instructor II certification prior to March 1, 2006 or individuals holding an IFSAC Instructor I certification, completing a Commission-approved Fire Service Instructor II training program, and passing the applicable state examination after the effective date of this chapter, may be granted an IFSAC seal for Instructor II by making application to the Commission and paying the applicable fee.
(c) Individuals who held an equivalent Instructor III certification prior to March 1, 2006 or individuals holding an IFSAC Instructor II certification, completing a Commission-approved Fire Service Instructor III training program, and passing the applicable state examination after the effective date of this chapter, may be granted an IFSAC seal for Instructor III by making application to the Commission and paying the applicable fee.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 31, 2008.
TRD-200803995
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 14, 2008
For further information, please call: (512) 936-3838