PART 3. TEXAS YOUTH COMMISSION
CHAPTER 85. ADMISSION, PLACEMENT, AND PROGRAM COMPLETION
SUBCHAPTER B. PLACEMENT PLANNING
The Texas Youth Commission adopts an amendment to §85.25, concerning Minimum Length of Stay/Minimum Period of Confinement, with changes to the proposed text as published in the November 21, 2008, issue of the Texas Register (33 TexReg 9445). Changes to the proposed text consist of a minor change to subsection (i)(1) in order to allow for greater flexibility in the methods by which a petition to reduce a youth's assigned minimum length of stay may reach the Executive Commissioner.
The justification for amending the rule is providing for a minimum length of stay that is more directly associated with a youth's rehabilitation needs and protection of the public. The amended rule establishes a minimum length of stay assignment system that accounts for the severity of the committing offense, as well as certain criminogenic factors in a youth's history that address the danger posed to the community. The minimum length of stay will no longer be determined solely by the youth's committing offense.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.062, which requires the commission to consider the nature and seriousness of the conduct engaged in by the child and the danger the child poses to the community when establishing the minimum length of stay.
§85.25.Minimum Length of Stay/Minimum Period of Confinement.
(a) Purpose. This rule establishes a minimum period of time youth will spend in high or medium restriction placements.
(b) Applicability.
(1) This policy applies only to:
(A) youth who are committed to the Texas Youth Commission (TYC) on or after February 1, 2009; and
(B) youth whose parole is revoked on or after February 1, 2009, regardless of the commitment date.
(2) Youth who were committed to TYC and/or whose parole was revoked prior to February 1, 2009 remain subject to provisions of this rule in effect at the time of the commitment or revocation.
(c) Definitions.
(1) Assessment Rating Level--a score derived from evidence-based criminogenic factors in a youth's history used to assess the danger a youth poses to the community.
(2) Committing Offense--the offense on which the initial minimum length of stay assessment is based. It is the most serious of the relevant offenses found at the youth's commitment proceeding and any probated offense(s) modified by the commitment order.
(3) Federal Offenses--youth who have committed federal offenses and are sent to TYC by federal courts. If a committing offense is a violation of a federal statute, the offense will be treated as a violation of a state statute which prohibits the same conduct as the relevant federal offense.
(4) Minimum Length of Stay--the predetermined minimum period of time established by TYC that a youth will be assigned to live in a high or medium restriction placement.
(5) Minimum Period of Confinement--the predetermined minimum period of time established by law that a youth committed to TYC on a determinate sentence must remain confined in a high restriction placement.
(6) Most Serious Relevant Offense--the offense that carries the most severe consequences which are, from most to least severe:
(A) an offense which carries a determinate sentence;
(B) the offense for which the designated minimum length of stay will produce the longest time in the physical custody of TYC;
(C) the offense which requires the highest level of restriction in placement;
(D) the offense which carries the most severe criminal penalty; and
(E) the most recently adjudicated offense.
(7) Revocation Offense--the offense on which a youth's minimum length of stay is based following a parole revocation hearing. It is the most serious of the relevant offenses found at a parole revocation hearing.
(8) Sentenced Offender--a youth sent to TYC under the provisions of the Determinate Sentence Act, as codified by the Texas Family Code.
(9) Severity of Offense--the degree of an offense as defined by the Texas Penal Code or relevant federal statute and any of the following applicable aggravating factors:
(A) sex offense as identified in §62.001 of the Texas Code of Criminal Procedure;
(B) felony against a person;
(C) possession or use of a firearm during the commission of the committing offense.
(d) Minimum Length of Stay.
(1) Minimum Length of Stay Assigned upon Commitment. The initial minimum length of stay applies only to non-sentenced offenders. The initial minimum length of stay is calculated based on the severity of the committing offense and an assessment of the danger the youth poses to the community.
(A) Youth whose committing offense is of high severity will be assigned the following minimum length of stay:
(i) 24 months, for youth with a high assessment rating level;
(ii) 18 months, for youth with a medium assessment rating level; or
(iii) 15 months, for youth with a low assessment rating level.
(B) Youth whose committing offense is of moderate severity will be assigned the following minimum length of stay:
(i) 15 months, for youth with a high assessment rating level;
(ii) 12 months, for youth with a medium assessment rating level; or
(iii) 12 months, for youth with a low assessment rating level.
(C) Youth whose committing offense is of low severity will be assigned the following minimum length of stay:
(i) 12 months, for youth with a high assessment rating level;
(ii) 9 months, for youth with a medium assessment rating level; or
(iii) 9 months, for youth with a low assessment rating level.
(2) Minimum Length of Stay Assigned upon Parole Revocation.
(A) A minimum length of stay may also be assigned by a TYC administrative law judge during a parole revocation hearing. This type of minimum length of stay may be assigned to sentenced offenders or non-sentenced offenders. The minimum length of stay will be based on the revocation offense proven at the hearing. Youth whose parole is revoked will be assigned the following minimum length of stay:
(i) 9 months, for youth found to have engaged in felony level conduct;
(ii) 6 months, for youth found to have broken a federal, state, or other law that is not a felony grade offense; or
(iii) 3 months, for youth found to have violated a condition of parole that is not also a violation of law.
(B) A designated minimum length of stay may be reduced by the administrative law judge if extenuating circumstances to the offense are found at the parole revocation hearing.
(e) Minimum Period of Confinement. The minimum period of confinement applies only to sentenced offenders. The minimum period of confinement is:
(1) ten years for youth sentenced for capital murder;
(2) three years for youth sentenced for an aggravated controlled substance felony or a felony of the first degree;
(3) two years for a felony of the second degree; and
(4) one year for a felony of the third degree.
(f) Creditable Time for Non-Sentenced Offenders.
(1) Upon admission, the minimum length of stay shall be counted from the first day a youth reaches any TYC operated or assigned facility.
(2) On recommitment, the minimum length of stay shall be counted from the first day a youth reaches any TYC operated or assigned facility, and shall run concurrently with any incomplete minimum length of stay requirements.
(A) A youth who is recommitted for the same conduct following an appeal of the original commitment shall be given credit toward completion of the new minimum length of stay for any time spent in TYC custody as a result of the original commitment; or
(B) A youth who is recommitted for the same conduct for which a Level I hearing has already been held shall be given credit toward completion of the new minimum length of stay for the time already served as a result of that hearing.
(3) After the count begins, all time spent in program, on furlough or in detention or jail (except as a disposition in a criminal case) will be counted toward meeting a minimum length of stay requirement.
(4) Time spent as an escapee from a TYC placement or time spent in jail or a court ordered placement in an adult correctional residential program as disposition in a criminal case shall not be counted toward meeting the minimum length of stay requirement.
(g) Creditable Time for Sentenced Offenders.
(1) For sentenced offenders committed prior to June 9, 2007, the minimum period of confinement shall be counted from the first day a youth reaches any TYC residential placement.
(2) For sentenced offenders committed on or after June 9, 2007, credit shall be granted toward completion of the minimum period of confinement for time spent in a secure detention facility in connection with the committing case prior to admission to TYC.
(3) Regardless of the date of commitment:
(A) once a youth reaches a TYC placement and is credited with any applicable time in detention, only time spent in a TYC residential placement shall be credited toward completion of the minimum period of confinement; and
(B) credit shall be granted toward completion of the sentence for time spent in a secure detention facility in connection with the committing case prior to admission to TYC.
(h) Concurrent Commitments. If a youth is committed to TYC under both determinate and indeterminate commitment orders, the determinate commitment order will have precedence.
(1) The minimum period of confinement and minimum length of stay will run concurrently. The youth will be managed as a sentenced offender until discharged from the determinate commitment.
(2) If a youth completes the determinate sentence prior to meeting discharge criteria for the indeterminate commitment, the youth will be:
(A) discharged from the determinate commitment;
(B) reassessed for rehabilitation needs under the indeterminate commitment; and
(C) required to serve any remaining minimum length of stay associated with the indeterminate commitment.
(i) Reductions to Minimum Length of stay.
(1) The minimum length of stay requirement may be reduced by the TYC executive commissioner when it is determined that the minimum length of stay is not justified because of the nature of the offense and offense history or when it is determined that the youth has made sufficient progress in treatment programs.
(2) Upon recommendation by the facility administrator, the division director over residential services may reduce a youth's minimum length of stay up to three months due to positive progress in treatment programs so long as the youth serves at least nine months in a residential placement.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 22, 2008.
TRD-200806671
Cheryln K. Townsend
Executive Commissioner
Texas Youth Commission
Effective date: February 1, 2009
Proposal publication date: November 21, 2008
For further information, please call: (512) 424-6014