EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Control 37 TAC sec.91.73 Texas Youth Commission (TYC) adopts on an emergency basis an amendment to sec.91.73, concerning resocialization program. Youth in TYC operated high restriction facilities who engage in activities which incite and cause major disruption and endangerment of staff and youth are often better served by placement in a highly structured treatment program. This section is adopted on an emergency basis to allow for qualified youth in high restriction facilities to be moved to the resocialization unit at Giddings State School to allow staff to gain control and youth to receive intensive treatment. The amendment is adopted on an emergency basis under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission authority to order confinement under conditions it believes best designed for the child's welfare and the interests of the public. sec.91.73. Resocialization Program. (a) Policy. The Texas Youth Commission [maximum security institution] operates a resocialization treatment
    program at the Giddings State School (GSS)
      [within the regular program. Youth classified as sentenced offenders or violent offenders who have intentionally exhibited aggressive, destructive, and assaultive behavior and have not responded to the treatment program may be eligible]. The program is highly restrictive and intensive and is operated [in an] on the Giddings State School
        campus in a
          unit separate from other units and campus activities. (b) Rules. (1) Admissions
            Criteria. (A) Youth eligible for the resocialization program are: (i)
              [(A)] Giddings State School youth classified as sentenced offenders or violent offenders who have intentionally exhibited aggressive, destructive, and assaultive behavior and have not responded to the treatment program; and whose
                [A youth's] immediate behavior [must] meets
                  [meet] one of the following [eligibility criteria]: (I)
                    [(i)] assault of TYC staff; (II)
                      [(ii)] one or more serious assaults on a student, resulting in bodily injury; (III)
                        [(iii)] willful destruction of property; or (IV)
                          [(iv)] escape with exacerbating circumstances, e.g.
                            [i.e.], aggravated assault, arson or possession of a weapon. (ii) Youth in any other TYC institution who, while in that placement, assaulted TYC staff causing serious bodily injury. (B) The admission decision is based on the following considerations: (i)-(iii) (No change.) (iv) sufficiency of other less restrictive interventions at this time; [and] (v) probability of success of the Giddings
                              Resocialization Program
                                (GRP); and (vi) amenability of treatment. (2) Admission Procedure. (A)
                                  [(C)] The fact-finding portion of the appropriate hearing, a level I hearing for non-GSS youth or
                                    a level II hearing for GSS youth,
                                      is held to determine the facts of the youth's behavior. (B) The Special Services Committee recommends that the youth be referred to the GRP, and the referral is approved or denied by the sending superintendent. (C) The GRP admission review staff submits a recommendation regarding admission to the superintendent or director of institutions as appropriate (see below). (D) Except as provided in subparagraph (E) of this paragraph admission approval by the GSS superintendent or assistant superintendent is required. (E) Youth in institutions other than GSS may be admitted with the approval of the director of institutions. [(D) Admission approval by superintendent or assistant superintendent is required.] (3)
                                        [(2)] Release. (A) Each youth remains in program for a minimum of 30 days and must successfully complete specific objectives. Reintegration is individual and graduated if youth is a GSS youth
                                          . (B) The resocialization program treatment team reviews progress weekly and determines when objectives have been met sufficiently to progress through levels and when release from the program has been earned. The team approves return to regular program or sending institution. (C) Progress reviews and reintegration of a youth back to the sending institution are coordinated by GRP staff and sending Special Services Committee. (4)
                                            [(3)] Program Requirements. Privileges afforded in the regular program may be restricted in the following areas: (A) Types of clothing worn may be controlled. Wearing of outdoor shoes may be limited to outdoor activity. (B) Visitation may be restricted to adult family members and attorneys. (C) Incoming calls may be restricted to those of parents or guardians and attorneys. Issued in Austin, Texas, on May 19, 1994. TRD-9441208 Steve Robinson Executive Director Texas Youth Commission Effective date: May 20, 1994 Expiration date: September 17, 1994 For further information, please call: (512) 483-5244