EMERGENCY RULESAn 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 85.Admission and Placement
SUBCHAPTER B.Placement Planning
37 TAC sec.85.29
Texas Youth Commission (TYC) adopts on an emergency basis the repeal of 
sec.85.29 concerning program completion and movement. The section is being 
repealed to allow for the emergency adoption of a new section which will 
implement requirements in House Bill 1550, applicable sections passed by the 
75th Legislative Session, and effective on June 19, 1997. 
The repeal is adopted on an emergency basis to implement requirements in House 
Bill 1550, applicable sections passed by the 75th Legislative Session, and 
effective on June 19, 1997. 
The repeal is adopted on an emergency basis under the Human Resources Code, 
sec.61.077 which provides the Texas Youth Commission authority to discharge 
children with mental illness or mental retardation and sec.61.0772, which 
provides the Texas Youth Commission authority to examine youth before discharge. 
The repeal implements the Human Resource Code, sec.61.034.  
sec.85.29.Program Completion and Movement.
Issued in Austin, Texas, on July 28, 1997. 
TRD-9709778
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: August 1, 1997
Expiration date: December 1, 1997
For further information, please call: (512) 424-6244

Texas Youth Commission (TYC) adopts on an emergency basis new sec.85.29, 
concerning program completion and movement. The section provides criteria and 
procedures whereby the agency will move youth in custody from their assigned 
placement to a placement of more or less restriction. This current section is 
being repealed and published as new to make several language adjustments to 
include criteria for discharging from custody a youth who is mentally ill or 
mentally retarded if the youth has completed the minimum length of stay and is 
unable to progress in the Commission's rehabilitation programs because of the 
youth's mental illness or mental retardation. Certain other youth may be 
transferred to TYC placement of less restriction than the TYC placement to which 
they are currently assigned under criteria herein. 
The section is adopted on an emergency basis to implement requirements in House 
Bill 1550, applicable sections passed by the 75th Legislative Session, and 
effective on June 19, 1997. 
The section is adopted on an emergency basis under the Human Resources Code, 
sec.61.077 which provides the Texas Youth Commission authority to discharge 
children with mental illness or mental retardation and sec.61.0772, which 
provides the Texas Youth Commission authority to examine youth before discharge. 
The adopted rule implements the Human Resource Code, sec.61.034.  

sec.85.29. Program Completion and Movement.
(a) Purpose. The purpose of this rule is to provide criteria and a process 
whereby staff may determine when a youth including a sentenced offender has 
completed a program, is eligible to be moved to another program, released home, 
placed on parole status, or be transferred to the Department of Criminal 
Justice. 
(b) Applicability. 
(1) This rule does not address all types of disciplinary movements. See Chapter 
95, Subchapter A of this title (relating to on Disciplinary Practices).
(2) Additional procedures and restrictions are applied prior to any movement of 
a sentenced offender youth. See (GAP), sec.85.37 of this title (relating to 
Sentenced Offender Disposition). 
(3) This rule does not apply to movement for strictly treatment reasons. 
(c) Explanation of Terms Used. 
(1) Program completion criteria - all of the criteria which a youth must meet 
while in the current program in order to move to an equal or lesser level of 
restriction. 
(2) Disciplinary movement - a movement to equal or more restriction as a 
disciplinary consequence if found during appropriate due process. A disciplinary 
movement may or may not be accompanied by a new minimum length of stay 
requirement. There are several types of disciplinary movement consequences. 
These movements are subject to policies in this chapter and in Chapter 95, 
Subchapter A of this title (relating to Disciplinary Practices). For restriction 
levels see (GAP), sec.85.27 of this title (relating to Program Restriction 
Levels). 
(3) Administrative transfer - a lateral movement, i.e., a movement from one 
program to another program within the same restriction level for an 
administrative purpose. Purposes may include but are not limited to proximity to 
a youth's home, specific treatment needed becomes available, appropriateness of 
placement due to education needs, age, etc. 
(4) Transition movement - also referred to as "a transition", any movement from 
one assigned program site to another as a result of a youth's progress toward 
meeting the program completion criteria of his/her program. Transition is always 
to placement of equal or less restriction than that of the current placement. 
Transition is not type of placement or a status. 
(5) Parole Status - a status assigned to a youth when criteria have been met. 
The status assures that a youth, having parole status, shall not be moved into a 
placement of high restriction without a level I hearing. A youth either earns 
parole status or is granted parole status under specific conditions. 
(6) High risk offense - any major rule violation which may result in a 
classification other than general offender or violator of CINS probation. 
(d) Program Completion Processes. 
(1) Program staff will explain completion criteria to every youth during 
orientation to each placement. 
(2) Prior to a transition movement, a youth may request and in doing so will be 
granted a level II hearing. 
(3) TYC shall not accept the presence of a detainer as an automatic bar to 
earned release. The agency shall release a youth to authorities pursuant to a 
warrant. 
(4) Progress toward successful completion of criteria shall be evaluated at 
specific regular intervals. 
(5) TYC program staff where the youth is assigned shall determine when criteria 
have been met. 
(6) When criteria have been met, a youth shall be eligible for movement to an 
equal or less restrictive placement. 
(e) Program Completion Criteria and Movement. 
(1) High Restriction Program Completion Criteria. 
(A) A youth in high restriction will be eligible for transition to medium 
restriction when the following criteria have been met: 
(i) completion of minimum length of stay except three months; and 
(ii) completion of required Individual Case Plan (ICP) objectives; and 
(iii) completion of phase three resocialization goals (for youth classified on 
or after January 1, 1996), (not applicable to youth in contract placements); and 
(iv) no major violation of rules of conduct within 30 days prior to the 
transition review. 
(B) A youth who is transitioned under these criteria has not earned and shall 
not be on parole status. A youth transitioned may be returned to high 
restriction through a level II due process hearing at any time prior to 
attaining parole status. After attaining parole, the youth shall not be returned 
to high restriction except through a level I due process hearing.
(2) Residential Programs Completion Criteria. 
(A) A youth in any residential program will be eligible for transition to 
minimum or home level restriction when the following criteria have been met: 
(i) completion of the minimum length of stay; and 
(ii) completion of required Individual Case Plan (ICP) objectives; and 
(iii) completion of phase four resocialization goals (for youth classified on or 
after January 1, 1996), (not applicable to youth in contract placements); and 
(iv) no major violations of rules of conduct within 30 days:
(I) prior to the case review to determine eligibility for parole release; and 
(II) prior to the actual release. 
(B) A youth who is transitioned under these criteria has earned and shall be on 
parole status and thus shall not be returned to a high restriction program 
except through a level I due process hearing to revoke parole status.
(f) Parole Status. 
(1) Parole status shall be earned by the youth when he is deemed to have 
completed residential programs completion criteria, subsection (e)(2)(A) of this 
section. When a youth has earned parole status and transition to minimum or home 
restriction level placement is pending, he attains parole status in the current 
program prior to the transition, unless he is in a high restriction program, in 
which case, he attains parole status on leaving the facility. 
(2) Parole status shall be granted to the youth, if not previously earned, at 
completion of six consecutive months in medium restriction program(s) even if 
criteria to earn parole has not been met. 
(3) Sentenced Offenders shall not attain parole at any time prior to completion 
of serving their minimum period of confinement unless approved by the committing 
court. See subsection (h) of this section. 
(g) Movement Without Program Completion. 
(1) Administrative Transfer Movements. Administrative transfer movements may be 
made among programs of equal restrictions without a due process hearing. An 
administrative movement shall not be made in lieu of a movement for which a due 
process hearing is mandatory. 
(2) Exceptions in Hardship Cases. Youth may be placed on parole status at home 
without meeting completion criteria in hardship cases on the recommendation by 
parole officer and approval by the deputy executive director. 
(3) Exceptions to Control Population. The deputy executive director may develop 
or approve youth movement options when necessary to control population and/or 
manage available funds concerning youth in residential placement. 
(4) Exceptions for Mentally Ill and Mentally Retarded Youth. Certain youth who 
have completed their minimum lengths of stay or minimum periods of confinement 
(for sentenced offenders) and are unable to derive further benefit from the 
agency's rehabilitation programs because of mental illness or mental 
retardation, shall be transferred to a placement of less restriction. See (GAP) 
sec.87.77 of this title (relating to Early Transition of Mentally Ill and 
Mentally Retarded Youth). 
(h) Sentenced Offenders. Due to the nature of determinate sentences, some rules 
governing the classification, placement, release, transition, parole status, and 
disciplinary movement of sentenced offenders must be applied differently, 
specifically: 
(1) Classification. A youth classified at commitment as a sentenced offender 
shall retain that classification as long as the youth remains under the 
jurisdiction of TYC as a result of that commitment. See (GAP) sec.85.23 of this 
title (relating to Classification). 
(2) Initial Placement. All sentenced offenders shall be assigned to high 
restriction perimeter-secure facilities unless the deputy executive director 
waives such placement for a particular youth. 
(3) Youth sentenced to commitment in the Texas Youth Commission (TYC) for 
offenses committed on or after January 1, 1996. 
(A) Requirements. 
(i) The minimum period of confinement is ten (10) years for youth sentenced for 
capital murder; three (3) years for youth sentenced for an aggravated controlled 
substance felony or a felony of the first degree; two (2) years for a felony of 
the second degree; one (1) year for a felony of the third degree; or completion 
of the sentence, whichever occurs first.
(ii) Sentenced offenders shall serve the entire minimum period of confinement 
applicable to the youth's classifying offense in a high restriction facility 
unless moved earlier under legal requirements or options available.
(iii) In accordance with law, prior to a sentenced offender's completion of the 
minimum period of confinement applicable to the youth's classifying offense, TYC 
may request a hearing by the juvenile court to obtain approval for release home 
on TYC parole. 
(I) TYC will not consider requesting such a hearing for a youth who is sentenced 
for capital murder unless he or she has completed at least three years in a high 
restriction placement. 
(II) TYC may consider requesting a hearing for a youth who has participated and 
successfully completed a specialized treatment program (as evidenced by 
completion of all ICP objectives and all resocialization goals) and has not 
reached age 19. 
(iv) Following a sentenced offender's completion of the minimum period of 
confinement, the youth shall be governed rules for the classification the youth 
would have received if not a sentenced offender. 
(v) TYC jurisdiction shall be terminated and a sentenced offender discharged 
when his/her sentence is complete. All movement and transfer options occur prior 
to completion of sentence. 
(B) Transfer From TYC High Restriction To TDCJ, Institution. Transfer from a 
high restriction facility to the Texas Department of Criminal Justice, 
Institutional Division (TDCJ, ID) may occur as follows. 
(i) A transfer shall be automatic for a youth at age 21 who:
(I) was sentenced for capital murder; and 
(II) has not completed the minimum period of confinement applicable to the 
youth's classifying offense (10 years) or the sentence if less than 10 years. 
(ii) A transfer shall occur if ordered by the juvenile court. TYC may request a 
juvenile court hearing for a youth whose parole has been revoked and the 
following criteria have been met. 
(I) youth is at least age 16; and 
(II) youth's parole was revoked for: 
(-a-) felony, Class A misdemeanor, or a high risk offense; or 
(-b-) any other violation which resulted in placement in an intermediate 
sanction program at which the youth has failed to progress; and 
(III) youth has not completed his/her sentence; and 
(IV) youth's conduct indicates that the welfare of the community require the 
transfer; and 
(V) the superintendent or quality assurance administrator recommends the 
transfer; and 
(VI) deputy executive director approves recommendation. 
(iii) A transfer shall occur if ordered by the juvenile court. TYC may request a 
juvenile court hearing for any other youth if the following criteria have been 
met: 
(I) youth is at least age 16; and 
(II) youth has spent at least six months in a high restriction facility; and 
(III) youth has not completed his/her sentence; and 
(IV) has met at least one of the following behavior criteria:
(-a-) youth has committed a felony or Class A misdemeanor; or 
(-b-) youth persistently has committed major rule violations (on three or more 
occasions); or  
(-c-) youth has engaged in chronic disruption of program (five security 
admissions or extensions in one month or ten in three months); or
(-d-) youth has demonstrated an inability to progress in his/her resocialization 
program due to persistent non compliance with treatment objectives; and 
(V) alternative interventions have been tried without success (for example: 
special treatment plans, disciplinary transfer, extended stay); and 
(VI) youth's conduct indicates that the welfare of the community requires the 
transfer; and 
(VII) the superintendent or quality assurance administrator recommends transfer; 
and 
(VII) the deputy executive director approves recommendation.
(C) Transfer From TYC High Restriction To TDCJ, Pardons and Parole. Transfer 
from a high restriction facility to the Texas Department of Criminal Justice, 
Pardons and Paroles (TDCJ, PP), shall be automatic:
(i) at any time after age 19 that a youth has completed the minimum period of 
confinement applicable to the youth's classifying offense and TYC releases the 
youth. 
(ii) at age 21 if youth was sentenced for any offense other than capital murder 
and has not completed the sentence. 
(D) Transfer From TYC Home Parole To TDCJ, Pardons and Parole. Transfer from TYC 
under supervision (parole at home) to the Texas Department of Criminal Justice, 
Pardons and Paroles (TDCJ, PP), shall be automatic at age 21 if the youth has 
not completed his sentence. 
(4) Youth sentenced to commitment in TYC for offenses committed before January 
1, 1996. 
(A) Movement and Parole. Sentenced offenders who meet program completion 
criteria for transition or parole shall not be released without proper 
authorization: 
(i) Prior to a sentenced offender's 18th birthday, a youth may be transitioned 
to an appropriate placement if approved by the superintendent or quality 
assurance administrator. The placement may be to any location other than home or 
home substitute. 
(ii) When a juvenile court orders that a sentenced offender be released under 
supervision, the youth shall be transitioned or paroled, as appropriate to the 
youth's progress at the time of the court's order.
(iii) When the juvenile court orders that a sentenced offender be recommitted to 
TYC without a determinate sentence, the youth's eligibility for release on 
parole or transition shall be governed by the release criteria and procedures 
for the classification the youth would have received if not a sentenced 
offender. 
(B) Disciplinary Movement. A sentenced offender may be assigned to any 
appropriate placement, including a high restriction facility, following a 
disciplinary hearing. The appropriate placement will be selected according to 
the totality of the circumstances, including the youth's age, sentencing 
offense, length of time and progress in TYC custody, and the nature of the 
misconduct for which the youth is being disciplined. 
(C) Movement Exceptions. Sentenced offenders may be considered for release under 
a hardship condition only if: 
(i) the youth is less than 18 years of age and the release is approved by the 
committing court; or 
(ii) the youth is 18 years of age or older and meets the exception criteria for 
the classification the youth would have received if not a sentenced offender. 
(i) Notification. Parents or guardians will be notified of all movements. 
Issued in Austin, Texas, on July 28, 1997.
TRD-9709779
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: August 1, 1997
Expiration date: December 1, 1997
For further information, please call: (512) 424-6244