Part III.
Texas Youth Commission
Chapter 85.
Admission and Placement
Subchapter B. Placement Planning
37 TAC §85.21
The Texas Youth Commission (TYC) proposes an amendment to
§85.21, concerning program assignment system. The amendments to the section
will allow for adjustments in residential placement assignments of youth committed
to TYC. Adjustments are justified to ensure that youth are placed with consideration
to level of risk and level of security provided by each placement. Specifically,
youth classified as general offenders with medium risk level will be placed
in high restriction rather than medium restriction level on initial placement.
Youth classified as Violators of CINS Probation with a medium risk score will
be placed in high restriction facilities on initial placement (previously
omitted). A waiver is being amended to allow for placement assignment in a
specialized treatment medium restriction facility when the treatment is most
appropriate.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also 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 assurance of the most appropriate residential placement
for a youth considering safety of the public and treatment of the youth. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075,
concerning determination of treatment, which provides the Texas Youth Commission
with the authority to order the youth's confinement under conditions TYC believes
best for the youth's welfare and the interest of the public.
The proposed rule implements the Human Resource Code, §61.034.
§85.21.Program Assignment System.
(a)
Purpose. The purpose of this rule is to establish an objective,
equitable system of program assignment for each youth in TYC care. Based on
each youth's offense(s), and risk level, TYC has predetermined the most appropriate
level of restriction and minimum length of stay requirement for public protection
and for promotion of rehabilitation. Youth in coeducational facilities have
equal access to agency programs and activities.
(b)
Applicability.
(1)
For specifics regarding classification, see (GAP) §85.23
of this title (relating to Classification).
(2)
For specifics regarding minimum length of stay, see
(GAP) §85.25 of this title (relating to Minimum Length of Stay).
(3)
For specifics regarding restriction levels, see (GAP)
§85.27 of this title (relating to Program Restriction Levels).
(4)
For specifics regarding completion of program and
movement to another program, and for specifics on movement of sentenced offender
options, see (GAP) §85.29 of this title (relating to Program Completion
and Movement
of Other Than Sentenced Offenders) and (GAP) §85.33
of this title (relating to Program Completion and Movement of Sentenced Offenders)
.
(c)
Placement System Factors. The program placement system
shall incorporate the following factors.
(1)
Classification shall be determined by the classifying offense
and a finding regarding extenuating circumstances.
(2)
The minimum length of stay shall be designated by
the classification.
(3)
Risk shall be assessed and used as a guideline in
designating restriction level.
(4)
Placements shall be made according to restriction
and needs.
(A)
Initial placements will always be to residential programs,
[
(B)
A youth's assessed service needs will be considered in
the selection of a placement within the required level of restriction.
(d)
System Description. The determining factors result in the
following placement and length of stay determinations for all TYC youth on
initial commitment, for youth recommitted for the commission of a felony or
high risk offense, and for youth found at an administrative level I hearing
to have committed a felony or high risk offense.
(1)
A sentenced offender shall be sentenced by the court and,
regardless of risk level, assigned to a program of high restriction with a
fenced perimeter.
(2)
A type A violent offender shall be assigned a minimum
length of stay of 24 months, and with any risk level, assigned to a program
of high restriction with a fenced perimeter.
(3)
A type B violent offender shall be assigned a minimum
length of stay of 12 months, and with any risk level, assigned to a program
of high restriction.
(4)
A chronic serious offender, controlled substances
dealer, or firearms offender [
(5)
A general offender classified:
[
on or after January 1, 1996,]
shall be assigned a minimum length of stay of nine months, and with a:]
(A)
[
(B)
[
[
before January 1, 1996, shall
be assigned a minimum length of stay of six months, and with a:]
[
high risk level, assigned to a program of high
restriction;]
[
low or medium risk level, assigned to a program
of medium restriction.]
(6)
A Violator of Conduct Indicating a Need
for Supervision (CINS) Probation shall be assigned no minimum length of stay
, and with a:
(A)
high or medium risk level, assigned to
a program of high restriction;
(B)
low risk level, assigned to a program
of medium restriction.
(e)
Program Placement Responsibility. The centralized placement
unit shall be responsible for all specific program placement selections/assignments.
(f)
Waivers and Exceptions. Waivers and exceptions may be granted
under special circumstances.
(1)
A restriction level designation, except that of sentenced
offender or type A violent offender, may be waived by the director of centralized
placement unit or designee when a youth is qualified. A designated restriction
may be waived in order to provide specialized treatment
or when it is
determined that a youth is physically handicapped or has a special medical
condition,
[
(2)
Any placement designation except those of sentenced
offenders and type A violent offenders may be waived by the director of the
centralized placement unit or designee when population is at or above established
capacity.
(3)
For waiver of classification, see (GAP) §85.23
of this title (relating to Classification).
(4)
For movement for population control see (GAP) §85.29
of this title (relating to Program Completion and Movement).
(g)
Parent Notification. Parents/guardians shall be notified
of all placements.
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
April 9, 1999.
TRD-9902123
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 424-6244
37 TAC §85.25
The Texas Youth Commission (TYC) proposes an amendment to
§85.25, concerning minimum length of stay. The amendment to the section
will eliminate the language that makes certain provisions for youth classified
before January 1, 1996, as this information is no longer needed. Disciplinary
minimum lengths of stay may be assigned to youth as a disciplinary consequence
for certain behavior.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also 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 assurance of the most appropriate length of stay requirement
for a youth considering safety of the public. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the section as proposed. No private real property rights are
affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075,
concerning determination of treatment, which provides the Texas Youth Commission
with the authority to order the youth's confinement under conditions TYC believes
best for the youth's welfare and the interest of the public.
The proposed rule implements the Human Resource Code, §61.034.
§85.25.Minimum Length of Stay.
(a)
Purpose. The purpose of this rule is to establish by policy,
a minimum period of time a youth will spend in residential placements (high
or medium restriction) having reduced access to the public and which is based
on the most serious offense the youth committed. The maximum period of time
a youth may spend in residential placement is the total time until he/she
reaches age 21. Release from residential placement anytime prior to age 21
is based on the youth's successful completion of release criteria, one of
which is the minimum length of time set by the agency.
(b)
Applicability.
(1)
Except where specifically named, requirements herein do
not apply to sentenced offenders. See (GAP) §85.37 of this title (relating
to Sentenced Offender Disposition) for additional information. The Texas Youth
Commission (TYC) complies with orders of the committing court regarding sentences
for youth sentenced to commitment to TYC.
(2)
A disciplinary assigned length of stay of up to six
months may be assigned in accordance with (GAP) §95.11 of this title
(relating to Disciplinary Transfer/Assigned Minimum Length of Stay Consequences).
(c)
Explanation of Terms Used.
(1)
Minimum Length of Stay (MLS) - the factor in the placement
and movement system which is the predetermined minimum period of time a youth
will be assigned to live in a residential placement. TYC has established two
types of minimum lengths of stay requirements for TYC youth, classification
MLS
,
and assigned disciplinary MLS. This rule primarily addresses
classification MLS.
(2)
Minimum period of confinement - the period of time
established by law that a youth sentenced to commitment in TYC for offenses
occurring on or after January 1, 1996, shall be confined in a TYC residential
placement. The minimum period of confinement is the earliest of:
(A)
completion of the sentence, or
(B)
10 years for youth sentenced for capital murder; three
years for youth sentenced for an aggravated controlled substance felony or
a felony of the first degree; two years for a felony of the second degree;
and one year for a felony of the third degree.
(3)
Classification MLS - a minimum length of stay
directly associated with each classification established on initial commitment,
for youth recommitted for the commission of a felony or high-risk offense,
and for youth found at an administrative level I hearing to have committed
a felony or high-risk offense. [
(4)
Assigned disciplinary MLS - the minimum length of
stay assigned to a youth as a disciplinary consequence for behavior. [
(d)
Minimum Length of Stay.
(1)
Sentenced offenders shall serve the time assessed by the
juvenile court, until the earliest of:
(A)
release approved by the committing court;
(B)
completion of the sentence; or
(C)
completion of the minimum period of confinement (for youth
committed for acts occurring on or after January 1, 1996 only).
(2)
Type A violent offenders must complete a minimum
of 24 months.
(3)
Type B violent offenders must complete a minimum length
of stay of 12 months.
(4)
Chronic serious offenders, controlled substances dealers,
and firearms offenders must complete a minimum length of stay of 12 months
[
(5)
General offenders must complete a minimum length of
stay of nine months [
(6)
A Violator of Conduct Indicating a Need for Supervision
(CINS) Probation has no minimum length of stay.
(e)
Creditable Time.
(1)
On initial classification, 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 any incomplete MLS at the time of recommitment is eliminated;
unless:
(A)
a youth is recommitted for the same conduct following an
appeal of the original commitment, in which case the youth shall be given
credit toward completion of the new MLS for any time spent in TYC custody
as a result of the original commitment; or
(B)
a youth is recommitted for the same conduct for which a
level I or II hearing has already been held, in which case the youth shall
be given credit toward completion of the new MLS for the time already served
as a result of that level I or II hearing.
(3)
On TYC reclassification, if previous classification
MLS:
(A)
has been completed, the new classification minimum length
of stay shall be counted from the date of the most recent due process hearing.
(B)
has not yet been completed, the new classification minimum
length of stay shall be counted from the completion of the previous MLS.
(4)
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.
(5)
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.
(f)
Creditable Time for Sentenced Offenders.
(1)
On initial classification, the minimum period of confinement
shall be counted from the first day a youth reaches any TYC operated or assigned
facility. Only time spent in a TYC assigned facility shall be credited toward
completion of minimum period of confinement.
(2)
Sentenced offenders will be credited with days, as
assessed by the court, detained in connection with the classifying offense.
Time will be credited at the end of the total sentence.
(g)
Restrictions.
(1)
All minimum lengths of stay will run consecutively except
when a youth is recommitted.
(2)
Classification MLSs must be completed before any assigned
disciplinary MLS begins.
(3)
Certain youth
[
(h)
Waivers and Reductions.
(1)
The classification minimum length of stay requirement may
be reduced by the deputy executive director in extenuating circumstances when
it is documented that the minimum length of stay is not justified because
of the nature of the youth's classifying offense and offense history.
(2)
The disciplinary assigned MLS may be reduced in accordance
with (GAP) §95.11 of this title (relating to Disciplinary Transfer/Assigned
Minimum Length of Stay Consequences).
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
April 9, 1999.
TRD-9902124
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 424-6244
37 TAC §85.27
The Texas Youth Commission (TYC) proposes an amendment to
§85.27, concerning program restriction levels. The amendment to the section
will clarify that emergency shelters are not assigned a restriction level
for placement purposes of youth committed to TYC. Youth are assigned to emergency
shelters only on a short-term emergency basis until permanent assignments
are made. Day-treatment programs are being removed as examples of minimum
restriction programs since TYC no longer uses this type of program.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also 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 assurance of the most appropriate placement for a
youth considering safety of the public and treatment of the youth. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075,
concerning determination of treatment, which provides the Texas Youth Commission
with the authority to order the youth's confinement under conditions TYC believes
best for the youth's welfare and the interest of the public.
The proposed rule implements the Human Resource Code, §61.034.
§85.27.Program Restriction Levels.
(a)
Purpose. The purpose of this rule is to categorize programs
in which TYC youth may be placed relative to the program's intent to restrict
a youth's access to the general community. The level of restriction assists
TYC staff in placing youth in the least restrictive most appropriate placement
available.
(b)
Explanation of Terms Used.
(1)
Self-contained Program - a 24 hour supervision program
in which the treatment, training and education program is conducted on the
premises. A self-contained program is a program without routine unsupervised
access to the community, unless otherwise stated.
(2)
Routine Unsupervised Access to the Community - a privilege
offered by some programs whereby a youth may be absent from the program without
staff supervision for 48 hours or more per month prior to the youth's last
month in the program.
(3)
Staff secure - a staff to youth ratio appropriate
to ensure security of high risk youth.
(c)
Emergency shelters are not
designated with a restriction level.
(d)
[
(1)
High Restriction - a program which is secured by a perimeter
fence. For example:
(A)
TYC training schools;
(B)
intermediate sanctions facilities;
(C)
boot camps;
(D)
Corsicana Residential Treatment Center;
(E)
self-contained residential contract placement designated
by TYC as appropriate;
(F)
state hospitals;
(2)
Medium Restriction - any residential program
which provides routine unsupervised access to the community. For example:
(A)
TYC halfway houses;
(B)
any residential contract program which is not self-contained,
e.g., certain substance abuse programs, residential treatment centers, group
homes, or organizational foster care;
(3)
Minimum Restriction - Any nonresidential program
which provides treatment or training at least eight hours per day five days
a week
, for example,
[
[
day treatment;]
[
independent living preparation
in structured apartments.]
(4)
Home - the home of the parent, other relative
or individual acting in the role of parent, managing conservator, or guardian,
or an independent living arrangement, in which there is treatment or training
less than eight hours per day, five times a week. For example:
(A)
home or home substitute;
(B)
independent living in any approved location.
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
April 9, 1999.
TRD-9902125
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 424-6244
37 TAC §85.29
(Editor's note: The Texas Youth Commisison proposes for permanent
adoption the repealed section it adopts on an emergency basis in this issue.
The text of the repealed section is in the Emergency Rules section of this
issue.)
The Texas Youth Commission (TYC) proposes the repeal
of §85.29, concerning Program Completion and Movement. This section is
being repealed to allow for the publication of a new section.
An identical repeal has been adopted by emergency and is available for
public review.
Terry Graham, Assistant Executive Deputy Director of Finance, has determined
that for the first five-year period the repeal as proposed is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the repeal.
Mr. Graham also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be the assurance of the most appropriate residential placement
for a youth considering safety of the public and treatment of the youth. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal as proposed.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The repeal is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the accomplishment of its functions.
The proposed repeal implements the Human Resource Code, §61.034.
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 April
9, 1999.
TRD-9902128
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 424-6244
The Texas Youth Commission (TYC) proposes new §85.29,
concerning program completion and movement of other than sentenced offenders.
All references to sentenced offenders in the repealed section have been simultaneously
proposed in a new section, (GAP) §85.33 Program Completion and Movement
of Sentenced Offenders. For youth committed to TYC, this new rule will establish
criteria and procedure for the completion of a TYC treatment program and corresponding
eligibility for transition to a program of less restriction, and/or release
home or to a home substitute. Movement criteria are based on degree of severity
of the offense. When criteria have been met, youth may earn parole status.
Certain exceptions may be made for hardship cases, to control population,
and for certain mentally ill and mentally retarded youth.
An identical emergency action has been adopted and is available for public
review.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also 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 assurance of the most appropriate residential placement
for a youth considering safety of the public and treatment of the youth. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The new rule is proposed under the Human Resources Code, §61.075,
concerning determination of treatment, which provides the Texas Youth Commission
authority to discharge the child from control when it is satisfied that discharge
will best serve the child's welfare and the protection of the public.
The proposed rule implements the Human Resource Code, §61.034.
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 April
9, 1999.
TRD-9902129
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 424-6244
except for some youth classified as violators of CINS probation.
]
classified on or after January 1, 1996,
] shall be assigned a minimum length of stay of twelve months and with
any risk level, assigned to a program of high restriction.[
The minimum
length of stay for these youth classified before January 1, 1996, is nine
months.
]
(A)
(i)
] high
or medium
risk level, assigned to a program of high restriction;
(ii)
] low [
or medium
]
risk level, assigned to a program of medium restriction.
(B)
(i)
(ii)
not available in the designated restriction when it
is determined that a youth is physically/mentally handicapped, has a special
medical condition, or is emotionally disturbed,
] if such
handicap
or
condition would prevent the youth from functioning in the designated
restriction level.
Classification minimum lengths of stay
of youth classified before January 1, 1996 may include creditable time for
events occurring prior to commitment.
]
which may occur anytime a youth is in a residential setting.
]
if classified on or after January 1, 1996 or nine months if classified
before that date.
]
if classified on or after January 1, 1996, or six
months if classified before that date.
]
Youth
] may be
eligible for transition to medium restriction to complete the minimum length
of stay requirement in accordance with (GAP) §85.29 of this title (relating
to Program Completion and Movement)
of Other Than Sentenced Offenders.
(c)
] Levels.
. For example:
]
independent
living preparation in structured apartments.
(A)
(B)
(Editor's note: The Texas Youth Commisison
proposes for permanent adoption new section it adopts on an emergency basis
in this issue. The text of the new section is in the Emergency Rules section
of this issue.)