Part III. Texas Youth Commission

Chapter 85. Admission and Placement

Subchapter A. Commitment and Reception

37 TAC §85.5

The Texas Youth Commission (TYC) proposes an amendment to §85.5, concerning assessment/evaluation. The amendment to the section will delete references to the assignment of a level of care. The system which assigned youth a "level of care" no longer exists.

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 efficiency in government. 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, §61.071, which provides the Texas Youth Commission with the authority to examine and make a study of each child committed to it as soon as possible after commitment and to make rules which will facilitate this study.

The proposed rule implements the Human Resource Code, §61.034.

§85.5.Assessment/Evaluation.

(a)-(b)

(No change.)

(c)

Intake staff at the diagnostic units conduct the following routine evaluations:

(1)-(11)

(No change.)

(12)

psychiatric interview of youth who have been on psychotropic medication and/or who have had a diagnosis of a major affective or psychotropic disorder in the past year; and

(13)

assessment of behavior while at the facility . [ ; and ]

[(14)

assign a level of care based on the needs of the youth.]

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 February 8, 1999.

TRD-9900808

Steve Robinson

Executive Director

Texas Youth Commission

Earliest possible date of adoption: March 21, 1999

For further information, please call: (512) 424-6244

Chapter 143. Executive Clemency

Subchapter D. Reprieve of Execution

37 TAC §143.3

The Policy Board of the Texas Board of Pardons and Paroles proposes an amendment to §143.43, concerning the application process to the Board for a recommendation to the governor of a reprieve from execution. The amendment is proposed for the purpose of clarifying the procedures and changing the time deadlines for submitting the applications to the Board in order to give the Board members more time to consider the applications.

Victor Rodriguez, Chair of the Policy Board, has determined that for the first five-year period the proposed amended rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Chairman Rodriguez also has determined that for each year of the first five years the amended rule as proposed is in effect, the public benefit anticipated as a result of enforcing the section will be to provide the first necessary step to give the Board the opportunity to review the clemency 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.

Comments should be directed to Laura McElroy, General Counsel, Texas Board of Pardons and Paroles, P.O. Box 13401, Austin, Texas, 78711. Written comments from the general public should be received within 30 days of the publication of this amendment.

The amendment is proposed under the Texas Constitution, Article IV, Section 11, and the Code of Criminal Procedure, Article 48.01, which provides the Board with authority to recommend reprieves, commutations of punishments and pardons to the governor.

There is no cross-reference to the proposed amended rule.

§143.43.Procedure in Capital Reprieve Cases.

(a)

The written application in behalf of a convicted person [ condemned felon ] seeking a board recommendation to the governor of a reprieve from [ of ] execution must be delivered to [ filed at ] the Texas Board of Pardons and Paroles, Clemency Section, Austin, Texas, [ board's central office headquarters ] not later than the twenty-fifth calendar day before the execution is scheduled [ during normal business office hours of a working day which is at least five working days in advance of the scheduled day of execution ]. Otherwise, the applicant's [ sole ] recourse will be directly to the governor[ , under §143.41(a) of this title (relating to Governor's Reprieve) ].

(b)

The board shall consider and decide applications for reprieve from execution. Upon review, a majority of the board may [ Upon receipt of an application for a board-recommended reprieve of execution, the board may either ]:

(1)

recommend to the governor a reprieve from execution [ grant the request upon affirmative vote of four board members and transmit its written, signed recommendation to the office of the governor ];

(2)

not recommend a reprieve from execution [ deny the request ]; or

(3)

set the matter for a hearing as soon as practicable and at a location convenient to the board and the parties [ which it wishes ] to appear before it.

(c)-(e)

(No change.)

(f)

After the conclusion of the hearing, the board shall render its decision, reached by majority vote, within a reasonable time, which decision shall be either to:

(1)

recommend to the governor a reprieve from execution [ grant the request, in which case the board's written and signed recommendation for a reprieve of execution of a specified duration, which may be more or less than that requested by the applicant, shall duly and immediately be transmitted to the governor ];

(2)

not recommend a reprieve from execution [ deny the request ]; or

(3)

recess the proceedings without rendering a decision on the merits, if a reprieve has been granted by the governor [ under §143.41(a) of this title (relating to Governor's Reprieve) ] or if a court of competent jurisdiction has granted a stay of execution.

(g)-(h)

(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 February 8, 1999

TRD-9900785

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: March 21, 1999

For further information, please call: (512) 463-1883

37 TAC §143.57

The Policy Board of the Texas Board of Pardons and Paroles proposes an amendment to §143.57, concerning the application process to the Board for a recommendation to the governor of a commutation of death sentence to a lesser penalty. The amendment is proposed for the purpose of clarifying the procedures and changing the time deadlines for submitting the applications to the Board in order to give Board members more time to consider the applications.

Victor Rodriguez, Chair of the Policy Board, has determined that for the first five-year period the proposed amended rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Chairman Rodriguez also has determined that for each year of the first five years the amended rule as proposed is in effect, the public benefit anticipated as a result of enforcing the section will be to provide the first necessary step in order to give the Board the opportunity to review the clemency 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.

Comments should be directed to Laura McElroy, General Counsel, Texas Board of Pardons and Paroles, P.O. Box 13401, Austin, Texas, 78711. Written comments from the general public should be received within 30 days of the publication of this amendment.

The amendment is proposed under the Texas Constitution, Article IV, Section 11, and the Code of Criminal Procedure, Article 48.01, which provide the Board with authority to recommend reprieves, commutations of punishments and pardons to the governor.

There is no cross-reference to the proposed amended rule.

§143.57.Commutation of Death Sentence to Lesser Penalty.

The board will consider recommending to the governor a commutation of death sentence to a sentence of life imprisonment or the appropriate maximum penalty that can be imposed upon receipt of:

(1)

a request from the majority of the trial officials of the court of conviction; or

(2)

a written request of the convicted person or [ his/her ] representative setting forth all grounds upon which the application is based, stating the full name of the convicted person [ condemned felon ], the county of conviction, and the execution date.

(A)

The written application in behalf of a convicted person seeking a board recommendation to the governor of commutation of the death sentence to a lesser penalty must be delivered to the Texas Board of Pardons and Paroles, Clemency Section, Austin, Texas, not later than the twenty-fifth calendar day before the day the execution is scheduled.

(B)

The board shall consider and decide applications for commutation of the death sentence to a lesser penalty. Upon review, a majority of the board may:

(i)

recommend to the governor the commutation of the death sentence to a lesser penalty;

(ii)

not recommend commutation of the death sentence to a lesser penalty; or

(iii)

set the matter for a hearing pursuant to §143.43 of this title (relating to Procedure in Capital Reprieve Cases).

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 February 8, 1999.

TRD-9900786

Laura McElroy

General Counsel

Texas Boards of Pardons and Paroles

Earliest possible date of adoption: March 21, 1999

For further information, please call: (512) 463-1883