Part III.
Texas Youth Commission
Chapter 85.
Admission and Placement
Subchapter A. Commitment and Reception
37 TAC §85.3
The Texas Youth Commission (TYC) adopts an amendment to §85.3,
concerning Admission and Placement, without changes to the proposed text as
published in the February 12, 1999, issue of the
Texas Register
(24 TexReg 926). The text will not be republished.
The justification for amending the section is to ensure agency compliance
with Texas Department of Public Safety (DPS) requirements and sex offender
registration laws.
The amendment will add requirements to the current procedure for youth
admission to TYC's custody. Youth are not permitted to hold personal possessions
at intake. Youth personal items are inventoried and returned to the committing
county. Youth will be required to sign in acknowledgment of all returned items.
Youth who are classified as sex offenders are registered according to current
law.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0385,
concerning Crisis Intervention and Assessment Centers, which provides the
Texas Youth Commission with the authority to establish a children's crisis
intervention and assessment center at a facility owned or operated by the
commission.
The adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903177
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: February 12, 1999
For further information, please call: (512) 424-6244
37 TAC §85.5
The Texas Youth Commission (TYC) adopts an amendment to §85.5,
concerning Assessment/Evaluation, without changes to the proposed text as
published in the February 19, 1999, issue of the
Texas Register
(24 TexReg 1145). The text will not be republished.
The justification for amending the section is to maintain current information
regarding youth assessments.
The amendment will delete the references to the assignment of a level of
care for youth. The level of care system is no longer in use.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.071,
concerning Initial Examination, 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. The study shall be made according
to rules established by the commission and shall include long-term planning
for the child, including a determination of whether the child will need long-term
residential care.
The adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903178
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 424-6244
37 TAC §85.21
The Texas Youth Commission (TYC) adopts an amendment to §85.21,
concerning Program Assignment System, with changes to the proposed text as
published in the April 23, 1999, issue of the
Texas
Register
(24 TexReg 3183). Changes to the proposed text consist of
the correction of a grammatical error.
The justification for amending the section is the assurance of the most
appropriate residential placement for a youth considering the safety of the
public and treatment of the youth.
The amendments to the section will allow for adjustments to be made in
the 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
who are classified as general offenders and who have a 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 or when it has been determined that a youth is physically handicapped
or has a special medical condition.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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 adopted 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 shall be assigned a minimum length of stay of
twelve months and with any risk level, assigned to a program of high restriction.
(5)
A general offender shall be assigned a minimum length
of stay of nine months, 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.
(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,
if such handicap or condition would prevent the youth from functioning in
the designated restriction level.
(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 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 May
28, 1999.
TRD-9903179
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 424-6244
37 TAC §85.23
The Texas Youth Commission (TYC) adopts an amendment to §85.23,
concerning Classification, without changes to the proposed text as published
in the March 12, 1999, issue of the
Texas Register
(24 TexReg 1751).
The justification for amending the section is to increase safety and security
for youth and staff in TYC contract placements and TYC operated facilities
by broadening the definition for participating in a riot.
The amendment will change the agency definition of the violation for participation
in a riot, which continues to be reclassification to a Type B - violent offender.
The amendment allows certain activities by two or more youth, rather than
six or more youth, to be considered a riot.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
concerning Determination of Treatment, which provides the Texas Youth Commission
with the authority to, when a child has been committed to the commission,
order the child's confinement under conditions it believes best designed for
the child's welfare and the interests of the public.
The adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903180
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 424-6244
37 TAC §85.25
The Texas Youth Commission (TYC) adopts an amendment to §85.25,
concerning Minimum Length of Stay, without changes to the proposed text as
published in the April 23, 1999, issue of the
Texas
Register
(24 TexReg 3184).
The justification for amending the section is the assurance that TYC has
assigned the appropriate length of stay requirement for the youth while considering
the safety and security of the public.
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 necessary. Disciplinary minimum lengths of stay may be assigned
to youth as a disciplinary consequence for certain behavior.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
concerning Determination of Treatment, which provides the Texas Youth Commission
with the authority to, when a child has been committed to the commission,
order the child's confinement under conditions it believes best designed for
the child's welfare and the interests of the public.
The adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903181
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 424-6244
37 TAC §85.27
The Texas Youth Commission (TYC) adopts an amendment to §85.27,
concerning Program Restriction Levels, without changes to the proposed text
as published in the April 23, 1999, issue of the
Texas Register
(24 TexReg 3186).
The justification for amending the section is the assurance of the most
appropriate placement for youth committed to TYC considering the safety and
security of the public and treatment of the youth.
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. The reference to day-treatment
programs is being removed as an example of minimum restriction programs. TYC
no longer uses day-treatment programs.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
concerning Determination of Treatment, which provides the Texas Youth Commission
with the authority to, when a child has been committed to the commission,
order the child's confinement under conditions it believes best designed for
the child's welfare and the interests of the public.
The adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903182
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 424-6244
37 TAC §85.29
The Texas Youth Commission (TYC) adopts the repeal of §85.29,
concerning Program Completion and Movement, without changes to the proposed
text as published in the April 23, 1999, issue of the
Texas Register
(24 TexReg 3186).
The justification for amending the section is the assurance of the most
appropriate residential placement for you considering the safety and security
of the public and treatment or the youth.
The repeal will allow for the publication for a new section.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.075,
concerning Determination of Treatment, which provides the Texas Youth Commission
with the authority to, when a child has been committed to the commission,
order the child's confinement under conditions it believes best designed for
the child's welfare and the interests of the public.
The adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903183
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 424-6244
37 TAC §85.35
The Texas Youth Commission (TYC) adopts the repeal of §85.35,
concerning, Special Circumstances: Multiple Commitment Orders without changes
to the proposed text as published in the April 23, 1999, issue of the
The justification for the repeal is the assurance of the most appropriate
placement for youth committed to TYC considering the safety and security of
the public and treatment of the youth.
The adoption of the repeal will allow for the adoption of a new section.
This section is being repealed and the information regarding youth committed
under a concurrent determinate sentence and indeterminate commitment orders
has been adopted in a new section (GAP) §85.33 of this title (relating
to Program Completion and Movement of Sentenced Offenders).
No comments were received regarding adoption of the repeal.
The repeal is adopted 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 adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903174
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 424-6244
Subchapter B. Special Needs Offender Programs
37 TAC §87.79
The Texas Youth Commission (TYC) adopts an amendment to §87.79,
concerning Discharge of Mentally Ill and Mentally Retarded Youth, with changes
to the proposed text as published in the March 26, 1999, issue of the
The justification for amending the section is compliance with legal options
and provision of opportunities for appropriate treatment of mentally ill youth.
The amendment to (GAP) §87.79 will clarify one of the specific criteria
under which mentally ill youth may be discharged. Mentally ill youth who are
unable to progress in rehabilitation programs will be discharged from TYC
if certain criteria have been met including completion of minimum length of
stay requirements. Among other criteria is the criterion that a youth as a
result of having a mental illness, is likely to cause harm to himself or others
as determined by a licensed psychologist and psychiatrist. The amendment adds
the word "or" to clarify that the harm may be likely to either, but not necessarily
both, himself or others.
No comments were received regarding adoption of the amendment.
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 discharge the child from control when it is satisfied
that discharge will best serve the child's welfare and §61.077, concerning
children with mental illness or mental retardation, which provides the Texas
Youth Commission with the authority to discharge a child who is mentally ill
or mentally retarded from its custody if the commission determines that the
child is unable to progress in the commission's rehabilitation programs because
of the child's mental illness or mental retardation.
The adopted rule implements the Human Resource Code, §61.034.
§87.79.Discharge of Mentally Ill and Mentally Retarded Youth.
(a)
Purpose. The purpose of this rule is to provide criteria
and a process whereby the agency discharges from custody youth who have completed
length of stay requirements and who are unable to progress in the agency's
rehabilitation programs because of mental illness or mental retardation.
(b)
Applicability.
(1)
Requirements in this policy do not apply to sentenced offender
youth. See (GAP) §85.33 of this title (relating to Program Completion
and Movement of Sentenced Offenders) for policies relating to sentenced offenders.
(2)
See (GAP) §85.61 of this title (relating to Discharge)
for discharge requirements for youth qualified herein and all other TYC youth.
(c)
Youth, except sentenced offenders, who meet specific criteria
herein, shall be discharged.
(d)
Youth considered to be mentally ill or mentally retarded
are those who have a current diagnosis of mental illness or mental retardation
by a licensed psychologist and/or psychiatrist as required.
(e)
Discharge Criteria.
(1)
Youth with a mental illness who are unable to progress
in rehabilitation programs and therefore shall be discharged are those who
meet the following criteria:
(A)
the youth has completed the initial minimum length of stay;
(B)
the youth has been diagnosed with a primary brain disorder
(e.g., psychotic disorder, bipolar disorder, major depression, organic disorder,
severe neurological deficit);
(C)
a licensed psychologist and/or psychiatrist has determined
that the mental illness has not stabilized and that the mental illness is
the reason for the youth's inability to engage in productive interaction as
required by the agency's resocialization program; and
(D)
a licensed psychologist and psychiatrist has determined
that as a result of mental illness, the youth:
(i)
is likely to cause serious harm to himself; or
(ii)
is likely to cause serious harm to others; or
(iii)
will, if not treated for the mental illness, continue
to suffer severe and abnormal mental, emotional, or physical distress, will
continue to experience deterioration of his ability to function independently,
and is unable to make a rational and informed decision as to whether or not
to submit to treatment.
(2)
Youth with mental retardation who are unable
to progress in rehabilitation programs and therefore, shall be discharged,
are those who meet the following criteria:
(A)
the youth has completed the initial minimum length of stay;
(B)
the youth has been diagnosed with an IQ below 62.5 with
accompanying deficits in adaptive behavior;
(C)
a licensed psychologist and/or psychiatrist has determined
that the mental retardation is the reason for the youth's inability to engage
in productive interaction as required by the agency's resocialization program;
and
(D)
a licensed psychologist and/or psychiatrist has determined
that because of retardation, the youth:
(i)
represents a substantial risk of physical impairment or
injury to himself or others; or
(ii)
is unable to provide for and is not providing for his/her
most basic personal physical needs.
(f)
Procedure for Discharge of Youth with Mental Disability.
(1)
For youth who meet discharge criteria, the agency will
file an application in the youth's committing county for determination of
appropriate mental health services. See (GAP) §87.69 of this title (relating
to Commitment to State Mental Hospitals) for relevant procedures.
(2)
Discharge shall occur thirty days after the filing
of the application.
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 May
28, 1999.
TRD-9903184
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 424-6244
Subchapter A. Basic Services
37 TAC §91.5
The Texas Youth Commission (TYC) adopts an amendment to §91.5,
concerning Clothing, without changes to the proposed text as published in
the March 26, 1999, issue of the
Texas Register
(24 TexReg 2288).
The justification for amending the section is clarity in rules.
The amendment will correct a minor grammatical error. No substantive changes
have been made to the rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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 adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903185
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 424-6244
37 TAC §91.95
The Texas Youth Commission (TYC) adopts an amendment to §91.95,
concerning Pregnancy and Abortion, with changes to the proposed text as published
in the April 16, 1999, issue of the
Texas Register
(24 TexReg 3043). Changes to the proposed text delete the statement
that prohibits TYC youth from housing their children in a contract care facility,
as certain contract care placements may allow youth to house their children
in the facility. This change does not affect TYC operated facilities.
The justification for amending the section is medical protection and care
for chemically dependent youth who are pregnant and residing in TYC facilities.
The amendment to the section will allow TYC staff to provide medical treatment
for high-risk pregnancy to youth who, when committed to the agency and through
the initial assessment process, are determined to be pregnant and chemically
dependent. TYC staff will also provide counseling and assistance to the youth
in the planning for the care of the unborn child after delivery. Youth will
not be allowed to house their children in TYC operated facilities.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.076,
concerning Type OF Treatment Permitted, which provides the Texas Youth Commission
with the authority to, as a means of correcting the socially harmful tendencies
of a child committed to it, the commission may provide any medical or psychiatric
treatment that is necessary.
The adopted rule implements the Human Resource Code, §61.034.
§91.95.Pregnancy and Abortion.
(a)
Purpose. The purpose of this rule is to establish the agency's
role in managing a pregnant youth committed to Texas Youth Commission (TYC).
New commitment, recommitment, or revocation of a female in her seventh month
of pregnancy is not encouraged by TYC. Committing counties are encouraged
to make arrangements for the youth's care until delivery of the child.
(b)
In recognition of the high-risk nature of adolescent pregnancy
and the importance of immediate prenatal care, all female youth receive a
pregnancy test on admission to TYC.
(c)
The agency shall provide regular prenatal and post-natal
care to pregnant youth. This care includes medical examinations, appropriate
activity levels, safety precautions, and nutrition. If a pregnant youth is
determined to be chemically dependent through the assessment process at the
time of admission, the youth will receive appropriate care for the high-risk
pregnancy in order to manage any medical complications of the youth or her
child associated with the addiction.
(d)
A youth who is committed, recommitted or had parole revoked
during pregnancy will be placed appropriate to risk and need as determined
by TYC centralized placement. Youth will be provided counseling and assistance
in planning for the care of their unborn child after delivery. Youth are not
allowed to house their children in TYC operated facilities.
(e)
Therapeutic measures may be required in instances of imminent
or inevitable abortion, incomplete abortion, or missed abortion. Surgical
procedures may be required to terminate the pregnancy to preserve life of
the mother. Termination will be allowed as a therapeutic measure when necessary;
however, a written documentation of need must be provided by two physicians.
Written documentation may be provided by the facility physician and an obstetrician
or family practitioner.
(f)
TYC will neither provide funds for nor allow contract medical
providers to perform an induced abortion, solely for the purpose of terminating
a normal pregnancy, on any female committed to the TYC.
(g)
Upon request, TYC personnel may direct a youth requesting
abortion services to available resources. The youth or youth's parent/guardian
will be responsible for arranging appointments and paying for all services
related to the abortion.
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 May
28, 1999.
TRD-9903186
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: April 16, 1999
For further information, please call: (512) 424-6244
37 TAC §93.15
The Texas Youth Commission (TYC) adopts the repeal of §93.15,
concerning Youth Mail, without changes to the proposed text as published in
the March 19, 1999, issue of the
Texas Register
(24 TexReg 1994).
The justification for the repeal of the section is increased safety and
security for youth and staff in TYC facilities.
The repeal will allow for the publication of a new section.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.075,
concerning Determination of Treatment, which provides the Texas Youth Commission
with the authority to determine the appropriate treatment and restriction
of youth in its custody.
The adopted rule implements the Human Resource Code, §61.034.
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 May
28, 1999.
TRD-9903187
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-6244
The Texas Youth Commission (TYC) adopts
new §93.15, concerning Youth Mail, with changes to the proposed text
as published in the March 19, 1999, issue of the
Texas Register
(24 TexReg 1994). Changes to the proposed text consist
of listing victims as an example of persons who may object to receiving mail
from a TYC youth in a TYC facility. If any person makes an objection, the
youth will not be allowed to send mail to that person.
The justification for the new section is increased safety and security
for youth and staff in TYC facilities specifying mail privileges for youth
committed to TYC and residing in residential facilities.
The new section will establish rules for mail communication in TYC residential
programs and will establish limitation on incoming and outgoing youth mail
as necessary for the safety, security, and protection of youth and staff.
Youth incoming or outgoing mail is not read but is inspected for contraband
except that outgoing mail to special correspondents, which may not be inspected.
In the interest of facility safety and order, mail to or from certain individuals
may be stopped including but not limited to inmates in jail or prison, other
than members of a youth's family. Procedures and additional limitations are
set forth in this new section.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.045,
concerning Operations of Programs and Facilities, which provides the Texas
Youth Commission with the authority to seek to establish relationships and
to organize a way of life that will meet the spiritual, moral, physical, emotional,
intellectual, and social needs of the children under its care as those needs
would be met in an adequate home; and §61.075, concerning Determination
of Treatment, which provides the Texas Youth Commission with the authority
to determine the appropriate treatment and restriction of youth in its custody.
The adopted rule implements the Human Resource Code, §61.034.
§93.15.Youth Mail.
(a)
Purpose. The purpose of this section is to establish rules
for promoting open mail communication in residential programs and to establish
limitations on incoming and outgoing youth mail only as necessary for safety
and security and for the protection of youth from improper influences.
(b)
Applicability.
(1)
This rule applies only to mail that is deposited for delivery
in a regular postal service or that is hand-delivered by or to visitors. It
does not apply to other written communication between youth or between staff
members and youth.
(2)
This rule applies only to youth in residential programs.
(c)
Explanation of Terms Used.
(1)
Contraband - means any physical item that presents a substantial
danger to the safety and security of youth, staff, or the facility and any
other item, depiction, or publication that is included in the definition of
"contraband" under (GAP) §95.3 of this title (relating to Rules of Conduct,
Contraband and Dress).
(2)
Mail - includes all written correspondence, pictures,
publications, and the contents of packages.
(3)
Special Correspondent - means the following persons:
(A)
TYC board members, administrators, youth rights specialists,
or investigators;
(B)
Government officials, including elected officials, court
officials, and law enforcement officials;
(C)
an attorney for the youth;
(D)
a member of the editorial and reporting staff of any newspaper
or magazine listed in "Ayers Directory of Publications" or the "Editor and
Publisher Year Book" or the editorial and reporting staff of any radio or
television station.
(d)
Juveniles in Texas Youth Commission (TYC) operated or contracted
residential facilities have the right to communicate or correspond through
the mail with persons or organizations subject only to the limitations necessary
to maintain facility order and security and to protect youth from improper
influences.
(e)
Privacy of Correspondence.
(1)
No incoming or outgoing youth mail will be read or censored,
but mail may be inspected for the purposes provided in subsection (f) of this
section.
(2)
Unless a youth requests it, a youth's mail will not
be read for any purpose as long as the mail remains in the youth's possession
in his own sleeping area or on his person. Mail that is abandoned following
a youth's unauthorized departure may be read to aid the youth's apprehension.
(f)
Contraband in Incoming and Outgoing Mail.
(1)
All incoming mail to youth may be opened and inspected
for contraband in the youth's presence.
(2)
All outgoing mail from youth may be inspected for
contraband prior to sealing, except for outgoing mail to special correspondents.
(3)
All contraband that is discovered will be seized and
disposed of in accordance with (GAP) §97.11 of this title (related to
Disposition of Unauthorized Items Seized). Money in the mail is handled in
accordance with (GAP) §99.31 of this title (relating to Youth Banking).
(g)
Stopped Delivery of Incoming and Outgoing Mail.
(1)
Incoming mail may not be delivered to a youth and outgoing
mail from a youth may not be deposited for delivery if it contains contraband
or if it is addressed to or from:
(A)
a person (including the victim or the parent or guardian
of a minor) who objects to receiving mail from the youth;
(B)
a person, other than a special correspondent or family
member, whose correspondence with a youth under age 18 has been objected to
by the parents or guardian of the youth;
(C)
a person, other than a special correspondent, who at any
time has attempted to send the youth contraband;
(D)
an inmate of a jail or prison, other than a member of the
youth's family;
(E)
another youth under TYC's jurisdiction when it is found
that either youth has at any time violated a rule of conduct and mail between
the youth was involved; or
(F)
other youth under TYC's jurisdiction when the TYC executive
director determines that mail correspondence between the youth creates an
intolerable risk of disorder under the circumstances existing at a particular
time.
(2)
Mail that is not delivered will be returned to
the sender if a return address is noted on the parcel, otherwise it will be
returned to the post office as undeliverable.
(3)
Mail from a youth will not be deposited for delivery
without a return address printed on the envelope.
(h)
Notice of Stopped Mail and Opportunity for Review.
(1)
Youth will receive notice of mail that is returned to the
sender under subsection (g) of this section and of the opportunity for review
as provided in subsection (i) of this section. The notice to youth will describe
the mail and the reasons for its return in sufficient detail to permit effective
utilization of the review procedures.
(2)
Senders of mail that is returned under subsection
(g) of this section, other than mail from persons identified in subsection
(g)(1)(B)(D) or (F) of this section, may request the reasons for the mail's
return and be provided the opportunity for review as provided in subsection
(i) of this section. Notice of the address or telephone number to contact
for this information will be stamped on the returned mail envelope.
(i)
Stopped Mail Review Procedure.
(1)
Persons who have received notice of stopped mail under
subsection (h) of this section may request review of the stopped mail by writing
to the executive director within two weeks of their receipt of notice.
(2)
The executive director will notify the person requesting
the review of his or her decision within thirty days of receiving the request.
(3)
If the executive director upholds the stopping of
mail from persons identified in subsection (g)(1)(C)(D) or (E) of this section,
it will notify the persons requesting the review that they may resubmit their
request to resume mail to or from the youth after six months.
(j)
Postage and Time of Delivery.
(1)
There is no limit on the number or length of incoming or
outgoing letters. Postage and stationery will be furnished to all youth for
three one-ounce domestic letters per week. Additional postage and stationary
may be provided for letters to attorneys for youth or courts.
(2)
All incoming and outgoing letters will be held no
longer than 24 hours and packages no longer than 48 hours except on weekends
or holidays when 72 hours is allowed (if the holiday immediately precedes
or follows the weekend).
(3)
First class letters and packages will be forwarded
to a youth's assigned placement following transfer or release.
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 May
28, 1999.
TRD-9903192
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-6244
Subchapter A. Disciplinary Practices
37 TAC §95.3
The Texas Youth Commission (TYC) adopts an amendment to §95.3,
concerning Rules of Conduct, Contraband and Dress, with changes to the proposed
text as published in the March 12, 1999, issue of the
Texas Register
(24 TexReg 1754). Changes to the proposed text consist
of the deletion of attempt to abscond as a major rule violation as adopted
in (GAP) §97.29 of this title (relating to Escape/Abscondence and Apprehension)
on January 1, 1999. Additional changes clarify that the use or possession
of tobacco, a minor youth misbehavior, is prohibited in all areas of a TYC
facility with no exceptions.
The justification for amending the section is increased safety and security
for the general public, youth in TYC facilities, and TYC staff through the
enforcement of consequences for youth major misbehaviors.
The amendment to the section adds participation in a riot, as described
in (GAP) §85.23 of this title (relating to Classification), to the list
of major rule violations in TYC youth rule of conduct. Other amendments to
the rule specifically prohibit the wear and use of body piercing paraphernalia.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.076,
concerning Type of Treatment Permitted, which provides the Texas Youth Commission
with the authority to, as a means of correcting the socially harmful tendencies
of a child committed to it, require the modes of life and conduct that seem
best adapted to fit the child for return to full liberty without danger to
the public.
§95.3. Rules of Conduct, Contraband and Dress.
(a)
Purpose. The purpose of this rule is to establish rules
of conduct, contraband and dress youth will be expected to follow agencywide.
Violations of the rules result in disciplinary consequences that are proportional
to the severity and extent of the violation and follow appropriate due process.
(b)
Texas Youth Commission (TYC) facilities and programs shall
maintain youth discipline to the extent necessary to keep order and provide
a safe and constructive environment for youth, staff and visitors.
(c)
Rules in this policy may be restated in greater detail
or otherwise adapted to accommodate a particular program in order to help
clarify expected behavior in that program. All adapted or restated rules shall
remain consistent with the general rules of conduct.
(d)
The rules are posted in a conspicuous area accessible
to youth in each facility and program.
(e)
Rules of Conduct. It is a violation to knowingly violate
or attempt to violate or help someone else violate any of the Rules of Conduct.
Repeated violations of any rule of conduct will result in more serious disciplinary
consequences.
(1)
A major rule violation is any of the following acts for
which major consequences may be levied. Major consequences include referral
to criminal court, disciplinary movement and/or reclassification and/or assignment
of a minimum length of stay.
(A)
Violate any law of Texas or of the United States.
(B)
Escape, or attempt escape, or abscond.
(C)
Cause physical pain or bodily injury to one's self or
to another person.
(D)
Possess a weapon.
(E)
Inhale, ingest or otherwise consume or import into the
body any controlled substance or intoxicant, or refuse to take a drug test.
(F)
Intentionally damage or destroy property which causes
a loss of $100 or more.
(G)
Fail on two or more occasions to comply with the conditions
of release under supervision and/or a written reasonable request of staff
that is either present in the ICP or is validly related to previous high-risk
behavior.
(H)
Participating in a Riot as set forth in (GAP) §85.23
of this title (relating to Classification.
(2)
Minor misbehavior is willful behavior, which
breaks rules for which minor consequences, called on-site disciplinary consequences,
may be levied. Minor consequences include loss of privileges, restriction,
or confiscation of contraband. It is a minor misbehavior to:
(A)
Take, use or damage property without proper permission.
(B)
Possess items instructed not to possess including contraband.
(C)
Be with someone told not to be with.
(D)
Threaten to cause harm to someone.
(E)
Engage in inappropriate physical or sexual contact.
(F)
Engage in tattooing or body piercing (including ears)
of either self or others.
(G)
Engage in setting a fire without permission from staff.
(H)
Lend, borrow, or trade personal property without permission
from staff.
(I)
Curse or use disrespectful language or behavior toward
another.
(J)
Fail to report to someone in authority when told to do
so.
(K)
Enter restricted areas without proper permission.
(L)
Use or possess tobacco.
(M)
Disrupt an authorized activity.
(N)
Deliberately disobey a reasonable request of staff.
(O)
Miss scheduled activities or curfew time.
(P)
Gamble.
(Q)
Fail to follow the dress code.
(R)
Fail to report others' misconduct.
(f)
Contraband. Consistent with the Rules of Conduct, youth
in a residential program which is under contract to TYC or operated by TYC
shall not have contraband. Contraband items will be confiscated and disposed
of in accordance with (GAP) §97.11 of this title (relating to Disposition
of Unauthorized Items Seized). Contraband includes:
(1)
anything which it is a crime to possess under municipal
ordinances or state or federal law, (including solvent inhalants, drugs, and
alcohol);
(2)
narcotics paraphernalia;
(3)
items which can be used, made, or adapted to use
as weapons;
(4)
pictures which depict sexually explicit male or female
nudity or sexual acts, including magazines or periodicals which routinely
publish such pictures;
(5)
items such as posters or clothing with slogans, mottos
or emblems which are obscene, advocate illegal or immoral conduct, hold individuals
or groups up to ridicule, or reinforce delinquent subcultural values, or in
any way disrupt programs or activities; and
(6)
money in excess of the amount permitted by facility
rules.
(g)
Dress Code. Any youth in a residential program operated
by TYC must dress in accordance with these rules.
(1)
Clothing will be clean, fit properly, and be appropriate
to the activity at all times.
(2)
Undergarments must be worn and must not show. Females
will wear bras.
(3)
Patches, embroidery, buttons, and writing on clothing
must not signify anything about drugs, alcohol, sex, obscene language, violent
acts, or show disrespect to any group or class of people.
(4)
Shoes or acceptable footwear will be worn as appropriate
to the activity at all times.
(5)
Boys will not wear earrings; girls may, in some facilities,
be allowed to wear earrings. No youth are allowed to wear piercing paraphernalia
otherwise.
(h)
Hair.
(1)
All males in TYC residential programs or contract residential
programs are required to wear their hair in a standardized style.
(2)
Hair should be clean and well groomed.
(3)
Youth must be clean shaven.
(i)
Symbolic Expression. A facility superintendent/facility
administrator may adopt rules for the facility to prohibit any symbolic expression(s)
that have been shown to precipitate violent behavior which endangers the safety
of youth, staff or visitors at the facility. All rules adopted by a facility
administrator and approved by the appropriate director of juvenile corrections
must be clearly communicated to each youth and posted at the same place as
other rules set out in this policy.
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 May
28, 1999.
TRD-9903191
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 424-6244
Subchapter A. Security and Control
37 TAC §§97.1, 97.21, 97.23, 97.25, 97.27, 97.37
The Texas Youth Commission (TYC) adopts amendments to §§97.1,
97.21, 97.25, 97.27, and 97.37 concerning Facility Security, Approved Restraint
Equipment, Use of Force: Chemical Agent OC, Riot Control, and Security Unit
without changes to the proposed text as published in the March 12, 1999, issue
of the
Texas Register
(24 TexReg 1755) and
will not be republished. TYC adopts an amendment to §97.23, concerning
Use of Force, with changes to the proposed text as published in the March
12, 1999, issue of the
Texas Register
(24
TexReg 1755).
Changes to the proposed text consist of the addition of the clarifying
statement that full body restraint may be authorized only when the youth's
self protection from imminent harm is necessary and the youth's behavior has
escalated such that the youth is engaged in serious self-injury. Other less
restrictive interventions by staff must have been attempted and must have
failed. Other additions include the explanation that when full body restraint
is employed, youth will be secure to a specially designed bed only.
The justification for amending the sections is security and protection
for the general public, youth committed to TYC, and TYC staff.
The amendment to §97.1, Facility Security corrects a reference to
reflect a change of rule name to (GAP) §97.25 of this title (relating
to Use Of Force: Chemical Agent OC).
The amendments to §97.21, Approved Restraint Equipment adds to the
list of approved restraint equipment a convex curved shield which will be
used for protecting staff and controlling youth who are out of control and
a restraint bed used to restrain youth primarily to prevent self harm.
The amendments to §97.23, Use of Force adds chemical agents to the
list of approved types of control devices.
The amendments to §97.25, Use of Force: Chemical Agent OC limits the
chemical agents addressed in this section to pepper spray, also Oleoresin
Capsicum (OC).
The amendments to §97.27, Riot Control adds a definition of riot at
a TYC facility and states that only the facility administrator or acting facility
administrator may declare a particular situation to be a riot. Once declared,
certain procedures intended to regain control may be implemented including
the use of tear gas orthochlorobenzalmalononitrile (CS), a chemical agent.
Should a riot escalate, staff is authorized to increase levels of support
from TYC staff and other agencies.
The amendments to §97.37, Security Unit clarifies that self-referrals
by TYC youth to placement in a security unit at an institutional facility
may be suspended during a period of unrest.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §61.045,
concerning Operations of Programs and Facilities, which provides the Texas
Youth Commission with the authority to exercise general charge of and be responsibility
for the welfare, custody, and rehabilitation of the children in a school,
facility, or program operated or funded by the commission. The commission
seeks to establish relationships and to organize a way of life that will meet
the spiritual, moral, physical, emotional, intellectual, and social needs
of the children under its care as those needs would be met in an adequate
home; and §61.075, concerning Determination of Treatment, which provides
the Texas Youth Commission with the authority to determine the appropriate
treatment/restriction of youth in custody and to order the child's confinement
under conditions it believes best designed for the child's welfare and the
interests of the public.
§97.23. Use of Force.
(a)
Purpose. The purpose of this rule is to provide:
(1)
criteria for using physical or mechanical force when necessary
to control a volatile situation; and
(2)
restrictions and guidelines to promote safety of
youth and staff. Force is used as a last resort and only when necessary. When
use of physical force is necessary, it should be measured and progressive
in nature, however, when impractical, the amount and type of force necessary
to control violence should be used. Measured and progressive force may be
impractical when it would likely result in injury to youth and staff.
(b)
Applicability. For rules controlling use of chemical agents,
see (GAP) §97.25 of this title (relating to Use of Force: Chemical Agent
OC) and (GAP) §97.27 of this title (relating to Riot Control).
(c)
Explanation of Terms Used.
(1)
Force - Any physical contact exerted upon a person to
compel or arrest bodily movement.
(2)
Physical Restraint - Use of a person's physical exertion
to completely or partially constrain another person's bodily movement.
(3)
Escort - The physical force used to cause the movement
of a person from one location to another.
(4)
Mechanical Restraint - Use of a mechanical device(s)
to aid in the restriction of a person's bodily movement.
(5)
Full Body Restraint - The use of padded cloth or
leather mechanical restraint devices to secure a person to a specially designed
bed. (Permitted only in the Texas Youth Commission (TYC) institutions and
in contract facilities approved by the executive director or designee.)
(6)
Chemical agents - The chemical agents approved for
TYC use.
(d)
Force. Types of force approved for TYC use according to
criteria and other limitations are physical restraint, chemical agents, escort,
mechanical restraint, and full body restraint.
(e)
Criteria for Use. Force may be used only as a last resort
and only as a control measure to ensure the safety and welfare of youth and
staff. The use of force (to restrain or compel movement) shall be limited
to instances of:
(1)
protection of the youth from imminent self-harm; (Including
the administration of medical treatment in a situation that is life threatening
and/or youth is engaging in imminently serious self-injurious behavior).
(2)
self-protection from imminent harm.
(3)
protection of third parties from imminent harm; (including
resistance to search for contraband in compliance with (GAP) §97.09 of
this title (relating to Search).
(4)
prevention of imminent property damage.
(5)
prevention of escape/abscond or attempted escapes
(including transportation, when circumstances create a risk of escape/abscond
or harm).
(6)
movement of a referred youth to the security/detention
unit or alternative education classroom. A youth may also be moved within
the security or detention unit when the youth's behavior is substantially
disruptive and the youth refuses to follow a reasonable order of the security/detention
staff.
(f)
Restrictions.
(1)
Force shall not be used as punishment, discipline, or
as a convenience for staff.
(2)
Staff, not youth, shall be solely responsible for
the exercise of force and restraint.
(3)
Only when the self-protection from imminent harm
criterion has been met and the behavior has escalated such that a youth is
engaged in imminent and serious self-injury and other less restrictive interventions
by staff have failed, may full body restraint be authorized and only for the
protection of the youth.
(4)
Staff shall use the amount and type of force necessary
to control the situation except when a staff member is acting alone in which
case he/she shall not be expected to use force or restraint when the risk
of harm presented by the youth's conduct does not outweigh the possible risk
of harm to youth or staff which would likely result if the staff acted alone.
(5)
When physical or mechanical restraint is employed,
staff shall ensure the youth's safety by ensuring adequate respiration and
circulation, providing continuous visual supervision, until evaluated by nursing
staff: every 3 minutes thereafter and providing assistance as appropriate
until the restraint is terminated.
(6)
Physical force should be used as a last resort and
only when necessary. When use of physical force is necessary, it should be
measured and progressive in nature, however, when measured and progressive
use is impractical, the amount and type of force necessary to control violence
should be used. Physical restraint may be impractical when to do so would
likely result in injury to staff.
(7)
A physical or mechanical restraint, other than during
transportation or a riot shall be terminated within a short period of time
unless the youth is exhibiting or threatening to continue behaviors which
justify the use of restraint. If continued restraint is justified, restraint
must be terminated when the youth's behavior ceases to pose a threat or if
used during transportation, when the destination is reached.
(g)
Use of Restraints During Transportation.
(1)
Transportation by the Transportation Unit. Mechanical
wrist and ankle restraints shall be used during transportation by the transportation
unit to prevent escape or violent behavior and to ensure the safety of the
youth and the community.
(2)
Transportation by Other Than the Transportation Unit.
(A)
Mechanical ankle restraints shall be used during transportation
when a youth is being transported to a high restriction program.
(B)
Mechanical wrist restraints may also be used when a youth's
behavior prior to or during transportation leads staff to believe the youth
is likely to attempt to escape/abscond, engage in violent behavior, or harm
himself if not restrained.
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 May
28, 1999.
TRD-9903188
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 424-6244
37 TAC §97.77
The Texas Youth Commission (TYC) adopts an amendment to §97.77,
concerning Peace Officer: Firearm Management, without changes to the proposed
text as published in the December 18, 1999, issue of the
Texas Register
(23 TexReg 12885). The text will not be republished.
The justification for amending the section is greater public protection.
The amendment will allow TYC apprehension specialists the option of carrying
a TYC issued firearm in a concealed manner or on a TYC issued duty belt in
the commission of their duties as a peace officer when apprehending TYC escapees
and absconders.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0931,
which provides the Texas Youth Commission with the authority to employ and
commission apprehension specialists as peace officers for the purpose of apprehending
a child.
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 May
28, 1999.
TRD-9903189
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 21, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 424-6244
Subchapter B. Placement Planning
Chapter 87.
Treatment
Chapter 91.
Program Services
Subchapter D. Health Care Services
Chapter 93.
Youth Rights and Remedies
Chapter 95.
Youth Discipline
Chapter 97.
Security and Control
Subchapter B. Peace Officers
Chapter 111.
Contracting for Other Than Youth Services