37 TAC §85.25
The Texas Youth Commission (TYC) proposes an amendment §85.25,
concerning Minimum Length of Stay. The amendment to the section will refer
to the credit given for time that will toward a TYC youth's sentence completion
as the
committing case
consistent with language
used in the statute. Other minor changes are made with no affect on the meaning.
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 clarified agency rules. 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,
which provides the Texas Youth Commission with the authority to determine
the treatment of a youth committed to TYC including permitting the youth's
liberty or order the youth's confinement.
The proposed amendment affects the Human Resource Code, §61.034.
§85.25.Minimum Length of Stay.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(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
Consequence
[
Consequences
]).
(c)
(No change.)
(d)
Minimum Length of Stay.
(1)
(No change.)
(2)
Type A violent offenders must complete a minimum
length of stay
of 24 months.
(3)-(6)
(No change.)
(e)
(No change.)
(f)
Creditable Time for Sentenced Offenders.
(1)
(No change.)
(2)
Sentenced offenders will be credited with days[
, as
assessed by the court,
] detained in connection with the
committing
case
[
classifying offense
]. Time will be credited at the
end of the total sentence.
Refer to (GAP) §85.61 of this title (relating
to Discharge).
(g)
(No change.)
(h)
Waivers and Reductions.
(1)
(No change.)
(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
Consequence
[
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 July 7, 2000.
TRD-200004716
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 424-6244