Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter B. PLACEMENT PLANNING
37 TAC §85.35
The Texas Youth Commission (TYC) proposes an amendment to §85.35,
concerning Maximum Length of Stay for General Offenders. The amendment to
the section will change the name of the rule as shown, as well as deleting
the references to parole risk score. The rule will now apply to general offenders,
as defined in §85.23, who meet additional criteria as specified in this
rule.
Don McCullough, 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. McCullough 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 to avoid undue confinement in an institutional
setting for youth who have not completed the resocialization program, but
have exceeded their assigned minimum length of stay. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to discharge
a youth form control when it is satisfied that discharge will best serve the
child's welfare and the protection of the public.
The proposed rule affects the Human Resource Code, §61.034.
§85.35.Maximum Length of Stay for General [
(a)-(b)
(No change.)
(c)
Explanation of Terms Used.
(1)
General
[
[
[
(2)
Minimum Length of Stay - means the assigned minimum length
of stay for the youth's classification, see (GAP) §85.23 of this title
[
(d)
Parole Release for
General
[
(1)
A
general
[
(A)-(C)
(No change.)
(2)
Notwithstanding the time that has elapsed since completion
of the minimum length of stay, a
general
[
(A)-(B)
(No change.)
(3)
Notwithstanding the time that has elapsed since completion
of the minimum length of stay or since an incident of misconduct, a
general
[
(A)-(B)
(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 July 1, 2003.
TRD-200304031
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 17, 2003
For further information, please call: (512) 424-6301
37 TAC §85.61
The Texas Youth Commission (TYC) proposes an amendment to §85.61,
concerning Discharge/Transfer of Custody. The amendment to the section will
specify that youth other than other than sentenced offenders shall be discharged
prior to the youth's 21st birthday or if sentenced offenders who have not
completed their sentence shall be transferred from TYC's custody prior to,
or on the youth's 21st birthday (wording change from "discharge" to "transfer
from custody"). Due to the wording change the title of this rules has been
changed to read Discharge/Transfer of Custody to be consisted with practice
and procedures. Minor grammatical changes were also included in the amendment.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the fiscal impact would
be one less day in TYC custody for youth otherwise released on their 21st
birthday for age of majority reached. The impact on performance measures would
be slight decrease in either residential or parole ADP.
Mr. McCullough 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 demonstrate that TYC has an effective classification
plan that would timely release of eligible youth, which complies with the
Texas Human Resources Code, Chapter 61 which states that TYC only has jurisdiction
over youth under 21 years old. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to discharge
a youth from its control when it is satisfied that discharge will best serve
the youth's welfare and the protection of the public.
The proposed rule affects the Human Resource Code, §61.034.
§85.61.Discharge /Transfer of Custody .
(a)
(No change.)
(b)
Non-sentenced offenders shall by law, be discharged
prior to the youth's 21st birthday.
[
(c)
Sentenced offenders shall by
law, be transferred from TYC's custody no later than the youth's 21st birthday.
(d)
[
(e)
[
(1)
Classification.
(A)
Youth who are sentenced for an offense committed before
January 1, 1996, shall be discharged from TYC jurisdiction when one of the
following occurs:
(i)
expiration of the sentence imposed by the juvenile court,
including the time spent in detention in connection with the committing case
plus time spent at TYC under the order of commitment:
(I)
Time spent in detention in connection with the committing
case includes all time in detention from the time of arrest for the committing
offense until admission to TYC, including pre-hearing detention for adjudication/disposition
of the offense or for modification of the disposition, but excluding detention
time that is ordered as a condition of probation.
(II)
For youth committed under concurrent determinate and indeterminate
commitment orders, refer to (GAP) §85.33 of this title (relating to Program
Completion and Movement of Sentenced Offenders);
(ii)
the youth is transferred to the Texas Department of Criminal
Justice
(TDCJ)
[
(iii)
prior to age 18 if ordered by committing court; or
(iv)
age 21 is reached.
(B)
Youth who are sentenced for an offense committed after
January 1, 1996, shall be discharged from TYC jurisdiction when one of the
following occurs:
(i)
expiration of the sentence imposed by the juvenile court
unless under concurrent commitment orders as specified in (GAP) §85.33
of this title [
(I)
Time spent in detention in connection with the committing
case includes all time in detention from the time of arrest for the committing
offense until admission to TYC, including pre-hearing detention for adjudication/disposition
of the offense or for modification of the disposition, but excluding detention
time that is ordered as a condition of probation.
(II)
For youth committed under concurrent determinate and indeterminate
commitment orders, refer to (GAP) §85.33 of this title [
(ii)
the youth is transferred to
TDCJ
[
(C)
Youth ever classified as
Type
[
(D)
Youth classified as a
Type
[
(i)
prior to the 21st birthday
[
(ii)
completion of 12 consecutive months on parole status in
the home or home substitute and the youth;
(I)
has had no delinquency adjudications or criminal convictions
during the period;
(II)
has no pending delinquency petitions or criminal charges;
(III)
is on minimum supervision level; and
(IV)
has had a positive parole adjustment, as defined in this
policy.
(E)
General offenders and violators of CINS probation and never
classified as
Type
[
(i)
prior to the 21st birthday
[
(ii)
completion of nine
(9)
consecutive months on
parole status in the home or home substitute and the youth:
(I)
has had no delinquency adjudications or criminal convictions
during the period;
(II)
has no pending delinquency petitions or criminal charges;
(III)
is on minimum supervision level; and
(IV)
has had a positive parole adjustment as defined in this
policy.
(2)
Special Circumstances.
(A)
Youth of any classification except sentenced offenders
shall be discharged under the following circumstances:
(i)
court
[
(ii)
the
[
(iii)
commitment
[
(iv)
enlistment
[
(v)
closing
[
(vi)
discharge
[
(vii)
youth
[
(B)
Youth place out of the state who are of any classification
except sentenced offender may be discharged when requested by the placement
state for satisfactory adjustment or when court action is taken by the placement
state in accordance with (GAP) §85.51 of this title (relating to Interstate
Compact for TYC Youth).
(C)
Youth any classification except sentenced offender and
Type
[
(i)
placement on adult probation for conduct which occurred
while on parole status; or
(ii)
court ordered placement for a minimum of 12 months in
an adult correctional residential program as part of the disposition of a
criminal case.
(D)
Youth may be discharged for special circumstance, other
than those addressed here, if approved by the executive director.
(f)
[
(1)
has completed ICP objectives including substantial completion
of phase
5
[
(2)
has, for 90 consecutive days; been:
(A)
enrolled and participating in an appropriate educational
or training program; or
(B)
satisfactorily employed.
(g)
[
(h)
[
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 1, 2003.
TRD-200304032
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 17, 2003
For further information, please call: (512) 424-6301
Subchapter B. EDUCATION PROGRAMS
37 TAC §91.51
The Texas Youth Commission (TYC) proposes new §91.51,
concerning Library and Instructional Resources. The new section will establish
standards, procedures, and criteria for selecting learning resources to be
used in TYC institutional schools. The new section will also provide for a
reconsideration process if anyone should object to certain materials inclusion
or exclusion.
Don McCullough, 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. McCullough 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 a standardized process for selecting and
reviewing books and other learning resources to which TYC staff and youth
will have access. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require youth
in its care to participate in academic training and activities.
The proposed rule affects the Human Resource Code, §61.034.
§91.51.Library and Instructional Resources.
(a)
Purpose. Each Texas Youth Commission (TYC) facility shall
provide a wide range of learning resources at various levels of difficulty
that appeal to a variety of interests and represent different points of view
to support, enrich, and assist in meeting the needs of the youth and teachers
in the education program.
(b)
Explanation of Term Used. Learning Resources - refers to
any print, video, or other material with instructional content or function.
(c)
Responsibility for Learning Resources Selection.
(1)
The selection and acquisition of the learning resources
shall be made by a Library and Media Review Committee (LMRC) at each facility,
which is composed of:
(A)
professional education staff;
(B)
librarians;
(C)
teachers; or
(D)
aides trained in the use of reviewing sources; and
(E)
administrators.
(2)
The LMRC will select learning resources that will:
(A)
stimulate growth in factual knowledge, literacy, appreciation,
aesthetic values, societal standards that will promote lifelong learning and
reading habits;
(B)
present opposing sides of controversial issues so that
youth may develop, with guidance, the practice of critical analysis and the
ability to make informed decisions in their daily lives;
(C)
enrich and support the curriculum, taking into consideration
the varied interests, abilities, learning styles, and maturity levels of the
youths;
(D)
provide a background of information that will motivate
students and staff to examine their own attitudes and behavior, to comprehend
their duties, responsibilities, rights, and privileges as participating citizens
in our society, and to make intelligent judgments in their daily lives;
(E)
guided by the physical examination, and judicious use of
standard reviewing tools and authoritative lists;
(F)
be representative of religious, ethnic, social, and cultural
groups and their contribution to our national heritage and the world community;
and
(G)
be of various formats, i.e., print, non-print, and electronic.
(d)
Selection Criteria. The criteria employed in the selection
of learning resources are:
(1)
support and be consistent with the educational goals of
the State and TYC as well as the goals and objectives of individual facility
and the courses taught;
(2)
be appropriate for the subject area, resocialization, special
treatment needs, age, emotional development, ability level, learning styles,
and social development;
(3)
meet high standards of quality in:
(A)
presentation
(B)
physical format
(C)
educational significance
(D)
readability
(E)
authenticity
(F)
artistic quality and/or literary style
(G)
factual content
(e)
TYC facilities will not show R-rated or X-rated videos
to any youth.
(f)
Other videos may be shown to TYC youth with the approval
of the principal.
(g)
Request for Reconsideration of Learning Resources.
(1)
Any resident or TYC employee may request an informal or
formal challenge of learning resources, if he/she feels the learning resources
will have a negative or harmful impact on a youth. Any request for reconsideration
of learning resources is only binding to the individual facility.
(2)
To request reconsideration of learning resources, the Request
for an Informal Reconsideration form must be completed and submitted to the
principal.
(3)
In the event that an informal challenge cannot be resolved,
the Appeal for Reconsideration of Learning Resources for a formal challenge
must be completed and submitted to the principal and the facility superintendent.
(4)
Upon the receipt of a formal request for reconsideration,
the principal shall direct the formation of a Reconsideration Committee, which
is composed of:
(A)
a teacher from the area of concern and/or grade level;
(B)
a program administrator;
(C)
a caseworker appointed by the facility superintendent or
designee; and
(D)
the principal.
(5)
The Reconsideration Committee shall review the challenged
material and decide if it conforms to the selection criteria and procedures
outlined in this policy.
(6)
The complainant has the right to appeal the decision made
by the Reconsideration Committee to the superintendent of education in central
office. If the complainant has a valid reason for not agreeing with the decision
of the superintendent of education, the complainant may appeal to the executive
director for the final decision.
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 1, 2003.
TRD-200304033
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 17, 2003
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.3
The Texas Youth Commission (TYC) proposes an amendment to §95.3,
concerning Rules of Conduct. The amendment to the section will clarify the
category I rule violation title in subsection (f)(14) to be consistent with
the terminology of controlled substance and intoxicant.
Don McCullough, 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. McCullough 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 ensure if youth is found using or possessing
any controlled substance or intoxicant consequences will occur. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to permit the
youth under jurisdiction liberty under supervision, order the youth's confinement
under conditions it believes best designed for the youth's welfare and interest
of the public, order reconfinement or renewed release, revoke or modify any
order of the commission.
The proposed rule affects the Human Resource Code, §61.034.
§95.3.Rules of Conduct.
(a)-(e)
(No change.)
(f)
Category I Rule Violations. A category I rule violation
is an act of misconduct that constitutes a crime, involves harm to the youth
or others, or threatens facility safety, security, and order. These are the
baseline rules which, when crossed, result in the most severe consequences.
These consequences include referral to criminal court, disciplinary movement,
reclassification, multi-phase demotion, and/or assignment of a disciplinary
minimum length of stay. Category I rule violations are as follows:
(1)-(13)
(No change.)
(14)
Possession of Controlled Substance/Intoxicant
[
(15)-(26)
(No change.)
(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 July 1, 2003.
TRD-200304030
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 17, 2003
For further information, please call: (512) 424-6301
Chapter 141.
GENERAL PROVISIONS
Subchapter C. SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS
Low and Medium Risk ] Offenders.
Low or Medium Risk
] Offender
- means a youth who[
:
]
is classified as a general offender
as defined in (GAP) §85.23 of this title (relating to Classification)
and has never been classified as a Sentenced Offender, Type A or B Violent
Offender, Chronic Serious Offender, Controlled Substances Dealer, or Firearms
Offender.
(A)
is classified as a general
offender and has never been classified as a Sentenced Offender, Type A or
B Violent Offender, Chronic Serious Offender, Controlled Substances Dealer,
or Firearms Offender. See (GAP) §85.23 of this title (relating to Classification);
and ]
(B)
has a parole risk score of
low or medium.]
(relating to Classification)
], plus any disciplinary extensions
to the minimum length of stay. See (GAP) §85.25 of this title (relating
to Minimum Length of Stay).
Low or Medium
Risk
] Offenders.
low or medium risk
] offender
who has completed the minimum length of stay, but has not earned phase
4
[
four (4)
] on all three (3) components of Resocialization,
see (GAP) §87.3 of this title (relating to Resocialization Program),
will be released on parole when the following requirements are met:
low or medium risk
] offender who has not earned phase 4 on all three (3) components of
Resocialization must not have been found during the 90 days immediately preceding
the release to have:
low or medium risk
] offender who has not earned
phase 4 on all three (3) components of Resocialization[
,
] will
not be released on parole unless:
All TYC youth shall by law,
be discharged by age 21.
]
(c)
] Youth may be recommended for
early discharge when specific criteria have been met. Discharge criteria shall
be applied according to classification or to special circumstance. Eligibility
for discharge according to classification is controlled by the most serious
offense for which the youth has ever been classified.
(d)
] Discharge Criteria.
(TDJC)
] pursuant to an order issued by
the juvenile court at a transfer hearing;
(relating to Program Completion and Movement of Sentenced
Offenders)
]. Time on the sentence includes the time spent in detention
in connection with the committing case plus time spent at TYC under the order
of commitment:
(relating
to Program Completion and Movement of Sentenced Offenders)
];
the
Texas Department of Criminal Justice (TDCJ)
] consistent with (GAP) §85.33
of this title (relating to Program Completion and Movement of Sentenced Offenders).
type
]
A violent offenders shall be discharged
prior to the 21st birthday, unless
the youth is subject to a determinate sentence
[
when age 21 is
reached
].
type
]
B violent offender, chronic serious offender, controlled substance dealer,
or firearms offender and never classified as
Type
[
type
]
A violent or sentenced offender, shall be discharged when one of the following
occurs:
age 21 is reached
]; or
type
] A violent or sentenced offender,
shall be discharged when one of the following occurs;
age 21 is reached
]; or
Court
] ordered reversal of
commitment
;
[
.
]
The
] youth being sentenced
to prison
;
[
.
]
Commitment
] to Texas
Department of Mental Health and Mental Retardation when the minimum length
of stay has been completed
;
[
.
]
Enlistment
] in the military
;
[
.
]
Closing
] of records following
a youth's death or recommitment
;
[
.
]
Discharge
] by the executive
director or his designee for any other reason, such as an illness or injury
which prevents a youth's return to active program participation
;
[
.
]
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 as
specified in (GAP) §87.79 of this title (relating to Discharge of Mentally
Ill and Mentally Retarded Youth).
type
] A violent offender shall be discharged under
the following circumstances:
(e)
]Positive Parole Adjustment.
For purposes of discharge, positive parole adjustment shall be shown by documentation
that a youth:
five
] of resocialization and community service
requirements; and
(f)
] Waiver. Youth of any classification
except sentenced offender and Type A violent offender who are age 18 or older
may be discharged prior to completion of discharge criteria for the purpose
of obtaining services that cannot be obtained for a juvenile. Such early discharge
must be justified to and approved by the deputy executive director.
(g)
] A youth's primary service
worker (PSW) shall immediately notify the youth of the discharge. The PSW
shall provide the youth a written explanation on procedures for sealing records
utilizing the Sec. 58.003 Sealing of Files and Records form and a copy will
be provided to the parent/guardian or custodian.
Chapter 91.
PROGRAM SERVICES
Chapter 95.
YOUTH DISCIPLINE
Possession or Use of Substance
]--youth is found to be using or possessing
any controlled substance or intoxicant. This also includes tobacco for youth
in a residential placement.
Part 5.
TEXAS BOARD OF PARDONS AND PAROLES