Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter B. PLACEMENT PLANNING
37 TAC §85.25
The Texas Youth Commission (TYC) proposes an amendment to §85.25,
concerning Minimum Length of Stay. The amendment to the section will update
a reference due to the repeal of another rule. The requirements relating to
length of stay for sentenced offenders will now be found in §85.33.
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 the use of accurate and current rules among
all TYC facilities. 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 e-mail 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 order a youth's
confinement under conditions it believes best designed for the youth's welfare
and the interests of the public.
The proposed amendment affects the Human Resource Code, §61.034.
§85.25.Minimum Length of Stay.
(a)
(No change.)
(b)
Applicability.
(1)
Except where specifically named, requirements herein do
not apply to sentenced offenders. See
(GAP) §85.33 of this title
(relating to Program Completion and Movement of Sentenced Offenders)
[
(2)
(No change.)
(c) - (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 May 2, 2003.
TRD-200302756
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 15, 2003
For further information, please call: (512) 424-6014
37 TAC §85.29
The Texas Youth Commission (TYC) proposes an amendment to §85.29,
concerning Program Completion and Movement of Other Than Sentenced Offenders.
The amendment to the section will update a reference due to the repeal of
another rule. The amendment will also specify that a youth will not be eligible
for transition or release under this policy unless the youth has not committed
a category 1 rule violation within 90 days of the transition/release review.
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 the use of accurate and current rules among
all TYC facilities. 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 e-mail 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 order a youth's
confinement under conditions it believes best designed for the youth's welfare
and the interests of the public.
The proposed amendment affects the Human Resource Code, §61.034.
§85.29.Program Completion and Movement of Other Than Sentenced Offenders.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
This rule does not apply to sentenced offenders. See (GAP) §85.33
of this title (relating to Program Completion and Movement of Sentenced Offenders
[
(3)
(No change.)
(c) - (d)
(No change.)
(e)
Program Completion Criteria and Movement.
(1)
Youth Whose Classifying Offense is Type A Violent Offender.
(A)
Criteria. A type A violent offender youth will be eligible
for transition/release to a placement of less than high restriction when the
following criteria have been met:
(i)
no category I rule violations within 90
days prior to the transition/release review; and
(ii)
[
(iii)
[
(B)
(No change.)
(2)
Youth Whose Classifying Offense is Other Than Type A Violent
Offender.
(A)
Criteria. A youth other than a type A violent offender
youth will be eligible for transition/release to a placement of less than
high restriction when the following criteria have been met:
(i)
no category I rule violations within 90
days prior to the transition/release review; and
(ii)
[
(I)
completion except three months for transition to medium
restriction for youth assigned a classification MLS of less than 12 months
and is low risk to fail to complete program requirements at medium restriction
placement; or
(II)
completion except six months for transition to medium
restriction for youth assigned a classification MLS of 12 or more months and
is low risk to fail to complete program requirements at medium restriction
placement; or
(III)
completion of the entire MLS for release to home level
restriction; and
(iii)
[
(I)
phase 3 on all three components of resocialization for
transition to medium restriction (for youth classified on or after January
1, 1996), (not applicable to youth in contract placements); and
(II)
phase 4 on all three components of resocialization for
release to home level restriction (for youth classified on or after January
1, 1996), (not applicable to youth in contract placements).
(B)
(No change.)
(3)
(No change.)
(f) - (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 May 2, 2003.
TRD-200302757
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 15, 2003
For further information, please call: (512) 424-6014
37 TAC §85.33
The Texas Youth Commission (TYC) proposes an amendment to §85.33,
concerning Program Completion and Movement of Sentenced Offenders. The amendment
to the section will update terminology, add criteria for military enlistment
for certain youth on parole, and clarify the procedures for transfer from
TYC to TDCJ.
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 efficient and timely release or transfer
of eligible TYC youth. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. No private real property rights are affected by adoption
of this rule.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or e-mail to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.081
and §61.084, which provide the Texas Youth Commission with the authority
to release under supervision youth in its custody and to terminate control
pursuant to applicable state law.
The proposed amendment affects the Human Resource Code, §61.034.
§85.33.Program Completion and Movement of Sentenced Offenders.
(a) - (b)
(No change.)
(c)
Explanation of Terms Used.
(1) - (4)
(No change.)
(5)
Type
[
(6)
Type
[
(d)
General Restrictions. Due to the nature of determinate
sentences, some rules governing the classification, placement, release, transition,
parole status, and disciplinary movement of sentenced offenders must be applied
differently. Specifically:
(1)
Classification. A youth classified at commitment as a sentenced
offender shall retain a sentenced offender classification as long as the youth
remains under the jurisdiction of TYC as a result of that commitment.
The offense for which the youth received the determinate sentence will remain
the youth's classifying offense until the sentence has expired even if the
youth's TYC parole is revoked following a Level I hearing.
See (GAP) §85.23
of this title (relating to Classification).
(2)
(No change.)
(e)
Program Completion Processes.
(1) - (3)
(No change.)
(4)
Progress toward successful completion of criteria shall
be evaluated by the Special Services Committee six
(6)
months after
admission to TYC
,
[
(A) - (B)
(No change.)
(5)
(No change.)
(f)
Youth sentenced to commitment in the Texas Youth Commission
(TYC) for offenses committed on or after January 1, 1996.
(1)
General Requirements.
(A) - (F)
(No change.)
(G)
Military Enlistment. A sentenced offender
may be allowed to enlist in the military while on TYC Parole if certain conditions
are met. A sentenced offender who is accepted for enlistment by the military
will not be discharged from the determinate sentence until the sentence is
complete. His/her TYC parole supervision will be conducted via phone calls,
letters and through face-to-face contacts (when possible) until the sentence
is completed. The following conditions must be met:
(i)
The youth must be able to complete his/her sentence prior
to his/her 21st birthday; and
(ii)
The youth must have served at least 12 months consecutively
on TYC parole prior to the enlistment date; and
(iii)
The youth must have been assigned to the minimum level
of parole supervision for at least three (3) months consecutively prior to
the enlistment date; and
(iv)
The youth must have completed the parole phase of resocialization
prior to the enlistment date; and
(v)
The youth must have no more than six (6) months left to
serve on the sentence on the enlistment date; and
(vi)
The youth must reside in Texas at the time of enlistment.
(2)
Program Completion Criteria and Movement.
(A)
Youth Whose Classifying Offense is a
Type
[
(i)
Criteria. A
type
[
(I)
no category I rule violations within 90
days prior to the transition/release review; and
(II)
[
(III)
[
(ii)
Procedure. The release of a qualified youth from a high
restriction facility to either medium restriction or home level restriction
may occur as follows:
(I)
Staff must develop a release plan that identifies risk
factors and
addresses
[
(II) - (X)
(No change.)
(iii)
(No change.)
(B)
Youth Whose Classifying Offense is a
Type
[
(i)
Criteria. A
type
[
(I)
no category I rule violations within 90
days prior to the transition/release review; and
(II)
[
(III)
[
[(-a-)
phase 3 on all three components of
resocialization for transition to medium restriction; or]
[(-b-)
phase 4 on all three components of
resocialization for release to home level restriction.]
(ii)
Procedure. The release of a qualified youth from a high
restriction facility to either medium restriction or home level restriction
may occur as follows:
(I)
Staff must develop a release plan that identifies risk
factors and
addresses
[
(II) - (VII)
(No change.)
(C)
(No change.)
(3)
Transfer From TYC High Restriction To TDCJ, Institution
Division. Transfer from a high restriction facility to the Texas Department
of Criminal Justice, Institutional Division
(TDCJ-ID)
may occur
as described in this paragraph.
(A)
(No change.)
(B)
Criteria For Youth Whose Parole Has Been Revoked. A transfer
shall occur if ordered by the juvenile court. TYC may request a juvenile court
hearing for a youth whose parole has been revoked and the following criteria
have been met:
(i)
(No change.)
[(ii)
youth's parole was revoked for:]
[(I)
felony, Class A misdemeanor, or a high risk offense; or]
[(II)
any other violation which resulted in placement in an
intermediate sanction program at which the youth has failed to progress; and]
(ii)
[
(iii)
[
(C)
Criteria For Other Youth. A transfer shall occur if ordered
by the juvenile court. TYC may request a juvenile court hearing for any other
youth if the following criteria have been met:
(i)
(No change.)
(ii)
youth has spent at least six
(6)
months in
a high restriction facility; and
(iii)
(No change.)
(iv)
youth has met at least one
(1)
of the following
behavior criteria:
(I)
(No change.)
(II)
youth persistently has committed category I rule violations
(on three
(3)
or more occasions); or
(III)
youth has engaged in chronic disruption of program (five
(5)
security admissions or extensions in one
(1)
month or
ten
(10)
in three
(3)
months); or
(IV)
(No change.)
(v) - (vi)
(No change.)
(D)
(No change.)
(4)
Transfer From TYC High or Medium Restriction To TDCJ, Parole
Division. Transfer from a medium or high restriction facility to the TDCJ,
Parole Division
(TDCJ-PD)
shall occur (court approval is not required)
based on the youth's age as follows.
(A)
Age 19 Factor.
(i)
Criteria. A youth who reached age 19 while in a high restriction
facility will be transferred to
(TDCJ-PD)
[
(ii)
Procedure.
(I)
Staff must develop a release plan that identifies risk
factors and
addresses
[
(II) - (IV)
(No change.)
(V)
The administrator of sentenced offender disposition will
review the release packet and other supplemental information including Incident
Reports, delinquent history, chronological entries, phase progression reports,
and youth discipline/movement records to determine and ensure compliance with
agency policy regarding release criteria and sufficiency of the release plan
[
(VI) - (IX)
(No change.)
(X)
Upon notification of release approval,
the TYC/TDCJ liaison will submit the packet requesting transfer of the offender
to TDCJ-PD. Within 90 days of receipt, TDCJ will process the information and
forward to the Texas Board of Pardons and Paroles who will set the conditions
for release. On receipt of the conditions, the TYC/TDCJ liaison will notify
the sending facility of the parole conditions and coordinate the release process.
(XI)
[
(B)
At Age 21.
(i)
Criteria.
(I)
At age 21, a youth who was sentenced for any offense other
than capital murder and who has not completed the sentence will be transferred
to
TDCJ-PD
[
(II)
At age 21, a youth sentenced for capital murder, who has
not completed the sentence and who has not been transferred to TDCJ or released
under supervision (movement from high restriction) by juvenile court order
will be transferred to:
(-a-)
TDCJ-ID
[
(-b-)
TDCJ-PD
[
(ii)
Procedure.
(I)
Prior to 90 days before the youth's 21st birthday, staff
must develop a
release
[
(II)
(No change.)
(III)
The
TYC/TDCJ liaison
[
(IV)
The final arrangements for the transfer are made
by the department of sentenced offender disposition. The TYC/TDCJ liaison
[
(5)
Transfer From TYC Home Parole to TDCJ, Parole Division.
(A)
Criteria. Transfer from TYC parole at home level restriction
to
TDCJ-PD
[
(B)
Procedure.
(i)
Prior to 90 days before the youth's 21st birthday,
the
parole/quality assurance supervisor must develop
a summary
of TYC adjustment and recommendations for
a continuing parole plan.
The plan should reflect communication with
the department of sentenced
offender disposition
[
(ii)
(No change.)
(iii)
The
TYC/TDCJ liaison
[
(iv)
The TYC/TDCJ liaison will contact the parole/quality
assurance supervisor
[
(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 May 2, 2003.
TRD-200302758
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 2, 2003
For further information, please call: (512) 424-6014
37 TAC §85.37
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal
of §85.37, concerning Sentenced Offender Disposition. The repeal of the
section is necessary because the policy governing transition and release procedures
for sentenced offenders is now included in §85.33, concerning Program
Completion and Movement of Sentenced Offenders.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the repeal is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeal.
Mr. McCullough also has determined that for each year of the first five
years the repeal is in effect the public benefit anticipated as a result of
enforcing the repeal will be the efficient and timely transition and release
of eligible youth. There will be no effect on small businesses. There is no
anticipated economic cost to persons who are required to comply with the repeal
as proposed. No private real property rights are affected by adoption of this
repeal.
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 e-mail to deanna.lloyd@tyc.state.tx.us.
The repeal is proposed under the Human Resources Code, §61.084,
which provides the Texas Youth Commission with the authority to discharge
eligible youth from its custody pursuant to applicable state law.
The proposed repeal affects the Human Resource Code, §61.034.
§85.37.Sentenced Offender Disposition.
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 May 2, 2003.
TRD-200302759
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 15, 2003
For further information, please call: (512) 424-6014
Subchapter A. PROGRAM PLANNING
37 TAC §87.1
The Texas Youth Commission (TYC) proposes an amendment to §87.1,
concerning Case Planning. The amendment to the section will delete a reference
to another rule which is being repealed.
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 the use of accurate and current rules among
all TYC facilities. 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 e-mail 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 require youth
in its care to participate in correctional training.
The proposed amendment affects the Human Resource Code, §61.034.
§87.1.Case Planning.
(a)
(No change.)
[(b)
Applicability. The Individualized Case
Plan (ICP) for sentenced offenders is developed in accordance with guidelines
of this rule as far as possible and within the restrictions of (GAP) §85.37
of this title (relating to Sentenced Offender Disposition).]
(b)
[
(1)
Case Management System--The standardized process used throughout
the Texas Youth Commission (TYC)
[
(2)
Individual Case Plan
(ICP)
--The individualized
plan for each youth that assesses a youth's needs and strengths, identifies
objectives with specific strategies to address both needs and strengths, and
is reviewed and adjusted as the youth progresses or as new needs are identified.
A document by the same title is used to record and maintain the plan.
(3)
Primary Service Worker
(PSW)
--The generic title
given to persons at each TYC program who are assigned the primary responsibility
for the case work for individual youth and for the administration of the case
management system.
(c)
[
(d)
[
(e)
[
(f)
[
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 May 2, 2003.
TRD-200302760
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 15, 2003
For further information, please call: (512) 424-6014
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.7
The Texas Youth Commission (TYC) proposes an amendment to §95.7,
concerning Reclassification Consequence. The amendment to the section will
delete a reference to another rule which is being repealed.
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 the use of accurate and current rules among
all TYC facilities. 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 order a youth's
confinement under conditions it believes best designed for the youth's welfare
and the interests of the public.
The proposed rule affects the Human Resource Code, §61.034.
§95.7.Reclassification Consequence.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth. See (GAP) §85.33 of this
title (relating to Program Completion and Movement of Sentenced Offenders).
[
(c) - (f)
(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 May 2, 2003.
TRD-200302763
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 15, 2003
For further information, please call: (512) 424-6014
37 TAC §95.9
The Texas Youth Commission (TYC) proposes an amendment to §95.9,
concerning Parole Revocation Consequence. The amendment to the section will
update a reference due to the repeal of another 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 the use of accurate and current rules among
all TYC facilities. 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 order a youth's
confinement under conditions it believes best designed for the youth's welfare
and the interests of the public.
The proposed rule affects the Human Resource Code, §61.034.
§95.9.Parole Revocation Consequence.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth. See
(GAP) §85.33
of this title (relating to Program Completion and Movement of Sentenced Offenders).
[
(c) - (e)
(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 May 2, 2003.
TRD-200302765
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 15, 2003
For further information, please call: (512) 424-6014
37 TAC §95.11
The Texas Youth Commission (TYC) proposes an amendment to §95.11,
concerning Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion
of Phase Consequence. The amendment to the section will update a reference
due to the repeal of another rule. Procedures for sentenced offenders in addition
to those established in this rule can now be found in §85.33.
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 the use of accurate and current rules among
all TYC facilities. 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 order a youth's
confinement under conditions it believes best designed for the youth's welfare
and the interests of the public.
The proposed rule affects the Human Resource Code, §61.034.
§95.11.Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion of Phase Consequence.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth. See
(GAP) §85.33
of this title (relating to Program Completion and Movement of Sentenced Offenders)
[
(c) - (e)
(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 May 2, 2003.
TRD-200302761
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 15, 2003
For further information, please call: (512) 424-6014
Subchapter A. SECURITY AND CONTROL
(GAP) §85.37 of this title (relating to Sentenced Offender Disposition)
] for additional information. The Texas Youth Commission (TYC) complies
with the orders of the committing court regarding sentences for youth sentenced
to commitment to TYC.
and §85.37 of this title (relating to Sentenced Offender Disposition
]).
(i)
] completion of the Minimum
Length of Stay (MLS); and
(ii)
] completion of phase 4 on
all three components of resocialization.
(i)
] completion of minimum length
of stay requirements:
(ii)
] completion of phase requirements;
Category
] 1 offenses--The offenses,
specifically the commission, attempted commission, conspiracy to commit, solicitation,
solicitation of a minor to commit, or engaging in organized criminal activity
to commit: murder, capital murder, sexual assault, or aggravated sexual assault,
the commission of which was on or after January 1, 1996, and for which a youth
has been given a determinate sentence.
Category
] 2 offenses--The offenses,
except
type
[
category
] 1 offenses, committed on or after
January 1, 1996, for which a youth has been given a determinate sentence.
and
] when the minimum period of confinement
is complete
, on or about the youth's 20th birthday,
and at other
times as requested by the Committee. The review will be documented on the
Review of Progress Toward Successful Completion of Release Criteria for Sentenced
Offenders
form,
CCF-155.
Category
] 1 Offense.
category
] 1 sentenced
offender youth will be eligible for transition/release to a placement of less
than high restriction when the following criteria have been met:
(I)
] completion of the minimum
period of confinement, except as provided in clause (iii) of this subparagraph;
and
(II)
] completion of phase 4 [
on all three components of
] resocialization
goals
.
is adequate to ensure
] public
safety and positive reintegration. Staff must also develop a release packet
of information.
Category
] 2 Offense.
category
] 2 sentenced
offender youth will be eligible for transition/release to a placement of less
than high restriction when the following criteria have been met:
(I)
] completion of the minimum
period of confinement; and
(II)
] completion of phase
4 resocialization goals.
[
requirements:
]
is adequate to ensure
] public
safety and positive reintegration. Staff must also develop a release packet
of information.
(iii)
] youth has not completed
his/her sentence; and
(iv)
] youth's conduct indicates
that the welfare of the community
requires
[
require
]
the transfer.
TDCJ, Parole Division
] when he becomes eligible for parole release.
A youth who reached
the age of 19 while in a high restriction facility and was released to TYC
medium restriction will be maintained on institutional status pending the
transfer to TDCJ-PD, but cannot be returned to a TYC high restriction facility
without a Level I hearing.
is adequate to ensure
] public
safety and positive reintegration. The plan should reflect communication with
the department of sentenced offender disposition
[
a TDCJ parole
officer
] regarding available resources. Staff must develop a release
packet of information.
and submit the packet requesting transfer of the offender to TDCJ, Parole
Division. Within 90 days of receipt, TDCJ will process the information and
forward to the Texas Board of Pardons and Paroles who will set the conditions
for release. On receipt of the conditions, the administrator of sentenced
offender disposition will insert the conditions into the release packet
]
and forward the packet to the juvenile corrections department in central office.
(X)
] The final arrangements for
the transfer are made by the department of sentenced offender disposition.
The
TYC/TDCJ liaison
[
administrator of the department of sentenced
offender disposition
] will contact
TDCJ-PD and the superintendent/quality
assurance administrator
[
TDCJ, Parole Division
] to confirm
the
transfer date. TDCJ personnel will serve the Order of Transfer in
person on that day, at which time the sentenced offender youth is discharged
from the TYC and transferred to the
TDCJ-PD
[
TDCJ, Parole
Division
].
TDCJ, Parole Division
].
TDCJ-Institution Division
],
if he has not completed the 10-year minimum confinement period under paragraph
(f)(3) of this subsection; or
TDCJ-Parole Division
],
if he has completed the 10-year minimum confinement period.
transition
] plan
that identifies
risk factors and addresses public safety and positive reintegration
.
The plan should reflect communication with
the department of sentenced
offender disposition
[
a TDCJ parole officer
] regarding available
resources. Staff must develop a packet requesting transfer of the offender
to TDCJ-PD.
administrator of
sentenced offender disposition
] will review the documentation and submit
to
TDCJ-PD
[
TDCJ, Parole Division
]. Within 90 days of
receipt, TDCJ will process the information and forward to the Texas Board
of Pardons and Paroles who will set the conditions for release. On receipt
of the conditions the
TYC/TDCJ liaison
[
administrator of sentenced
offender disposition
] will notify the superintendent and/or quality
assurance administrator of the
parole
conditions and coordinate
the release process.
The superintendent/quality assurance administrator will contact
the department of sentenced offender disposition who
] will contact the
TDCJ-PD and the parole supervisor
[
TDCJ, Parole Division
]
to confirm the transfer date (
to occur on or about the
youth's
21st birthday). TDCJ personnel will serve the Order of Transfer in person
on that day, at which time the sentenced offender youth is discharged from
TYC and transferred to
TDCJ-PD
[
TDCJ, Parole Division
].
TDCJ, Parole
], shall occur (court approval
not required) at age 21 if the youth has not completed his/her sentence.
a TDCJ parole officer
] regarding available
resources. Staff must develop a packet requesting transfer of the offender
to TDCJ-PD.
administrator of
sentenced disposition
] will review the documentation and submit to
TDCJ-PD
[
TDCJ, Parole Division
]. Within 90 days of receipt,
TDCJ will process the information and forward to the Texas Board of Pardons
and Paroles who will set the conditions for release. On receipt of the conditions
the administrator of sentenced offender disposition will notify the
parole/quality assurance supervisor
[
superintendent and/or quality
assurance administrator
] of the conditions and coordinate the transfer
process.
The parole/quality assurance supervisor will
contact the department of sentenced offender disposition
] and
TDCJ-PD
[
TDCJ, Parole Division
] to confirm
the
transfer
date (
on or about the
youth's 21st birthday), at which time the
youth will be discharged from TYC and transferred to
TDCJ-PD
[
TDCJ, Parole Division
].
Chapter 87.
TREATMENT
(c)
] Definitions.
TYC
] to ensure that each
youth receives fair and appropriate attention and that each youth experiences
treatment based on individually identified needs and strengths.
(d)
] An ICP will be developed with
and for each youth by the
PSW
[
primary service worker
].
The plan will be periodically updated. The plan will be developed in accordance
with the resocialization program and identified needs and must specify measurable
objectives, expected outcomes and a means to evaluate progress. See (GAP) §87.3
of this title (relating to Resocialization Program).
(e)
] The ICP will be initiated during
the assessment process.
(f)
] the ICP development shall include
long and short-term objectives and shall be developed with the youth and family
when possible.
(g)
] Objectives must be written
so that they may be achieved within a period of time no longer than the required
minimum length of stay or the expected length of stay at each program.
Chapter 95.
YOUTH DISCIPLINE
Also see (GAP) §85.37 of this title (relating to Sentenced Offender
Disposition).
]
(GAP) §85.29 of this title (relating to Program Completion
and Movement). Also see (GAP) §85.37 of this title (relating to Sentenced
Offender Disposition).
]
(GAP) §85.37 of this title (relating to Sentenced Offender
Disposition)
].
Chapter 97.
SECURITY AND CONTROL