37 TAC §85.35
The Texas Youth Commission (TYC) adopts new §85.35,
concerning Maximum Length of Stay for Low and Medium Risk Offenders, with
changes to the proposed text as published in the January 31, 2003, issue of
the
Texas Register
(28 TexReg 918). The change
includes a minor grammar change.
The justification for the new rule is to provide the agency authority to
discharge a youth who do not complete the resocialization program within the
minimum length of stay. When the length of institutional stay for these youth
becomes disproportionate relative to the severity of their committing offense
and level of risk to the community, provision must be made to cut short their
resocialization program in the institution and plan for their supervision
and services on parole.
The new rule would avoid undue confinement in an institutional setting
for youth who have not completed the resocialization program, but have exceeded
the minimum length of stay.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to discharge
a youth from an institution setting to best serve the youth's welfare and
the protection of the public.
The adopted rule implements the Human Resource Code, §61.034.
§85.35.Maximum Length of Stay for Low and Medium Risk Offenders.
(a)
Purpose. The Resocialization Program is designed for youth
who reasonably apply themselves to complete the program within their assigned
minimum length of stay. There are, however, a small number of resistant youth
who do not complete the resocialization program within the minimum length
of stay. When the length of institutional stay for these youth becomes disproportionate
relative to the severity of their committing offense and level of risk to
the community, provision must be made to cut short their resocialization program
in the institution and plan for their supervision and services on parole.
(b)
Applicability. This rule does not apply to any other movement
without program completion or general offenders who have completed program
requirements. See (GAP) §85.29 of this title (relating to Program Completion
and Movement of Other Than Sentenced Offenders).
(c)
Explanation of Terms Used.
(1)
Low or Medium Risk Offender - means a youth who:
(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.
(2)
Minimum Length of Stay - means the assigned minimum length
of stay for the youth's classification, see (GAP) §85.23 of this title
(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).
(d)
Parole Release for Low or Medium Risk Offenders.
(1)
A low or medium risk offender who has completed the minimum
length of stay, but has not earned phase 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:
(A)
four (4) months have elapsed since completion of the minimum
length of stay and the youth has earned at least phase 3 on all three (3)
components of Resocialization;
(B)
eight (8) months have elapsed since completion of the minimum
length of stay and the youth has earned at least phase 2 on all three (3)
components of Resocialization; or
(C)
12 months have elapsed since completion of the minimum
length of stay and the youth has earned at least phase 1 on all three (3)
components of Resocialization.
(2)
Notwithstanding the time that has elapsed since completion
of the minimum length of stay, a 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:
(A)
engaged in aggressive or assaultive misconduct in a level
III hearing according to (GAP) §95.57 of this title (relating to Level
III Hearing Procedure); or
(B)
engaged in any misconduct in a Level I or Level II hearing
according (GAP) §95.51 of this title (relating to Level I Procedures)
and (GAP) §95.55 of this title (relating to Level II Procedures).
(3)
Notwithstanding the time that has elapsed since completion
of the minimum length of stay or since an incident of misconduct, a 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:
(A)
alternative interventions to facilitate the youth's progress
have been tried without success; and
(B)
there is a suitable release plan addressing the youth's
risk factors in the community and the services and level of supervision that
will be provided the youth upon 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 April 29, 2003.
TRD-200302685
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: May 19, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-6301