Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter B. PLACEMENT PLANNING
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 January 30, 2004, issue of the
Texas Register
(29 TexReg 924).
The justification for amending the section is the availability of accurate,
clear and current policy.
The amendment adds references to other rules which can have an impact on
a youth's minimum length of stay.
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 proper accomplishment of its functions.
The adopted rule implements the Human Resources 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 March 1, 2004.
TRD-200401649
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 21, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 424-6014
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.3
The Texas Youth Commission (TYC) adopts an amendment to §95.3,
concerning Rules of Conduct, without changes to the proposed text as published
in the January 30, 2004, issue of the
Texas Register
(29 TexReg 924).
The justification for amending the section is to ensure that definitions
of TYC rule violations continue to be in keeping with the original intent.
The amendment makes minor changes and clarifications to the definitions
of several TYC rule violations. Additionally, failure of a youth to report
personal knowledge of facts, which are not known to staff, concerning a rule
violation by another youth has been added as a separate rule violation. It
is no longer grouped together with attempting, aiding, or abetting the commission
of a rule violation.
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 proper accomplishment of its functions.
The adopted rule implements the Human Resources 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 March 1, 2004.
TRD-200401650
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 21, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 424-6014
37 TAC §§95.7, 95.9, 95.11
The Texas Youth Commission (TYC) adopts amendments to §95.7
Reclassification Consequence; §95.9 Parole Revocation Consequence; and §95.11
Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion of Phase Consequence
with changes to the proposed text as published in the January 30, 2004, issue
of the
Texas Register
(29 TexReg 926). Changes
to the proposed text consist of minor grammatical corrections.
The justification for amending the sections is the efficient and consistent
application of TYC policy.
The amendments to §95.7 Reclassification Consequence and §95.9
Parole Revocation Consequence provide that the minimum length of stay assigned
as a result of a due process hearing may later be reduced based on the youth's
behavior and progress toward goals.
The amendment to §95.11 Disciplinary Transfer/Assigned Minimum Length
of Stay/Demotion of Phase Consequence establishes that youth on parole status
may not receive demotions to their Resocialization phases as the result of
a Level II due process hearing. A new subsection lists the category I rule
violations which qualify a youth on parole status for disciplinary transfer
to medium restriction or assignment of a disciplinary minimum length of stay.
This new subsection also establishes the possible outcomes if extenuating
circumstances are found during a Level II due process hearing for a youth
on parole status.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order a child's
confinement under conditions it believes best designed for the child's welfare
and the interests of the public, and to order reconfinement as often as conditions
indicate to be desirable.
The adopted rule implements the Human Resources Code, §61.034.
§95.7.Reclassification Consequence.
(a)
Purpose. The purpose of this rule is to provide for the
reclassification of a youth as a disciplinary consequence for commission of
a high risk offense. Reclassification is considered a major consequence.
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in (GAP) §95.51 of this title (relating to Level I Hearing Procedure).
(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)
Explanation of Terms Used. A high risk offense - is any
category I rule violation which may result in a classification other than
general offender or violator of Conduct Indicating Need for Supervision (CINS)
probation.
(d)
Reclassification Criteria and Disposition.
(1)
If a high risk offense is proved, the youth will be assigned
the appropriate classification for that offense. A youth may be reclassified
to the classification appropriate to the offense, regardless of the current
classification (except sentenced offenders).
(2)
If a high risk offense is proved and extenuating circumstances
are found incident to the offense, the youth will be assigned a classification
which is appropriate under the rules for waiver of classification. Extenuating
circumstances are defined in (GAP) §85.23 of this title (relating to
Classification).
(3)
If a youth on parole status is reclassified for a high
risk offense, the youth's parole is revoked and youth is placed in high restriction.
(4)
If a sentenced offender youth is found to have committed
a high risk offense, he/she may be assigned to any appropriate placement.
The appropriate placement is selected according to the totality of the circumstances,
including the youth's age, sentencing offense, length of time and progress
in TYC custody, and the nature of the misconduct for which the youth is being
disciplined.
(e)
Additional Disposition Options. If a youth currently assigned
to a TYC operated institution is found in a Level I hearing to have engaged
in a high risk offense, other dispositions may be made by the hearing examiner,
but only if such conduct meets the criteria and is specifically requested
in the initial hearing request for the Level I reclassification hearing. If
extenuating circumstances are found by the hearing examiner according to the
Level I hearing, other eligible dispositions may be assessed if the hearing
examiner decides that such dispositions are appropriate despite the finding
of extenuation to the reclassifying conduct. Disposition options are as follows:
(1)
Aggression Management Program. A placement in the Aggression
Management Program (AMP) may be requested for a youth who is currently assigned
to a TYC operated institution under (GAP) §95.21 of this title (relating
to Aggression Management Program). All policy and program requirements of
(GAP) §95.21 of this title will apply to the assignment in AMP.
(2)
Behavior Management Program.
(A)
A placement in the Behavior Management Program (BMP) may
be requested for certain youth under (GAP) §95.17 of this title (relating
to Behavior Management Program). All policy and program requirements of (GAP) §95.17
of this title will apply to the assignment in BMP.
(B)
A maximum length of stay in BMP shall run concurrently
with any new reclassification minimum length of stay.
(f)
Restrictions.
(1)
A Level I hearing is required in order to reclassify a
youth.
(2)
When local authorities make a written request to defer
an allegation to their jurisdiction for prosecution, TYC will cancel the directive,
unless a due process hearing will be scheduled on other allegation(s). A due
process hearing on any allegation(s) shall be scheduled within seven days
(excluding weekends and holidays).
(3)
The minimum length of stay assigned under this policy may
be reduced based on the youth's behavior and progress toward goals.
§95.9.Parole Revocation Consequence.
(a)
Purpose. The purpose of this rule is to provide for the
revocation of parole status as a disciplinary consequence for behavior that
presents an unacceptable risk to the safety of persons and property. Parole
revocation is considered a major consequence.
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in (GAP) §95.51 of this title (relating to Level I Hearing Procedure).
(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)
Explanation of Terms Used. A high-risk offense - is any
category I violation which may result in a classification other than general
offender or violator of Conduct Indicating a Need for Supervision (CINS) probation.
(d)
Criteria and Disposition.
(1)
Parole will be revoked if it is found at a Level I hearing
that a youth has:
(A)
committed a high-risk offense;
(B)
committed a felony; or
(C)
committed one (1) of the following category I rule violations
as defined in (GAP) §95.3 of this title (relating to Rules of Conduct),
and has previously been classified for a high-risk offense:
(i)
Violate any Law;
(ii)
Escape, Attempted Escape, or Abscond;
(iii)
Injury to Self;
(iv)
Possession of a Weapon;
(v)
Possession or Use of Unauthorized Substance or Intoxicant;
(vi)
Refusing a Drug Screen;
(vii)
Participation in a Riot; or
(viii)
Two or more Failures to Comply with Written Reasonable
Request.
(2)
Parole of a general offender or a violator of CINS probation
is revoked if it is found at a Level I hearing that the youth has committed
one (1) of the category I rule violations listed above; and
(A)
the violation was committed, in whole or in part, within
90 days of imposition of a less severe disciplinary consequence; or
(B)
the youth is a threat to the safety of persons or property.
(3)
If extenuating circumstances are found incident to a high-risk
offense, parole is revoked, but the high-risk classification may be waived
pursuant to (GAP) §85.23 of this title (relating to Classification).
(4)
If extenuating circumstances are found incident to any
violation other than a high-risk offense, parole is not revoked. See extenuating
circumstances discussed in (GAP) §85.23 of this title (relating to Classification).
(5)
If criteria for revocation are not established at a Level
I hearing, the youth's parole is not revoked, but lesser disciplinary consequences
may be imposed for any rule violation(s) proved at the hearing.
(e)
Restrictions.
(1)
A Level I hearing is required in order to revoke a youth's
parole status.
(2)
When local authorities make a written request to defer
an allegation to their jurisdiction for prosecution, Texas Youth Commission
(TYC) will cancel the directive, unless a due process hearing will be scheduled
on other allegation(s). A due process hearing on any allegation(s) shall be
scheduled within seven days (excluding weekends and holidays).
(3)
If a youth is on parole from another state and is being
supervised by TYC under agreement with the other state, a parole revocation
hearing is held by TYC and the youth returned to the sending state, coordinated
by the interstate compact administrator and general counsel.
(4)
If a TYC parolee commits an offense in another state, the
return of such youth is coordinated by the interstate compact administrator
and the general counsel. A parole revocation hearing is coordinated by and
held at the request of the assigned parole officer.
(5)
The minimum length of stay assigned under this policy may
be reduced based on the youth's behavior and progress toward goals.
§95.11.Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion of Phase Consequence.
(a)
Purpose. The purpose of this rule is to provide for the
movement of a Texas Youth Commission (TYC) youth to an appropriate placement,
assignment of a minimum length of stay, and/or demotion of one or more behavior
phases as disciplinary consequences for behavior that violates rules. Disciplinary
transfer, assignment of a disciplinary minimum length of stay, and demotion
of one or more behavior phases are considered major consequences.
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in (GAP) §95.55 of this title (relating to Level II Hearing Procedure).
(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)
Criteria and Disposition for Disciplinary Transfer, Disciplinary
Assigned Minimum Length of Stay, and Demotion of One or More Behavior Phases
for Youth on Institutional Status.
(1)
If it is found at a Level II hearing that the youth has
failed on two (2) or more occasions to comply with a written reasonable request
of staff that is either present in the Individual Case Plan (ICP) or is validly
related to previous high risk behavior, a youth may receive only one of the
following consequences:
(A)
transferred to a placement of equal or more restriction
than the youth's most recent permanent placement; or
(B)
assigned a disciplinary minimum length of stay but only
at the present placement; or
(C)
demoted one or more resocialization phases in the behavior
area.
(2)
If it is found at a Level II hearing that the youth has
committed any other category I rule violation, the youth may receive one or
more of the following consequences:
(A)
transferred to a placement of equal or more restriction
than the youth's most recent permanent placement; and/or
(B)
assigned a disciplinary minimum length of stay; and/or
(C)
demoted one or more resocialization phases in the behavior
area.
(d)
Additional Disposition Options for Youth on Institutional
Status. Pursuant to a Level II hearing herein, certain youth in TYC institutions
or secure contract programs, who are assessed a disposition under this rule
may also be assessed placement in the below disciplinary programs, but only
if specific criteria have been met and if specifically requested (with notice
to the youth) in the Level II hearing request pursuant to this policy.
(1)
Aggression Management Program. A placement in the Aggression
Management Program (AMP) may be requested for a youth who is currently assigned
to a TYC operated institution under requirements of (GAP) §95.21 of this
title (relating to Aggression Management Program). All policy and program
requirements of (GAP) §95.21 of this title will apply to the assignment
in AMP.
(2)
Behavior Management Program.
(A)
A placement in the Behavior Management Program (BMP) may
be requested for certain youth under requirements of (GAP) §95.17 of
this title (relating to Behavior Management Program). All policy and program
requirements of (GAP) §95.17 of this title will apply to the assignment
in a BMP.
(B)
A maximum length of stay in BMP shall run concurrently
with any new assigned minimum length of stay under this policy.
(e)
Criteria and Disposition for Disciplinary Transfer and
Disciplinary Assigned Minimum Length of Stay for Youth on Parole Status. A
youth on parole status may be transferred into a placement of medium restriction
and/or assigned a minimum length of stay only if it is found at the Level
II hearing that the youth has committed one of the following category I rule
violations as defined in (GAP) §95.3 of this title (relating to Rules
of Conduct):
(1)
Violate any Law;
(2)
Escape, Attempted Escape, or Abscond;
(3)
Injury to Self;
(4)
Possession of a Weapon;
(5)
Possession or Use of Unauthorized Substance or Intoxicant;
(6)
Refusing a Drug Screen;
(7)
Participation in a Riot; or
(8)
Two (2) or More Failures to Comply with Written Reasonable
Request.
(f)
If the hearing manager determines there are extenuating
circumstances incident to the violation(s) proved at a Level II hearing, the
youth shall not be assigned a disciplinary length of stay. However, if more
than one disposition option was requested (with appropriate and specific notice
to the youth), such dispositions may be assessed if the hearing manager determines
that such dispositions are appropriate despite the finding of extenuation.
(g)
Restrictions.
(1)
A youth on parole status shall not be moved or transferred
into a placement of high restriction under this rule.
(2)
An assigned disciplinary minimum length of stay under this
policy shall only be for offenses that meet criteria and shall not exceed
six (6) months.
(3)
When local authorities make a written request to defer
an allegation to their jurisdiction for prosecution, TYC will cancel the directive,
unless a due process hearing will be scheduled on other allegation(s). A due
process hearing on any allegation(s) shall be scheduled within seven (7) days
(excluding weekends and holidays).
(4)
A Level II hearing should be held prior to a disciplinary
transfer. When good cause compels a pre-hearing movement of the youth, the
hearing shall be held within three (3) consecutive days after the movement.
(5)
A youth assigned a disciplinary minimum length of stay
may remain in the current program or be transferred and remain in the new
placement until the assigned disciplinary length of stay and other program
completion criteria are completed.
(6)
The minimum length of stay assigned under this policy may
be reduced based on the youth's behavior and progress toward goals.
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 March 1, 2004.
TRD-200401651
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 21, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 424-6014
Chapter 95.
YOUTH DISCIPLINE