37 TAC §85.41, §85.45
The amendments are proposed under the Human Resources Code, §61.081,
which provides the commission with the authority to release under supervision
any child in its custody and place the child in his or her home or in any
situation or family approved by the commission.
The proposed rules affect the Human Resources Code, §61.034.
§85.41.Maximum Length of Stay [ for Other Than Type A Violent and Sentenced 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 their 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
for release to Texas Youth Commission
(TYC) parole prior to completion of the
[
to cut short their
]
Resocialization program in
high restriction placement.
[
the
institution and plan for their supervision and services on parole.
]
(b)
Applicability. This rule does not apply to:
(1)
youth whose assignment is to a placement of other
than high restriction; or
[
any other movement without program completion;
]
[
(2)
youth who have completed program
requirements. See §85.55 of this title (relating to Program Completion
for Other Than Sentenced Offenders);]
[
(3)
priority 1 youth who are eligible
for admission to specialized treatment programs;]
[
(4)
youth who have been returned
to high restriction through a due process hearing;]
(2)
[
(5)
]
Type B violent offenders
classified for manslaughter, criminally negligent homicide or intoxication
manslaughter,
[
Sentenced or
] Type A violent offenders
or sentenced offenders
as defined in §85.23 of this title (relating
to Classification); and
(3)
[
(6)
] youth who are unable to progress
further in the agency's rehabilitation program because of mental illness or
mental retardation and who have completed their minimum lengths of stay. See §87.79
of this title (relating to Discharge of Mentally Ill and Mentally Retarded
Youth).
(c)
Explanation of Terms Used.
(1)
Exit review/interview--means
a review of documentation to determine whether the youth meets the requirements
of this rule for release under parole supervision. In TYC high restriction
facilities the exit review is conducted by the Special Services Committee
and in contract care programs it is conducted by the quality assurance supervisor.
(2)
[
(1)
] General Offender--means a youth
who is classified as a general offender as defined in §85.23 of this
title and has never been classified as a sentenced or Type A violent offender.
(3)
[
(2)
] Type B Violent Offender, Chronic
Serious Offender, Controlled Substances Dealer, and Firearms Offender--means
a youth who meets the definition in §85.23 of this title and has never
been classified as a sentenced or Type A violent offender.
(4)
[
(3)
] Minimum Length of Stay--means
the assigned minimum length of stay for the youth's classification, see §85.23
of this title, plus any disciplinary extensions to the minimum length of stay.
See §85.25 of this title (relating to Minimum Length of Stay).
For youth who are returned to a high restriction facility with no minimum
length of stay, the admission date will be treated as the date the youth has
completed the minimum length of stay under this rule.
(5)
Special Service Committee (SSC)--The
SSC is a standing committee that consists of at least five (5) members and
must include:
(A)
Director of Clinical Services (DOCS), Chairperson;
(B)
Program Administrator (1 to 3); and
(C)
Principal.
[
(4)
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.]
[
(5)
Special Services Committee
(SSC) exit review--is a process by which the SSC determines whether the youth
meets program completion criteria and whether the release ICP adequately addresses
the youth's identified risk factors for re-offending.]
[
(6)
Release Packet--includes specific
documents for review and approval prior to a youth's release. The release
packet includes the following information:]
[
(A)
psychological evaluation (if SSC determines
it is necessary);]
[
(B)
release plan;]
[
(C)
home assessment, if applicable;]
[
(D)
incident summary;]
[
(E)
specialized treatment summary, if applicable;
and]
[
(F)
victim involvement information, if applicable.]
[
(d)
General Requirements.]
[
(1)
TYC shall comply with Chapter 57, Family Code
and Article 56.02, Code of Criminal Procedure, regarding victim notification.
Refer to §81.35 of this title (relating to Rights of Victims).]
[
(2)
All residential programs releasing an undocumented
foreign national youth must notify Immigration and Customs Enforcement (ICE).
Refer to §85.79 of this title (relating to Parole of Undocumented Foreign
Nationals) for procedures.]
[
(3)
TYC shall comply with the Sex Offender Registration
Program, pursuant to Chapter 62, Code of Criminal Procedure, regarding youth
who are subject to sex offender registration. Refer to §87.85 of this
title (relating to Sex Offender Registration).]
[
(4)
Parents or guardians of youth under the age
of 18 will be notified of all movements. Youth 18 or older must give consent
to notify parents or guardians of any movement.]
(d)
[
(e)
] Criteria for Release to TYC
Parole.
(1)
For General Offenders. General offenders who have completed
their minimum length of stay, but have not earned phase 4 on all three components
of Resocialization, see §87.3 of this title (relating to Resocialization
Phase Requirements and Assessment
[
Program
]), will be released
to TYC parole (home or home substitute) when the
requirements in subsection
(e) of this section and the
following [
requirements
] are
met:
[
(A)
no confirmed Category I rule
violations through a due process hearing within 90 days prior to the SSC exit
review and during the approval process;]
(A)
[
(B)
] four (4) months have elapsed
since completion of the minimum length of stay and
currently on
[
a current assessment of
], at a minimum, Resocialization phase A3, B3,
C3;
or
(B)
[
(C)
] eight (8) months have elapsed
since completion of the minimum length of stay and
currently on
[
a current assessment of
], at a minimum, Resocialization phase A2, B2,
C2; or
(C)
[
(D)
] 12 months have elapsed since
completion of the minimum length of stay and
currently on
[
a current assessment of
], at a minimum, Resocialization phase A1, B1,
C1.
(2)
For Type B Violent Offenders, Chronic Serious Offenders,
Controlled Substances Dealers, and Firearms Offenders. Type B violent offenders
(with the exception of youth classified for manslaughter, criminally negligent
homicide or intoxication manslaughter)
, chronic serious offenders, controlled
substances dealers, and firearms offenders who have completed their minimum
length of stay, but have not earned phase 4 on all three components of Resocialization,
see §87.3 of this title, will be released to TYC parole when the
requirements in subsection (e) of this section and the
following [
requirements
] are met:
[
(A)
no confirmed Category I rule
violations within 90 days prior to the SSC exit review and during the approval
process;]
(A)
[
(B)
] eight (8) months have elapsed
since completion of the minimum length of stay and
currently on
[
a current assessment of
], at a minimum, Resocialization phase A3, B3,
C3;
(B)
[
(C)
] 12 months have elapsed since
completion of the minimum length of stay and
currently on
[
a current assessment of
], at a minimum, Resocialization phase A2, B2,
C2; or
(C)
[
(D)
] 18 months have elapsed since
completion of the minimum length of stay and
currently on
[
a current assessment of
], at a minimum, Resocialization phase A1, B1,
C1.
(e)
Timing of Exit Review and Release
Date.
(1)
An exit review is conducted within 14 calendar
days after the youth meets criteria for release to TYC parole under this rule.
(2)
The release of youth who meet the requirements
for release to TYC parole under this rule must take place within 30 calendar
days of the exit review.
(f)
Notification. TYC will notify
the committing juvenile judge, the prosecuting attorney, parole officer, and
the county chief juvenile probation officer in the county to which the youth
is being moved no later than ten (10) calendar days prior to the release.
[
(f)
Decision Authority for Approval
of Release.]
[
(1)
The final decision authority shall approve
the youth's release plan upon a determination that the youth meets the required
criteria as set forth in subsection (e) of this section and the release ICP
adequately addresses risk factors.]
[
(2)
A youth shall be released to TYC parole (home
or home substitute) within 45 days of the SSC exit review validating release
eligibility. Upon the approval by the final decision authority, additional
time may be granted up to 30 days as the need indicates.]
[
(3)
The final decision authority is the Department
of Sentenced Offenders Disposition, unless the superintendent or quality assurance
supervisor appeals the decision. If the decision is appealed, the appropriate
director of juvenile corrections is the final decision authority.]
§85.45.Movement Without Program Completion.
(a)
(No change.)
(b)
Applicability.
This rule does not apply to:
(1)
disciplinary movements, see
Chapter 95, Subchapter A of this title (relating to Disciplinary Practices);
and
(2)
non-sentenced offenders at
age 21 who have not met program completion criteria, see §85.95 of this
title (relating to Discharge/Transfer of Custody).
[
(1)
This rule does not apply to
sentenced offenders.]
[
(2)
This rule does not apply to
disciplinary movements. See Chapter 95, Subchapter A of this title (relating
to Disciplinary Practices).]
(c)
General Requirements.
[
(1)
Program staff will explain
program completion criteria to every youth during orientation to each placement.]
[
(2)
Non-sentenced offenders shall
by law, be discharged prior to the youth's 21st birthday. Refer to §85.95
of this title (relating to Discharge/Transfer of Custody).]
(1)
[
(3)
] Prior to a transition, a youth
may request and in doing so will be granted a Level II hearing.
(2)
A plan to minimize risk factors
for re-offending shall be developed for each youth prior to release, unless
youth is to be discharged.
(3)
All residential programs releasing
an undocumented foreign national youth must notify Immigration and Customs
Enforcement (ICE). Refer to (GAP) §85.79 of this title (relating to Parole
of Undocumented Foreign Nationals).
(4)
TYC shall comply with Chapter 57, Family Code and Article
56.02, Code of Criminal Procedure, regarding victim notification. Refer to §81.35
of this title (relating to Rights of Victims).
(5)
TYC shall comply with the Sex Offender Registration Program,
pursuant to Chapter 62, Code of Criminal Procedure, regarding youth who are
subject to sex offender registration. Refer to §87.85 of this title (relating
to Sex Offender Registration).
(6)
Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to disclose
any movement information to a parent.
(d)
Transition Movements.
(1) - (3)
(No change.)
(4)
Decision Authority for Approval of Transition.
(A)
(No change.)
[
(B)
The appropriate director of
juvenile corrections must approve any modification to the transition/release
plan.]
[
(C)
A youth shall be transitioned
to medium restriction within 14 calendar days of the exit review, regardless
of whether or not the release plan is complete. However, if the youth does
not meet the program completion criteria at the time of transition or release,
the youth will not be transitioned.]
[
(D)
With approval from the appropriate
director of juvenile corrections, additional time may be granted beyond the
14 calendar days, but not to exceed 30 calendar days from the exit review,
as needed to address serious concerns related to the well-being of the youth
and/or the community.]
(B)
[
(E)
] The final decision authority
is:
(i)
the superintendent, for youth assigned to TYC-operated
placements; or
(ii)
the quality assurance
supervisor
[
administrator
], for youth assigned to contract care placements.
(e)
Population Control Releases. When overpopulation occurs
in any high restriction facility, certain remedial actions are taken. The
deputy executive director may cancel or revise any population control measure
in effect or implement any other youth movement option when necessary to control
population and/or manage available funds concerning youth in residential placement.
(1)
Overpopulation Condition.
(A)
When population reaches three percent (3%) above budgeted
capacity for general population [
(excludes youth in specialized treatment)
], the superintendent may invoke population control release procedures
, upon the approval of the appropriate director of juvenile corrections
.
(B)
When population reaches five percent (5%) above budgeted
capacity for general population, the superintendent shall
:
[
invoke population control release procedures.
]
(i)
invoke population control release
procedures; and
(ii)
notify the appropriate director
of juvenile corrections.
(2)
Release Criteria.
(A)
The following youth are ineligible for population control
release:
(i) - (ii)
(No change.)
(iii)
Type B violent offenders
whose classification is for manslaughter, criminally negligent homicide or
intoxication manslaughter;
(iv)
[
(iii)
] Priority 1 specialized treatment
youth (unless waived by the assistant deputy executive director for rehabilitation
services and the assistant deputy executive director for juvenile corrections);
or
(v)
[
(iv)
] Sex offenders with court orders
deferring their sex offender registration requirements.
(B)
(No change.)
(f) - (h)
(No change.)
[
(i)
Maximum Length of Stay for
Other Than Type A Violent and Sentenced Offenders. Youth who do not complete
the Resocialization program within the minimum length of stay, and the length
of institutional stay becomes disproportionate relative to the severity of
their committing offense, may be considered for movement without program completion.
See §85.41 of this title (relating to Maximum Length of Stay for Other
Than Type A Violent and Sentenced Offenders).]
(i)
[
(j)
] Notification. TYC will notify
the committing juvenile judge, the prosecuting attorney, parole officer, and
the county chief juvenile probation officer in the county to which the youth
is being moved no later than ten (10)
calendar
[
working
]
days prior to the transition or release.
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 August 8, 2005.
TRD-200503283
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 424-6014