Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION, PLACEMENT, AND PROGRAM COMPLETION
The Texas Youth Commission (the commission) adopts amendments to §85.5
and §85.51, without changes to the proposed text as published in the
October 28, 2005, issue of the
Texas Register
(30
TexReg 7014).
The commission adopts the repeal of §§85.55, 85.59, 85.61, 85.65,
85.69, and 85.95, concerning program completion, parole placement and discharge,
without changes to the proposal as published in the October 28, 2005, issue
of the
Texas Register
(30 TexReg 7026).
The commission simultaneously adopts new §§85.55, 85.59, 85.61,
85.65, 85.69, and 85.95. Section 85.69 is adopted with minor grammatical changes
to the proposed text as published in the October 28, 2005, issue of the
The justification for the amendments, repeals, and new rules is to better
organize information relating to the progress, movement, and release of youth
within TYC's programs.
Section 85.5 limits automatic psychiatric referrals of youth at Marlin
Orientation and Assessment Unit to those who are admitted while currently
prescribed psychotropic medication or have been prescribed such medication
within the past six months, rather than the past year.
Section 85.51, concerning Definitions clarifies certain definitions that
pertain to rules in Subchapter D of this chapter.
Sections 85.55, 85.59, and 85.61 allow the 120-day deadline for release
following the exit interview to be extended by 30 days when a youth is placed
on remediation in specific phase objectives or demoted to the next lower phase
after the exit interview. Such extension allows the youth to regain eligibility
for release to a community placement or transfer to adult parole. If the youth
does not regain eligibility for release or transfer, the youth will lose release
or transfer eligibility until such time as the youth meets program completion
criteria.
Additionally, §85.59 and §85.61 provide that the commission may
consider transferring (without court approval) a sentenced offender youth
whose offense was committed on or after September 1, 2005, and whose sentence
expires before the minimum period of confinement, to Texas Department of Criminal
Justice (TDCJ) when the youth completes all but nine months of his/her sentence
and meets required transfer criteria.
Section 85.65 establishes rules and an approval process for discharging
sentenced offenders whose offense was other than capital murder, who have
met transfer criteria to TDCJ, or whose sentence has expired.
Section 85.69 gives staff and volunteers the opportunity to speak on the
behalf of youth who are being considered for transfer to TDCJ-Institution
Division (TDCJ-ID) at the Special Services Committee (SSC) meeting. In order
to transfer custody to the Parole or Institutions Division of the Texas Department
of Criminal Justice, §85.69 will require that youth who were sentenced
for capital murder committed before September 1, 2003, and who have not completed
their minimum period of confinement, must return to court for a transfer hearing
no later than when the youth reaches 20 years and six months of age.
Section 85.95 allows several new offender classifications, namely Chronic
Serious Offender, Controlled Substances Dealer and Firearms Offender, to be
eligible for discharge when the youth completes the initial six months on
parole status and meets parole discharge criteria. Finally, §85.95 allows
Chronic Serious Offenders, Controlled Substances Dealers, Firearms Offenders
and Type B Violent Offenders to be discharged after completion of 30 days
on parole status after the youth reaches 20 years and six months of age, receives
two face-to-face contacts within the same 30 days, and has no pending criminal
charges.
No comments were received regarding adoption of the amendments, repeals,
or new rules.
Subchapter A. COMMITMENT AND RECEPTION
37 TAC §85.5
The amendment is adopted under the Human Resources Code, §61.071,
which provides the commission with the authority to establish rules to determine
psychiatric services and §61.076 which provides the commission with the
authority to provide psychiatric treatment that is necessary.
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 November 29, 2005.
TRD-200505514
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: January 16, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 424-6014
37 TAC §§85.51, 85.55, 85.59, 85.61, 85.65, 85.69
The amendment and new rules are adopted under the Human Resources
Code, §61.075, which provides TYC 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; §61.076, which provides TYC the authority
to require a child to participate in correctional training and activities; §61.081,
which provides TYC 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 TYC; §61.084, which provides TYC the authority to
transfer youth sentenced under a determinate sentence to the institutional
division or parole division of the Texas Department of Criminal Justice. The
commission shall from its custody discharge a youth who sentence has not expired
no later than the youth's 21st birthday; and §61.034, which provides
TYC the authority to make rules appropriate to the proper accomplishment of
its functions.
§85.69.Program Completion for Sentenced Offenders Adjudicated for Capital Murder.
(a)
Purpose. The purpose of this rule is to establish criteria
and an approval process for transferring, upon program completion, sentenced
offenders adjudicated for capital murder to the Texas Department of Criminal
Justice - Parole Division (TDCJ-PD) or the Texas Department of Criminal Justice
- Institutions Division (TDCJ-ID).
(b)
Applicability.
(1)
Definitions pertaining to this rule are under §85.51
of this title (relating to Definitions).
(2)
This rule does not apply to:
(A)
disciplinary movements. See Chapter 95, Subchapter A of
this title (relating to Disciplinary Practices);
(B)
sentenced offender youth adjudicated for any offense other
than capital murder. See §85.59 of this title (relating to Program Completion
for Sentenced Offenders Under Age 19) and §85.61 of this title (relating
to Program Completion for Sentenced Offenders Age 19 or Older).
(c)
General Restrictions. Refer to §85.59 of this title
for the list of general restrictions.
(d)
General Requirements.
(1)
TYC shall not accept the presence of a detainer as an automatic
bar to earned release. The agency shall release a youth to authorities pursuant
to a warrant.
(2)
The Special Services Committee (SSC) shall evaluate the
youth six (6) months after admission to TYC, when the minimum period of confinement
(MPC) is complete, on or about the youth's 20th birthday to determine eligibility
for transfer to TDCJ-ID or TDCJ-PD, and at other times as requested by the
committee.
(A)
The SSC agenda, identifying sentenced offender youth that
are being considered for transfer to TDCJ-ID, should be distributed among
TYC staff within a reasonable time prior to the scheduled SSC meeting.
(B)
All TYC staff and volunteers should be given the opportunity
to attend the SSC meeting and speak on the behalf of a youth, if they are
inclined to do so, and a brief summary of their testimony should be included
in the SSC minutes.
(C)
All TYC staff and volunteers must be informed (given written
notice) that they may submit a written statement to be considered by the SSC
and the local chief administrator (CLA).
(3)
A plan to minimize risk factors for re-offending shall
be developed for each youth prior to transferring to TDCJ-PD.
(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)
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.
(6)
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).
(7)
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.
(8)
Minimum Period of Confinement (MPC). The MPC is ten (10)
years for youth sentenced for capital murder or completion of the sentence,
whichever occurs first.
(9)
Placement. Sentenced offenders shall serve the entire MPC
applicable to the youth's classifying offense in high restriction facilities
unless the youth is:
(A)
transferred to TDCJ-ID in accordance with legal requirements
or committing court approval. See §85.65 of this title (relating to Discharge
of Sentenced Offenders Upon Transfer to TDCJ or Completion of Sentence); or
(B)
approved by the committing court to attain parole status
prior to completion of serving the MPC for youth whose offense committed before
September 1, 2003; or
(C)
approved by the executive director to attain parole status
prior to completion of MPC for youth whose offense committed on or after September
1, 2003.
(10)
Jurisdiction Termination. TYC jurisdiction shall be terminated
and a sentenced offender discharged when the youth is transferred to TDCJ
(prior to age 21) or his/her sentence is complete (except as specified in
subsection (d)(11) of this section).
(11)
Concurrent Commitments. In the event that a youth is committed
to TYC under concurrent determinate sentence and indeterminate commitment
orders, both commitment orders will be given effect, with the determinate
sentence order having precedence. Other exceptions are as follows:
(A)
The youth will be classified and managed as a sentenced
offender until such time as the determinate sentence order is completed or
TYC jurisdiction expires, whichever occurs first. If a youth's determinate
sentence is complete prior to the expiration of TYC jurisdiction, the youth
will be newly classified in accordance with the classifying offense associated
with the indeterminate commitment.
(B)
The youth is discharged from the determinate sentence order
upon completion of the determinate sentence, and the youth is discharged from
the indeterminate commitment order upon completion of the indeterminate offense.
(C)
The determinate sentence and the minimum length of stay
associated with the indeterminate commitment will run concurrently.
(e)
Release/Transfer Criteria. A sentenced offender youth adjudicated
for capital murder in a high restriction (prior to the completion of the MPC)
will be transferred to TDCJ-PD/TDCJ-ID or may be released to TYC parole.
(1)
Youth Whose Offense was Committed Before September 1, 2003.
(A)
TYC will request a hearing by the committing juvenile court
with a recommendation to transfer to TDCJ-PD, if a youth (before age 20.6)
meets the following criteria:
(i)
no confirmed Category I rule violations through a due process
hearing, within 90 days prior to the SSC exit interview; and
(ii)
no confirmed Category I rule violations through a due
process hearing during the approval process as outlined in subsection (f)
of this section; and
(iii)
completion of three (3) years toward the MPC; and
(iv)
the youth is currently assessed at Resocialization phase
A4, B4, C4 with no main objectives or sub-objectives indicators under remediation.
(B)
If the youth does not meet the criteria in subsection (e)(1)(A)(i)
- (iv), TYC will request a hearing by the committing juvenile court with a
transfer recommendation to either TDCJ-PD or TDCJ-ID when the youth reaches
the age of 20.6.
(C)
A youth who has not received court approval to transfer
to TDCJ-PD will be transferred to TDCJ-ID no later than the youth's 21st birthday.
(2)
Youth Whose Offense was Committed On or After September
1, 2003.
(A)
Release to TYC Parole (Before Age 19). A youth who was
sentenced for capital murder where the offense was committed on or after September
1, 2003 may be released to TYC parole without court approval if the youth
meets criteria listed in subsection (e)(1)(A)(i) - (iv) and, for youth committed
after April 1, 2005, successful completion of specialized treatment for Priority
1 youth (unless this requirement is waived by the assistant deputy executive
director for rehabilitation services and the assistant deputy executive director
for juvenile corrections).
(B)
Transfer to TDCJ-PD (After Age 19).
(i)
A youth who was sentenced for capital murder where the
offense was committed on or after September 1, 2003 may be transferred to
TDCJ-PD without court approval if the youth meets criteria listed in subsection
(e)(1)(A)(i) - (iv) and, for youth committed after April 1, 2005, successful
completion of specialized treatment for Priority 1 youth (unless this requirement
is waived by the assistant deputy executive director for rehabilitation services
and the assistant deputy executive director for juvenile corrections).
(ii)
A youth who was sentenced for capital murder where the
offense was committed on or after September 1, 2003 who does not meet transfer
criteria listed in subsection (e)(1)(A)(i) - (iv) including completion of
specialized treatment will remain in high restriction until age 21. No later
than the youth's 21st birthday, he/she will be transferred to TDCJ-PD without
court approval.
(3)
For Transferring to TDCJ-ID (Before Age 21). TYC may request
a court hearing regardless of when the youth's offense was committed and no
later than the youth's 21st birthday if the following criteria have been met:
(A)
youth is at least age 16; and
(B)
youth has spent at least six (6) months in a high restriction
facility; and
(C)
youth has not completed his/her sentence; and
(D)
youth has met at least one of the following behavior criteria:
(i)
youth has committed a felony or Class A misdemeanor while
assigned to residential placement; or
(ii)
youth has committed Category I rule violations (on three
or more occasions); or
(iii)
youth has engaged in chronic disruption of program (five
security admissions or extensions in one month or ten in three months); or
(iv)
youth has demonstrated an inability to progress in his/her
Resocialization program due to persistent non compliance with treatment objectives;
and
(E)
alternative interventions have been tried without success.
(For example: special treatment plans, disciplinary transfer, extended stay);
and
(F)
youth's conduct indicates that the welfare of the community
requires the transfer.
(f)
Decision Authority.
(1)
The executive director (final TYC decision authority) must:
(A)
determine if youth, before age 21, whose offense was before
September 1, 2003 meets criteria under this rule for release to TYC parole
or transfer to TDCJ-PD; or
(B)
determine if youth, before age 21, meets criteria under
this rule for transfer to TDCJ-ID; and
(C)
approve the request for a hearing by the committing juvenile
court to release youth to TYC parole or transfer to TDCJ-PD/TDCJ-ID.
(2)
The committing juvenile court is the final decision authority
for releasing to TYC parole or transferring to TDCJ-PD for youth whose offense
was before September 1, 2003.
(3)
If the youth's offense was committed before September 1,
2003, the youth will be transferred to TDCJ-ID upon receipt of the committing
juvenile court order no later than the youth's 21st birthday. Court approval
is required.
(4)
The final TYC decision authority does not have to request
a hearing for youth whose offense was on or after September 1, 2003 to be
released to TYC parole or transferred to TDCJ-PD.
(g)
Transfer Process.
(1)
Transferring to TDCJ-PD.
(A)
TYC will submit the required documentation requesting a
transfer of the offender to TDCJ-PD along with an adjudication form and a
case summary, which includes recommendations for parole conditions.
(B)
TDCJ will process the information and forward to the Texas
Board of Pardons and Paroles who will set the conditions for parole or transfer
within 90 days of receiving TYC's transfer notification.
(C)
On receipt of the conditions, the TYC/TDCJ liaison will
contact TDCJ-PD to confirm the transfer date, notify the sending facility
of the parole conditions and the transfer date, coordinate the transfer process
and make final arrangements for the discharge.
(D)
TDCJ personnel will serve their Order of Transfer in person
on the scheduled day, at which time the sentenced offender youth is transferred
to the TDCJ-PD and discharged from the TYC.
(2)
Transferring to TDCJ-ID.
(A)
Following the committing court's decision to transfer a
sentenced offender to TDCJ-ID, the youth is returned to the assigned program
location and then transported to TDCJ-ID.
(B)
The youth will be transported to the diagnostic unit at
TDCJ in Huntsville, Texas. The TYC court liaison in Central Office will provide
the address or location to the diagnostic unit, if needed.
(C)
Upon transfer to TDCJ-ID, the youth may only bring the
following personal property items to TDCJ-ID:
(i)
Bible/Other Religion Text--some offenders write addresses
and telephone numbers in it since they cannot take separate paper into TDCJ-ID;
(ii)
Trust fund--offender must use TDCJ personal property envelopes.
Use the TDCJ Inmate Trust Fund form, ITF-16 (available through TDCJ) when
sending offender's trust fund after the offender has already been transported
to TDCJ-ID. The guards at the Diagnostic Unit can provide the Inmate Trust
Fund form, ITF-16, if needed.
(h)
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 discharge.
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 November 29, 2005.
TRD-200505515
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: January 16, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 424-6014
37 TAC §§85.55, 85.59, 85.61, 85.65, 85.69
The repeals are adopted under the Human Resources Code, §61.034,
which provides TYC the authority to make rules appropriate to the proper accomplishment
of its functions.
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 November 29, 2005.
TRD-200505516
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: January 16, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 424-6014
37 TAC §85.95
The repeal is adopted under the Human Resources Code, §61.034,
which provides TYC the authority to make rules appropriate to the proper accomplishment
of its functions.
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 November 29, 2005.
TRD-200505517
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: January 16, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 424-6014
37 TAC §85.95
The new rule is adopted under the Human Resources Code, §61.081,
which provides the commission with the authority to resume the care and custody
of any youth released under supervision at any time before discharging the
youth; and §61.075, which provides the commission with the authority
to discharge a youth to best serve the youth's welfare and the protection
of the public.
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 November 29, 2005.
TRD-200505518
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: January 16, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 424-6014
Subchapter A. PROGRAM PLANNING
37 TAC §87.1
The Texas Youth Commission (the commission) adopts an amendment
to §87.1, concerning Case Planning, without changes to the proposed text
as published in the October 28, 2005, issue of the
Texas Register
(30 TexReg 7028).
The justification for amending the section is the availability of accurate
and current agency rules. The amended section deleted a definition that is
not used within this section and updated the reference to §87.2 of this
title, relating to Resocialization Program to reflect the new rule number.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
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 November 29, 2005.
TRD-200505512
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: January 16, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 424-6014
Subchapter A. BASIC SERVICES
Subchapter D. PROGRAM COMPLETION
Subchapter E. PAROLE PLACEMENT AND DISCHARGE
Chapter 87.
TREATMENT
Chapter 91.
PROGRAM SERVICES