Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor, Criminal Justice Division (CJD), proposes
the amendment of Subchapter C §3.203 and §3.1205.
The proposed amendment to subsection (b) of §3.203 updates the language
of this subsection to reflect the current federal legislation, rules and guidelines
applicable to the Juvenile Justice and Delinquency Prevention Act Fund.
The proposed amendment to subsection (a) of §3.1205 clarifies that
applicants for state discretionary set-aside grants are eligible for funding
only under the specific program purpose areas selected by the Governor's Juvenile
Justice Advisory Board in accordance with the federal legislation, rules and
guidelines applicable to the Juvenile Accountability Block Grant Program.
Kevin Baisdon, Coordinator of Budget and Finance for CJD, has determined
that for the first five-year period the sections are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Mr. Baisdon has also determined that for the first five-year period that
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be more efficient processes and procedures and the current
rules will be more easily understood. There will be no anticipated economic
cost to persons or businesses for complying with the proposed rules.
Comments on the proposed amendments, may be submitted to Heather Morgan,
Office of the Governor, Criminal Justice Division, at hmorgan@governor.state.tx.us;
P. O. Box 12428, Austin, Texas 78711; or (512) 463-1919. Comments must be
received no later than 30 days from the date of publication of the proposal
in the
Texas Register
.
Subchapter C. FUND-SPECIFIC GRANT POLICIES
2.
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FUND
1 TAC §3.203
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.203.Project Requirements.
(a)
(No change.)
(b)
Grant funds can support projects to prevent juvenile delinquency
including:
(1)
Aftercare/Reentry. Programs to prepare targeted juvenile
offenders to successfully return to their communities after serving a period
of secure confinement in a training school, juvenile correctional facility,
or other secure institution. Aftercare programs focus on preparing juvenile
offenders for release and providing a continuum of supervision and services
after release.
[
(2)
Alternatives to Detention. Alternative services provided
to a juvenile offender in the community as an alternative to confinement.
[
[
[
[
(3)
Child Abuse and Neglect Programs. Programs that provide
treatment to juvenile offenders who are victims of child abuse or neglect
and to their families to reduce the likelihood that such juvenile offenders
will commit subsequent violations of law.
[
(4)
Children of Incarcerated Parents. Services designed
to prevent delinquency or treat delinquent juveniles who are the children
of incarcerated parents.
[
(5)
Community Assessment Centers (CACs). Centers that
lead to more integrated and effective cross-system services for juveniles
and their families. CACs are designed to positively affect the lives of youth
and divert them from a path of serious, violent, and chronic delinquency.
Using a collaborative approach, CACs serve the community in a timely, cost-efficient,
and comprehensive manner.
[
[
[
[
[
[
(6)
Court Services. Programs designed to encourage courts
to develop and implement a continuum of pre- and post-adjudication restraints
that bridge the gap between traditional probation and confinement in a correctional
setting. Services include expanded use of probation, mediation, restitution,
community service, treatment, home detention, intensive supervision, electronic
monitoring, translation services and similar programs, and secure, community-based
treatment facilities linked to other support services.
[
[
[
(7)
Delinquency Prevention. Programs or other initiatives
designed to reduce the incidence of delinquent acts and directed to the general
youth population thought to be at risk of becoming delinquent. This category
includes what is commonly referred to as "primary prevention" (e.g., parent
education, peer counseling). This program area excludes programs targeted
at youth already adjudicated delinquent and those programs designed specifically
to prevent gang-related or substance abuse activities undertaken as part of
program areas described in paragraphs 10 and 28 of this subsection.
[
(8)
Disproportionate Minority Contact. Programs or other
initiatives designed primarily to address the disproportionate number of juvenile
members of minority groups who come into contact with the juvenile justice
system, pursuant to §223(a)(22) of the JJDPA.
[
(9)
Diversion. Programs to divert juveniles from entering
the juvenile justice system.
[
(10)
Gangs. Programs or other initiatives designed primarily
to address issues related to juvenile gang activity. This program area includes
prevention and intervention efforts directed at reducing gang-related activities.
[
(11)
Gender-Specific Services. Services designed to address
the needs of female offenders in the juvenile justice system.
[
(12)
Graduated Sanctions. A system of sanctions that escalate
in intensity with each subsequent, more serious delinquent offense.
[
(13)
Gun Programs. Programs (excluding programs to purchase
from juveniles) designed to reduce the unlawful acquisition and illegal use
of guns by juveniles.
[
(14)
Hate Crimes.
Programs
[
(15)
Jail Removal. Programs or other initiatives designed
to eliminate or prevent the placement of juveniles in adult jails and lockups,
as defined in §223(a)(13) of the JJDPA.
[
(16)
Job Training. Programs to enhance the employability
of juveniles or prepare them for future employment. Such programs may include
job readiness training, apprenticeships, and job referrals.
[
(17)
Juvenile Justice System Improvement. Programs or
other initiatives designed to examine issues or improve practices, policies,
or procedures on a system-wide basis (e.g., examining problems affecting decisions
from arrest to disposition and detention to corrections).
[
(18)
Mental Health Services [
(19)
Mentoring. Programs designed
to develop and sustain a one-to-one supportive relationship between a responsible
adult age 18 or older (mentor) and an at-risk juvenile (mentee) that takes
place on a regular basis.
(20)
American Indian Programs.
Programs designed to address juvenile justice and delinquency prevention issues
for American Indians and Alaska Natives.
(21)
Probation. Programs to permit
juvenile offenders to remain in their communities under conditions that the
juvenile court prescribes.
(22)
Restitution/Community Service.
Programs to hold juveniles accountable for their offenses by requiring community
service or repayment to the victim.
(23)
Rural Area Juvenile Programs.
Prevention, intervention, and treatment services in an area located outside
a metropolitan statistical area as designated by the U.S. Bureau of the Census.
(24)
School Programs. Education
programs and/or related services designed to prevent truancy, suspension,
and expulsion. School safety programs may include support for school resource
officers and law-related education.
(25)
Separation of Juveniles From
Adult Inmates. Programs that ensure that juveniles will not be detained or
confined in any institutions where they may come into contact with adult inmates,
pursuant to §223(a)(12) of the JJDPA.
(26)
Serious Crime. Programs or
other initiatives designed to address serious and violent criminal-type behavior
by youth. This program area includes intervention, treatment, and reintegration
of serious and violent juvenile offenders.
(27)
Sex Offender Programs. Programs
to support the assessment, treatment, rehabilitation, supervision, and accountability
of juvenile sex offenders.
(28)
Substance Abuse. Programs
or other initiatives designed to address the use and abuse of illegal and
other prescription and nonprescription drugs and the use and abuse of alcohol.
Programs include control, prevention, and treatment.
(29)
Youth Advocacy. Projects designed
to develop and implement advocacy activities focused on improving services
for and protecting the rights of youth affected by the juvenile justice system.
(30)
Youth Courts. Youth courts
(also known as teen courts) are juvenile justice programs in which peers play
an active role in the disposition of the juvenile offender. Most youth courts
are used as a sentencing option for first-time offenders charged with misdemeanor
or nonviolent offenses who acknowledge their guilt. The youth court serves
as an alternative to the traditional juvenile court.
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 March 2, 2005.
TRD-200500958
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 463-1919
1 TAC §3.1205
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.1205.Eligible Applicants.
(a)
Twenty-five percent of this fund is available for state
discretionary set-aside grants to state agencies, units of local government
(including crime control and prevention districts), Native American tribal
governments, COGs, nonprofit corporations, and faith-based organizations.
Faith-based organizations must be certified by the Internal Revenue Service
as tax-exempt nonprofit entities. Grantees may not use grant funds or program
income for proselytizing or sectarian worship. Discretionary projects are
eligible for funding
only
under
the specific program purpose
areas selected by the Governor's Juvenile Justice Advisory Board from the
program purpose areas listed in §3.1203 of this chapter
[
(b)
(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 March 2, 2005.
TRD-200500959
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 463-1919
Chapter 61.
CRIME VICTIMS' COMPENSATION
The Office of the Attorney General (OAG) proposes amendments to Subchapter
C, Application §§61.201, Subchapter E, Pecuniary Loss §§61.402,
61.404, 61.405, and 61.411, and Subchapter F, Medical Care §§61.503,
61.506, and 61.507 relating to the rules for the administration of the Crime
Victims' Compensation Program and proposes to revise Subchapter F, Medical
Care, by adding new §61.508. The proposed amendments and new rule will
better serve victims of crime by improving the administration of the CVC fund.
According to Texas Constitution, art. I, §31, the compensation to
victims of crime (CVC) fund may be expended as provided by law only for delivering
or funding victim-related compensation, services, or assistance.
Texas Code of Criminal Procedure, Art. 56.33 provides that the OAG shall
adopt rules governing the administration of the CVC fund, including rules
relating to the method of filing claims, proof of entitlement to compensation,
and review of health care services.
The proposed amendments and new rule accurately implement, interpret, and
prescribe the law and minimum standards of practices, procedures, and policies
of the OAG relating to the administration of the CVC fund as required by the
Administrative Procedures Act, Texas Government Code, Ch. 2001.
Subchapter C (Application, §61.201). The proposed amendment to Section
61.201 adds language to subsection (c) to clarify who is authorized to sign
an application for minors.
Subchapter E (Pecuniary Loss, §§61.402, 61.404, 61.405, and 61.411).
The proposed amendment to §61.402(a) specifies who is eligible to receive
loss of earnings and how to submit forms; subsections (c) and (d) clarify
that the OAG will be responsible for scheduling and paying for independent
medical evaluations; and subsection (m) limits the hours that will be paid
for individual appointments to prevent overpayment of lost earnings. Section
61.404(a) provides for starting points other than a person's residence for
travel reimbursements; subsection (b) has been changed to accurately reflect
the covered articles; subsection (d) clarifies the employment verification
process; subsection (e) makes a technical corrections to a citation; subsections
(f) and (g) change the term "compensation" to "reimbursement" for clarity
and make technical corrections to a citation; subsection (h) limits the hours
that will be paid for individual appointments to prevent overpayment of lost
earnings; and subsection (i) limits travel expenses when victims or claimants
are receiving free counseling. Section 61.405(b) provides the procedures for
child care reimbursements and places a cap on the benefit and (e) makes a
technical change to the dollar amount listed for replacement costs. Section
61.411(b) provides the procedures for submitting information when compensation
benefits are ongoing.
Subchapter F (Medical Care, §§61.503, 61.506, and 61.507). The
proposed amendment to §61.503(d) includes reimbursement provisions for
psychiatric medication for patients receiving counseling and subsection (e)
adds new language to limit payment of health care services when someone else
has been ordered to pay as a means of ensuring collateral sources are used
for payment. Section 61.506 adds a provision to establish and define a standard
of fair and reasonable for dental care services. Section 61.507(c) provides
for the method of payment for out of state health care services, other than
acute trauma care; subsection (d) defines fair and reasonable payments for
inpatient trauma care; and subsection (e) adds provisions to process bills
submitted by service providers for amounts less than $5.00.
The OAG is also proposing new rule §61.508 to outline the review of
health care services and standards, to define medically necessary services,
and to add provisions for processing bills submitted more than five years
after the date of service.
Mr. Herman Millholland, Chief of the Crime Victim Services Division of
the OAG, has determined that for the first five year period in which the proposed
rule and amendments are in effect, no fiscal implication to units of local
government is anticipated.
Mr. Millholland has also determined that for the first five-year period
in which the proposed rule and amendments are in effect there will not be
an adverse effect on small businesses. There is no anticipated economic costs
to persons in connection with these rules.
Mr. Millholland has determined that for the first five-year period in which
the proposed rules are in effect, the anticipated public benefit is the better
administration of the CVC fund to compensate innocent victims of violent crime
and greater public cooperation in the apprehension and prosecution of criminals.
Comments on the proposed rule and amendments may be submitted, in writing,
no later than 30 days from the date of this publication to Rita Baranowski,
Assistant Attorney General, Office of the Attorney General, P.O. Box 12198,
Austin, Texas 78711-2198 or by telephone (512) 936-1240 or by e-mail to rita.baranowski.@oag.state.tx.us.
All requests for a public hearing on the proposed rule and amendments, submitted
under the Administrative Procedure Act, must be received by the OAG not more
than 15 days after the notice of proposed changes in the sections that have
been published in the
Texas Register
.
Subchapter C. APPLICATION
1 TAC §61.201
The amendments are proposed under the Texas Code of Criminal
Procedure, Art. 56.33, which authorizes the OAG to amend rules pertaining
to its administration.
The amendments effect Texas Code of Criminal Procedure, Chapter 56.
§61.201.Application for Compensation.
(a) - (b)
(No change.)
(c)
Under Tex. Code Crim. Proc. Art. 56.32(a)(2)(E),
to be an authorized individual entitled to file a claim and act on behalf
of a child (a minor under the age of 18), an individual must:
(1)
have legal guardianship; or
(2)
have the legal authority to act on behalf of
the child (i.e., an individual authorized to represent the Department of Family
and Protective Services); or
(3)
be the parent, spouse, or the child if the child
has been emancipated.
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 March 3, 2005.
TRD-200500980
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 463-2110
1 TAC §§61.402, 61.404, 61.405, 61.411
The amendments are proposed under the Texas Code of Criminal
Procedure, Art. 56.33, which authorizes the OAG to amend rules pertaining
to its administration.
The amendments effect Texas Code of Criminal Procedure, Chapter 56.
§61.402.Loss of Earnings.
(a)
Pursuant to Tex. Code Crim. Proc. Art. 56.32(a)(9)(B) and
56.32(a)(9)(I), the OAG shall determine an award for actual loss of past earnings
and the anticipated loss of future earnings.
Loss of earnings may be
paid to victims who suffer a disability period as outlined in (b) of this
rule, or to victims or claimants attending individual appointments, executions,
or funerals as outlined in (e), (i) and (j) of this rule. The victim or claimant
must submit information to the OAG in the manner prescribed in Rule 61.404
of this subsection.
(b)
(No change.)
(c)
If a victim lost past earnings as a result of mental trauma
directly caused by the criminally injurious conduct, the mental health professional
that regularly treats the victim may submit a written statement to the OAG
verifying loss of past earnings for the victim for a maximum period of six
months. In order to continue receiving benefits after six months, a victim
must submit to an independent medical evaluation and a disability determination
by an M.D. or a D.O. with a psychiatric specialty. The evaluation will be
scheduled and paid for
[
(d)
If a victim was unemployed at the time of the criminally
injurious conduct and claims a loss of anticipated earnings, the victim or
claimant must provide the OAG with a sufficient showing that the victim would
have had earnings had the victim not suffered injury or death as a direct
result of the criminally injurious conduct. "Sufficient showing" includes
an affidavit from the employer, including the employer's identification number,
affirming that the victim was offered employment, but was unable to begin
employment as a direct result of a disability caused by the crime, or any
other information deemed appropriate by the OAG. In order to continue receiving
benefits after six months, a victim must submit to an evaluation and a disability
determination from an M.D. or a D.O. with a similar practice specialty. The
evaluation will be
scheduled and paid for
[
(e) - (l)
(No change.)
(m)
To ensure reimbursements for
lost earnings are paid at a reasonable amount, the OAG may limit reimbursement
for earnings lost due to individual medical, investigative, or court appointments
to four hours, unless evidence presented by the victim or claimant or an investigation
by the OAG indicates that the appointment exceeded four hours.
§61.404.Travel Expenses.
(a)
Pursuant to Tex. Code [
(b)
Meals and lodging expenses are considered reasonable and
necessary travel expenses under Tex. Code [
(c)
(No change.)
(d)
A victim or claimant seeking reimbursement shall submit
a verified statement on a form prescribed by the OAG setting forth the transportation,
meals, lodging and lost
earnings
[
(1) - (4)
(No change.)
(5)
for loss of earnings, the signature of the
victim,
the victim's or claimant's employer
, or any other person deemed
appropriate by the OAG
to verify how much time was
missed
[
(6)
for attendance at the funeral or memorial service of a
victim, the signature of the person officiating the service or a representative
of the funeral home
, or any other person deemed appropriate by the OAG
;
or
(7)
(No change.)
(e)
A non-resident victim or claimant who is a witness may
not be reimbursed for travel expenses, pursuant to Tex. Code Crim. Proc. Art.
56.32(a)(9)(B)(iii), for attendance at or participation in the prosecution,
judicial, post conviction or post adjudication proceedings to the extent the
non-resident victim or claimant witness is eligible for reimbursement pursuant
to Tex. Code [
(f)
Reimbursement
[
(g)
Reimbursement
[
(h)
To ensure reimbursements for
lost earnings are paid at a reasonable amount, the OAG may limit reimbursement
for earnings lost due to individual medical, investigative, or court appointments
to four hours, unless evidence presented by the victim or claimant or an investigation
by the OAG indicates that the appointment exceeded four hours.
(i)
Travel expenses for counseling
appointments will not be paid once counseling limits have been reached. The
OAG may limit reimbursements for travel expenses to 30 sessions when counseling
is provided by another agency.
§61.405.Other Limits on Compensation.
(a)
(No change.)
(b)
Under Tex. Code Crim. Proc. Art. 56.32(a)(9)(c), the cost
of care for a dependent of a victim or a minor child of a victim may be awarded
if the criminally injurious conduct occurred on or after September 1, 1997,
and the care is a new expense resulting from the crime. This benefit is
subject to the following provisions:
[
(1)
Care must be provided by a
certified, registered, or licensed care provider.
(2)
The OAG will provide reimbursement
for the care at a maximum rate of $100 per week per dependent or minor child
or the actual cost of child care, whichever is less. A minor child for purposes
of this benefit may be limited to children 14 years of age or younger. The
age requirement may be removed by the OAG upon review of extenuating circumstances.
(3)
The OAG may limit child care
benefits for the dependent(s) of a surviving victim to a maximum of 90 days.
Under extenuating circumstances, child care benefits may be extended upon
review by the OAG.
(4)
Child care benefits for the
dependent(s) of a deceased victim may be paid on an ongoing basis up to a
maximum of $100 per week based on the pecuniary loss. This benefit is subject
to the award cap determined by the date of the criminally injurious conduct,
up to the maximum amount of the claim or until the dependent(s) no longer
qualifies for this benefit by age, marital status, or emancipation.
(c) - (d)
(No change.)
(e)
Under Tex. Code Crim. Proc. Art. 56.32(a)(9)(G), if the
criminally injurious conduct occurred on or after September 1, 1995, the OAG
may pay for the reasonable replacement costs, not to exceed $750[
§61.411.Evidence of a Pecuniary Loss.
(a)
(No change.)
(b)
To receive
an
ongoing compensation
benefit
[
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 March 3, 2005.
TRD-200500981
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 463-2110
Community Based Alternatives to Incarceration.
This includes projects that serve youth who need temporary placement such
as crisis intervention, shelter, and after-care; and projects that serve youth
who need residential placement such as a continuum of foster care or group
home alternatives that provide access to a comprehensive array of services.
]
Strengthening Families. This includes community-based programs
and services that work with:
]
(A)
parents and other family members
to strengthen families, including parent self-help groups, so that juveniles
may be retained in their homes;]
(B)
juveniles during their incarceration,
and with their families, to ensure the safe return of such juveniles to their
homes and to strengthen the families; and]
(C)
parents with limited English-speaking
ability, particularly in areas where there is a large population of families
with limited English-speaking ability.]
Collaboration of Local
Systems. This includes programs that meet the needs of youth through the collaboration
of the many local systems before which a youth may appear, including schools,
courts, law enforcement agencies, child protection agencies, mental health
agencies, welfare services, health care agencies, and private nonprofit agencies
offering youth services.
]
Treatment for Victims. This includes
programs that provide treatment to juvenile offenders who are the victims
of child abuse or neglect, and to their families, in order to reduce the likelihood
that such offenders will commit subsequent violations of law.
]
Educational Programs and Supportive
Services. This includes programs that:
]
(A)
encourage juveniles to remain
in elementary or secondary schools or in alternative learning situations;]
(B)
provide services to assist
juveniles in making the transition to the world of work and self-sufficiency;
and]
(C)
enhance coordination with
the local schools that such juveniles would otherwise attend, to ensure that:]
(i)
the instruction that juveniles receive outside
school is closely aligned with the instruction provided in school; and]
(ii)
information regarding any learning problems
identified in such alternative learning situations are communicated to the
schools.]
Probation.
This includes programs that expand the use of probation officers to address
the following:
]
(A)
permitting nonviolent juvenile
offenders (including status offenders) to remain at home with their families
as an alternative to incarceration or institutionalization; and]
(B)
ensuring juveniles follow
the terms of their probation.]
Counseling, Training, and Mentoring. This includes programs in support of
academic tutoring, vocational and technical training, and drug and violence
prevention counseling that are designed to link at-risk juveniles, juvenile
offenders, or juveniles who have a parent who is or was incarcerated, with
responsible individuals who are properly trained.
]
Learning Disabilities.
This includes programs that are designed to develop and implement projects
relating to juvenile delinquency and learning disabilities, including on-the-job
training programs to assist community services, law enforcement, and juvenile
justice personnel to more effectively recognize and provide for learning disabled
and other juveniles with disabilities.
]
Gangs. This includes programs designed
to deter involvement in illegal activities and to promote involvement in lawful
activities on the part of gangs whose membership is substantially composed
of youth.
]
Drug Treatment. This includes programs designed to provide for
the treatment of youths' dependence on or abuse of alcohol or other addictive
or non-addictive drugs.
]
Positive Youth Development. This includes programs that promote positive youth
development by assisting delinquent and other at-risk youth in obtaining a
sense of safety and structure; a sense of belonging and membership; a sense
of self-worth and social contribution; a sense of independence and control
over life; and, a sense of closeness in interpersonal relationships.
]
Diversion. This includes programs that encourage the courts to develop and
implement a continuum of post-adjudication restraints that bridge the gap
between traditional probation and confinement in a correctional setting.
]
Language and Other Barriers. This includes
programs (including referral to literacy programs and social service programs)
to assist families with limited English-speaking ability that include delinquent
juveniles to overcome language and other barriers that may prevent the complete
treatment of juveniles and the preservation of their families.
]
This includes programs
] designed to prevent and [
to
] reduce hate crimes committed
by juveniles.
After-School Programs.
This includes after-school programs that provide at-risk juveniles and juveniles
in the juvenile justice system with a range of age-appropriate activities,
including tutoring, mentoring, and other educational and enrichment activities.
]
Post-Placement
Services to Adjudicated Juveniles. This includes community-based programs
that provide follow-up and post-placement services to adjudicated juveniles,
to promote successful reintegration into the community.
]
Protect
the Rights of Juveniles. This includes programs designed to protect the rights
of juveniles affected by the juvenile justice system.
]
for Incarcerated Juveniles
].
Services include, but are not limited to, the development and/or
enhancement of diagnostic, treatment, and prevention instruments; psychological
and psychiatric evaluations; counseling services; and/or family support services.
[
This includes programs designed to provide mental health services
for incarcerated juveniles suspected to be in need of such services, including
assessment, development of individualized treatment plans, and discharge plans.
]
12.
JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM
paragraphs (10), (11), (13), and (15) only of §3.1203 of this chapter
].
Part 3.
OFFICE OF THE ATTORNEY GENERAL
Subchapter E. PECUNIARY LOSS
provided
] by the OAG.
provided
]
by the OAG.
of
] Crim. Proc. Art.
56.32(a)(9)(B), Art. 56.32(a)(9)(D), and Art. 56.32(a)(9)(I), the OAG may
reimburse a victim or claimant for reasonable and necessary travel expenses
resulting from the crime. Reasonable and necessary travel expenses include
transportation provided by a commercial transportation company, or for mileage
for the use of the victim's or claimant's personally owned motor vehicle,
including reimbursement to a claimant transporting a victim who is physically
or legally unable to operate a motor vehicle. The OAG
may
[
will
] reimburse [
only
] transportation expenses
only
from the victim's residence,
unless the applicant demonstrates
that extenuating circumstances exist for another starting destination. The
[
and the
] travel
distance
must exceed 20 miles
one-way.
of
] Crim. Proc. Art.
56.32(a)(9)(B)(i), (ii),
and (iii),
Art. 56.32(a)(9)(D), and Art.
56.32(a)(9)(I). The OAG may reimburse a victim or claimant for meals and lodging
when the travel
distance
, one-way from the victim's residence,
exceeds 60 miles. Only lodging provided by a commercial lodging establishment
shall be reimbursed. The term "commercial lodging establishment" means a hotel,
motel, inn, apartment, or similar entity that offers lodging to the public
in exchange for compensation.
work hours
] necessitated
by travel under this section. The form shall reflect the number of hours or
days of travel and attendance that made the victim or claimant absent from
work, if any, and the mileage using the shortest route between the victim's
residence
[
home
] and the travel destination if a personal
vehicle is used. The victim or claimant shall submit all receipts of transportation
and lodging with the claim form.
An employment verification form is required
to verify time lost from work.
The
forms
[
form
]
shall contain
all
[
one
] of the signatures of the appropriate
officials
[
official
] in the following manner:
lost
] from work and the rate of pay;
of
] Crim. Proc. Articles 56.32 and 35.27.
Compensation
] for
reasonable and necessary travel expenses incurred by a claimant on or after
June 21, 2003, is available for the purpose of witnessing an execution, as
provided by Tex. Code [
of
] Crim. Proc. Art. 56.32(a)(9)(I).
Compensation
] for
reasonable and necessary travel expenses incurred by an immediate family member
or household member of a deceased victim to attend the funeral or memorial
service of the victim, as provided by Tex. Code [
of
] Crim. Proc.
Art. 56.32(a)(9)(D), is available for one funeral or memorial service per
immediate family member or household member, for criminally injurious conduct
occurring on or after September 1, 2003.
limited to care provided
by a licensed care provider at a rate of $100 per week per dependent or minor
child.
]
.00
] in the aggregate, for property seized as evidence, rendered unusable
as a result of the criminal investigation, or that is not returned to the
victim or claimant by law enforcement within a reasonable period of time.
benefits
], the victim or claimant must submit bills, records
or evidence of
the
continuing pecuniary loss to the OAG within
six months after the date the services were provided
or the cost was
incurred
. The OAG may close the claim for failure to comply with the
six-month limitation period.
Subchapter F. MEDICAL CARE