Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION, PLACEMENT, AND PROGRAM COMPLETION
The Texas Youth Commission (TYC) adopts the repeal of §§85.29,
85.33, 85.35, 85.39, 85.41, 85.43, 85.45, 85.51 and 85.61; and amendments
to §85.21 and §85.25, without changes to the proposed text as published
in the February 4, 2005, issue of the
Texas Register
(30 TexReg 512).
TYC simultaneously adopts new §§85.31, 85.51, 85.55, 85.59, 85.61,
85.69, 85.71, 85.75, 85.79, 85.85, and 85.95 without changes to the proposed
text as published in the February 4, 2005, issue of the
Texas Register
(30 TexReg 512). Sections 85.41, 85.45, 85.65 are adopted
with changes to the proposed text and will be republished. The change in §85.41
was to delete the description of the release packed documentation as a notebook
with tabbed sections. Changes were also made in §85.45(b)(2) and §85.65(b)(4)
to correct grammatical errors.
The justification for the repeals, amendments, and new rules is to better
organize information relating to the progress, movement, and release of youth
within TYC's programs.
No comments were received regarding adoption of the repeals, amendments
or new rules.
Subchapter B. PLACEMENT PLANNING
37 TAC §§85.21, 85.25, 85.31
The amendments and new rule are adopted under the Human Resources
Code §61.075, which provides TYC 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; §61.076, which provides TYC the authority
to require a child to participate in correctional training and activities;
and §61.034, which provides TYC the authority to make rules appropriate
to the proper accomplishment of its functions.
The adopted amendments and new rule affect 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 7, 2005.
TRD-200501033
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 27, 2005
Proposal publication date: February 4, 2005
For further information, please call: (512) 424-6014
Subchapter B. PLACEMENT PLANNING
37 TAC §§85.29, 85.33, 85.35, 85.39, 85.41, 85.43, 85.45, 85.51, 85.61
The repeal is adopted under the Human Resources Code §61.034,
which provides TYC with the authority to make rules appropriate to the proper
accomplishment of its functions.
The adopted repeal affects 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 7, 2005.
TRD-200501034
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 27, 2005
Proposal publication date: February 4, 2005
For further information, please call: (512) 424-6014
Subchapter C. MOVEMENT WITHOUT PROGRAM COMPLETION
37 TAC §85.41, §85.45
The new rules are adopted under the Human Resources Code, §61.075,
which provides TYC 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; §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; and §61.034, which provides TYC the authority
to make rules appropriate to the proper accomplishment of its functions.
The adopted new 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 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:
(1)
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;
(5)
sentenced or Type A violent offenders as defined in §85.23
of this title (relating to Classification); and
(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)
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.
(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.
(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).
(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.
(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
Program), will be released to TYC parole (home or home substitute) when 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;
(B)
four (4) months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A3, B3, C3;
(C)
eight (8) months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A2, B2, C2; or
(D)
12 months have elapsed since completion of the minimum
length of stay and 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,
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 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;
(B)
eight (8) months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A3, B3, C3;
(C)
12 months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A2, B2, C2; or
(D)
18 months have elapsed since completion of the minimum
length of stay and a current assessment of, at a minimum, Resocialization
phase A1, B1, C1.
(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)
Purpose. The purpose of this policy is to establish criteria
and procedures for movement of youth without program completion.
(b)
Applicability.
(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).
(3)
Prior to a transition, a youth may request and in doing
so will be granted a Level II hearing.
(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)
Eligibility. Type A violent offenders and sentenced offenders
are not eligible for transition movement. Youth of eligible classifications
must meet transition criteria as set forth in paragraphs (2) and (3) of this
subsection to qualify for a transition movement.
(2)
Transition Criteria for Youth in Programs where Resocialization
is Administered. Youth will be eligible for transition from a high or medium
restriction (initial placement) facility to a medium restriction placement
when the following criteria have been met:
(A)
no confirmed Category I rule violations through a due process
hearing within 90 days prior to the exit review; and
(B)
no confirmed Category I rule violations through a due process
hearing during the approval process, as outlined in paragraph (4) of this
subsection; and
(C)
completion of minimum length of stay requirements:
(i)
general offenders must complete all but three (3) months
of the minimum length of stay; or
(ii)
Type B violent offenders, chronic serious offenders, controlled
substance dealer offenders and firearms offenders must complete all but six
(6) months of the minimum length of stay; and
(D)
a current assessment of, at a minimum, Resocialization
phase A3, B3, C3 with no main objectives or sub-objective indicators under
remediation (not applicable to sex offenders with court orders deferring their
sex offender registration requirements who have not previously attained phase
A4, B4, C4; see §87.85 of this title); and
(E)
for youth committed after April 1, 2005, 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).
(3)
Transition Criteria for Youth in Contract Care Programs
where Resocialization is Not Administered. Youth in high restriction contract
care programs where Resocialization is not administered will be eligible for
transition to a medium restriction placement when the following criteria have
been met:
(A)
no confirmed Category I rule violations through a due process
hearing within 90 days prior to the exit review; and
(B)
no confirmed Category I rule violations through a due process
hearing during the approval process as outlined in paragraph (4) of this subsection;
and
(C)
completion of minimum length of stay requirements:
(i)
general offenders must complete all but three (3) months
of the minimum length of stay; or
(ii)
Type B violent offenders, chronic serious offenders, controlled
substance dealer offenders and firearms offenders must complete all but six
(6) months of the minimum length of stay; and
(D)
identify personal motivations for delinquent behavior;
and
(E)
demonstrate an understanding of their personal delinquent
behavior patterns and demonstrate the ability to interrupt their offense patterns;
and
(F)
complete a plan that identifies goals and a plan of action
to achieve goals and that identifies obstacles that will support successful
re-entry into the community.
(4)
Decision Authority for Approval of Transition.
(A)
The final decision authority shall approve the youth's
transition plan upon a determination that the youth meets all transition criteria
and the transition/release ICP adequately addresses risk factors.
(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.
(E)
The final decision authority is:
(i)
the superintendent, for youth assigned to TYC-operated
placements; or
(ii)
the quality assurance 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.
(B)
When population reaches five percent (5%) above budgeted
capacity for general population, the superintendent shall invoke population
control release procedures.
(2)
Release Criteria.
(A)
The following youth are ineligible for population control
release:
(i)
Type A violent offenders;
(ii)
Sentenced offenders;
(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
(iv)
Sex offenders with court orders deferring their sex offender
registration requirements.
(B)
Youth who are eligible for release to TYC parole (home
or home substitute) due to an overpopulation condition must meet the following
criteria:
(i)
completion of the minimum length of stay; and
(ii)
a current assessment of, at a minimum, Resocialization
phase A3, B3, C3 with no main objectives or sub-objective indicators under
remediation. Priority should be given to those who have mastered the most
objectives towards completion of A4, B4, C4 Resocialization goals.
(f)
Administrative Transfers. Administrative transfers may
be made among programs of equal restriction without a due process hearing.
An administrative transfer shall not be made in lieu of a transfer for which
a due process hearing is mandatory.
(g)
Hardship Cases. In hardship cases, the deputy executive
director may approve placing a youth on parole status without meeting program
completion criteria.
(h)
Mentally Ill and Mentally Retarded Youth. Certain youth
shall be discharged following application for appropriate services to address
their mental illness or mental retardation. See §87.79 of this title
(relating to Discharge of Mentally Ill and Mentally Retarded Youth).
(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).
(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) working days prior to the transition or 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 March 7, 2005.
TRD-200501035
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 27, 2005
Proposal publication date: February 4, 2005
For further information, please call: (512) 424-6014
37 TAC §§85.51, 85.55, 85.59, 85.61, 85.65, 85.69
The new rules are adopted under the Human Resources Code, §61.075,
which provides TYC 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; §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; and §61.034, which provides TYC the authority
to make rules appropriate to the proper accomplishment of its functions.
The adopted new rules affect the Human Resources Code, §61.034.
§85.65.Transfer of Sentenced Offenders to TDCJ-ID.
(a)
Purpose. The purpose of this rule is to establish criteria
and approval process for transferring a sentenced offender youth to 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 address all types of disciplinary movements.
See Chapter 95, Subchapter A of this title (relating to Disciplinary Practices).
(3)
This rule does not apply to the transfer of sentenced offenders
to TDCJ-Parole Division (TDCJ-PD). See §85.61 of this title (relating
to Program Completion for Sentenced Offenders Age 19 or Older).
(4)
This rule does not apply to the transfer of sentenced offenders
adjudicated for capital murder to TDCJ-ID. See §85.69 of this title (relating
to Program Completion for Sentenced Offenders Adjudicated for Capital Murder).
(5)
This rule does not apply to new charges incurred by sentenced
offenders while committed to Texas Youth Commission (TYC), but only to the
disposition of the original determinate sentence.
(6)
For discharge criteria, see §85.95 of this title (relating
to Discharge/Transfer of Custody).
(c)
General Restrictions. Refer to §85.59 of this title
(relating to Program Completion for Sentenced Offenders Under Age 19) for
the list of general restrictions.
(d)
General Requirements.
(1)
Program staff will explain transfer criteria to every youth
during orientation to each placement.
(2)
The Special Services Committee (SSC) shall evaluate the
youth's progress toward program completion criteria six (6) months after admission
to TYC, when the minimum period of confinement (MPC) is complete, on or about
the youth's 20th birthday, and at other times as requested by the committee.
(3)
TYC program staff where the youth is assigned shall determine
when transfer criteria have been met.
(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.
(e)
Transfer Criteria.
(1)
Sentenced Offender Youth Whose Parole has been Revoked.
A transfer shall occur if ordered by the juvenile court. TYC may request a
juvenile court hearing for a youth whose parole has been revoked and the following
criteria have been met:
(A)
youth is at least age 16; and
(B)
youth has not completed his/her sentence; and
(C)
youth's conduct indicates that the welfare of the community
requires the transfer.
(2)
Sentenced Offender Youth in Residential Placement. A transfer
shall occur if ordered by the juvenile court. TYC may request a juvenile court
hearing for any other youth 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; 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 for Approval to Transfer. Transferring
from a high restriction facility the following procedures will occur:
(1)
A youth shall not be transferred to TDCJ-ID until the final
decision authority has determined that the youth meets program completion
requirements and the transfer plan adequately addresses risk factors.
(2)
The final TYC decision authority is the deputy executive
director.
(3)
The deputy executive director must approve the request
for a hearing by the committing juvenile court for early transfer.
(4)
The final transfer approval authority for early transfer
to TDCJ-ID, prior to the completion of the MPC, is the committing juvenile
court.
(g)
Transfer Process.
(1)
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.
(2)
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.
(3)
Upon transfer to TDCJ-ID, the youth may bring only the
following personal property items to TDCJ-ID:
(A)
Bible/Other Religion Text--some offenders write addresses
and telephone numbers in it since they cannot take separate paper into TDCJ-ID;
(B)
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) working 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 March 7, 2005.
TRD-200501036
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 27, 2005
Proposal publication date: February 4, 2005
For further information, please call: (512) 424-6014
37 TAC §§85.71, 85.75, 85.79, 85.85, 85.95
The new rules are adopted under the Human Resources Code, §61.075,
which provides TYC 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; §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; and §61.034, which provides TYC the authority
to make rules appropriate to the proper accomplishment of its functions.
The adopted rules affect 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 7, 2005.
TRD-200501037
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 27, 2005
Proposal publication date: February 4, 2005
For further information, please call: (512) 424-6014
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.75, §87.79
The Texas Youth Commission (the commission) adopts amendments §87.75
Mentally Retarded Offender Program and §87.79 Discharge of Mentally Ill
and Mentally Retarded Youth, without changes to the proposed text as published
in the February 4, 2005, issue of the
Texas Register
(30 TexReg 531).
The justification for amending the sections is the availability of current
and accurate agency policy. The amended sections will include updated references
to sections in Chapter 85.
No comments were received regarding adoption of the amendments.
The amendments are 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 rules implement 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 7, 2005.
TRD-200501038
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 27, 2005
Proposal publication date: February 4, 2005
For further information, please call: (512) 424-6014
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §§95.7, 95.9, 95.11, 95.17
The Texas Youth Commission (the commission) adopts amendments
to §95.7 Reclassification Consequence; §95.9 Parole Revocation Consequence; §95.11
Disciplinary Transfer/Assigned Minimum Length of Stay/Demotion of Phase Consequence;
and §95.17 Behavior Management Program, without changes to the proposed
text as published in the February 4, 2005, issue of the
Texas Register
(30 TexReg 532).
The justification for amending the sections is the availability of current
and accurate agency policy. The amended sections will include updated references
to sections in Chapter 85.
No comments were received regarding adoption of the amendments.
The amendments are 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 rules implement 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 7, 2005.
TRD-200501039
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: March 27, 2005
Proposal publication date: February 4, 2005
For further information, please call: (512) 424-6014
Subchapter A. SECURITY AND CONTROL
Chapter 85.
ADMISSION AND PLACEMENT
Chapter 85.
ADMISSION, PLACEMENT, AND PROGRAM COMPLETION
Subchapter D. PROGRAM COMPLETION
Subchapter E. PAROLE PLACEMENT AND DISCHARGE
Chapter 87.
TREATMENT
Chapter 95.
YOUTH DISCIPLINE
Chapter 97.
SECURITY AND CONTROL