TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 3. TEXAS YOUTH COMMISSION

Chapter 85. ADMISSION, PLACEMENT, AND PROGRAM COMPLETION

Subchapter C. MOVEMENT WITHOUT PROGRAM COMPLETION

37 TAC §85.41

The Texas Youth Commission (the commission) adopts the repeal of §85.41, concerning Maximum Length of Stay for Other Than Type A Violent and Sentenced Offenders, without changes to the proposed text as published in the December 2, 2005, issue of the Texas Register (30 TexReg 8000).

The justification for the repeal of the section is to allow for a significantly revised rule to be published in its place.

No comments were received regarding adoption of the repeal.

The repeal 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 January 12, 2006.

TRD-200600213

Dwight Harris

Executive Director

Texas Youth Commission

Effective date: February 1, 2006

Proposal publication date: December 2, 2005

For further information, please call: (512) 424-6014


37 TAC §85.41

The Texas Youth Commission (the commission) adopts new §85.41, concerning Maximum Length of Stay, without changes to the proposed text as published in the December 2, 2005, issue of the Texas Register (30 TexReg 8001).

The justification for the new rule is the efficient use of agency resources. The new section allows only general offenders to be released under this rule. Additionally, the length of time such youth must serve in high restriction to be eligible for release is now calculated based on a certain number of months in addition to (as opposed to elapsed since completion of) the minimum length of stay plus any disciplinary extensions. Furthermore, the timeframe during which a youth must be free of Category 1 rule violations in order to be eligible for release under this rule is lowered from 90 days to 30 days prior to the exit review. The deadline by which an eligible youth must be released to parole is reduced from 45 days after the exit review to 30 days.

No comments were received regarding adoption of the new rule.

The new rule 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 January 12, 2006.

TRD-200600212

Dwight Harris

Executive Director

Texas Youth Commission

Effective date: February 1, 2006

Proposal publication date: December 2, 2005

For further information, please call: (512) 424-6014


Chapter 91. PROGRAM SERVICES

Subchapter D. HEALTH CARE SERVICES

37 TAC §91.99

The Texas Youth Commission (the commission) adopts the repeal of §91.99, concerning Medical Admissions for Al Price State Juvenile Correctional Facility, without changes to the proposed text as published in the December 2, 2005, issue of the Texas Register (30 TexReg 8002).

The justification for the repeal is the efficient use of agency resources. The repeal reflects the agency's determination that due to the small number of youth with chronic illnesses requiring frequent care in TYC custody, the operation of a specialized dorm to house such youth is no longer necessary. Such youth continue to receive necessary medical care in accordance with rules established by the agency which govern the provision of medical care.

No comments were received regarding adoption of the repeal.

The repeal 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 January 12, 2006.

TRD-200600214

Dwight Harris

Executive Director

Texas Youth Commission

Effective date: February 1, 2006

Proposal publication date: December 2, 2005

For further information, please call: (512) 424-6014


Chapter 95. YOUTH DISCIPLINE

Subchapter A. DISCIPLINARY PRACTICES

37 TAC §95.21

The Texas Youth Commission (the commission) adopts an amendment to §95.21, concerning the Aggression Management Program, without changes to the proposed text as published in the December 2, 2005, issue of the Texas Register (30 TexReg 8003).

The justification for amending the section is to provide for the timely parole release of eligible youth. The amended rule allows youth to be released from the Aggression Management Program (AMP) to parole when youth complete AMP requirements and meet release criteria pursuant to new §85.41, which is adopted in this issue of the Texas Register . If a youth completes AMP requirements, but does not meet release criteria under §85.41, the youth will be released from AMP to the general population in a placement determined by the Centralized Placement Unit.

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 January 12, 2006.

TRD-200600215

Dwight Harris

Executive Director

Texas Youth Commission

Effective date: February 1, 2006

Proposal publication date: December 2, 2005

For further information, please call: (512) 424-6014