37 TAC §81.35
The Texas Youth Commission (the commission) proposes an amendment
to §81.35, concerning Rights of Victims. The amendment to the section
will include confidentiality on information in a victim's impact statement
or information submitted in the preparation of a victim impact statement regarding
the victim's name, social security number, address, or any other identifying
information, regardless of whether a victim has filed a written, formal request
to allow public access of the information held to be disclosed.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section. In addition, any victim involvement
while the youth is in the commission's custody is confidential.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the section is in effect the public benefit anticipated as
a result of enforcing the section will be the protection of victims while
the youth is in the commission's custody. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the section as proposed. No private real property rights are
affected by adoption of this rule.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email
to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Family Code, §57.002,
which provides the commission with the authority to provide specific rights
within the juvenile justice system to victims.
The proposed rule affects the Human Resources Code, §61.034.
§81.35.Rights of Victims.
(a)
(No change.)
(b)
Applicability. Rules governing confidentiality of youth
records can be found in [
(GAP)
] §99.1 of this title
regarding confidentiality of a youth's alcohol and drug abuse
[
(relating to Confidentiality Regarding Youth Alcohol and Drug Abuse)
]
and [
(GAP)
] §99.9 of this title
regarding access to youth's
information and records
[
(relating to Access to Youth Information
and Records)
].
(c)
Explanation of Terms Used.
(1)
Victim--a person who as the result of the delinquent conduct
of a child suffers a
financial
[
pecuniary
] loss or personal
injury or harm.
(2)
Close relative of a deceased victim--a person who was the
spouse of a deceased victim at the time of the victim's death or who is a
parent or adult brother, sister, or child of the deceased victim.
(3)
Guardian of a victim--a person who is the legal guardian
of the victim, whether or not the legal relationship between the guardian
and victim exists because of the age of the victim or the physical or mental
incompetence of the victim.
(d)
(No change.)
(e)
Victim Confidentiality.
(1)
Information in a victim impact statement or information
submitted in the preparation of a victim impact statement is confidential
with regard to the victim's name, social security number, address, or any
other identifying information, regardless of whether a victim has filed a
written, formal request to allow public access of the information held to
be disclosed.
(2)
Any victim involvement while the youth is in TYC custody
is confidential.
(f)
[
(e)
] Victim's Right to Information.
(1)
A victim may request, in writing, any of the information
listed below:
(A)
information
concerning
[
of
] the procedures
for release or transfer of the youth from one program placement to another
including to the custody of the pardons and paroles division of the Texas
Department of Criminal Justice (TDCJ) for parole;
(B)
notification of the proceedings for release under supervision
including release on parole status, or release to a non-institutional community
placement, or transfer to TDCJ for parole concerning the youth; and
(C)
notification of the youth's release under supervision including
release on parole status, or release to a non-institutional community placement,
or transfer to TDCJ for parole.
(2)
The requested information, if appropriate, will be sent
to the victim at his or her most current address on file by TYC staff at the
youth's placement program
or administrator of victim services
.
(3)
For a victim who has requested information,
the appropriate
TYC staff MAY reveal only the following:
(A)
youth is under TYC's jurisdiction[
, minimum length
of stay, and the committing offense
];
(B)
the minimum length of stay and/or the
minimum period of confinement;
(C)
the committing and classifying offense
in which the victim was involved;
(D)
[
(B)
] conditions of parole supervision
(except specialized treatment);
(E)
[
(C)
] information about a TYC administrative
hearing for the offense in which the victim was involved;
(F)
[
(E)
] that the youth has been transferred
to another location and the name of that location unless the program is only
for substance abuse treatment; [
and
]
(G)
[
(F)
] the name of the youth's caseworker
or parole
officer; and
[
officer.
]
(H)
information about TYC's Resocialization
program (do not reveal specific information regarding the youth's treatment).
(g)
[
(f)
] Victim's Right to Participation.
(1)
A victim may provide to TYC for inclusion in the youth's
masterfile information to be considered by the Commission before the release
under supervision including release on parole status, or release to a non-institutional
community placement, or TDCJ transfer for parole.
(2)
If the victim requests in writing and receives permission
to provide input in person, he or she may participate in a youth's staffing
for release under supervision (home on parole status), or movement to a non-institutional
community placement, or transfer to TDCJ parole. The victim shall not be allowed
to attend the entire staffing regarding the youth.
(3)
Victims who appear in person will be provided a waiting
area separate from any location where they might encounter youth.
(h)
[
(g)
] Victim Appeal. The victim has
not right of appeal in any TYC decision.
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 10, 2006.
TRD-200601551
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 23, 2006
For further information, please call: (512) 424-6301