Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.1
The Texas Youth Commission (the commission) proposes an amendment
to §81.1, concerning Public Information Requests. The amended section
requires that requests for public information be submitted in writing.
The proposed rule also establishes that the commission will not consider
public information requests submitted by fax or e-mail as received until the
request is submitted to the agency's designated fax number or email address
for such requests. This amendment will not affect public information requests
delivered via regular mail or in-person, which are considered 'received' upon
receipt by any staff.
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.
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 efficient use of agency resources.
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 Texas Government Code, §552.
The proposed rule affects the Human Resources Code, §61.034.
§81.1.Public Information Request
(a)
Purpose. The purpose of this rule is to provide information,
consistent with the Public Information Act, Texas Government Code Chapter
552, regarding requests for public information from the
Texas Youth Commission
(TYC)
[
(b)
Pursuant to Texas Government Code §552.201,
the executive director is the officer for public information. The executive
director may designate an open records coordinator to respond to requests
for public information. Each department head is an agent of the executive
director for purposes of complying with the Public Information Act.
[
(c)
The TYC shall:
(1)
make public information available for inspection
and copying;
(2)
carefully protect public information from
deterioration, alteration, mutilation, loss, or unlawful removal; and
(3)
repair, renovate, or re-bind public information
as necessary to maintain it properly.
(d)
Each TYC facility shall post a sign in
the administrative offices of the facility, in the form prescribed by the
Texas Building and Procurement Commission. The sign shall contain the basic
rights of a requestor of public information, the responsibilities of TYC,
and the procedures for inspecting or obtaining a copy of public information.
(e)
[
(f)
All requests for youth records or information
shall be processed according to §99.9 of this title.
(g)
[
(h)
[
(i)
[
(j)
[
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 May 10, 2006.
TRD-200602604
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 424-6301
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.75
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (the commission) proposes
the repeal of §87.75, concerning Mentally Retarded Offender Program.
The repeal of the section will allow for a new rule to be published in its
place. The new rule is proposed in this issue of the
Texas Register
.
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.
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 availability of a new rule concerning
program services for offenders with mental retardation. 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 repeal is proposed 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.
The proposed rule affects the Human Resources Code, §61.034.
§87.75.Mentally Retarded Offender Program.
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 May 10, 2006.
TRD-200602607
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 424-6301
37 TAC §87.75
The Texas Youth Commission (the commission) proposes new §87.75,
concerning Program Services for Offenders with Mental Retardation. The new
section will set forth the commission's policy regarding specialized program
services for youth identified as having a "Priority 1" need for mental retardation
services. The current rule addressing these services is proposed for repeal
in this issue of the
Texas Register
. Primarily,
this rule revision will effect an operational change wherein the Corsicana
Residential Treatment Center (CRTC) is no longer required to operate a dedicated
program dormitory, with a predetermined number of beds, for offenders with
mental retardation. The program will operate instead as a plan of service
which can be applied anywhere on campus.
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.
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 more efficient use of agency resources.
Specifically, CRTC will no longer need to maintain a pre-determined population
number in the program for offenders with mental retardation. Rather, CRTC
will be able to place Priority 1 youth in the most appropriate location on
campus according to their size, age, gender and abilities. 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 new section is proposed under the Human Resources Code, §61.075,
which provides the commission 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.
The proposed rule affects the Human Resources Code, §61.034.
§87.75.Program Services for Offenders with Mental Retardation.
(a)
Purpose. The Corsicana Residential Treatment Center (CRTC)
provides specialized program services for youth identified with a Priority
1 need for mental retardation services. The rule will establish admission
criteria and procedures, and release, transition or transfer options for youth
with mental retardation.
(b)
Explanation of Terms Used. Priority 1: Specialized Mental
Retardation Services--specialized mental retardation services are required
for youth who, based upon the results of an appropriate psychological assessment,
are diagnosed with moderate to severe mental retardation and corresponding
deficits in adaptive functioning, according to the guidelines published in
the most recent edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
(c)
Admissions Criteria. Youth from a secure residential program
will be admitted to the CRTC if a Priority 1 need for mental retardation services
has been established.
(d)
Program Requirements. The CRTC will adapt the agency's
Resocialization program to enable the progress of youth diagnosed with mental
retardation. These adaptations will be documented monthly in the youth's Individual
Case Plan (ICP).
(e)
Release, Transfer and Transition Options.
(1)
Youth in the CRTC who meet criteria for transition, release
or transfer according to §§85.45, 85.55, 85.59, 85.61, 85.65, or
85.69 of this title may be transitioned to a less restrictive setting or paroled
to the community or transferred to Texas Department of Criminal Justice (TDCJ).
(2)
Youth may be transitioned from the CRTC to an alternative
placement if their functional ability improves to a level at which they can
continue to progress with identified program adaptations in a general population
setting.
(3)
Youth who do not progress in the agency's Resocialization
program for reasons other than mental retardation may be transferred to another
facility through the centralized placement unit (as an administrative transfer)
for appropriate placement. For administrative transfer procedures, see §85.45
of this title.
(4)
Youth in the CRTC who have completed the initial minimum
length of stay and are determined to be unable to progress in the agency's
Resocialization Program due mental retardation in accordance with §87.79
of this title shall be discharged.
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 May 10, 2006.
TRD-200602606
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 424-6301
Subchapter A. BASIC SERVICES
37 TAC §91.7
The Texas Youth Commission (the commission) proposes an amendment
to §91.7, concerning Youth Personal Property. The amendment to the section
adds a reference to §87.4, concerning Resocialization Earned Privilege
System, which was adopted in the January 6, 2006, issue of the
Texas Register
(31 TexReg 173). The amendment also removes rules relating
to youth possessions which is now covered under §87.4.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
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 ease of access to information
and elimination of duplicative agency policy. 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 Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The proposed rule affects the Human Resources Code, §61.034.
§91.7.Youth Personal Property.
(a)
Purpose. The purpose of this policy is to establish limits
on the personal property a youth may posses while assigned to a residential
facility. The restriction and prohibition of personal property is necessary
in order to maintain facility order and provide a safe, sanitary and constructive
environment conducive to the youth's rehabilitation. This rule also defines
items that are considered contraband in a residential setting.
(b)
Applicability.
(1)
Contraband items other than contraband money will be disposed
of in accordance with §97.11 of this title [
(2)
Contraband money as defined in subsection
(c)(7)
[
[
[
[
(c)
[
(1)
Any item which is a crime to possess under municipal ordinances
or state or federal law, including solvent inhalants, drugs, and alcohol.
(2)
Unauthorized possession of prescription drugs or over the
counter medication. For example: medication not prescribed to the youth, or
in excess of the amount prescribed to the youth, or without the consent or
knowledge of staff, or at an unauthorized time, etc.
(3)
Narcotics paraphernalia.
(4)
Items that can be used, made, or adapted to use as weapons
against self or others.
Because jewelry represents a risk to facility
safety (e.g., items may be used as weapons or may injure staff/youth during
a restraint), youth are not allowed to possess any jewelry.
(5)
Pictures or drawings that depict exploitive or sexually
explicit male or female nudity or partial nudity or sexual acts, including
magazines or periodicals, which routinely publish such pictures. No forms
of nudity will be allowed to be posted.
(6)
Any items with slogans, mottos or emblems which are obscene,
advocate illegal or immoral conduct, hold individuals or groups up to ridicule,
advocate violence, or reinforce delinquent subcultural values, or in any way
disrupt programs or activities, including but not limited to posters, pictures,
magazines, periodicals, or clothing.
(7)
Money in excess of the amount or not in a form permitted
by facility rules.
(8)
Gambling paraphernalia (dice, playing cards, etc.).
(9)
Devices which have been fashioned to produce tattoos.
(10)
Any item not listed on the youth's Personal Property and
Clothing Inventory form[
(d)
General Requirements.
(1)
The TYC assessment center shall prohibit
youth possessing personal property except for medically necessary items. All
personal property except for medically necessary items will be inventoried,
receipted and returned to the person transporting the youth to the facility
to be returned to the youth's home. The county transporter is responsible
for ensuring that all personal items are returned to the youth's home.
(2)
Other residential programs may prohibit
youth from possessing personal property except for medically necessary items,
personal letters, and photographs that are otherwise acceptable. Programs
may allow youth to possess limited personal property consistent with the program's
privilege system and/or interaction in the community in accordance with §93.1
of this title.
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
[
[
(13)
Youth in TYC-operated Institutions:
(A)
[
[
[
(B)
[
[
(C)
[
[
[
[
[
[
[
[
[
(D)
[
[
[
[
[
[
[
[
[
(E)
[
(F)
may possess personal magazines,
books or other publications; however, the policy on contraband will limit
the content. The youth will be limited in the number or the amount of publications
based on storage space limitations, and based on what the local fire marshal
will allow (e.g., three books, four publications, etc).
(14)
Youth in TYC-operated institutions
are restricted from the following:
[
(A)
For sanitary reasons, makeup may not be shared among youth.
[
(B)
[
(C)
[
(D)
[
(E)
Youth may not possess any item that is
not expressly allowed in TYC policy.
[
[
(15)
Youth in TYC-operated institutions
may obtain the following items:
[
(A)
Personal clothing for off-campus privileges, shoes, makeup
and other hygiene products may be purchased by the youth through a local commissary
or purchased by the facility on the youth's behalf, using money from the youth's
student trust fund.
See §87.4 of this title.
(B)
Youth will be allowed to receive phase-appropriate shoes
or clothing through the mail, only if it is shipped directly from the store.
These items will be searched for contraband by staff in the presence of the
youth and placed on the youth's inventory the day they are received.
(C)
If a facility chooses to purchase these items on the youth's
behalf, a local procedure shall be outlined to include a standard approval
procedure and proper accounting procedures. Staff shall not take money directly
from youth for this purpose.
[
[
[
[
[
[
[
[
[
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 May 10, 2006.
TRD-200602608
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.17
The Texas Youth Commission (the commission) proposes an amendment
to §95.17, concerning Behavior Management Program. The amendment to the
section will add assault of a staff/volunteer by offensive contact to the
list of rule violations which, when committed by a youth, will result in placement
in a Behavior Management Program.
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.
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 providing for the safety of staff
and volunteers, and holding youth accountable for high-risk rule violations.
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 Human Resources Code, §61.075,
which provides the commission 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.
The proposed rule affects the Human Resources Code, §61.034.
§95.17.Behavior Management Program.
(a) - (d)
(No change.)
(e)
Program Eligibility. A youth who knowingly engages in,
aids, or abets someone else to engage in one or more of the following high
risk behaviors is eligible for placement in a BMP:
(1) - (2)
(No change.)
(3)
threatening imminent bodily
injury as defined in §95.3 of this title;
(4)
assault on staff/volunteer
(Offensive Contact) as defined in §95.3 of this title;
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
[
(10)
[
(11)
[
(12)
[
(13)
[
(A)
five (5) or more admissions or extensions to the security
program in a 30-day period, or ten (10) or more admissions or extensions to
the security program in a three (3)-month period; and
(B)
release within the previous six (6) months from a PIP or
BMP; or
(14)
[
(f) - (h)
(No change.)
(i)
Progress Through Program Stages. The program consists of
five (5) stages. Movement through each stage is based on successful completion
of performance objectives.
(1) - (4)
(No change.)
(5)
Stage 5. Stage 5 shall not exceed 30 consecutive days in
duration. Youth are released from the security unit immediately upon completion
of Stage 4 and begin participating in a Primary Intervention Program (PIP)
on an assigned general population dorm. Youth may earn phases in all areas
of Resocialization while on this stage.
(A)
(No change.)
(B)
Stage 5 Completion Criteria.
(i)
Completion of 30 consecutive days with no Category I rule
violations
and no security referrals
, no more than one (1) Category
II rule violation in any seven-day review period, [
(ii)
(No change.)
(j) - (n)
(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 May 10, 2006.
TRD-200602609
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 424-6301
Subchapter A. YOUTH RECORDS
agency
].
If not excepted, all information collected, assembled, or maintained in connection
with the transaction of official business is public information and shall
be available to the public during normal business hours. Forms in which the
media containing public information exists include book, paper, letter, document,
printout, photograph, film, tape, microfiche, microfilm, Photostat, sound
recording, map, and drawing and a voice, data, or video representation held
in computer memory.
]
(c)
] All requests
must
[
should
] be in writing and should include the name, address and telephone
number of the
requestor
[
requester
]. Requests
submitted by fax or email are not considered received until submitted to the
fax number or email address designated by TYC on its Internet website
[
will be accepted by fax and email
].
(d)
]
Except as described in
subsection (i) of this section, information that is open for inspection shall
"promptly" be made available to the requestor. "Promptly" means as soon as
possible under the circumstances, within a reasonable time, without delay.
If a response to a request cannot be made within ten (10) business days from
receipt of the request, the open records coordinator shall notify the requestor
in writing of the date on which the records will be made available. A governmental
body is not entitled to automatically withhold for ten (10) business days
information not excepted from public disclosure.
[
TYC staff shall
respond immediately without delay to a request.
]
(e)
] If
TYC
[
the
legal services department
] determines that the request will require
an opinion by the Attorney General as to the releasability of the requested
information, the request to the Attorney General
shall
[
must
] be made within ten business days of the receipt of the request for
information
, with written notice provided to the requestor
. Otherwise,
the information is open for inspection.
(f)
] Information requested by a
member of the legislature or a member of a legislative body will be provided
at no charge. If the requested information is confidential it shall remain
so in the hands of the
requestor
[
requester
]. The
requestor must
[
requester shall
] complete
an affidavit
regarding confidentiality of the information
[
TYC Affidavit: Confidentiality
Agreement Relating to Release of Public Information form, LS-032 regarding
confidentiality
].
(g)
] Costs for production of requested
documents are based on guidelines
established
by the Texas Building
and Procurement Commission. See §81.75 of this title [
(relating
to Copying Costs)
].
Chapter 87.
TREATMENT
Chapter 91.
PROGRAM SERVICES
(relating to Control
of Unauthorized Items Seized)
].
(d)(7)
] of this section will be disposed of in accordance with §95.11
of this title [
(relating to Disciplinary Consequences)
].
(c)
General Requirements.]
(1)
The Texas Youth Commission (TYC) assessment
center shall prohibit youth possessing personal property except for medically
necessary items. All personal property except for medically necessary items,
will be inventoried, receipted and returned to the person transporting the
youth to the facility to be returned to the youth's home. The county transporter
is responsible for ensuring that all personal items are returned to the youth's
home.]
(2)
Other residential programs may prohibit youth
from possessing personal property except for medically necessary items, personal
letters, and photographs that are otherwise acceptable. Programs may allow
youth to possess limited personal property consistent with the program's privilege
system and/or interaction in the community in accordance with §93.1 of
this title (relating to Basic Youth Rights).]
(d)
] [
Prohibited Items/
]
Contraband.
The
[
Possession (care, custody or control) of
the
] following items are [
prohibited and will be
] considered
contraband
. Possession (care, custody, or control) of such items within
a Texas Youth Commission (TYC)-operated
[
within a TYC operated
] or contract residential facility
is prohibited
.
, CCF-510
] (other than personal letters
or photographs).
(e)
] Due to space limitations, youth
may be restricted to possessions that will fit in their designated storage
space in a neat and orderly manner. This includes letters, pictures, books
and magazines.
(1)
] The amount of space a youth
has to store personal belongings will be left up to the facility, dependent
on local issues such as the configuration of the dorm.
(2)
] No youth will be denied the
right to possess what the agency allows based on inadequate storage space;
however, local administration may limit the number or amount of these items
based on space limitations.
(f)
] Youth with a documented history
of self-injury may have restricted access to certain possessions otherwise
authorized under this policy that might be used to cause themselves harm.
These restrictions will be made on an individual basis and documented in the
youth's Individual Case Plan (ICP).
(g)
] A program is neither liable
for nor will replace lost, stolen or damaged personal items of youth unless
loss or damage can be shown to have resulted from staff negligence.
(h)
] An inventory of any personal
property or clothing a youth is allowed to possess will be established and
maintained. Any item not listed on this inventory will be considered contraband
and disposed of according to §97.11 of this title.
(i)
] Any personal property or clothing
a youth is allowed to possess will move with the youth to each assigned placement.
(j)
] Youth may not give, take,
borrow, steal, barter, or trade possessions with other youth.
(k)
] A youth who escapes shall
be considered to have abandoned his property. The administrator will notify
the youth and his or her parents, head of household, or managing conservator
of the inventory of property and that the property will be disposed of in
30 days unless shipping COD is authorized. If authorization is given, all
property is shipped COD by the least expensive means available. If after 30
days in storage the property has not been demanded, then the property is disposed
of. Should a youth subsequently return from an escape, reasonable efforts
will be made to return any property remaining at the facility. However, a
youth shall not be entitled to compensation for any loss or damage caused
by disposition or shipping of property in accordance with this procedure.
(l)
] Parents and youth will be
notified in writing of the rules relating to personal possessions.
(m)
TYC Operated Institutions. With the exception
of the TYC assessment center, youth in TYC operated institutions will be allowed
or denied the following possessions in accordance with the standards outlined
in this policy.
]
(1)
Clothes and Shoes.
]
Dress code requirements will be based upon the youth's
progress in the agency's established treatment program in order to easily
identify a youth's phase, and in order to enhance the youth's incentive to
participate in such program. Facilities
] will
be provided
[
provide all youth
] with standardized clothing
and shoes. See §91.5
of this title for dress code requirements;
[
.
]
(B)
Youth on phases III and IV
will be provided with clothing that reflect their success in the Resocialization
program. Each facility will develop a local policy specifying dress code requirements.
At a minimum, youth on phase III and IV will be provided with blue jeans or
khaki pants that fit properly, and youth on phase IV will be provided with
collared shirts. Facilities where youth wear military attire are exempt from
this requirement.]
(C)
Youth of all phases will be provided with
standard shoes. Phase III and IV youth will be allowed to possess one pair
of their own tennis shoes. Shoes must be black, white, or black and white.
Shoes may be purchased with money from the youth's student trust fund, either
through a commissary or through store runs. The family may provide shoes to
the youth only if they are shipped directly from the store, in an effort to
prevent contraband from entering the facility. Shoes will not be provided
by the family at visitation.
]
(D)
]
may be allowed to possess
additional appropriate clothing to wear to off-campus privileges such as community
jobs or school;
[
Facilities may allow youth to possess additional
appropriate clothing to wear to off-campus privileges such as community jobs
or school. Personal clothing for these purposes will be either provided by
the facility or purchased with money from the youth's trust fund. The family
may provide this clothing to the youth only if they are shipped directly from
the store, in an effort to prevent contraband from entering the facility.
]
(E)
If a youth loses a phase,
the youth may be allowed to keep personal clothing/shoes in his/her possession.
However, the youth will not be allowed to wear the clothing/shoes until he/she
has achieved the required phase again.]
(F)
] [
Youth of any phase
]
will be allowed to possess personal shoes if they are medically necessary;
however, the facility may choose to provide this to the youth in lieu of the
family
;
[
.
]
(2)
Jewelry. Because jewelry represents
a risk to facility safety (e.g. items may be used as a weapon or may injure
staff/student during a restraint), youth are not allowed to possess any jewelry.
]
(3)
Watches. To provide an incentive
to participate and progress in the agency's Resocialization program, phase
III and IV youth will be provided a personal inexpensive watch, preferably
provided by the Volunteer Council or purchased by the facility using money
from the Student Benefit Fund.]
(4)
Foods.
]
(A)
As food on the dorm has demonstrated to
be a risk to sanitary living conditions, youth are not allowed to have personal
food items in their possession.
]
(B)
Facilities will provide vending machines
or a commissary in the visitation area accessible to visitors to purchase
food and drinks for youth and families to consume during visitation only.
]
(C)
There will not be a limit to the amount
of money brought into the facility by the family for use in the commissary
or vending machines.
]
(D)
Family members may not bring food to visitation,
and youth will not be allowed to take food away from visitation, nor will
they be allowed to receive food through the mail.
]
(5)
Hygiene Products and Makeup.
]
(A)
]
will be provided appropriate
and adequate hygiene products;
[
Facilities will provide appropriate
and adequate hygiene products to all youth.
]
(B)
To provide an incentive to participate
and progress in the agency's Resocialization program, phase IV youth will
be allowed to possess the following individually-purchased personal hygiene
products: Bar soap, shampoo, toothpaste and toothbrush, deodorant, lotion,
and/or hair products.
]
(C)
Females will be allowed to possess and
wear makeup based upon the youth's progress in the agency resocialization
program in an effort to:
]
(i)
encourage youth to maintain a pro-social
appearance and increased self-respect;
]
(ii)
provide TYC an opportunity to teach girls
personal grooming skills such as how to apply makeup appropriately to avoid
an anti-social or deviant appearance; and
]
(iii)
provide an incentive for youth to progress
through the agency's rehabilitation program.
]
(D)
Phase II female youth will also be allowed
to possess and wear facility-provided lip-gloss, and personal pressed powder.
]
(E)
Phase III female youth will be allowed
to possess and wear facility-provided lip-gloss, as well as personal pressed
powder, blush, mascara (non-waterproof brown or black only), and facial moisturizer
(tinted or non-tinted).
]
(F)
Phase IV female youth will be allowed
to possess and wear facility-provided lip-gloss, as well as personal pressed
powder, blush, mascara (non-waterproof brown or black only), facial moisturizer
(tinted or non-tinted), lipstick, and base (in a compact, stick form, or plastic
container only).
]
(G)
] [
Tweezers
] will
be provided
tweezers (girls only)
[
to girls at all phases
] to groom their eyebrows/facial hair. However, the
female
youth
will have only controlled access, and shared tweezers will be sterilized between
uses.
If tweezers are being inappropriately used, access to tweezers
will be prohibited.
[
Any youth may be prohibited access to tweezers
if there is concern that the youth will use the tweezers inappropriately.
] This restriction will be documented on the youth's ICP
; and
[
.
]
(6)
Restrictions on the Use of Makeup.
]
(B)
Girls may lose the privilege of wearing
makeup while on restriction for category I or II rule violations.
]
(C)
] Girls on the Corsicana Stabilization
Unit may not wear makeup.
(D)
] Boys will not be allowed access
to makeup for safety issues (violating the social norms would leave the boys
vulnerable to ridicule and/or harassment).
(E)
] Youth will not be allowed to
possess any talcum powder, aerosol products, or products in glass containers
or cans. The following types of makeup will be prohibited: Lip liner pencils,
eyeliner (liquid or pencil), eye shadow (cream, powder or pencil), eyebrow
pencil, eyelash curler, loose powder, waterproof cosmetics, and nail polish.
Institution administrators may place local restrictions on certain types or
brands of hygiene products based on safety concerns, e.g. alcohol content,
toxicity, etc.
(7)
Youth of any phase will be
allowed to possess additional hygiene products deemed medically necessary.
Facial cleanser will be supplied to youth as needed/as appropriate to remove
cosmetics and/or control acne.]
(8)
Makeup and other hygiene products
may be controlled by staff and issued only at times the youth are in need
of them.]
(9)
Obtaining Clothing, Shoes, Makeup and
Hygiene Products.
]
(D)
No more than one of a particular hygiene
product will be kept by the youth at any one time.
]
(10)
Youth may possess personal
magazines, books or other publications; however, the policy on contraband
will limit the content. The youth will be limited in the number or the amount
of publications based on storage space limitations, and based on what the
local fire marshal will allow (e.g. three books, four publications, etc).]
(11)
In order to encourage and
assist youth in concentrating on learning and practicing their Resocialization
skills and goals, youth will not be allowed to possess radios, stereos, cassette
tapes, computer diskettes, compact discs, cell phones, batteries, walkmans,
television sets, or other electronic equipment with the following exception
outlined below.]
(A)
As an incentive to participate and progress
in the agency's Resocialization program, Phase III and IV youth will possess
their own (or have access to) battery-operated personal radios and/or tape
players (e.g. Walkmans). The radios and/or tape players/tapes will preferably
be provided by the volunteer council or purchased with money from the Student
Benefit Fund. The youth may not receive electronics or music through the mail
or through visitation.]
(B)
Youth will only be allowed to use the radios
or tape players during designated free time.]
(C)
TYC will provide batteries.]
(D)
In facilities that can access radio stations
in the dorm, the youth will be provided only radios. In facilities that cannot
access radio stations inside the dorm, the youth will be provided with tape
players and tapes.]
(E)
CD's and CD players will not be allowed.]
(12)
Youth may not possess any
item that is not expressly allowed in TYC policy.]
Chapter 95.
YOUTH DISCIPLINE
(3)
] escape or attempted escape
as defined in §95.3 of this title;
(4)
] fleeing apprehension which
results in a significant disruption of campus operations;
(5)
] riotous conduct as defined
in §95.3 of this title;
(6)
] sexual assault, aggravated
sexual assault, or inappropriate sexual contact other than just kissing;
(7)
] possessing any item defined
as a weapon in the Penal Code or threatening others with use of an object
which could be used as a weapon;
(8)
threatening imminent bodily
injury as defined in §95.3 of this title;]
(9)
] chunking bodily fluids as
defined in §95.3 of this title;
(10)
] possession or use of an unauthorized
substance or intoxicant;
(11)
] self-harm or threatening
self-harm, which has been clinically assessed by a mental health professional
as not motivated by mental illness pursuant to assessment procedures as set
forth in §91.88 of this title (relating to Suicide Alert for Secure Programs);
(12)
] chronic disruptive behavior,
as demonstrated by:
(13)
] behavior which is found in
a due process hearing to be eligible for placement in the AMP pursuant to §95.21
of this title and the youth is subsequently denied admission to AMP.
no security referrals
in any seven-day review period
] and compliance with short term IBMP
objectives; or
Chapter 99.
GENERAL PROVISIONS