Part 3. TEXAS YOUTH COMMISSION
Chapter 85. ADMISSION, PLACEMENT, AND PROGRAM COMPLETION
Subchapter D. PROGRAM COMPLETION
The Texas Youth Commission adopts on an emergency basis an amendment to §85.95, concerning discharge of youth on parole and new §85.53, concerning release of offenders classified as other than Sentenced or Type A Violent.
Section 85.53 establishes criteria for release to parole for general offenders, Type B violent offenders (except those classified for manslaughter, criminally negligent homicide, or intoxication manslaughter offenses), chronic serious offenders, controlled substances dealers, and firearms offenders who have not otherwise met program completion criteria as set forth in §85.55 of this title or maximum length of stay criteria as set forth in §85.41 of this title.
Section 85.95 is amended to provide for the discharge from TYC parole supervision for youth other than Type A or Sentenced offenders who turn 19 years of age and meet certain discharge requirements.
The amendment and the new section are adopted on an emergency basis to reduce the population of youth in the commission's residential and parole programs.
The new rule is adopted on an emergency basis under the Human Resources Code, §61.081, which provides the commission authority to release under supervision any child in its custody and place the child in his/her home or in any situation or family approved by the commission.
§85.53.Emergency Release for Other Than Type A Violent or Sentenced Offenders.
(a) Purpose. This temporary rule establishes criteria for the release of general offenders, Type B violent offenders (except for manslaughter, criminally negligent homicide, or intoxication manslaughter offenses), chronic serious offenders, controlled substances dealers, firearms offenders who have not otherwise met program completion criteria as set forth in §85.55 of this title or maximum length of stay criteria as set forth in §85.41 of this title.
(b) Applicability.
(1) This rule is in effect immediately upon filing with the Texas Register and expires on July 1, 2007, unless withdrawn earlier.
(2) This rule does not apply to Type A violent offenders, sentenced offenders, or Type B violent offenders whose classifying offense is manslaughter, criminally negligent homicide, or intoxication manslaughter. See §85.23 of this title for more information on youth classifications.
(3) Definitions pertaining to this rule are under §85.51 of this title.
(c) General Requirements. For transition and notification requirements upon release of youth to the community, see §85.55 of this title, subsection (c).
(d) Release Criteria. A youth will qualify for release to TYC parole (home or home substitute) when:
(1) The youth meets the following phase and classification requirements:
(A) A youth who has never been classified as anything except general offender must currently be assessed, at minimum, on Phase A1, B1, C1; or
(B) A youth whose most serious classification is Type B violent offender (except for manslaughter, criminally negligent homicide, or intoxication manslaughter offenses), chronic serious offender, controlled substances dealer, or firearms offender must currently be assessed, at minimum, on Phase A3, B3, C3; AND
(2) The youth meets the following criteria:
(A) has completed his/her minimum length of stay (youth who have had their parole revoked or are recommitted to TYC with no minimum length of stay must complete at least 30 days in a TYC assigned or operated residential placement);
(B) has had no Category 1 rule violations confirmed through a due process hearing within 30 days prior to the date of release; and
(C) has no known pending criminal charges, is not on abscond or escape status, and is not in jail or detention; and
(D) is not currently assigned to the Aggression Management Program or the Behavior Management Program.
(e) Release Restrictions.
(1) A youth who has a medical condition that requires medication will not be released until the youth is provided with a 30-day supply of any necessary medication.
(2) A youth who is on suicide alert or demonstrates a physical act or stated intention associated with a potentially dangerous or life threatening outcome or imminent risk of serious self-injury will not be released until a mental health professional (MHP), with prior consultation with the MHP's supervisor, approves the release of the youth to TYC parole.
(3) Youth must have an approved home placement before the youth is released to TYC parole.
(4) If a Priority 1 youth is currently assigned to a Specialized Treatment Program other than a Mental Health Program, such youth will be reviewed by the Clinical Services Division in Central Office on a case-by-case basis to determine whether to waive the requirement to complete the treatment program.
(f) Special Conditions for Sex Offenders.
(1) A youth who is under a court order deferring sex offender registration requirements shall be given the option to remain in a high restriction program in order to complete his/her treatment program.
(2) Sex offenders who are returning home where the victim or potential victim resides must complete family reintegration requirements as set forth in §87.91 of this title.
This agency hereby certifies that the emergency adoption 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 April 12, 2007.
TRD-200701383
Jay Kimbrough
Conservator
Texas Youth Commission
Effective Date: April 12, 2007
Expiration Date: July 1, 2007
For further information, please call: (512) 424-6014
The amendment is adopted on an emergency basis under the Human Resources Code, §61.075, which provides the Commission authority to discharge a child from control when it is satisfied that discharge will best serve the child's welfare and the protection of the public.
§85.95.Parole Completion and Discharge.
(a) - (b) (No change.)
(c) Discharge Criteria.
(1) (No change.)
(2) Discharge Due to Age.
(A) (No change.)
(B) For All Other Classifications.
(i) A youth whose most serious classification is either general offender, Type B violent offender, chronic serious offender, controlled substances dealer, or firearms offender under the current commitment order(s) shall be discharged when the youth:
(I) completes 30 days on parole status after the youth turns 19
[20.6] years of age;
(II) receives at least one face-to-face contact [
two (2) face-to-face contacts within the 30 day period listed in subclause
(I) of this clause]; and
(III) no pending criminal charges and is not on abscond status or in jail or detention.
(ii) If such a youth does not meet the criteria listed in clause
(i) of this subparagraph [above], the youth shall be discharged
on:
(I) the day before the 21st birthday, if the youth is assigned to a residential placement; or
(II) the last working day prior to the 21st birthday, if the youth is assigned to a non-residential placement.
(3) - (4) (No change.)
(d) (No change.)
This agency hereby certifies that the emergency adoption 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 April 12, 2007.
TRD-200701384
Jay Kimbrough
Conservator
Texas Youth Commission
Effective Date: April 12, 2007
Expiration Date: July 1, 2007
For further information, please call: (512) 424-6014