Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Control 37 TAC sec.91.65 Texas Youth Commission (TYC) adopts on an emergency basis an amendment to sec.91.65, concerning procedures in the security units in TYC institutions. The section is published as an emergency amendment in order to prevent continuing injuries to staff working in TYC's institutional security units and to delinquent youth confined to those units. Youth are placed in individual rooms in security units when immediate behavior meets specific criteria including engaging in serious physical harm to him/herself or others. The amendment will allow staff to lock the doors of all individual security unit rooms to restrict violent behavior. During the first ten months of Fiscal Year 1993, 334 incidents involving student assaults on staff and student assaults on other students occurred in TYC institution security units. A most serious example occurred when two youths confined within an unlocked security unit room gained access to a third youth in an unlocked security unit room and severely beat the victim before staff could act. Had security unit room doors been locked, the assaultive youths would not have been able to effect the assault. The amendment is adopted on an emergency basis under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission authority to determine appropriate treatment including confinement. sec.91.65. Security Unit. (a) Policy. The Texas Youth Commission (TYC) refers to security as the institutional unit or building, which is designed and operated for the segregation of youth from the general population and which is controlled exclusively by staff. Placement in security is a serious and extreme measure which may be imposed only in specific
    [the limited] situations. Security shall not be used for retribution at any time. (Also see GOP.67.19, sec.91.69 of this title, relating to Detention). (b) Rules. (1)-(2) (No change.) (3) Locked Doors in Security Unit Rooms. (A) Doors of individual security rooms may be locked during the referral process prior to admission with the following restrictions. (i) A youth may be placed in an individual room and the door locked when the youth is out of control and is a serious and immediate physical danger to himself or herself or others, and only after less restrictive methods of restraint have failed. (ii) As soon as a youth is sufficiently under control so to no longer pose a serious and immediate danger to himself or others, he is released from the locked door. (iii) Use of locked doors for this purpose shall be fully documented. (B) Doors of individual security rooms are locked following a youth's admission to the security unit and placement in an individual room. (4)
      [(3)] Extended Stay. (A) A youth's stay in security may be extended beyond the 24 hours if there are reasonable grounds to believe that one of the admission criteria is occurring or will occur if the youth is released. (B) Extended security confinement due process protections are provided to youth who remain insecurity longer than 24 hours. (i) A hearing is afforded the youth before security confinement is extended past 24 hours. (ii) The youth is informed of the reasons for the continued confinement. (iii) A hearing administrator is appointed by the superintendent to review the reasons for the confinement and make a decision on the facts presented. (iv) The youth is present and participates in the review and has an opportunity to make his own statement. (v) The youth is given assistance in presenting his position if the youth requests such assistance. (vi) The administrator's decision is based solely on the evidence presented. (vii) A written statement of the decision setting forth the reasons for the decision and the appeal procedure is provided to the youth. (viii) The superintendent will decide the appeal outcome and the youth is notified of the outcome of the appeal. (C) Following the extended stay hearing, the superintendent may approve an additional 24-hour extension, every 24 hours thereafter, until the end of the fifth day or 120 hours. (D) Following 120 hours of extended security placement, the director of institutions may approve an additional 24-hour extension, every 24 hours thereafter, until the end of the seventh day or 168 hours. (E) Following 168 hours of extended-stay security placement, the deputy executive director may approve an additional 24-hour extension every 24 hours thereafter until the youth is released. (5)
        [(4)] Security Requirements. (A) Youth placed in security who are on suicide alert are visually checked by staff no less frequently than every ten minutes. All other youth is security are visually checked by staff at least every 15 minutes. (B) Youth in security are visited at least once each day by the superintendent or acting superintendent and by personnel from the psychology and medical departments. (C) [During any period of time in which youth are locked in their room in security] During normal sleeping hours a supervisor visits the security area at least once each hour (unless exceptional and unusual duties prohibit such visits) and shall make an entry into the log recording each such visit. (D) Youth in security receive appropriate psychological and medical services. (E) Youth is security receive the same food including snacks prepared in the same manner as for other youth except as special diets may be prescribed on an individual basis by medical personnel. (F) Youth in security receive educational services. Academic assignments are expected to be completed on all school days by youth enrolled in academic classes; any youth not enrolled in an educational program or only involved in vocational shop activities may be given leisure reading or letter writing assignments in lieu of completing academic class assignments. (G) Youth in security receive two periods of supervised large muscle activity daily. (6)
          [(5)] Documentation. Permanent log(s) are maintained stating the name of the person who authorized confinement or security, the superintendent or acting superintendent's daily approval of the placement, the names and times of the persons who visited the youth while so confined, and the date and time of the youth's placement into security or isolation and release. Issued in Austin, Texas, on June 23, 1993. TRD-9324709 Ron Jackson Executive Director Texas Youth Commission Effective date: June 23, 1993 Expiration date: September 2, 1993 For further information, please call: (512) 483-5244 37 TAC sec.91.67 The Texas Youth Commission (TYC) adopts on an emergency basis the repeal of sec.91.67, Isolation in Security. Section 91.67 is being repealed on an emergency basis in order to eliminate conflicts with standards set forth in sec.91.65, which is being adopted on an emergency basis. The repeal is adopted on an emergency basis under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to determine appropriate treatment, including confinement. sec.91.67. Isolation in Security. Issued in Austin, Texas, on June 23, 1993. TRD-9324708 Ron Jackson Executive Director Texas Youth Commission Effective date: June 23, 1993 Expiration date: September 2, 1993 For further information, please call: (512) 483-5244