37 Tex. Admin. Code § 380.8521 - Facility Assignment System
(a) Purpose. The
purpose of this rule is to establish an objective system of assigning youth to
the most appropriate facility considering the Texas Juvenile Justice
Department's (TJJD's) responsibilities to provide for public protection and
promotion of rehabilitation. TJJD seeks to place youth in the least restrictive
setting possible to address the youth's treatment needs while considering
public safety.
(b) General
Provisions.
(1) This rule applies to
placement decisions made:
(A) after initial
commitment or recommitment to TJJD; and
(B) following a parole revocation
hearing.
(2) Youth may be
assigned to subsequent residential placements based on changing treatment
needs, reduction in risk level, progress in rehabilitation programming, safety
issues, or overpopulation concerns. For more information on transfers between
facilities and transitions to less restrictive placements, see §
380.8545 of this
chapter.
(3) Placements described
in this rule are limited to high- or medium-restriction facilities. For more
information on facility restriction levels, see §
380.8527 of this
chapter.
(c) Placement
System Factors. Placement decisions are based on factors including, but not
limited to, those listed in paragraphs (1) - (4) of this subsection, with each
factor given priority in the order listed.
(1)
Gender--Youth are generally assigned to male-only or female-only facilities.
However, during orientation and assessment or to receive treatment for certain
specialized treatment needs, youth may be assigned to co-educational
facilities. Youth in co-educational facilities have equal access to agency
programs and activities.
(2)
Treatment Needs--Of the facilities available for the youth's gender, youth are
assigned to the facility that is best suited to meet the youth's individual
treatment needs. Youth with the highest need for any of the following
specialized treatment services will be placed in a facility that provides those
services: mental health, intellectual disability, sexual behavior, capital or
serious violent offender, or substance use services. Whenever possible, youth
with co-occurring specialized treatment needs are assigned to placements
providing each indicated type of treatment. See §
380.8751 of this chapter for more
information on the assessment of specialized treatment needs. Age, medical
needs, and intellectual impairment are also considered in determining an
appropriate facility assignment.
(3) Risk Assessment--Of the facilities
available for the youth's gender and treatment needs, youth are assigned to a
high- or medium-restriction facility based on an assessment of risk factors,
such as offense history, age at first offense, past facility escapes, and other
criminogenic factors.
(A) Placement upon
Initial Commitment or Recommitment to TJJD.
(i) Sentenced offenders are initially
assigned to a high-restriction facility.
(ii) Non-sentenced offenders with a
committing offense of high severity are initially assigned to a
high-restriction facility.
(iii)
Non-sentenced offenders with a committing offense of moderate severity who
score in the high or medium category on the risk assessment are initially
assigned to a high-restriction facility.
(iv) Non-sentenced offenders with a
committing offense of moderate severity who score in the lowest category on the
risk assessment are initially assigned to a high- or medium-restriction
facility, depending on the nature of the committing offense and other factors
identified in this rule.
(v)
Non-sentenced offenders with a committing offense of low severity are initially
assigned to a high- or medium-restriction facility, depending on the results of
the risk assessment and other factors identified in this rule.
(B) Placement after Level I
Revocation Hearing.
(i) Following revocation
as a result of a Level I due process hearing held in accordance with §
380.9551 of this chapter,
non-sentenced offenders found to have engaged in felony-level conduct while on
parole and all sentenced offenders are assigned to high-restriction
facilities.
(ii) Following
revocation as a result of a Level I due process hearing held in accordance with
§
380.9551 of this chapter,
non-sentenced offenders found to have violated conditions of parole that are
not law violations or engaged in misdemeanor-level conduct are assigned to
high- or medium-restriction facilities, depending on the results of the risk
assessment and other factors identified in this rule.
(4) Proximity to Home--Of the
facilities available for the youth's gender, treatment needs, and risk
assessment, youth are assigned to the facility closest to the residence of the
youth's parent/guardian. In cases where the closest placement is at or above
established population capacity or specialized treatment population capacity,
the youth may be assigned to another appropriate placement.
(d) Waivers. Except for
non-sentenced offenders with a committing offense of high severity and
sentenced offenders, the facility restriction level required under this rule
may be waived by the executive director or designee. A designated restriction
level may be waived in order to meet a youth's specific treatment needs or when
it is determined that a youth has a disability or special medical condition
that would prevent the youth from functioning in the designated restriction
level.
(e) Parent Notification.
Parents or guardians of youth are notified of placement assignments in
accordance with §
380.8705 of this
chapter.
(f) Individual Exceptions.
The executive director or designee may make exceptions to placement assignments
under this rule on a case-by-case basis, taking into consideration a youth's
specific treatment needs and public safety.
Notes
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