37 Tex. Admin. Code § 380.8545 - Movement before Program Completion
(a)
Purpose. The purpose of this rule is to establish criteria and procedures for
moving youth who have not met program completion requirements to placements of
equal or lesser restriction.
(b)
General Provisions. Prior to a transition, a youth may request and in doing so
will be granted a Level II hearing.
(c) Transition Movements before Initial or
Revocation Minimum Length of Stay.
(1)
Eligibility. The following youth are not eligible for transition movement
before completion of the initial or revocation minimum length of stay:
(A) sentenced offenders; and
(B) sex offenders with court orders deferring
their sex offender registration requirements who have not successfully
completed an assigned sexual behavior treatment program.
(2) Transition Movement Criteria. Youth in a
high-restriction facility may be eligible for transition to a
medium-restriction facility before completion of the initial or revocation
minimum length of stay when the following criteria have been met:
(A) no major rule violations proven at a
Level II due process hearing:
(i) within 60
days before the transition review or during the approval process, for youth
with committing offenses of low or moderate severity; or
(ii) within 120 days before the transition
review or during the approval process, for youth with committing offenses of
high severity; and
(B)
completion of the following:
(i) for youth
who have not completed the initial minimum length of stay:
(I) six months of the initial minimum length
of stay in high-restriction facilities if the youth has a committing offense of
low severity; or
(II) nine months
of the initial minimum length of stay in high-restriction facilities if the
youth has a committing offense of moderate severity; or
(III) all but six months of the initial
minimum length of stay in high-restriction facilities if the youth has a
committing offense of high severity; or
(ii) for youth placed in a high-restriction
facility following revocation of parole, at least two-thirds of the revocation
minimum length of stay; and
(C) participation in or completion of
assigned specialized treatment programs or curriculum as required under §
380.8751 of this chapter ;
and
(D) completion of the following
rehabilitation program requirements:
(i) for
TJJD-operated facilities, assignment to the second-highest stage in the
assigned rehabilitation program as described in §
380.8703 of this chapter;
or
(ii) for facilities operated
under contract with TJJD, completion of requirements for transition to a
community residential placement as defined in the TJJD-approved rehabilitation
program; and
(E)
completion of a criminal street gang intervention program, if required by court
order.
(3) Decision
Authority for Approval of Transition. The final decision authority ensures,
before approving the transition, that the youth meets all transition criteria
and the community reentry/transition plan adequately addresses risk
factors.
(d) Transition
Movements after Completion of Initial or Revocation Minimum Length of Stay.
(1) Eligibility. The following youth are not
eligible for transition movement after completion of the initial or revocation
minimum length of stay:
(A) sentenced
offenders; and
(B) sex offenders
with court orders deferring their sex offender registration requirements who
have not successfully completed an assigned sexual behavior treatment
program.
(2) Transition
Movement Criteria. Youth in a high-restriction facility may be eligible for
transition to a medium-restriction facility after completion of the initial or
revocation minimum length of stay when the following criteria have been met:
(A) no major rule violations proven at a
Level II due process hearing within 30 days before the transition review or
during the approval process;
(B)
participation in or completion of assigned specialized treatment programs or
curriculum as required under §
380.8751 of this chapter ;
and
(C) completion of a criminal
street gang intervention program, if required by court order.
(3) Decision Authority for
Approval of Transition. The final decision authority ensures, before approving
the transition, that the youth meets all transition criteria and the community
reentry/transition plan adequately addresses risk factors.
(e) Population Control Movements.
(1) When overpopulation occurs in a
high-restriction facility and other remedial actions are not successful in
managing facility populations, non-sentenced offender youth who do not
otherwise qualify may be released or transitioned. In such cases, the executive
director establishes the criteria, taking into account factors including, but
not limited to, the following:
(A) progress
in the rehabilitation program;
(B)
amount of the minimum length of stay completed;
(C) severity of the committing
offense;
(D) completion of required
specialized treatment programs;
(E)
participation in or completion of any statutorily required rehabilitation
programming; and
(F) current risk
assessment.
(2) Youth
will be transitioned to a suitable TJJD-operated medium-restriction placement
or contract-care facility or will be released to a suitable home or home
substitute.
(f)
Administrative Transfers. Administrative transfers may be made for
non-disciplinary, programmatic purposes among facilities of equal restriction
without a due process hearing. An administrative transfer may not be made in
lieu of a disciplinary transfer . A due process hearing is required for a
disciplinary transfer.
(g)
Reassignment of Youth Initially Eligible for Placement in a Medium-Restriction
Facility.
A youth may be reassigned to a medium-restriction facility if the youth was initially eligible for such placement under § 380.8521 of this chapter but was placed in a high-restriction facility in order to address one or more placement system factors that could not be appropriately addressed in a medium-restriction facility. These youth are not required to meet transition criteria set forth in subsections (c) or (d) of this section.
(h) Conditional Placements.
(1) Eligibility. The following youth are not
eligible for conditional placement:
(A)
sentenced offenders; and
(B) sex
offenders with court orders deferring their sex offender registration
requirements who have not successfully completed an assigned sexual behavior
treatment program.
(2)
Criteria for Conditional Placement.
(A)
Before the Initial Minimum Length of Stay. To be considered for a conditional
placement before completing the initial minimum length of stay, a youth must
meet all program completion criteria set forth in §
380.8555 of this chapter, with the
exception of the requirement to complete the minimum length of stay.
(B) After the Initial Minimum Length of Stay.
A youth may be considered for a conditional placement after completing the
initial minimum length of stay when the following criteria have been met:
(i) staff have determined that, due to the
youth's treatment needs, the conditional placement would be in the youth's best
interests;
(ii) the youth has
participated in or completed assigned specialized treatment as required under
§
380.8751 of this chapter ;
and
(iii) the youth has completed a
criminal street gang intervention program, if required by court
order.
(3)
Conclusion of Conditional Placement. A conditional placement ends when:
(A) the youth is assigned to a
medium-restriction facility or home placement because the youth:
(i) earns parole status under §
380.8555 of this chapter or is
placed on parole status under §
380.8557 of this chapter
;
(ii) is transitioned to a
medium-restriction facility under subsection (c) or (d) of this section;
or
(iii) is reassigned to a
medium-restriction facility under subsection (g) of this section;
(C) the youth is returned to the
sending facility through a Level II due process hearing held in accordance with
§
380.9555 of this chapter for
reasons including, but not limited to:
(ii) violation of the conditional
placement agreement; or
(iii) the
conditional placement is no longer viable.
(i) Hardship Cases. In hardship
cases, the executive director or designee may approve placing a non-sentenced
offender youth on parole status without meeting program completion
criteria.
(j) Youth with Mental
Illness or Intellectual Disability . Pursuant to §
380.8779 of this chapter, certain
youth may be discharged following application for appropriate services to
address their mental illness or intellectual disability.
(k) Active Warrants . At least ten calendar
days before the youth's transition or release, TJJD notifies any entity that
has issued an active warrant for the youth.
(l) Individual Exceptions. The executive
director or designee may make exceptions to provisions of this rule on a
case-by-case basis, based on a consideration of the youth's best interests and
public safety.
Notes
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