37 Tex. Admin. Code § 380.8557 - Release Review Panel
(a) Purpose.
This rule establishes a Release Review Panel to determine whether a youth who
has completed the minimum length of stay should be discharged from the custody
of the Texas Juvenile Justice Department (TJJD), released under supervision, or
given an extended length of stay. This rule also establishes a process to
request reconsideration of an order issued by the Release Review
Panel.
(b) Applicability. This rule
applies to all youth committed to TJJD without a determinate sentence who have
completed the minimum length of stay and have not been approved for release
under §
380.8555 of this
chapter.
(c) Definitions. Except as
specified in this subsection, see §
380.8501 of this chapter for
definitions of terms used in this rule. The following terms, as used in this
rule, have the following meanings unless the context clearly indicates
otherwise.
(1) Clear and Convincing
Evidence--a standard of proof meaning that measure or degree which will produce
in the mind of the trier of facts a firm belief or conviction as to the
position sought to be established; more than a preponderance of the evidence,
but less than beyond a reasonable doubt.
(2) Extension Length of Stay--a period of
time in addition to the minimum length of stay that a youth is required to
remain in residential placements.
(3) Major Rule Violation--a violation in the
most serious category of rule violations for residential facilities, as listed
in §
380.9503 of this
chapter.
(4) Release Review Panel
(or Panel)--the TJJD Central Office staff members appointed to determine if a
youth who has completed the minimum length of stay will be discharged,
released, or given an extension length of stay.
(5) Residential Placement--a high- or
medium-restriction facility, as defined in §
380.8527 of this
chapter.
(6) Victim--any victim who
has requested notification of release or discharge proceedings.
(d) General Provisions.
(1) Panel Members.
(A) The panel must consist of an odd number
of members appointed by the executive director for terms of at least two
years.
(B) Each member of the panel
must be a TJJD employee who works at the TJJD Central Office. Panel members may
not be involved in any supervisory decisions concerning youth in the custody of
TJJD.
(2) Evidence Used
by the Panel.
(A) The panel may review any
information relevant to the youth's progress and rehabilitation, irrespective
of the form of the information.
(B)
The youth, the parent/guardian of the youth, or victims of the youth may submit
information for the panel's consideration. Information and arguments should be
submitted to the panel in writing on or before the expiration of the youth's
minimum length of stay or, if applicable, the expiration of the extension
length of stay. The youth may request assistance from any TJJD staff member or
volunteer in communicating with the panel.
(C) The parent/guardian, victim, or person
representing the youth, if any, may make a written request for personal
communication with a member of the panel before the expiration of the youth's
minimum length of stay or, if applicable, the expiration of the extension
length of stay. If the panel approves the request, the panel will schedule the
communication, which may be in person, via telephone, or via
videoconference.
(D) The panel may,
at its discretion, interview the youth or any other individual who may have
information relevant to the youth's rehabilitation needs. When notified that an
attorney or other representative is assisting the youth with the review, the
panel must notify the representative of any scheduled interviews with the youth
prior to conducting the interview. A youth's refusal to speak to the panel is
not held against the youth when making the release decision.
(E) To be considered as a factor in a
determination to extend a youth's stay, a violation of the rules of conduct
must have been proven via due process that provides advance written notice of
the alleged violation, a written statement by the fact finder of the evidence
relied upon and the reason for the decision, an opportunity to call witnesses
and present evidence, and a neutral decision maker. Documented behaviors that
do not result in a rule violation being proven true in a due process hearing
may still provide evidence of continuing conduct that the panel may consider in
making its decision.
(3)
Deadline for Release or Discharge.
(A) If the
panel determines that a youth's length of stay should not be extended, TJJD
must release or discharge the youth no later than 15 calendar days after the
date of the panel decision, except as provided by subparagraph (B) of this
paragraph.
(B) A request for
reconsideration of a release or discharge order may temporarily delay the
release or discharge of the youth until the panel reaches a decision on the
request in accordance with timeframes established in subsection (h) of this
section.
(4) Extension
Length of Stay. An extension length of stay may be assigned only by the panel
and only in accordance with the provisions of this rule.
(e) Completion of Minimum Length of Stay.
(1) Referral to the Panel . Upon receipt of a
referral regarding a youth who has not met program completion criteria as set
out in §
380.8555 of this chapter, the
following actions shall occur.
(A) The youth,
parent/guardian, and any victims shall be notified that the case has been
referred to the panel for review.
(B) Before the date the minimum length of
stay expires, staff will make available to the panel any information relevant
to the decision on whether the youth is in need of additional rehabilitation in
a residential placement.
(2) Panel Decision.
(A) No later than 30 calendar days after
expiration of the youth's minimum length of stay, the panel shall make a
determination as to whether TJJD will discharge the youth, release the youth,
or extend the youth's stay in a residential placement.
(B) The panel may extend the youth's stay
only if the panel determines by majority vote that there is clear and
convincing evidence that:
(i) the youth is in
need of additional rehabilitation from TJJD; and
(ii) a residential placement will provide the
most suitable environment for that rehabilitation.
(C) The panel's determination may include
assessments of factors including, but not limited to, the following:
(i) the youth's efforts to reduce individual
risk factors and increase individual protective factors;
(ii) the degree and quality of the youth's
participation in available treatment programs, including statutorily required
or court-ordered treatment programs;
(iii) the youth's behavior while at TJJD ;
and
(iv) whether there are any
public safety issues related to releasing or discharging the youth.
(D) The youth, parent/guardian,
victim, and any attorney or representative of the youth are notified of the
panel's determination regarding extension of stay, release, or
discharge.
(E) If the panel extends
the length of a youth's stay, the panel shall :
(i) specify the additional period of time
that the youth is required to remain in residential placements; and
(ii) provide a written report explaining the
reason for the extension to the youth, parent/guardian, and any attorney or
representative of the youth . The report must be provided no later than ten
calendar days after the date of the panel decision.
(f) Completion of
Extension Length of Stay.
(1) Referral to the
Panel. Upon receipt of a referral regarding a youth who has not met program
completion criteria as set out in §
380.8555 of this chapter, the
following actions shall occur.
(A) The youth,
the youth's parent/guardian, and the attorney or representative of the youth,
if any, shall be notified that the youth's case is pending review before the
panel.
(B) Before the date the
extension length of stay expires, staff will make available to the panel any
information relevant to the decision on whether the youth is in need of
additional rehabilitation in a residential placement.
(2) Panel Decision. No later than 30 calendar
days after expiration of the youth's extension length of stay, the panel will
conduct a review and make a determination to discharge the youth, release the
youth, or extend the length of stay in a residential placement. The panel shall
send notification to the youth, the youth's parent/guardian, any victims, and
the attorney or representative of the youth, if any, of the decision within ten
calendar days after the date of the decision.
(g) Request for Reconsideration of an
Extension Order.
(1) A request for
reconsideration of an extension order may be submitted by:
(A) the youth;
(B) the youth's parent/guardian;
(C) an attorney or representative for the
youth;
(D) the youth's
victim(s);
(E) a TJJD
employee;
(F) an employee of a TJJD
contractor;
(G) a person who
provides volunteer services at a TJJD facility; or
(H) the TJJD ombudsman.
(2) The request for reconsideration must be
in writing and must be received by the panel no later than 15 calendar days
after the date of the written notice explaining the reason for the extension.
Requests for reconsideration received after that time may be considered at the
discretion of the panel.
(3) The
youth may request assistance from any TJJD staff member or volunteer in
completing a request for reconsideration.
(4) The person submitting the request for
reconsideration must state in the request the reason for the request. The
request should relate to the reasons given for the extension or be based on
relevant information concerning the youth's programming and treatment
progress.
(5) Upon receipt of a
request for reconsideration, the panel :
(A)
shall reconsider an extension order that extends the youth's stay in TJJD
custody by six months or more or that, when combined with previous extension
orders, results in an extension of the youth's stay in TJJD custody by six
months or more; and
(B) may, at its
discretion, reconsider extension orders other than those addressed in
subparagraph (A) of this paragraph.
(6) When the panel conducts a
reconsideration, the panel shall provide the youth, the youth's
parent/guardian, the attorney or representative of the youth, and the person
who submitted the request for reconsideration with a written explanation of the
panel's decision no later than 15 calendar days after receipt of the request.
The reply shall include an indication that the panel has considered the
information submitted in the request. If the reconsideration results in a
decision to release or discharge the youth, any victims shall be
notified.
(7) A reconsideration
decision by the panel exhausts all administrative remedies regarding release
after expiration of the minimum length of stay.
(h) Request for Reconsideration of a Release
or Discharge Order.
(1) For youth in a
high-restriction facility, a release or discharge order is considered
conditional until the youth has been physically released from the
facility.
(2) For youth in a
medium-restriction facility, including a halfway house:
(A) a release order is considered conditional
until the youth's status has been changed from institutional to parole status;
and
(B) a discharge order is
considered conditional until the youth has been physically released from the
facility.
(3) The
executive director, the chief inspector general, the general counsel, the
deputy executive director for state services, the chief of staff, the facility
administrator, appropriate contract-care monitoring staff, staff designated by
the executive director, or the TJJD ombudsman may request a reconsideration of
a release or discharge order as long as the release or discharge order is still
conditional, as provided by paragraphs (1) and (2) of this
subsection.
(4) If, while the
release or discharge order is still conditional, the youth is alleged to have
committed a major rule violation or new information becomes available that
indicates the youth is likely in need of further rehabilitation at a TJJD
facility, staff designated by the executive director must request
reconsideration of the release or discharge order.
(5) The youth shall be provided a copy of the
request for reconsideration before the panel makes its decision regarding the
reconsideration. The youth shall be given the opportunity to provide
information to the panel concerning the reason(s) for the request. If the youth
is represented by an attorney or other representative, that person shall also
be provided with a copy of the request for reconsideration and given an
opportunity to provide information to the panel.
(6) The panel shall provide the youth, the
youth's parent/guardian, the requestor, and facility staff with a written
explanation of the panel's decision no later than 15 calendar days after
receipt of the request. The reply shall include an indication that the panel
has considered the information submitted in the request. If the reconsideration
results in a change in the original panel decision, any victims shall be
notified.
(7) If reconsideration of
a release or discharge order results in a decision to extend the youth's length
of stay, a person listed in subsection (g) of this section may request
reconsideration according to the process established in that subsection. That
reconsideration decision exhausts all administrative remedies.
Notes
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