37 Tex. Admin. Code § 380.8559 - Program Completion for Youth with Determinate Sentences
(a) Purpose. This rule establishes criteria
and the approval process for youth with determinate sentences to qualify for
release or transfer to parole by completing required programming.
(b) Applicability.
(1) This rule applies only to youth with a
determinate sentence who have not been adjudicated for capital murder . See
§380.8569 for youth adjudicated for capital murder.
(2) This rule does not apply to sentenced
offenders who are discharged due to expiration of the sentence or transferred
to the Texas Department of Criminal Justice (TDCJ) by court order or by aging
out of the Texas Juvenile Justice Department (TJJD). See §
380.8565 of this chapter.
(c) General
Requirements.
(1) A detainer or bench warrant
is not an automatic bar to earned release. TJJD releases youth to authorities
pursuant to a warrant.
(2) TJJD
reviews each youth's progress:
(A) six months
after admission to TJJD;
(B) when
the minimum period of confinement is complete;
(C) when the youth becomes 16 years of
age;
(D) when the youth becomes 18
years of age and again at 18 years and six months of age to determine
eligibility or make a recommendation for transfer to TDCJ-Correctional
Institutions Division (TDCJ-CID) or TDCJ-Parole Division (TDCJ-PD);
(E) within 45 days after revocation of
parole, if applicable;
(F) when a
youth who is past the minimum period of confinement appears to meet program
completion criteria; and
(G) at
other times as appropriate, such as after a major rule violation is proven at a
Level II hearing.
(3)
The youth must serve the entire minimum period of confinement applicable to the
committing offense in a high-restriction facility unless:
(A) the youth is transferred to TDCJ-CID by
the committing court. See §
380.8565 of this chapter
;
(B) the youth is approved by the
committing court to attain parole status before completing the minimum period
of confinement;
(C) the youth's
sentence expires before the minimum period of confinement expires; or
(D) the executive director waives the
requirement that the youth be assigned to a high-restriction facility . This
subparagraph does not allow a youth to be placed on parole status.
(d) Program Completion
Criteria.
(1) The youth may be considered for
release or transfer to parole when the following criteria have been met:
(A) no major rule violations proven at a
Level II due process hearing within 90 days prior to the program completion
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
;
(C) assignment to the highest
stage in the rehabilitation program as described in §
380.8703 of this
chapter;
(D) participation in or
completion of any statutorily required rehabilitation programming, including
but not limited to:
(i) participation in a
reading improvement program for identified youth to the extent required under
§
380.9155 of this chapter
;
(ii) participation in a positive
behavior support system to the extent required under §
380.9155 of this chapter ;
and
(iii) completion of at least 12
hours of a gang intervention education program, if required by court order;
and
(E) completion of:
(i) all but nine months of the sentence if
the sentence expires before or simultaneously with the minimum period of
confinement; or
(ii) the entire
minimum period of confinement if the sentence expires after the minimum period
of confinement.
(2) Youth are released to TJJD parole unless
the youth meets program completion criteria within two months before the 19th
birthday, in which case the youth will be transferred to TDCJ-PD.
(e) Approval Process for Release
or Transfer .
(1) TJJD notifies the youth and
the youth's parent/guardian of a pending program completion review. The
notification informs the recipients that they have the opportunity to present
information in person or to submit written comments to TJJD. The notification
also specifies the date by which the comments or the request to present
in-person information must be received.
(2) The final decision authority confirms
whether the youth meets all program completion criteria and ensures that the
community reentry/transition plan adequately addresses risk before approving
the release or transfer.
(f) Loss of Release or Transfer Eligibility.
(1) Eligibility for release or transfer is
lost when either of the following occurs after the program completion review :
(A) the youth commits a major rule violation
that is proven at a Level II due process hearing; or
(B) the youth is no longer assigned to the
highest stage in the agency's rehabilitation program.
(2) Except as described in paragraph (3) of
this subsection, a youth who loses release or transfer eligibility will not be
eligible for release or transfer until it is confirmed that the youth again
meets program completion criteria.
(3) If a youth is being considered for
release or transfer nine months before completion of the sentence and the youth
loses eligibility for release or transfer, the youth must remain in high
restriction until the sentence has expired.
(g) Release or Transfer Date.
If the youth is approved for release or transfer to parole, the youth is:
(1) released to
TJJD parole within 60 calendar days unless the youth loses release eligibility.
If the youth loses release eligibility, the release process is reinitiated when
the youth again meets program completion criteria; or
(2) transferred to TDCJ-PD on or before the
youth's 19th birthday.
(h) Active Warrants. At least ten calendar
days before the youth's transfer or release, TJJD notifies any entity that has
issued an active warrant for the youth.
Notes
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