37 Tex. Admin. Code § 380.9504 - Rules and Consequences for Youth on Parole
(a) Purpose. This rule establishes the
actions that constitute violations of the rules of conduct youth are expected
to follow while under parole supervision. Violations of the rules may result in
disciplinary consequences, including revocation of parole, that are
proportional to the severity and extent of the violation. Appropriate due
process must be followed before imposing consequences.
(b) Applicability.
(1) This rule applies to youth on parole
status who are assigned to a home placement.
(2) For parole revocation purposes, this rule
also applies to youth on parole status who are assigned to a residential
placement as a home substitute. However, this rule does not apply to the daily
rules of conduct for these youth. For the daily rules of conduct, see §
380.9503 of this
chapter.
(c) General
Provisions.
(1) Conditions of parole are
provided to the youth before release on parole.
(2) Conditions of parole, including the rules
of conduct, are reviewed with youth when they initially meet with their parole
officers and at other times as necessary.
(3) Repeated violations of any rule of
conduct may result in more serious disciplinary consequences.
(d) Definitions.
Possession--actual care, custody, control, or management. It does not require
the item to be on or about the youth's person.
(e) Parole Rule Violations. It is a violation
to knowingly commit, attempt to commit, or aid someone else in committing any
of the following:
(1) Abscond--leaving a home
placement or failing to return from an authorized leave when:
(A) the youth's parole officer did not give
permission; and
(B) the youth's
whereabouts are unknown to the youth's parole officer.
(2) Failure to Comply with Electronic
Monitoring Program Conditions--failing to comply with one of the following
conditions required by the youth's electronic monitoring program conditions:
(A) remain at the address listed at all
designated times;
(B) follow curfew
restriction as stated in the youth's conditions of placement or conditions of
parole;
(C) remain at the approved
placement while on electronic monitoring, going only to school, approved
activities, religious functions, and medical/psychological appointments and
then return to the approved placement, in accordance with the schedule
identified in the conditions of placement or conditions of parole;
(D) wear the electronic monitoring device 24
hours a day;
(E) allow a TJJD staff
member to enter the youth's residence to install, maintain, and inspect the
device if required;
(F) notify the
electronic monitoring officer as soon as possible within 24 hours if the youth
experiences any problems with the electronic monitoring system; and
(G) charge the device daily for a minimum of
one hour continuously in the morning and one hour continuously in the
evening.
(3) Failure to
Comply with Sex Offender Conditions of Parole--intentionally or knowingly
failing to comply with one of the following conditions present in the youth's
sex offender conditions of parole addendum:
(A) do not have unsupervised contact with
children under the age specified by the conditions of parole;
(B) do not babysit or participate in any
activity where the youth is responsible for supervising or disciplining
children under the age specified by the conditions of parole; or
(C) do not initiate physical contact or
touching of any kind with a child, victim, or potential victim.
(4) Failure to Report an Arrest or
Citation--failing to report an arrest or receipt of a citation to the youth's
parole officer within 24 hours of arrest or citation.
(5) Participating in a Major Disruption of
Facility Operations--intentionally engaging in conduct that poses a threat to
persons or property and substantially disrupts the performance of facility
operations or programs. (This parole violation applies only to youth assigned
to a residential placement as a substitute for home placement.)
(6) Possessing, Selling, or Attempting to
Purchase Ammunition--possessing, selling, or attempting to purchase
ammunition.
(7) Possessing,
Selling, or Attempting to Purchase a Weapon--possessing, selling, or attempting
to purchase a weapon or an item that has been made or adapted for use as a
weapon.
(8) Refusing a Drug
Screen--refusing to take a drug screen when requested to do so by staff or
tampering with or contaminating the urine sample provided for a drug
screen.
(9) Repeated Non-Compliance
with a Written, Reasonable Request of Staff--failing on two or more occasions
to comply with a specific condition of release under supervision and/or a
specific written, reasonable request of staff. If the request requires the
youth to do something daily or weekly, the two failures to comply must be
within a 30-day period. If the request requires the youth to do something
monthly, the two failures to comply must be within a 60-day period.
(10) Photos, Videos, or Social Media Posts
with Weapon, Ammunition, or Unauthorized Substance--appearing in photos,
videos, or other images, whether or not posted to social media, with any
weapon, ammunition, or unauthorized substance or related paraphernalia,
including any object that reasonably resembles a weapon, ammunition, or
unauthorized substance or related paraphernalia. The term weapon includes, but
is not limited to, guns, explosive devices, knives, blades, and clubs. The term
related paraphernalia includes, but is not limited to, items used to make or
deliver unauthorized substances.
(11) Tampering with Monitoring Equipment--a
youth intentionally or knowingly tampers with monitoring equipment assigned to
any youth.
(12) Unauthorized
Absence--leaving a medium-restriction residential placement without permission
or failing to return from an authorized leave.
(13) Possession or Use of Unauthorized
Substances--possessing, ingesting, inhaling, or otherwise consuming any
unauthorized substance, including controlled substances or intoxicants,
medications not prescribed for the youth by authorized medical or dental staff,
alcohol or tobacco products, or related paraphernalia such as that used to
deliver or make any unauthorized substance.
(14) Violation of Any Law--violating a
federal or state law or municipal ordinance.
(f) Possible Consequences.
(1) A parole rule violation may result in a
Level I hearing or a Level III hearing conducted in accordance with §
380.9551 or §
380.9557 of this chapter,
respectively.
(A) This subparagraph applies
only to youth alleged to have engaged in conduct classified as a first- or
second-degree felony while on parole. Except as provided by this subparagraph,
a Level I hearing shall be requested on these youth. The hearing may be
deferred when requested by local prosecutors, as provided in §
380.9551 of this chapter. The
designated staff person may determine that, given all circumstances, a Level I
hearing is not appropriate. Such decision shall be documented. If a Level I
hearing is held and the youth's parole is revoked, the youth shall be reviewed
for the most restrictive setting appropriate, including the intervention
program described by §
380.9510 of this
chapter.
(B) Parole officers are
encouraged to be creative in determining a consequence appropriate to address
and correct the youth's behavior. Staff should use evidence-based interventions
that relate to the youth's risk, needs, and responsivity when appropriate. All
assigned consequences should be related to the misconduct when
possible.
(2)
Consequences through a Level III hearing for a youth on parole include, but are
not limited to:
(A) Verbal
Reprimand--conference with a youth including a verbal reprimand that draws
attention to the misbehavior and serves as a warning that continued misbehavior
could result in more severe consequences.
(B) Curfew Restriction--an immediate change
in existing curfew requirements outlined in the youth's conditions of
parole.
(C) Community Service
Hours--disciplinary assignment of a specific number of hours the youth is to
perform community service in addition to the hours assigned when the youth was
placed on parole. In no event may more than 20 community service hours be
assigned through a Level III hearing.
(D) Increased Level of Supervision--an
assigned increase in the number of primary contacts between the youth and
parole officer in order to increase the youth's accountability.
(E) Electronic Tracking--assignment to a
system that electronically tracks a youth's movement and location.
(F) Writing Assignment--an assignment
designed for the youth to address the misbehavior and identify appropriate
behavior in similar situations.
(3) Consequences through a Level I hearing
for a youth on parole, including youth assigned to a residential placement as a
home substitute, include:
(A) parole
revocation and placement in any high- or medium-restriction program operated by
or under contract with the Texas Juvenile Justice Department; and
(B) assignment of a length of stay consistent
with §
380.8525 of this
chapter.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.