37 Tex. Admin. Code § 380.9729 - Directives to Apprehend

(a) Purpose. This rule acknowledges a relationship between the Texas Juvenile Justice Department (TJJD), law enforcement, and the Texas/National Crime Information Center (TCIC/NCIC) with regard to reporting and apprehending youth in TJJD jurisdiction who escape, are absent without authorization, or violate the conditions of release under supervision. This rule also establishes criteria for the issuance of a directive to apprehend.

(b) Applicability. This rule applies to all youth under TJJD jurisdiction, whether supervised by TJJD staff or contract staff.

(c) Issuance of a Directive to Apprehend.

(1) TJJD may issue a directive to apprehend pursuant to the authority granted under Texas Human Resources Code § 243.051 if a youth in TJJD custody:

(A) has escaped or has an unauthorized absence, as defined by § 380.9503 of this chapter; or

(B) has failed to comply with the written conditions of release under supervision (i.e., conditions of parole or conditions of placement).

(2) Directives to apprehend are entered by the Office of Inspector General Incident Reporting Center according to TCIC/NCIC procedures and the Department of Public Safety/Federal Bureau of Investigation guidelines.

(3) Upon issuance of a directive to apprehend, TJJD may notify the Texas Missing Persons Clearinghouse and the National Center for Missing and Exploited Children. The notifications shall be made if it is determined the youth is at a high risk of victimization due to human trafficking, sexual assault, exploitation, abuse, or neglectful supervision.

(d) Cancellation of a Directive to Apprehend. A directive to apprehend is cancelled when:

(1) a youth is arrested or apprehended;

(2) a youth is discharged from commitment to TJJD; or

(3) TJJD staff determines the directive to apprehend is no longer needed.

Notes

37 Tex. Admin. Code § 380.9729

The provisions of this §380.9729 adopted to be effective December 31, 1996, 21 TexReg 12190; amended to be effective February 20, 1998, 23 TexReg 1116; amended to be effective January 1, 1999, 23 TexReg 12935; amended to be effective December 16, 1999, 24 TexReg 10374; amended to be effective August 19, 2002, 27 TexReg 7548; amended to be effective December 4, 2002, 27 TexReg 11168; amended to be effective December 14, 2003, 28 TexReg 11109; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; Amended by Texas Register, Volume 41, Number 06, February 5, 2016, TexReg 974, eff. 2/15/2016; Amended by Texas Register, Volume 48, Number 06, February 10, 2023, TexReg 0718, eff. 5/19/2023