Texas Register, Volume 15, Number 48, Pages 3671-3713, June 26, 1990 Page: 3,701
3671-3713 p. ; 28 cm.View a full description of this periodical.
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concerning his possible involvement in ille-
gal activities is admissible if it is signed by
the youth and accompanied by evidence
indicating that the youth made the statement
voluntarily after being advised of:
(A) his right to remain silent;
(B) the possible conse-
quences of giving the statement;
(C) his right to consult with
an attorney prior to giving the statement;
and
(D) his right to have an at-
torney provided for him if he is indigent.
(35) A youth's oral statement is
admissible only if it relates facts which are
found to be true and which tend to establish
the youth's involvement in illegal activities.
(36) The hearings examiner
shall rule immediately on any motions or
objections made in the course of the
hearing. All such motions, objections, and
rulings shall be included in the hearings
examiner's written report.
(37) The hearings examiner
may; for good cause, recess or continue the
hearing for such period(s) of time as may
be necessary to insure an informed and
accurate fact-finding.
(38) Following the presentation
of all evidence pertaining to the factual
issues raised at the hearing, the hearings
examiner shall announce his findings as to
those issues.
(A) When the fact-finding
concerns an allegation of criminal conduct,
the hearings examiner may find that the
evidence suffices to prove an offense other
than that originally alleged and enter the
appropriate allegation in the record if the
original allegation gave sufficient notice of
the offense proved.
(B) Irrespective of the
evidence, the hearings examiner may not
find a criminal offense more serious than
that originally alleged unless the original
allegation has been amended on the record
and after notice to counsel for the youth.
(C) If the hearings
examiner's findings require that disposition
be made, the hearing shall proceed to dispo-
sition; if not, the hearing shall be adjourned
with no change in the youth's status.
(39) The hearings examiner may
receive additional evidence for purposes of
disposition or, with the consent of allparties, may make a decision concerning
disposition based upon the evidence already
in the record.(40) Following announcement
of the decision as to disposition, the
hearings examiner shall inform the youth of
his right to appeal any or all findings and
decision made at the hearing.
(41) A notice of appeal or
request for a rehearing shall not suspend
implementation of the hearings examiner's
decision(s), which shall be effective when
announced at the hearing.
(42) As soon as possible
following the conclusion of the hearing, the
hearings examiner shall prepare a written
report which shall include:
(A) a summary of the
evidence presented;
(B) findings of fact,
including the reliability of the evidence and
the credibility of the witnesses, and the
reasons for those findings;
(C) conclusions of law;
(D) an explanation of the
dispositional decision; and
(E) rulings made on motions
and objections and the reasons therefore.
(43) Copies of the hearings
examiner's report shall be provided to
counsel for the youth and the staff
representative.
(44) An edited copy of the
hearings examiner's report is given to the
youth.
(45) A copy of the hearings
examiner's report is placed in the masterfile
only if the allegations are found. If allega-
tions are not found, all references to the
disciplinary actions are removed from the
youth's masterfile.
91.32. Level I Hearing by Telephone.
(a) Policy. A Level I hearing may
be conducted by telephone when so doing
will not significantly diminish a youth's due
process rights.
(b) Rules.
(1) A youth may waive in writ-
ing the on-site presence of a hearings
examiner for a Level I hearing after consul-
tation with his/her attorney. The hearings
examiner may then conduct the hearing via
telephone; all other necessary parties must
appear at the time and place designated for
the hearing.
(2) A hearings examiner may
agree to conduct a telephone hearing if:(A) the youth's attorney
notifies the legal department at least two
working days prior to the scheduled hearingthat the youth wishes to answer "true" to the
allegation(s) against him/her:
(B) the staff representative
has no objection to the hearing being
conducted by telephone; and
(C) an authorization for
telephone hearing form is properly execut-
ed.
(3) A telephone hearing shall be
conducted according to the rules of
evidence and procedure otherwise
applicable to Level I hearings.
(4) The hearings examiner will
adjourn the telephone hearing and require
an on-site hearing if the hearings examiner
determines that a youth is not knowingly
and voluntarily responding "true" to the al-
legation(s) presented at the hearing.
(5) With the consent of the
youth and the youth's attorney, a hearing
examiner who adjourns a telephone hearing
may subsequently conduct the on-site
hearing.
91.37. Level IV Hearing Procedure.
(a) Policy. A detention review
hearing is a Level IV hearing. A Level IV
hearing is provided to determine whether
justification exists to warrant holding a
youth in detention pending a hearing when
the hearing cannot be held within 10 days
of the detention. The Level IV hearing
requirement applies to youth held in:
(1) county detention pending a
Level I or II hearing when the county does
not hold a detention hearing; or
(2) TYC institutional security
unit in lieu of detention in a county facility
pending a Level I hearing.
(b) Rules.
(1) Decision maker. The parole
supervisor or casemanager supervisor in the
community or superintendent in the
institution appoints a hearing administrator,
an impartial decision maker, who schedules
the hearing.
(2) Detention review hearings.
(A) The youth has a right to
be represented:
(i) if the youth is awaiting
a Level I hearing, by counsel. Counsel is:(I) an
obtained by the youth; orattorney
(II) the attorney ap-
pointed to represent the youth;
(ii) if the youth is await-
ing a Level II hearing, by a youth advocate.. Adopted Sections June 26, 1990 15 TexReg 3701
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Texas. Secretary of State. Texas Register, Volume 15, Number 48, Pages 3671-3713, June 26, 1990, periodical, June 26, 1990; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth201743/m1/31/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.