Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,017
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(C) 85.65 of this title (relating to Discharge of Sen-
tenced Offenders Upon Transfer to TDCJ or Expiration of Sentence);
and
(D) 85.69 of this title (relating to Program Completion
for Sentenced Offenders Adjudicated for Capital Murder).
(4) This policy does not apply to youth transitioning to
medium restriction placement, see 85.45 of this title (relating to
Movement Without Program Completion).
(5) For discharge criteria, see 85.95 of this title (relating
to Parole Completion and Discharge).
(c) General Requirements.
(1) TYC shall not accept the presence of a detainer as an
automatic bar to earned release. The agency shall release a youth to
authorities pursuant to a warrant.
(2) A plan to minimize risk factors for re-offending shall
be developed for each youth prior to release, unless youth is to be
discharged.
(3) TYC shall comply with Chapter 57, Family Code, and
Article 56.02, Code of Criminal Procedure, regarding victim notifica-
tion. Refer to 81.35 of this title (relating to Rights of Victims).
(4) All residential programs releasing an undocumented
foreign national youth must notify Immigration and Customs Enforce-
ment (ICE). Refer to 85.79 of this title (relating to Parole of Undoc-
umented Foreign Nationals).
(5) TYC shall comply with the Sex Offender Registration
Program, pursuant to Chapter 62, Code of Criminal Procedure, regard-
ing youth who are subject to sex offender registration. Refer to 87.85
of this title (relating to Sex Offender Registration).
(6) Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to
disclose any movement information to a parent.
(d) Program Completion Criteria.
(1) Youth Whose Classifying Offense is Other Than a Sen-
tenced Offender. Youth whose classifying offense is other than a sen-
tenced offender will be eligible for release to TYC parole (home or
home substitute) when the following criteria have been met:
(A) no confirmed Category I rule violations through a
due process hearing, within 90 days prior to the Special Services Com-
mittee (SSC) exit interview; and
(B) no confirmed Category I rule violations through a
due process hearing during the approval process, as outlined in sub-
section (e)-(h) of this section; and
(C) completion of the minimum length of stay; and
(D) the youth is currently assessed at Resocialization
phase A4, B4, C4 with no main objectives or sub-objective indicators
under remediation; and
(E) for youth committed after April 1, 2005, comple-
tion of specialized treatment for Priority 1 youth (unless this require-
ment is waived by the assistant deputy executive director for rehabili-
tation services and the assistant deputy executive director for juvenile
corrections).
(2) Youth in Contract Care Programs Where Resocializa-
tion is Not Administered. Youth in high or medium restriction contractcare programs where Resocialization is not administered will be eli-
gible for release to TYC parole (home or home substitute) when the
following criteria have been met:
(A) no confirmed Category I rule violations through a
due process hearing, within 90 days prior to the exit review; and
(B) no confirmed Category I rule violations through a
due process hearing during the approval process as outlined in subsec-
tion (e)-(h) of this section; and
(C) completion of the minimum length of stay; and
(D) identify personal motivations for delinquent behav-
ior; and
(E) demonstrate an understanding of their personal
delinquent behavior patterns and demonstrate the ability to interrupt
their offense patterns; and
(F) complete a plan that:
(i) identifies goals and a plan of action to achieve
the identified goals; and
(ii) identifies obstacles that will support successful
re-entry into the community.
(e) Decision Authority for Approval of Release.
(1) For Type A Violent Offenders. The final decision au-
thority shall approve the youth's release upon a determination that
the youth meets all program completion requirements and the transi-
tion/release Individual Case Plan (ICP) adequately addresses risk fac-
tors. The final decision authority is the deputy executive director.
(2) For Other Than Type A Violent Offenders. The final
decision authority shall approve the youth's release upon a determi-
nation that the youth meets all program completion requirements and
the transition/release ICP adequately addresses risk factors. The final
decision authority is:
(A) the superintendent, for other than Type A violent
offenders; or
(B) the quality assurance supervisor, for other than
Type A violent offenders assigned to contract placements.
(f) Phase Ineligibility.
(1) Remediation. To maintain eligibility for release, a Type
A violent offender youth may receive only one remediation place-
ment in any Resocialization phase area pursuant to 87.3 of this title
(relating to Resocialization Phase Requirements and Assessment) at
anytime after the exit interview. If the youth does not maintain Aca-
demic/Workforce Development (A) or Correctional Therapy (C) phase
4 objectives, the youth will be phase ineligible and will lose release
eligibility pursuant to subsection (g) of this section.
(2) Demotion. To maintain eligibility for release, a Type A
violent offender youth may only receive one demotion in Behavior (B)
phase at anytime after the exit interview. If the youth does not regain
B4 at the next phase assessment, the youth will be phase ineligible and
will lose release eligibility pursuant to subsection (g) of this section.
(g) Loss of Release Eligibility. A youth who loses release el-
igibility will not be eligible for release until such time as the youth
meets program completion criteria and a subsequent SSC exit inter-
view confirms release eligibility. Eligibility for release is lost when
any of the following occur after the exit interview:
(1) youth commits a Category 1 rule violation as confirmed
through a due process hearing; orPROPOSED RULES October 28, 2005 30 TexReg 7017
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/44/?q=%22%22~1: accessed July 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.