Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,021
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(A) no confirmed Category I rule violations through a
due process hearing, within 90 days prior to the SSC exit interview;
(B) no confirmed Category I rule violations through a
due process hearing during the approval process as outlined in subsec-
tions (f)-(i) of this section;
(C) completion of all but nine (9) months of his/her
sentence;
(D) the youth is currently assessed at Resocialization
phase A4, B4, C4 with no objectives or sub-objectives under remedi-
ation; and
(E) completion of specialized treatment (unless this re-
quirement is waived by the assistant deputy executive director for re-
habilitation services and the assistant deputy executive director for ju-
venile corrections).
(f) Decision Authority for Approval of Transfer. Sentenced
offender youth between age 19 and 21 shall not be transferred to
TDCJ-PD until the final decision authority has determined that the
youth meets program completion criteria and the transfer packet ad-
equately addresses risk factors. The final decision authority is the
deputy executive director.
(g) Phase Ineligibility.
(1) Remediation. Except as specified in subsection (h)(2)
of this section, to maintain eligibility for transfer, a youth may re-
ceive only one remediation in Academic/Workforce Development (A)
or Correctional Therapy (C) phase pursuant to 87.3 of this title (relat-
ing to Resocialization Phase Requirements and Assessment) at anytime
after the exit interview. If the youth does not maintain A or C phase
4 objectives, the youth will be phase ineligible and will lose transfer
eligibility pursuant to subsection (h) of this section.
(2) Demotion. Except as specified in subsection (h)(2) of
this section, to maintain eligibility for transfer, a youth may only re-
ceive one demotion in Behavior (B) phase at anytime after the exit in-
terview. If the youth does not regain B4 at the next phase assessment,
the youth will be phase ineligible and will lose transfer eligibility pur-
suant to subsection (h) of this section.
(h) Loss of Transfer Eligibility.
(1) Except as described in paragraph (2) below, a youth
who loses transfer eligibility will not be eligible to transfer until such
time as the youth meets program completion criteria. Eligibility for
transfer is lost when any of the following occur after the exit interview:
(A) youth commits a Category 1 rule violation as con-
firmed through a due process hearing; or
(B) youth is phase ineligible as described in subsection
(g) of this section.
(2) A youth whose offense was committed on or after
September 1, 2005, and who is being considered for transfer under
subsection (e)(2) will lose eligibility for such a transfer, and will
remain in high restriction until his/her sentence has expired, when any
of the following occur after the exit interview:
(A) youth commits a Category 1 rule violation as con-
firmed through a due process hearing; or
(B) youth receives a demotion in B phase; or
(C) youth is placed on remediation in A or C phase.
(i) Transfer Date. Youth who meet the program completion
requirements for transfer to TDCJ-PD under this rule must be trans-
ferred within 120 calendar days of the exit interview, unless a youth:(1) is placed on remediation in A or C phase after the exit
interview, in which case the 120-day deadline may be extended up to
30 days to allow the youth to meet phase objectives to avoid possible
demotion. Such extension will be determined by the Department of
Sentenced Offender Disposition; or
(2) receives a demotion in B phase after the exit interview,
in which case the 120-day deadline may be extended up to 30 days to
allow the youth to regain phase B4. Such extension will be determined
by the Department of Sentenced Offender Disposition.
(j) Transfer Process to TDCJ-PD.
(1) TYC will submit the required documentation request-
ing a transfer of the offender to TDCJ-PD along with an adjudication
form and a case summary, which includes recommendations for parole
conditions within 30 days from the final decision authority transfer ap-
proval date.
(2) TDCJ will process the information and forward to the
Texas Board of Pardons and Paroles who will set the conditions for
parole within 90 days of receiving TYC's transfer notification.
(3) On receipt of the conditions from TDCJ, the
TYC/TDCJ liaison will contact TDCJ-PD to confirm the transfer date,
notify the sending facility of the parole conditions and the transfer
date, coordinate the transfer process and make final arrangements for
the discharge.
(4) TDCJ personnel will serve their Order of Transfer in
person on the scheduled day, at which time the sentenced offender
youth is transferred to the TDCJ-PD and discharged from the TYC.
(k) Notification. TYC will notify the committing juvenile
judge, the prosecuting attorney, parole officer and the county chief
juvenile probation officer in the county to which the youth is being
moved no later than ten (10) calendar days prior to the transfer.
85.65. Discharge of Sentenced Offenders Upon Transfer to TDCJ
or Expiration of Sentence.
(a) Purpose. The purpose of this rule is to establish criteria
and an approval process for discharging sentenced offenders whose
offense was other than capital murder, who has not met the Texas Youth
Commission's (TYC) program completion criteria upon transferring to
the Texas Department of Criminal Justice (TDCJ) or expiration of their
sentence.
(b) Applicability.
(1) Definitions pertaining to this rule are under 85.51 of
this title (relating to Definitions).
(2) This rule only applies to the disposition of the original
determinate sentence.
(3) This rule does not address disciplinary movements.
See Chapter 95, Subchapter A of this title (relating to Disciplinary
Practices).
(4) This rule does not apply to:
(A) sentenced offenders who completed the program
completion criteria for transferring to TDCJ-Parole Division (TDCJ-
PD), see 85.61 of this title (relating to Program Completion for Sen-
tenced Offenders Age 19 or Older);
(B) sentenced offenders adjudicated for capital murder,
see 85.69 of this title (relating to Program Completion for Sentenced
Offenders Adjudicated for Capital Murder); and
(C) the discharge of non-sentenced offenders, see
85.95 of this title (relating to Parole Completion and Discharge).PROPOSED RULES October 28, 2005 30 TexReg 7021
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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/m1/48/?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.