Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,026
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TRD-200504630
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: November 27, 2005
For further information, please call: (512) 424-630137 TAC 85.55, 85.59, 85.61, 85.65, 85.69
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources Code,
61.034, which provides TYC the authority to make rules appro-
priate to the proper accomplishment of its functions.
85.55. Program Completion for Other Than Sentenced Offenders.
85.59. Program Completion for Sentenced Offenders UnderAge 19.
85.61. Program Completion for Sentenced Offenders Age 19 or
Older
85.65. Transfer of Sentenced Offenders to TDCJ-ID.
85.69. Program Completion for Sentenced Offenders Adjudicated
for Capital Murder
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 17,
2005.
TRD-200504629
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: November 27, 2005
For further information, please call: (512) 424-6301
SUBCHAPTER E. PAROLE PLACEMENT AND
DISCHARGE
37 TAC 85.95
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Human Resources Code,
61.034, which provides TYC the authority to make rules
appropriate to the proper accomplishment of its functions.
85.95. Discharge/Transfer of Custody.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 17,
2005.TRD-200504631
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: November 27, 2005
For further information, please call: (512) 424-630137 TAC 85.95
The new rule is proposed under the Human Resources Code,
61.081, which provides the commission with the authority to
resume the care and custody of any youth released under su-
pervision at any time before discharging the youth; and 61.075,
which provides the commission with the authority to discharge a
youth to best serve the youth's welfare and the protection of the
public.
The proposed rule affects the Human Resources Code, 61.034.
85.95. Parole Completion and Discharge.
(a) Purpose. The purpose of this rule is to establish criteria
for discharge from agency jurisdiction for any youth committed to the
Texas Youth Commission (TYC).
(b) Applicability. This policy does not apply t to the sentenced
offenders, see 85.65 of this title (relating Discharge of Sentenced
Offenders Upon Transfer to TDCJ or Expiration of Sentence).
(c) Discharge Criteria.
(1) Discharge Due to Completion of Parole.
(A) For General Offenders.
(i) A youth whose most serious classification un-
der the current commitment order(s) is general offender shall be dis-
charged when the youth:
(I) has completed the initial six (6) months on
parole status;
(II) has had no delinquency adjudications or
criminal convictions during the initial six (6) month period;
(III) has no pending delinquency petitions or
criminal charges;
(IV) has completed the minimum surveillance
level requirements;
(V) has completed the parole phase of Resocial-
ization; and
(VI) has completed the required constructive ac-
tivities.
(ii) A youth whose most serious classification under
the current commitment order(s) is general offender and does not meet
the criteria listed in subsection (c)(1)(A)(i) shall be discharged when
he/she:
(I) completes nine (9) consecutive months on pa-
role status;
(II) has had no delinquency adjudications or
criminal convictions during the nine (9) consecutive month period;
(III) has no pending delinquency petitions or
criminal charges;
(IV) has completed the minimum surveillance
level requirements;30 TexReg 7026 October 28, 2005 Texas Register
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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/m1/53/?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.