Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,027
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(V) has completed the parole phase of Resocial-
ization; and
(VI) has completed the required constructive ac-
tivities.
(B) For Chronic Serious Offender, Controlled Sub-
stances Dealer and Firearms Offender.
(i) A youth whose most serious classification is
chronic serious offender, controlled substances dealer or firearms
offender under the current commitment order(s) shall be discharged
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 is
chronic serious offender, controlled substances dealer or firearms
offender under the current commitment order(s) and does not meet the
criteria listed in subsection (c)(1)(B) shall be discharged when he/she:
(I) has completed the 12 consecutive months on
parole status;
(II) has had no delinquency adjudications or
criminal convictions during the 12 consecutive 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.
(C) For Type B Violent Offenders. A youth whose most
serious classification is Type B violent offender under the current com-
mitment order(s) shall be discharged when the youth:
(i) has completed 12 consecutive months on parole
status;
(ii) has had no delinquency adjudications or crimi-
nal convictions during the 12 consecutive month period;
(iii) has no pending delinquency petitions or crimi-
nal charges;
(iv) has completed the minimum surveillance level
requirements;
(v) has completed the parole phase of Resocializa-
tion; and
(vi) has completed the required constructive activi-
ties.(2) Discharge Due to Age.
(A) For Type A Violent Offenders. Youth whose most
serious classification is a Type A violent offender shall be discharged
on:
(i) the day before the 21st birthday, if the youth is
assigned to a residential placement; or
(ii) the last working day prior to the 21st birthday,
if the youth is assigned to a non-residential placement.
(B) For All Other Classifications.
(i) A youth whose most serious classification is ei-
ther general offender, Type B violent offender, chronic serious of-
fender, controlled substances dealer, or firearms offender under the
current commitment order(s) shall be discharged when the youth:
(I) completes 30 days on parole status after the
youth turns 20.6 years of age;
(II) receives two (2) face-to-face contacts within
the 30 day period listed in subclause (I) of this clause; and
(III) no pending criminal charges.
(ii) If such a youth does not meet the criteria listed
in clause (i) of this subparagraph above, the youth shall be discharged
on:
(I) the day before the 21st birthday, if the youth
is assigned to a residential placement; or
(II) the last working day prior to the 21st birth-
day, if the youth is assigned to a non-residential placement.
(3) Special Circumstances.
(A) Youth of any classification except sentenced of-
fender may be discharged prior to completion of parole requirements
to enlist in the military. The executive director must approve such dis-
charge.
(B) Youth placed out of the state who are of any classi-
fication except sentenced offender may be discharged when requested
by the placement state for satisfactory adjustment or when court ac-
tion is taken by the placement state in accordance with 85.85 of this
title (relating to Interstate Compact for TYC Youth). The assistant
deputy executive director for juvenile corrections must approve such
discharge.
(C) Youth who have completed length of stay require-
ments and who are unable to progress in the agency's rehabilitation
program because of mental illness or mental retardation may be dis-
charged as specified in 87.79 of this title (relating to Discharge of
Mentally Ill and Mentally Retarded Youth). The assistant deputy exec-
utive director for rehabilitation services must approve such discharge.
(D) Youth of any classification except sentenced and
Type A violent offender who are age 18 or older may be discharged
prior to completion of parole requirements in order to obtain appropri-
ate services. The executive director must approve such discharge.
(E) Youth may be discharged for special circumstances,
other than those addressed in subsection (d)(3)(A)-(D) of this section,
upon the executive director's approval.
(4) Other Types of Discharges.
(A) Youth of any classification except sentenced of-
fender and Type A violent offender shall be discharged under the fol-
lowing circumstances:PROPOSED RULES October 28, 2005 30 TexReg 7027
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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/m1/54/?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.